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§ Weekly (Monday Only) curbside collection of Garbage in a Black 96-gallon Cart.
Senior and Low Income Customers have an option to downsize to a 64-gallon Cart, upon request.
§ Weekly (Monday Only) curbside collection of Recyclable Material in a Blue 96- gallon Cart
§ Weekly (Monday Only) curbside collection of Organics in a Green 96-gallon Cart § Optional weekly collection (at monthly rate) of Manure in a 96-gallon Cart or 2-yard Bin
§ Up to three on-call Bulky Waste Collection per year, including E-Waste (maximum of three (3) items per year)
§ Community Battery Recycling Program at designated sites within the City § Mail-based Sharps collection program
§ Holiday Tree Collection
§ Illegal Roadside Bulky Item Removal collected by City staff and disposed by hauler
4.2. Multi-Family Collection Service Programs
§ MFD Service Recipients currently receive a 2, 3, 4 or 6 yard bin or wheeled Cart for Garbage service. A Recyclable Material and Organic Waste cart may be provided based on Applicable Law;
§ Optional weekly collection (at monthly rate) of Manure in a 96-gallon Cart or 2-yard Bin
§ Up to three on-call Bulky Waste Collection per year.
4.3. Commercial Collection Service Programs
§ Commercial Service Recipients currently receive wheeled Carts or Bins for Garbage, Organic Waste and Recyclable Material, based on volumetric need.
Commercial Collection Service is provided to Service Recipients at least once per week, but up to six (6) times per week.
4.4. Debris Box and Roll-Off Collection Services
Currently, temporary debris box and roll-off services are provided to Service Recipients on an as-needed basis.
4.5. City Facilities Services
§ Weekly Garbage, Recycling, and Organic Waste collection from City designated facilities.
§ Street Can Collection Services from bus shelters three times per week.
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Lamp Tracker Program for the mailing of commercial fluorescent bulbs (limited to 4, 6, and 8 foot tubes) at annual cost $5,000.
4.6. Good Corporate Citizenship / Value-Added Services
The City currently benefits from the following value-added services, at no additional charge, provided by Waste Management, Inc.
§ Collection of Garbage, Recyclable Materials, Organics, and Manure for City Sponsored Events, including but not limited to:
o National Day of the American Cowboy
o Relay for Life
o Christmas Parade
o Norco Fair
4.7. Street Sweeping Services
Currently, Clean Street provides Street Sweeping Services for the City. City expects proposer to sweep all street within the city limits.
4.8. Other Services
Household Hazardous Waste (HHW) collection events are provided by Riverside County Department of Waste Resources for free and are open to all residents of Riverside County for HHW. HHW is any product labeled toxic, poisonous, corrosive, flammable, combustible, or irritant that is disposed. In addition to toxic household products. Sharps, Medications, E-waste comprised of computer monitors, televisions, and stereos, Batteries, and other items are also accepted. Collection events and community clean-up days prevent materials hazardous to soil and ground water from entering landfills.
5. SERVICE RATES
Service Recipients are billed by the Contractor quarterly based on container size and the frequency of collection. See additional documents found on the City of Norco website for current service rates.
6. SERVICE DATA
Table 2, on the following pages, includes Service Recipient data reported by the Contractor as of 2023. Please note, the Contractor did not report any compactors being serviced in the City and information regarding the number of roll-off containers that are being serviced was not provided.
Table 3 includes the reported tonnage data from the Contractor in 2020, 2021, and 2022.
The City does not guarantee the accuracy of the information provided in Table 2 or Table 3, on the following pages. The City neither warrants nor accepts responsibility for the accuracy of the information contained herein. It is the responsibility of the Proposer, at its sole cost, to conduct its own investigation and research and to independently verify all material facts and information necessary for it to submit a response to this RFP.
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Table 2 - Current Service Recipient Data as of March 2023 Number of Residential Cart Service Recipients
Garbage 32-Gallon 64-Gallon 96-Gallon
Accounts with 1 container 0 0 6,171
Accounts with 2 containers 0 0 590
Accounts with 3 containers 0 0 207
Accounts with 4 containers 0 0 75
Accounts with 5 containers 0 0 12
Accounts with 6 containers 0 0 6
Accounts with 7 containers 0 0 2
Senior Accounts with 1 container 0 35 114
Senior Accounts with 2 container 0 12 47
Senior Accounts with 3 container 0 5 24
Senior Accounts with 4 container 0 2 13
Senior Accounts with 5 container 0 0 5
Senior Accounts with 6 container 0 0 2
Recyclable Materials 32-Gallon 64-Gallon 96-Gallon
Accounts with 1 container 0 0 6,171
Accounts with 2 containers 0 0 281
Senior Accounts with 1 container 0 54 205
Organic / Green Waste 32-Gallon 64-Gallon 96-Gallon
Accounts with 1 container 0 0 6,171
Accounts with 2 containers 0 0 936
Accounts with 3 containers 0 0 80
Accounts with 4 containers 0 0 9
Accounts with 5 containers 0 0 1
Accounts with 6 containers 0 0 1
Senior Accounts with 1 container 0 54 205
Number of Multi-family Residential Cart Service Recipients 3-cart Bundled Service (Trash,
Recycling and Organic Waste) 32-Gallon 64-Gallon 96-Gallon Accounts with 1 container 0 0 43
Accounts with 2 containers 0 0 8
Accounts with 3 containers 0 0 3
Accounts with 4 containers 0 0 2
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Table 2 - Current Service Recipient Data as of March 2023 Manure Services
Manure Carts N/A 64-Gallon 96-Gallon
Accounts with 1 container 0 0 420
Accounts with 2 container 0 0 150
Accounts with 3 container 0 0 34
Accounts with 4 container 0 0 10
Accounts with 5 container 0 0 3
Accounts with 6 container 0 0 1
Manure Bins 1/Week 2/Week 3/Week 4/Week 5/Week 6/Week
2 CY 144 36 10 2 7 0
Scout Service (2 CY) 153 35 10 0 4 0
2 CY (2x/month) 194 0 0 0 0 0
Scout Service (2 CY 2x/month) 182 0 0 0 0 0
Number of Commercial Service Recipients (includes City Service Recipients) Garbage Carts 1/Week 2/Week 3/Week 4/Week 5/Week 6/Week 64-Gal 27 0 0 0 0 0
Garbage Bins 1/Week 2/Week 3/Week 4/Week 5/Week 6/Week
2 CY 84 6 0 0 0 0
3 CY 107 44 37 11 9 6
3 CY Compacter 0 0 1 0 0 0
4 CY 9 13 9 0 0 5
6 CY 12 7 3 0 1 1
Recyclable Materials Carts 1/Week 2/Week 3/Week 4/Week 5/Week 6/Week 64-Gal 27 0 0 0 0 0
Recyclable Materials Bins 1/Week 2/Week 3/Week 4/Week 5/Week 6/Week 3 CY 24 14 9 0 0 0
6 CY 2 0 0 0 0 0
Organic / Green Waste Carts 1/Week 2/Week 3/Week 4/Week 5/Week 6/Week 64-Gal 347 0 0 0 0 0
Additional Services Lock Lid
for Bins
Pull Out Service
16-35ft
# of Accounts 79 7
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Table 3 - Tonnage Data
2020 2021 2022
Single-Family Dwelling
Total Tonnage 29,138.34 26,951.35 28,957.48
Garbage 10,405.99 10,551.52 9,886.04
Recycling 1,936.95 1,671.16 4,817.77
Organic / Green Waste / Food Waste 8,808.49 7,009.04 6,962.78 Manure 7,013.95 6,486.75 6,032.21
Residual 923.31 1,232.88 1,083.59
Commercial (Includes Multi-family Dwelling and City Tonnage) Total Tonnage 19,759.06 18,839.89 19,267.90
Garbage 7,569.83 6,691.03 6,708.20
Recycling 509.94 838.84 982.53
Organic / Green Waste / Food Waste 468.58 522.42 539.23 Manure 11,210.71 10,787.60 11,037.94
Residual 0 0 0
Roll off/Debris Box
Total Tonnage 6,154.17 6,590.37 5,681.73
Garbage 3,408.18 4,270.28 3,511.23
Recycling 1,632.87 1,182.46 2,061.82
Organic / Green Waste / Food Waste 549.72 498.02 930.74 Manure 485.69 366.39 0
Residual 77.71 50.97 108.68
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SECTION C
Proposed Services
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PROPOSED SERVICES
REQUEST FOR PROPOSAL
Integrated Waste Management Services
City of Norco, California
Integrated Waste Management Services included in this procurement process are to be provided in the incorporated City limits of Norco (“City Service Area”). Following City Council approval, Integrated Waste Management Services will start on October 1, 2024, and will terminate with a minimum of ten (10) years or a maximum of twenty (20) years (includes two 5-year extensions at sole discretion of City). City will not consider automatic extensions or evergreen terms.
The City is proposing that the following Integrated Waste Management Services be provided within the City Service Area. Proposers should note that the City is very interested in providing these services with minimum disruption to residents and businesses. Therefore, as part of the Operations Plan requested in Section D, 2.4 of this RFP, proposers will be required to discuss the methodology they will use to minimize the impact of any operational changes that may occur.
As part of the Diversion Plan requested in Section D, 2.4 of this RFP, Proposers will be required to discuss the methodology they will use to provide sustainability programs associated with providing requested services.
1. OVERVIEW OF BASE SERVICES
All Service Recipients in the City shall receive Integrated Waste Management Services, which includes a minimum collection of at least weekly Garbage, Source Separated Recyclable Material and Source Separated Organic Waste. By default, Source Separated Organic Waste Collection Service is required to include a mix of Green Waste and Food Waste for all Service Recipients. The selected Contractor will be required to collect all source separated Recyclable Materials and Organic Waste and process for diversion from landfill in a manner that guarantees diversion credit under the requirements of Applicable Law. Contractor shall not use source separated Organic Waste as Alternative Daily Cover (ADC) at a landfill.
Source Separated Recyclable Materials accepted as part of the Integrated Waste Management Services includes cans (aluminum and tin), glass bottles, newspaper, mixed paper, cardboard, and plastics. All Service Recipients in the City shall be serviced using the designated sizes of Carts and Bins, as well as 10 to 40 cubic yard Roll-off Containers for permanent Roll-off Service Recipients.
2. SINGLE FAMILY DWELLING (SFD) COLLECTION SERVICES
2.1. SFD Bundled Service - The City prefers to retain a weekly (Monday Only) SFD Solid Waste Collection Service system, but is open to considering different system approaches presented by Proposers. Alternatives to Monday Only SFD Solid Waste Collection Service must be included as an alternative as described in Section D, 2.6 of this RFP. Solid Waste Collection Service system(s) will consist of using one (1) 96-Gallon Black or Grey Garbage Cart (with the option to downsize to a 32-Gallon or 64-Gallon Garbage Cart), one (1) 96-Gallon Blue Recycling Cart, and one (1) Green 96-Gallon Organic Waste Cart as part of the base SFD Solid Waste Collection Service. On-premises collection must be made available to
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eligible participants (physically unable to move carts).
2.2. SFD Garbage Collection Service - The City wishes to retain a weekly, automated SFD Garbage Collection Service program consisting of Black or Grey Garbage Carts in 32-, 64-, and 96-Gallon sizes. Proposers are required to provide pricing for the 32-, 64-, and 96-Gallon Garbage Carts requested by SFD Service Recipients.
2.3. SFD Recycling Collection Service - The City wishes to retain a weekly, automated SFD Recycling Collection Service program, using 96-Gallon Recycling Carts. One (1) 96-Gallon Blue Recycling Cart will be provided to each Service Recipient as part of the base service to SFD Service Recipients. SFD Service Recipients may request one (1) additional Recycling cart at no additional cost. The cost for the base SFD Recycling Collection Service is to be included in the SFD base Service Rates.
2.4. SFD Organic Waste Collection Service - The City wishes to include a weekly, automated SFD Organic Waste Collection Service of Green Waste and Food Waste, using 96-Gallon Green Carts. One (1) 96-Gallon Organic Waste Cart will be provided to each Service Recipient as part of the base service to SFD Service Recipients. SFD Service Recipients may request one (1) additional Organic Waste carts for no additional cost. Holiday Tree Collection is to be included as part of the curbside Organic Waste Collection Services program, starting December 26 through the second Friday in January of each year. The cost for the base SFD Organic Waste Service is to be included in the SFD base Service Rates.
2.5. SFD Large Item Collection Service - The City is requesting to provide Large Item Collection Services to SFD Service Recipients. This service includes the on-call collection of a combination of six (6) Large Items (such as furniture, carpets, mattresses, wood or yard trimmings, discarded household goods, etc.), or up to ten (10) 32-gallon bags, up to three (3) times per year for SFD Service Recipients at no additional charge, at the request of the SFD Service Recipient. Bulky Waste Collection Services are to be provided within two (2) business days of the request.
The cost for Bulky Waste Collection Service is to be included in the SFD base Service Rates.
2.6. Additional Services
§ Holiday Tree Collection – Annually, the Contractor shall collect all holiday trees from December 26 through the second Friday in January. § Home Compost Bins – The Contractor shall store, promote and distribute up to 500 home compost bins per year to City residents.
§ Kitchen Food Waste Pails – Contractor shall provide kitchen food waste pails to all residential customers or offer an alternative solution to facilitate the transfer of food from the kitchen to the organics collection cart. § Sharps Collection – Upon request, Contractor shall provide one postage-paid mail-back home generated sharps container annually at no additional cost to City residents.
§ Extended Producer Responsibility City-wide Collection at a Citydesignated location – Contractor to promote and offer collection drives twice
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annually to collect and divert electronic waste (E-waste), textiles, carpet, mattresses, and bulky items.
§ Backyard/Off-Street Collection – The Contractor may charge customers for this service. This service includes a discount program for qualifying seniors or customers with disabilities with no additional charge to comply with ADA or similar state law.
§ Curbside E-Waste Collection – Contractor shall provide free curbside household batteries and e-waste collection services.
§ Universal Waste and Household Hazardous Waste – In the event that the services provided by the County are discontinued, the Contractor shall negotiate in good faith with the City to include these services as part of the Integrated Waste Management Services.
§ City Sponsored Events – up to 12 per year of Collection of Garbage, Recyclable Materials, Organics, and Manure for City Sponsored Events, including but not limited to:
§ National Day of the American Cowboy
§ Horse Week
§ Christmas Parade
§ Norco Valley Fair
§ PRC Rodeo
Please note that weight of manure bins may require additional assistance during servicing and proposers should account for Scout Service when considering City Sponsored Events.
3. MULTI-FAMILY DWELLING (MFD) COLLECTION SERVICES
MFD Collection Services will be considered as part of the Residential Collection Service. The City wishes to have MFD Collection Service to be provided to Service Recipients in Carts and/or Bins.
3.1. MFD Bundled Service - The City wishes to have a weekly MFD Solid Waste Collection Service system, using Carts and/or Bins as requested by the MFD Service Recipient. The base MFD Solid Waste Collection Service will include at no additional cost one (1) 96-gallon Blue Recycling Cart per Service Recipient, and one (1) 64-Gallon Green Organic Waste Cart. The actual configuration of Recycling and Organic Waste Cart and/or Bin sizes shall be based on the total equivalent volume and configured in a manner determined by the Service Recipient in consultation with the Contractor.
MFD Service recipients may request additional carts and/or bins or increase their collection frequency for an additional cost.
3.2. MFD Garbage Collection Service - MFD Garbage Collection Service collection system shall use variable size Black or Grey Carts (32-, 64-, and 96-Gallon) and Bins (1-6 cubic yard bins). Proposers must provide pricing for all container sizes listed here and in Form K.
3.3. MFD Recycling Collection Service - The City wishes to expand the current MFD
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Recycling Collection Service program for all MFD Service Recipients in the Service Area by using variable-size Carts and Bins. One (1) 96-gallon Recycling cart will be provided to MFD Service Recipients as part of the base service to MFD Service Recipients. Additional MFD Recycling Collection Service may be provided for an additional cost in variable size Recycling Carts and/or Recycling Bins, with the volume, collection frequency and container type based on the individual needs of the MFD complex. The Contractor will be required to furnish the necessary number and size of Bins and Carts to accommodate the MFD Recycling Collection Services.
3.4. MFD Organic Waste Collection Service - The Contractor will provide MFD Organic Waste Collection Service to all MFD Service Recipients in the Service Area, consistent with State requirements of AB 1826 and SB 1383. MFD Organic Waste Collection Service is required to include Green Waste and Food Waste in this program. Each MFD Service Recipient will receive one (1) 64-Gallon Green Organic Waste Cart as part of the base service. Additional MFD Organic Waste Collection Service may be provided in variable size Carts and/or Bins, with the volume, collection frequency and container type based on the individual needs of the MFD complex. The Contractor will be required to furnish the necessary number and size of Bins and Carts to accommodate the MFD Organic Waste Collection Services. The cost for additional MFD Organic Waste Service is to be separately accounted for in the MFD Service Rates. This service is to be arranged by the property manager of the MFD complex.
The City is interested in proposals that can provide solutions for providing MFD Organic Collection Service in mixed-use complexes (MFD and Commercial Service Recipients that have limited space for collection Carts or Bins, and/or Bin enclosures). The use of split Carts and/or split Bins is acceptable.
Holiday Tree Collection is to be included as part of the curbside Organic Waste Collection Services program, starting December 26 through the second Friday in January of each year.
3.5. MFD Large Item Collection Service - The City is requesting that the selected Contractor provide Bulky Waste Services to MFD Service Recipients. This service includes the on-call collection of a combination of six (6) Large Items (such as furniture, carpets, mattresses, wood or yard trimmings, discarded household goods, etc.), or up to ten (10) 32-gallon bags, up to five (5) times per year for each Dwelling Unit in a MFD Service Recipient complex, to be arranged with the property manager. Bulky Waste Collection Services are to be provided within two (2) days of the request. The cost for Bulky Waste Collection Service will be “bundled” into the MFD Collection Rates proposed on Form K.
4. COMMERCIAL COLLECTION SERVICES
4.1. MXD (Mixed-Use Dwellings) Collection Services - MXD (Mixed-Use Dwellings) Collection Services will be considered as part of the Commercial Collection Service.
4.2. Commercial Bundled Service - The City wishes to retain a weekly Commercial Solid Waste Collection Service system, using Carts and/or Bins as requested by the Commercial Service Recipient, and including at no additional cost the equivalent volume of Garbage and Recycling Collection Service, with a minimum
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of at least one (1) 96-gallon Blue Recycling Cart per Service Recipient, and one (1) 64-Gallon Green Organic Waste Cart as part of the base Commercial Collection Service. The actual configuration of Recycling and Organic Waste Cart and/or Bin sizes shall be based on the total equivalent volume and configured in a manner determined by the Service Recipient in consultation with the Contractor. Proposers are required to provide pricing for collection of the base services and for any additional services that may be requested by the Commercial Service Recipient.
4.3. Commercial Garbage Collection Service - The City wishes to use variable size Garbage Carts (64-and 96-Gallon) and Garbage Bins (1-6 cubic yard bins).
Proposers must provide pricing for all container sizes listed here and in Form K.
4.4. Commercial Recycling Collection Service - The City wishes to provide singlestream Commercial Recycling Collection Service program, using variable size Recycling Carts and Recycling Bins, to all Commercial Service Recipients in the Service Area, consistent with the State requirements of AB 341 and SB 1383. Each Commercial Service Recipient will receive one (1) 96-gallon recycling carts at no additional cost as part of the base service (the actual configuration of Carts and/or Bins may be determined between the Contractor and the Service Recipient; up to two (2) smaller size Carts may be provided if necessary to meet space constraints). Additional Commercial Recycling Collection Service may be provided in variable-size Carts and/or Bins, with the volume, collection frequency and container type to be based on the individual needs of the Commercial Service Recipient or Commercial complex. The Contractor will be required to furnish the necessary number and size of Recycling Bins and Recycling Carts to accommodate the Commercial Recycling Collection Services. The cost for additional Commercial Recycling Collection Service is to be separately accounted for in the Commercial Service Rates.
4.5. Commercial Organic Waste Collection Service - The City wishes to provide Organic Waste Collection Service to all Commercial Service Recipients in the City Service Area, including Food Waste, consistent with State requirements of AB 1826 and SB 1383. Commercial Organic Waste Collection Service is required to include both Green Waste and Food Waste. Each Commercial Service Recipient will receive the equivalent volume of one (1) Green 32-Gallon Organic Waste Cart at no additional cost as part of the base service (the actual configuration of Carts and/or Bins may be determined between the Contractor and the Service Recipient; up to two (2) smaller size Carts may be provided if necessary to meet space constraints). Additional Commercial Organic Waste Collection Service may be provided in variable-size Organic Waste Carts and/or Organic Waste Bins, with the volume, collection frequency and container type to be based on the individual needs of the Commercial Service Recipient or Commercial complex. Large generators of Green Waste may also subscribe to collection of Green Waste only (in addition to the required base service). This service is to be arranged by the Commercial Service Recipient or the property manager of the Commercial complex, as appropriate. The cost for additional Commercial Green Waste or Organic Waste Services is to be separately accounted for in the Commercial Service Rates.
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5. MANURE SERVICES
§ Residential, MFD, Commercial, and City Collection – Optional weekly collection (at monthly rate) of Manure in a 64-gallon or 96-gallon Cart. If 96-gallon Cart for a particular resident is consistently overweight and difficult to service, resident to be provided two (2) 64-gallon carts at 96-gallon rate instead. Resident can also opt for weekly collection of Manure in a 2-yard Bin. Please note that weight of manure bins may require additional assistance during servicing and proposers should account for Scout Service when considering Manure bin service. § Exemptions – Residents permitted to self-haul Manure under City ordinance
6.42.230 are exempt from franchised Manure Services.
6. CITY SERVICES
6.1. Collection from City Service Recipients - The Contractor will provide collection services to all City Facilities, at no cost to the City. These services include the collection of Garbage, Recyclable Material and Organic Waste from City Facilities.
This service also includes collection of City-generated Bulky Waste from City facilities. Frequency of service will be determined by location need. A list of current locations and service levels will be provided in the Draft Integrated Solid Waste Handling Agreement. The Contractor will provide Solid Waste Collection Services for City-Supported Events, at no cost to the City, upon request.
6.2. Collection from City and/or Transit Cans – The City does not currently have City and/or Transit cans, however, if the City does place such containers throughout the city, the Contractor will provide Garbage collection services to these public trash cans and City-owned bus stops not less than three (3) days per week, at no cost to the City. This service will also include minimally annual power washing public trash cans and maintaining cleanliness in and around the trash cans. A list of current locations will be provided in the Draft Integrated Solid Waste Handling Agreement.
7. STREET SWEEPING SERVICES
7.1. Contractor must provide a proposal to include Street Sweeping Services with the current sweeping frequency and schedule.
7.2. Residential and Commercial Street Sweeping Service is to begin after 6:00 a.m. and before 4:00 p.m. The streets for Street Sweeping Service are to be designated by the City. Residential Streets shall be swept twice per month on a schedule route basis. Commercial Street Sweeping Service shall be provided between 10:00 p.m. and 6:00 a.m. Commercial Streets shall be swept weekly. The streets for Street Sweeping Service are designated by the City.
7.3. The City requires sweepers equipped with clean air engines, that operate quietly, and are equipped such that they will sweep rocks, glass, and other debris effectively form public roads, including shoulders and bike paths.
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8. GOOD CORPORATE CITIZENSHIP / VALUE-ADDED SERVICES
8.1. Contractor may provide additional good corporate citizenship / value-added services for the City to consider. Refer to Section D.2.6 (Proposal Service Alternatives and Agreement Exceptions) for additional detail regarding submitting alternatives and exceptions to this RFP. Additional costs associated with each good corporate citizenship / value-added service is to be separately accounted for using the forms provided in Section F.
9. EDUCATION AND OUTREACH
9.1. Contractor must provide an on-going and effective Education and Outreach Program, provided to all Service Recipients in the City to assist the City in meeting its diversion requirements and goals. The Education and Outreach Program may involve the development of education and outreach materials, staffing at CitySupported Events, a City-specific website that fully explains the Contractor’s services and rates, effectively promotes the diversion options offered to Service Recipients, and allows Service Recipients to submit service changes, inquiries, complaints or queries, as well as other social media platforms, and other strategies. The Proposer must include specific details of the proposed Education and Outreach Program, how the program will be managed, and how effectiveness of the program will be measured on an ongoing basis. These indicators are to be incorporated into the on-going reports provided to the City, and the City reserves its right to re-direct Contractor’s efforts or require additional Contractor efforts if the Education and Outreach Program is not showing measurable and tangible results as proposed.
Education and Outreach Program responsibilities will include, but are not limited to, the following:
§ Recycling and organic waste program implementation, including conducting on-site waste audits and providing written summary reports for all Service Recipients at least once per year for the first three (3) years of the term.
Thereafter, on-site waste audits will be conducted for a minimum of fifty percent (50%) of Commercial Service Recipients, with the primary focus on those Service Recipients with the lowest program participation or diversion. The results of the waste audits and on-going AB 341, AB 1826, and SB 1383 compliance reports will be provided to the City;
§ Educate City staff and Service Recipients as appropriate, regarding Applicable Law, and other State legislation;
§ Develop and distribute public education and outreach material to Service Recipients;
§ Advise appropriate personnel (management, employees, janitors, etc.) at MFD and Commercial Service Recipients on methods and recommendations to increase recycling and decrease landfilling (i.e., how to maximize diversion and provide educational materials, posters, labels, etc.);
§ Inform and educate Service Recipients on the full range of all services being offered, including Cart and Bin exchange and cleaning, Clean-Up Day annual
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events, and Bulky Waste Collection, and availability of Kitchen Food Waste Pails/Containers;
§ Advise Service Recipients on the selection of collection services and container sizes to maximize diversion, and the potential cost control if a Service Recipient takes recommended actions to increase diversion;
§ Educate Service Recipients, especially MFD and Commercial Service Recipients, on how to participate in Recycling and Organic Waste diversion programs, and decrease or eliminate contamination; and
§ Educate and train staff and custodians on best practices for recycling, waste reduction and availability and use of in-house recycling containers.
Upon award of Integrated Waste Management Services Agreement, the Contractor will meet with key City staff on a monthly basis to review, at a minimum, program performance, current and anticipated activities, specific outreach performed to promote high participation in diversion programs, ability for Service Recipients to change service levels, awareness of and participation in Bulky Waste Collection, methods to monitor contamination, Service Recipient service messaging on diversion programs. Starting in October 2025, at the City’s option, the frequency of meetings may be reduced. The Contractor may use subcontractors to perform some or all the duties normally assigned to outreach staff. The City will approve any such subcontractors in advance. The City will approve the specific program activities associated with the Education and Outreach Program, and the selected Contractor’s Education and Outreach Plan will be included as an Exhibit to the final executed Integrated Waste Management Services Agreement.
10. COLLECTION CONTAINERS
10.1. Contractor must provide Collection Containers that are compliant with SB 1383.
Contractor must distribute new carts and newly painted bins at the start of the Agreement. Each container must be in a color distinctive to each use and all containers for the same use shall be colored the same. Each container shall be marked with an adhesive label or imprinted with its intended usage in letters and pictures. The label shall specify what materials are allowed to be placed in each container. Labels must represent acceptable versus unacceptable items in written or graphic form both in English and Spanish. The following colors shall be used for collection container lids: Garbage (black or grey); Recyclable Materials (blue); Organic Waste (green) and Manure (brown); Contractor-owned Compactor Bins (color appropriate to content as previously designated).
Contractor must provide Carts ranging in size, including 32-, 64-, and 96-gallons.
The Contractor must also provide Bins ranging in size from 1- to 6-cubic yard capacity for collection from MFD Service Recipients, Commercial Service Recipients, and City facilities, except for Organic Waste and Manure Bins which shall be provided in sizes ranging from 1- to 2-cubic yard capacity. The cost for this service is to be bundled in the Collection Service rates and not charged as a separate cost to the Service Recipient. Proposer’s Cart and Bin specifications will be included in the final Integrated Waste Management Services Agreement. The City may inspect the condition of the Carts and Bins and may require immediate replacement of Carts or Bins if they are determined by the City not to be in good working order or visually acceptable appearance.
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The City anticipates that during the term of the proposed Integrated Waste Management Services Agreement, Carts will need to be repaired and/or replaced with new Carts. Accordingly, all new Carts will have heavy duty wheels, attached hinged lids, and be designed to be resistant to inadvertent tipping due to high winds. All new or replacement Carts must be compatible with automated collection and similar to the existing Carts. The City will approve the specific colors of the Carts (blue for Recyclable Material, green for Organic Waste, and black or grey for Garbage) and Cart design (square, rectangular, tall, short). The lids and bases on all Carts must have matching colors or as approved by SB 1383. All new or replacement Carts will be manufactured with a minimum twenty percent (20%) recycled material content and come with a ten (10) year warranty against defects.
The City strongly encourages new and replacement Carts to be made of materials with a higher recycled content than twenty percent (20%), post consumer material. The City also requires that all new or replacement Carts be hot-stamped, embossed, or labeled/decaled with “Disposal Company”, a unique identification number, and images of the type of materials to be collected (i.e., Garbage, Organic Waste, Recyclable Material). All Carts shall also contain instructions for proper usage. If any of the above is accomplished via labels or decals, such labels or decals must be maintained and/or replaced as necessary throughout the term to maintain a near new appearance. The Carts shall contain all writing in English, and Spanish languages.
Throughout the term of the Integrated Waste Management Services Agreement, at no cost to Service Recipients, Contractor must replace or repair Carts or Bins if replacement or repair is due to wear from normal use, or damage caused by the Contractor. In addition, Service Recipients may request a Cart or Bin exchange for each commodity type twice during the term of the Agreement at no cost to the Service Recipient. However, if the Cart or Bin is damaged by Service Recipient, Contractor may charge for the repair or replacement. Replacement or repair of a Bin or Cart is to be done by the next regularly scheduled collection day after verbal or written notice by the City, a Service Recipient, or as observed by Contractor’s staff. At a minimum, the City will assess liquidated damages for Carts or Bins not in good working order or visually deficient, Contractor not replacing or repairing Carts or Bins as required by the Integrated Waste Management Services Agreement, Contractor not promptly removing graffiti from Carts or Bins, or for Carts or Bins not properly labeled.
11. COLLECTION VEHICLES
11.1. Upon commencement of the Integrated Waste Management Services Agreement and throughout the term of the agreement, the Contractor must provide collection vehicles that comply with federal, state, regional and local clean air and safety standards. The specific type of fuel to be used is to be proposed by the Proposers.
Proposers also must demonstrate how their collection vehicles will comply with California Air Resource Board standards. Additionally, if during the term of the Integrated Waste Management Services Agreement, new technologies are available such as hybrid or electric powered collection vehicles, the City or the Contractor may request/negotiate implementation of such new collection vehicles, with a corresponding change on Service Rates to reflect additional cost or savings.
The City is also concerned with additional wear to the City’s streets from collection
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vehicles. The City is interested in collection methods and collection vehicles that minimize wear on the City’s streets. Proposers must specify the gross operating weight of the collection vehicles, the methods to monitor, report and eliminate overweight collection vehicles from operating within the City. The City will assess liquidated damages for vehicles that exceed local, state or federal maximum loaded vehicle weights, collection vehicles not meeting the required performance standards, or leaking fuel, oil, coolant, or hydraulic fluids on the public or private streets and parking lots located within the City.
Proposers are required to provide a description of how their collection vehicles and collection methods will minimize wear on the City’s streets.
All collection vehicles will be equipped with GPS tracking devices that can be used to record start and stop times, vehicle locations, and maximum speed. All collection vehicles must meet federal, state, and local maximum noise standards, and be repainted at least once every five (5) years, or as reasonably determined by the Agreement Administrator to maintain a positive public image. In addition, vehicles that will be used on a temporary basis (during regular vehicle maintenance or repair) must meet all the Integrated Waste Management Services Agreement specifications if they are used more than forty-five (45) days per year.
Additional details on specific vehicle requirements can be found in the Draft Integrated Solid Waste Handling Agreement.
12. COLLECTION HOURS AND DAYS, AND OFFICE HOURS
12.1. SFD collection hours shall be between 7:00 a.m. and 6:00 p.m., Monday through Friday. MFD collection hours shall be between 7:00 a.m. and 6:00 p.m., Monday through Friday. Commercial and City collection hours shall be between 5:00 a.m. and 7:00 p.m., Monday through Saturday. Commercial collection adjacent to SFD/MFD/MXD shall be between 7:00 a.m. and 6:00 p.m. Monday through Friday and Saturday 8:00 a.m.- 6:00 p.m. The City may also require restricted collection hours in areas impacted by commute traffic, road repair, around schools, in areas where commercial collection is within six hundred (600) feet of residential housing, or where continued noise complaints about collection vehicles have occurred.
12.2. Office Hours shall be, at a minimum, from 8:00 a.m. to 5:00 p.m. daily on all collection days. A representative of Contractor shall be available during office hours for communication with the public at Contractor's principal office. In the event that normal business problems cannot be rectified over the telephone, a representative of Contractor shall agree to meet with the customer at a location agreeable to Contractor and the customer. Contractor shall maintain a local or tollfree telephone number during both normal office hours and after-hours, and an answering service during all hours other than normal office hours.
13. DISPOSAL AND PROCESSING FACILITIES
13.1. Proposers must submit Proposals offering disposal and processing facilities that are fully permitted and have secured adequate capacity for the City’s collected Garbage, Recyclable Material and Organic Waste for the term of the Integrated Waste Management Services Agreement. Proposers may additionally include facilities that are planned or in process of getting permitted provided they can show
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the status of the permitting process, and the expected date of operation. § The name, owner and type of the facilities to be used for disposal, transfer, Recyclable Material and Organic Waste processing and their location and distance from the center of City;
§ The name and owner of the facility(ies) to be used for vehicle and equipment parking, storage and maintenance, and their location and distance from the center of City;
§ The name and owner of the facility to be used for customer service, and its location and distance from the center of City;
§ Recovery rates for the disposal facility, Recyclable Material and the Organic Waste processing facilities, net of residual.
§ Operating limitations of the Recyclable Material Processing Facilities (i.e., contamination/residual, material types accepted, hours, etc.). Include singleuse disposable container types that will and will not be recycled as diversion; § Operating limitations of the Organic Waste Processing Facilities (i.e., contamination/residual, material types accepted, hours, etc.). Include singleuse disposable container types that will and will not be composted or otherwise processed as organic waste diversion;
§ How Recyclable Materials and Organic Waste will be marketed and sold, contingencies for changes in markets, and the average dollar/ton received for the sale of Recyclable Material and for processed organic waste (compost); § The permitted capacity of each facility where materials will be disposed of or processed, and the ability to accommodate the City’s operations over the term.
Processing facilities must have appropriate permits from all applicable regulatory entities (including but not limited to CalRecycle and the Local Enforcement Agency) in place at all times.
§ Any unbuilt/proposed processing facilities that are anticipated to be used during the term of the Integrated Waste Management Services Agreement.
This must include name, location, type of materials accepted for processing, permit status, expected start-up date. Please note that Proposer’s reliance only on future processing facilities will be grounds for disqualification. Any proposed use of future facilities must be accompanied by an alternative if future facility or capacity does not materialize as anticipated.
14. DIVERSION STANDARDS
14.1. The Contractor will be responsible for diverting from disposal at least fifty (50%) of all materials the Contractor collects from all services under the provisions of the Agreement, starting October 1, 2024, measured annually. The Proposer must also provide their methodology for assisting the City in achieving the State’s seventy-five percent (75%) diversion goal.
15. DISPLACED EMPLOYEES
15.1. The City requires that the selected Contractor offers employment to displaced employees of the prior contractor(s) (and, if applicable, subcontractors) for a period
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of not less than ninety (90) days and to comply with the requirements of sections 1072 to 1076 of the California Labor Code. Proposers shall include a declaration of intent in the cover letter of their proposal, indicating their agreement to retain the employees of the prior contractors/subcontractors for a period of not less than ninety (90) days pursuant to section 1072(a) of the California Labor Code. Any Proposer that fails to include such a declaration in the cover letter of its proposal may be considered non-responsive, and, if so, its proposal will not receive further consideration.
Prior to contract award, the City will require the selected Contractor to affirm its commitment to provide offers of employment to displaced employees, including the provision to employ displaced employees for not less than ninety (90) days.
The City will also require the selected Contractor to agree to make information about wage rates, benefits and job classifications of employees available to the City prior to subsequent procurement for solid waste collection and transportation services.
16. CUSTOMER SERVICE AND BILLING
16.1. The Contractor shall be responsible for the billing and collection of payments for all Integrated Waste Management Services. Contractor must charge Service Recipients the Service Rates approved by the City and such rates may be adjusted under the Agreement.
16.2. The Contractor shall not charge the City for the inclusion of additional educational or other materials included in the regular invoices.
16.3. The City wishes to disallow Contractor from discontinuing services to SFD Service Recipients for nonpayment.
17. SERVICE RATES
17.1. The City wishes to provide incentives for residents and businesses to actively participate in Recycling and Organic Waste programs, while not being required to over-subscribe for services. Service Rates will be based on the Garbage, Organic Waste, and Recycling container capacity, and/or the number of containers and frequency of collection. Optional Manure service should be considered as well.
Maximum Services Rates will be effective October 1, 2024 and will be adjusted beginning July 1, 2025, and each July 1 thereafter during the term of the Agreement. The CPI adjustment shall be based on 100 percent of the 12-month average change in the CPI between the base period. Therefore, the first Rate Adjustment effective July 1, 2025 will be based on the percentage changes between the 12-month average of the CPI indices from January 2023 through December 2023 and January 2024 through December 2024.
Annual Rate Cap. In any Calendar year that the calculation of the CPI exceeds three and one-half percent (3.50%), the total adjustment for that year will equal three and one-half percent (3.50%), and no rollover amount will be added to the rate adjustment percentage in the following year, or any subsequent year. If the CPI is negative, there will be no CPI adjustment to the Maximum Service Rates for that year.
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18. CONTRACTOR’S PAYMENTS TO THE CITY
The Contractor will pay to the City the following fees:
18.1. Procurement Reimbursement: The Contractor shall reimburse the City a onetime one hundred fifty thousand dollar ($150,000) fee for the cost of Integrated Solid Waste Handling Agreement solicitation, evaluation, negotiation, and award process. This one-time payment is due within thirty (30) days of the Effective Date of the Integrated Waste Management Services Agreement.
18.2. Franchise Fee: The Contractor shall pay Franchise Fee to the City. Franchise Fee will be monthly payment to City equal to a seventeen and nine-tenths percent (17.9%) of Gross Revenues collected under the terms of this Agreement. At no time shall this franchise fee be added to customer billing statements.
19. CITY IMPOSED MITIGATION FEES
19.1. The following annual fees shall be a lump sum dollar amount evenly spread out over each month of the fiscal year and will be submitted to City monthly under the terms of the Agreement. These fees will be adjusted annually on July 1 by CPI as described in Section 17.1 above:
19.1.1. AB 939 / SB 1383 Support Fee: $150,000
19.1.2. Administrative Fee: $70,000
19.1.3. Vehicle Impact Fee: $250,000
19.1.4. Edible Food Waste Recovery Fee: $50,000
20. ADJUSTMENT TO FEES
20.1. City may adjust the fees described in this Section and Article 4 of the Draft Integrated Solid Waste Handling Agreement at any time during the Term of the Integrated Waste Management Services Agreement. All changes in the total amount of fees to be collected by Contractor and remitted to the City shall be promptly reflected in an adjustment in Service Rates, such that the Contractor shall be fully compensated in its Service rates for all such fees.
21. BILLING AUDIT, FINANCIAL AUDIT, AND PERFORMANCE REVIEW
21.1. Only if requested by the City, a billing audit, financial audit, and performance review may be conducted up to two times during the initial term. The Contractor is responsible for paying for one hundred percent (100%) of the Billing Audit and Performance Reviews, not to exceed $85,000 per review.
22. RECYCLING AND COMPOST REVENUES
22.1. If Proposer receives any revenues from the sale of processed recyclables and organic waste (i.e., compost), it will be retained by the Contractor. The City believes it is appropriate for the successful Contractor to retain these revenues and directs Proposers to take these monies into account when completing their Service Rates.
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SECTION D
Response Format
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RESPONSE FORMAT
REQUEST FOR PROPOSAL
Integrated Waste Management Services
City of Norco, California
1. PREPARATION OF PROPOSALS
One (1) electronic PDF file of the proposal and one (1) Microsoft Excel file with Form K: Service Rates Cost File must be submitted via the PlanetBids System and can be accessed through the City of Norco Vendor Portal, www.norco.ca.us/bid; and one (1) hard copy of the Proposal Bond (notarized copy only) or cashiers check must be received AT CITY HALL, Attn: Chad Blais, 2870 Clark Ave, Norco, CA 92860 and marked with the words “PROPOSAL BOND FOR” and the proposal number.
Additional physical copies may be requested by the City at its discretion. All blank spaces must be filled in and noted, in blue ink or typed, with amounts extended and totaled as appropriate.
All required original signatures must be in blue ink. All corrections made by the Proposer to any part of the RFP document must be initialed in blue ink. Only one (1) proposal from any individual, firm, partnership, or corporation under the same or different names will be considered.
Proposals by corporations must be executed in the corporate name by two (2) corporate officers.
One signature must be from the chairman, president, or vice-president, and the other signature must be from the chief financial officer, assistant treasurer, secretary, or assistant secretary. The corporate address and state of incorporation must be shown below the signature.
Proposals by partnerships must be executed in the partnership name and signed by a partner.
His/her title must appear under his/her signature, and the official address of the partnership must be shown below the signature. Proposals by limited liability companies must be executed in the company’s name and signed by a managing member. No Proposer shall take exception to the specifications herein. Proposals taking exception to the specifications may be rejected as nonresponsive.
2. PROPOSAL CONTENT
To expedite the evaluation process, each proposal shall be organized in accordance with this Section as outlined in Table 4. Instructions for preparing each section of the proposal shown in the outline are given in the following subsections. Proposals that do not follow the specified format outlined below, or fail to provide the required documentation, may receive lower scores during the evaluation process. In the event of any conflict between any of the proposal documents, resolution thereof shall be in the City’s sole discretion. The Proposers shall provide the information as requested and as applicable to the proposed services. Headings and section numbering used in the proposal shall be the same as those identified in Table 4. Proposals shall include the following information in the format indicated in Table 4, on the following page.
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SECTION TABLE 4: OUTLINE FOR PROPOSAL
1 COVER LETTER
EXECUTIVE SUMMARY
PROPOSAL BOND
PERFORMANCE BOND COMMITMENT LETTER
SIGNED COPIES OF ADDENDA
TABLE OF CONTENTS
2 QUALIFICATIONS
3 STATEMENT OF FINANCIAL QUALIFICATIONS
4 TECHNICAL PROPOSAL
5 FORMS
6 SERVICE EXCEPTIONS/ALTERNATIVES
(if applicable)
7 APPENDIX
2.1. Cover Letter, Executive Summary, Proposal Bond, Performance Bond Commitment Letter, Signed Copies of Addenda, Table of Contents All proposals must be accompanied by a cover letter not exceeding the equivalent of four (4) pages and should provide as follows:
§ Name, address, telephone number, fax number, and email address of applicant’s key contact person.
§ Description of the type of organization (e.g., corporation, partnership, limited liability company, including joint venture teams and subcontractors) submitting proposals.
§ Name of the entity that will sign the Integrated Waste Management Services Agreement, in the event one is awarded.
§ Written statements warranting, certifying, and guaranteeing the following:
o Proposer has examined, understood, and agreed to the Integrated Waste Management Services Agreement.
o The requirements of the Draft Integrated Solid Waste Handling Agreement as described in this RFP document, its enclosures, and all addenda, by listing all addenda and dates received, have been thoroughly reviewed and the Proposer has conducted all due diligence necessary to confirm material facts upon which the proposal is based.
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o If the City awards the Collection Service to the Proposer, that the Proposer shall reimburse the City for the cost of this procurement, in an amount as determined by the City. This one-time payment is due within thirty (30) days after the Effective Date of the Integrated Waste Management Services Agreement.
o The Proposer will not receive any additional compensation that is not included in the Proposer’s Rate Proposal Forms (Attachment 1) for providing Integrated Waste Management Services in the City. o The validity of the proposal contents including proposed Service Rates and pricing for a period of one hundred eighty (180) days.
o The Proposer will enter into the Integrated Waste Management Services Agreement with the City if selected as the City’s Collection Service provider.
o Disposal capacity for all Garbage that pertains to this Integrated Waste Management Services Agreement.
o Recyclable Materials Processing capacity for all material that pertains to this Integrated Waste Management Services Agreement.
o Organic Waste Processing capacity for all Organic Waste that pertains to this Integrated Waste Management Services Agreement.
o No gratuities have been or will be offered or given by Proposer, or any agent or representative of the Proposer, to any officer or employee of the City or any participant in the selection of a Proposer to furnish the services described herein to secure a favorable treatment regarding the evaluation, scoring, and Integrated Waste Management Services Agreement award process.
The following items should be appended to the cover letter:
§ Executive Summary – Not to exceed six (6) pages. Must highlight the major elements of the Proposer’s qualifications and proposal, including a brief description of the Proposer’s initial transition plan and schedule, and facilities to be used. All information should be provided in a concise manner.
§ Proposal Bond;
§ Performance Bond Commitment Letter;
§ Signed Copies of Addenda acknowledging receipt or digital acknowledgement within the PlanetBids System; and
§ Table of Contents.
2.2. Qualifications
Key Staff Persons (including Proposer’s Service Supervisor and Collection Service Manager assigned to the City). Proposers must identify each person and provide resumes for key staff proposed for the service identified herein. Demonstrated experience in providing residential and commercial Integrated Waste Management Services, and knowledge of collection containers and automated collection vehicles is of key importance to the City. Additionally, Proposers must demonstrate experience and ability to work closely with the current hauler and City staff during the transition period, and on an ongoing
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basis with City staff during the duration of the Integrated Waste Management Services Agreement.
Staff Responsibilities. Proposers must provide names and resumes of principal officers, partners, or other officials or managers who will be performing substantive responsibilities required under the Integrated Waste Management Services Agreement. Proposers must describe relevant technical experience of key personnel, their background in Garbage, Recyclable Material, and Organic Waste collection/processing.
References. Proposers must provide a minimum of three (3) clients that the City may contact to conduct a reference check. The Proposer must be providing or have provided similar services as requested herein to these references within the last three (3) years.
Complete references must also be included on the Form provided in Section F.
Litigation and Notice of Violation History. For all Litigation and Notice of Violation History, Proposer may limit disclosures to the following California counties: Los Angeles, Ventura, Kern, San Bernardino, Orange, and Riverside. The Proposer must provide a history for the last five (5) years of all claim settlements, arbitrations, litigation proceedings, and civil actions involving One Hundred Thousand Dollars ($100,000) or more, any claims under One Hundred Thousand Dollars ($100,000) made by current or former employees, and all criminal actions in which the company, its parent company, subsidiaries, all partners, or principals were involved.
For each case, the Proposer must provide the following:
§ The name of the claim, arbitration, litigation or action; § The amount at issue or the criminal charges alleged; and § The resolution of the case.
The Proposer must also provide details of any current or threatened legal actions in California against the Proposer or its parent company, subsidiaries, all partners, principals, or joint venture company(ies) by a governmental entity contracting with the Proposer or its parent company for services relating to solid waste management, or against such a government entity by the Proposer or its parent company or joint venture company(ies).
For each action, the Proposer must provide the following:
§ The name of the action;
§ The court in which the action is pending;
§ The action number; and
§ The amount at issue.
The Proposer shall provide a list of all Notice of Violations and/or enforcement actions taken against it during the last five (5) years by any regulatory agency such as, but not limited to, the United States Environmental Protection Agency, Air Quality Management District, a Local Enforcement Agency under the California Integrated Waste Management Act, or Cal/OSHA. The list shall include the name of the regulatory agency and the date of the enforcement action and a copy of any Notice of Violation. The Proposer shall inform the City if it has had a permit, franchise, license, entitlements, or business licenses that
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have been revoked or suspended in the last five (5) years.
The Proposer must list any liquidated damages, administrative fines, charges, or assessments that total Fifty Thousand Dollars ($50,000) or greater in any one (1) calendar year during the last five (5) years that have been paid by the Proposer to a public agency as a result of solid waste management services provided by Proposer. The list shall include the name of the public agency, the date and amount of the liquidated damages, administrative fines, charges, or assessments, and the reason the public agency assessed the liquidated damages, administrative fines, charges, or assessments.
The Proposer must list any claims against a bid, proposal, or performance bond and the results and failure to receive a bid, proposal, or performance bond, or any contractual defaults or termination in the last fifteen (15) years.
2.3. Financial Qualifications
The Proposer must provide a written statement of its financial qualifications to perform the work described in this RFP. The statement must thoroughly describe and provide documentation of the Proposer’s ability to secure financing for all trucks, facilities, other equipment and labor required to perform all services described in this RFP, as must include the total estimated amount of expense and financing that is expected to be incurred and used in performing the work.
This statement must be accompanied by a letter from Proposer’s bank/financial institution clearly stating that the Proposer has adequate assets and/or irrevocable line of credit that is sufficient to compensate for all required payments to the City, capital costs, equipment costs, start-up costs, and a minimum of three (3) months’ operating costs.
The Proposer must provide copies of audited financial statements for the entity that is proposed to sign the Integrated Waste Management Services Agreement, for the most recent three (3) fiscal years. Audited financial statements should include: balance sheet, income statement, statement of changes, footnotes, and subsidiary schedules.
In the event that a Proposer does not have audited financial statements, three years of business tax returns, with supporting schedules, may be provided. However, tax returns are not an alternative to providing audited financial statements; if the Proposer has audited financial statements, those must be provided.
The City reserves the right to require submission by Proposer, at no cost to the City, an opinion by a Certified Public Accountant with regard to the financial status of such Proposer, including ownership of, or interest in, equipment and facilities prior to award of a Integrated Waste Management Services Agreement.
As is set forth in this RFP, the City will make reasonable efforts, but makes no representation, that it will be able to maintain total confidentiality of Proposer’s financial information. A Proposer that submits financial information that it asks to have treated as confidential should submit a statement justifying the request, reference it in the proposal and label it as a separate attachment, clearly identifying it as confidential. At all times, the City will comply with the provisions of the California Public Records Act.
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2.4. Technical Proposal
Proposers are required to provide a description of the way the requested services are to be provided. The work plans must address and include those items as specified below.
The City will place significant emphasis on Proposer’s proposed work plans during the evaluation process. At a minimum, Proposers shall include the following work plans:
Transition Plan
Proposers shall provide a detailed Transition Plan that describes the plans and schedule of events for the provision of new services. The Transition Plan will be included as part of the operations plan, which is an exhibit to the final Integrated Waste Management Services Agreement, when approved by the City. The Transition Plan must, at a minimum, address the following items:
§ In concise terms, what the Proposer will accomplish prior to the start of Integrated Waste Management Services;
§ How Service Recipients will select the size and number of Carts or Bins; § How the Proposer will retain the current franchisee’s employees; § How the Proposer will provide transition services;
§ The specific types of education and outreach activities that will occur, including specific frequencies and amounts of education and outreach, by type of activities; § How the transition will be coordinated with the current services and current hauler (switching of containers, billing system, etc.); and
§ Transition schedule and weekly timing plan to transition from the current collection system to the Proposer’s collection system, for public education and outreach on new services, and for removal and replacement of Carts and Bins.
In developing the Transition Plan, Proposers should consider that the City strongly seeks to reduce disruption to Service Recipients during the transition period.
Operations Plan
Proposers shall provide a detailed Operations Plan that presents the specific collection and processing programs that will be implemented in the City. This must address items as listed above and include:
A. VEHICLES
§ A listing of the Proposer’s collection equipment and all accessories by type, model, year of manufacture, and anticipated remaining useful life, as of the date of the inventory;
§ Describe collection equipment that will be used to service manure collection and any limitations;
§ As new collection vehicles are to be provided, delivery guarantees by manufacturers shall be included in the proposal for all new equipment to be provided to the City;
§ Vehicle fuel type, size, number of axles, gross vehicle weight, maximum load capacity, turning diameter, number of collection compartments, for all collection
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vehicles (front loader, side load, rear load, single-body, split-body collection, regular compactor, small compactor, pup trucks, etc.);
§ How Proposer’s collection vehicles will reduce air emissions, and reduce wear and tear on the City’s streets;
§ How the Proposer will use technology, such as GPS and video cameras, to track and monitor collection and identify the proposed technology brand to be used; § The appearance of the vehicles including the color and information to appear on the outside of the vehicle;
§ Vehicle maintenance program, including response/replacement/repair time for vehicles on route; and
§ The scheduled maintenance and cleaning of the vehicles.
B. CONTAINERS
§ Containers to be used;
§ Past experience of other collection programs with this type of container; § The sufficiency of the containers’ capacity based on the requirements of the Integrated Waste Management Services;
§ The suitability of containers to be used in areas that have may have limited space, or are in Bin enclosures;
§ Ease of cleaning and the appearance of the containers, including their colors and information to be imprinted on the containers; and
§ Container maintenance program, including response/replacement/repair time for containers, including prompt reporting and removal of graffiti. Turnaround time from observation or receipt of a graffiti citing report to graffiti abatement shall be 24 hours.
C. ROUTE OPERATIONS
§ The number of vehicles required for the collection programs, and the number of routes to be performed by each service line and material type collected; § The number of containers collected per hour by service line and material type collected;
§ Total number of route hours (8 or 10 hours/day, and the total hours on-route by service line and material type collected;
§ The number of vehicle passes per Service Recipient;
§ Number of crew members required per vehicle and their responsibilities; § The advantages and disadvantages of the type of vehicle chosen (particularly about noise, emissions, and the impact on the City’s roads);
§ How drivers and dispatch will communicate while on route to resolve customer service requests/complaints;
§ Methods used by drivers to monitor contamination and how this will be communicated to Service Recipients;
§ The material types each vehicle will collect; and
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§ Approach to conducting annual route audits to verify the service levels and Service Recipient billing is 100% correct.
D. FACILITIES
§ The name and owner of the facilities to be used for transfer, Recyclable Material Organic Waste, and Manure processing, corporation/maintenance yard, customer service, etc., their location and distance from the center of City; § Recovery rates for the Recyclable Material, Organic Waste, and Manure processing facilities, net of residual.
§ Operating limitations of the Recyclable Material, Organic Waste, and Manure Processing Facilities (i.e., contamination/residual, material types accepted, hours, etc.);
§ How Recyclable Materials, Organic Waste, and Manure will be marketed and sold, contingencies for changes in markets, and the average dollar/ton received for the sale of Recyclable Material; and
§ The permitted capacity of each facility and the ability to accommodate the City’s operations over the term.
E. SAFETY
§ Staffing safety requirements, including physical, drug, and alcohol testing requirements;
§ Hazardous Waste, including E-Waste and U-Waste, management protocols; and § Health and safety management procedures.
F. REPORTING
§ Detailed Applicable Law monitoring and reporting, including electronic transmission of reports to City and cloud-based reports;
§ Method used to track tonnage collected, disposed, processed, and residue disposed; and
§ Process for reporting Service Recipient complaints and dispute resolution to the City.
Customer Service Plan
Proposers shall provide a detailed Customer Service Plan that specifies the customer service operations that will be used in the City. The Customer Service Plan will be included as an exhibit to the final Integrated Waste Management Services Agreement, when approved by the City. Customer service hours should be noted.
The Customer Service Plan must include the following:
§ Protocol for receiving customer calls, issuing work orders, closing work orders, and call backs to Service Recipients;
§ Protocol for Service Recipient billing, billing changes, and billing disputes; § Whether or not a new phone system and/or new website will be included; § Staffing levels to ensure excellent customer service and limited wait times (state the number of customers per Customer Service Representative); and § Payment programs and options providing alternatives for Service Recipients to pay.
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Diversion Plan
Proposers are required to provide a description of the diversion and sustainability programs associated with providing the requested services. This may include, without limitation, the Proposer’s approach in obtaining the diversion goals specified in this RFP. Proposers must provide diversion estimates, which must not be less than the minimum diversion required in this RFP and must be tied to specific collection methods and public education programs.
Failure to provide the estimated diversion tonnages and diversion estimates will be grounds for disqualification. The Diversion Plan will be included as an exhibit to the final Integrated Waste Management Services Agreement, when approved by the City.
The Diversion Plan must, at a minimum, include the following and comply with SB1383 regulations:
§ Proposer’s approach to meeting the City’s diversion requirements and assisting the City with meeting CalRecycle’s seventy-five percent (75%) diversion goal. This must be done by specific diversion programs by program type (SFD, MFD, Commercial, Recyclable Material, Organic Waste, Manure, Bulky Waste, etc.); § Diversion facilities to be used (including name, location, owner/operator, permit status, and permitted capacity);
§ A schedule showing specific programs and tasks, milestones, and time frames for meeting the diversion requirements, as specified in this RFP; and § A table segregated by SFD, MFD, Commercial, and Additional Services that estimates tonnages for Recyclable Material, Organic Waste, and Manure delivered and processed, and the estimated residual tonnages for each calendar year of the Integrated Waste Management Services Agreement beginning with Agreement Year 2024;
§ Proposer’s approach to reducing contamination of Recyclable Materials and Organic Waste;
§ Proposer’s approach to reducing air emissions, and wear and tear on the City’s streets;
§ Environmental Stewardship (all environmental management policies and activities related to the proposed activities should be described, including the use of alternative fuel vehicles, use of recycled products throughout operations, internal waste reduction and reuse protocol, water and resource conservation activities within facilities (design, construction and operation), compliance with laws governing E-Waste, HHW, and U-Waste, and use of non-toxic products when possible); and
§ Use of local vendors.
Education and Outreach Plan
Proposers shall provide a detailed Education and Outreach Plan that specifies the methods and public education materials that will be used for program start-up, and throughout the Integrated Waste Management Services Agreement term for the City, including detailed budgets for the startup and annually thereafter. Specific attention should be given to methods to achieve high participation and diversion through Recycling and Organic Waste Collection programs, City-Supported Events, and on-going “how to” promotions. The Education and Outreach Plan will be included as an Exhibit to the final Integrated Waste Management Services Agreement, when approved by the City.
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Specifically, Proposers must address all items as discussed in Section C, 9 of this RFP, as well as the following:
§ Implementing aggressive public education programs, especially with MFD and commercial solid waste generators, to meet the City’s diversion requirements; § Methods to reduce contamination of Recyclable Material and Organic Waste; § Educating Service Recipients on the benefits of participation in Recycling, Organic Waste, and Manure Collection programs; and
§ Implementing public education and outreach programs in the City’s schools, business community, City facilities, and special events.
2.5. Forms
Proposers must provide a copy of Form A prior to attending the Mandatory Pre-Proposal Video Conference, and Forms B-K of Section F, in the order they are listed in Section F with their proposals. Proposers shall use only the forms and format provided. Any deviation from those provided may be grounds for rejection of the entire proposal.
Proposers must provide their proposed Service Rates. Proposers shall use only the forms and format provided. Any deviation from those provided may be grounds for rejection of the entire proposal. Proposed rates must include Recyclable Material, Organic Waste, and Manure programs that are fully compliant with SB 1383 regulations, and all requirements under AB 1594, AB 341, AB 1826, and any other existing Applicable Law.
2.6. Proposal Service Alternatives and Agreement Exceptions Proposers may submit alternatives to the services listed in this RFP, or exceptions to the Integrated Waste Management Services Agreement language. However, proposers must propose on all required services as included in this RFP or their proposal will be rejected as being non-responsive. If service alternatives or Integrated Waste Management Services Agreement exceptions are presented, as provided for in this section of the RFP, they must be included as an attachment to the proposal and must contain the price of the service alternatives using the forms provided in Section F and must include specific language necessary for inclusion in the Integrated Waste Management Services Agreement.
Each Integrated Waste Management Services Agreement exception must be presented by stating:
§ The specific exception, the page and line numbers of the exception; § The suggested changes to the program related to the exception; § The suggested changes in the Integrated Waste Management Services Agreement language related to the exception; and
§ The way the proposed change would benefit the City, the Service Recipients or both.
Please note that the City has no obligation to accept any proposed service alternative or Integrated Waste Management Services Agreement exception.
Proposals will be evaluated based on the required services and Agreement language as
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set forth in this RFP.
2.7. Appendix
Proposers may provide any additional technical information (i.e., only information specifically related to equipment of services to be provided) that they believe to be applicable to this proposal and include such information as an appendix. Proposers are discouraged to include marketing material, education and outreach material or other additional information not related to the equipment or services to be provided.
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SECTION E
Selection Criteria
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SELECTION CRITERIA
REQUEST FOR PROPOSAL
Integrated Waste Management Services
City of Norco, California
1. EVALUATION OF PROPOSALS
Those proposals that have passed the initial “Pass/Fail” review described below will be evaluated and scored by the Evaluation Team, which may consist of City staff members, consultants, and other evaluators at the discretion of the City Manager, based on the following evaluation criteria:
§ Qualifications
§ Technical Approach
§ Sustainability
§ Service Rates
§ Other Benefits to the City
A consensus scoring model will be used, with City Council having final approval. The results of the evaluation process will be presented to the Subcommittee with the Evaluation Team’s recommendation, and then to City Council for direction by City Council on the next steps following the evaluation and negotiation process. In determining and evaluating the best proposal, the prices will not necessarily be controlling, but quality, equality, efficiency, utility, general terms, delivery, suitability of the service offered, and the reputation of the service in general use will also be considered, with any other relevant factors.
The following subsections provide a brief discussion of each of the evaluation criteria listed above.
2. PASS/FAIL REVIEW
City Consultant and such other parties as the City deems necessary, will conduct an initial “Pass/Fail” review of all proposals submitted to check for completeness and compliance with the proposal requirements. Proposals that have been determined to be complete and in compliance with the proposal requirements will undergo further evaluation. Proposals that are not complete or are not in compliance with the submittal requirements may be disqualified from further evaluation and will be returned to the proposer.
3. EVALUATION CRITERIA
3.1. Qualifications
General Qualifications
The experience, past practices and prior performance of each proposer will be evaluated to determine the relative ability of each proposer to implement the program elements described in this RFP and to attain the City objectives for solid waste management.
Qualifications, evaluation criteria and areas of experience to be considered will include
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without limitation:
§ Qualifications and structure of project management team, relationships between management team and corporate management, and internal controls; § Previous experience, past practice and prior performance providing services to jurisdictions of similar size;
§ Successful prior operation of residential and commercial solid waste programs; § Implementation and administration of complex solid waste collection systems, including equipment selection and route design;
§ Successful operation of Recyclable Material, Organic Waste, and Manure programs that achieve high participation levels and diversion rates; § Cost-effective processing and marketing of Recyclable Material, Organic Waste, and Manure with demonstrated success in attaining highest and best uses for such materials (if applicable);
§ Demonstrated expertise in implementing and maintaining customer service programs, including the development and use of performance measures and benchmarking;
§ Previous experience, past practice and prior performance in successfully designing and implementing transition plans, relevant to this RFP; § Experience in designing, implementing, and operating public education and information programs that promote high participation and diversion; § Demonstrated expertise in designing and using data management systems to assure accurate data collection, analysis and reporting; § References whom the City may contact regarding past practices and prior performance; and
§ Litigation history.
Financial Qualifications
Each proposal will be also evaluated to assess the relative financial capacity and strength of the proposer. This will include without limitation:
§ An evaluation of financial statements;
§ A financial review of each proposer, including a review of key financial indicators, outstanding debt and debt coverage ratios, ability to finance capital purchases and needed start-up investments in equipment; and
§ Proposer’s capacity and plans for responding to fluctuations in the value of recyclable material markets.
3.2. Technical Approach
The purpose of the technical review is to evaluate how the Proposer can meet the proposed performance specifications and criteria on a long-term basis, as well as transition. The technical evaluation will include without limitation:
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§ Proposer’s overall collection approach (automated collection, split-body collection vehicles, diversion facilities to be used, types of containers to be used, etc.); § Proposer’s approach to transition that minimizes disruption to the community and Proposer’s implementation schedule;
§ Review of the Proposer’s processing facility(ies) for Recyclable Material, Organic Waste, and Manure. Proposers will be disqualified for offering a processing facility(ies) that is not fully permitted and/or is not capable of handling the volume and types of materials generated by the City during the term of the Integrated Waste Management Services Agreement, taking into consideration any existing obligations on the part of the facility(ies). Processing facilities must have appropriate permits from all applicable regulatory entities (including, but not limited to, CalRecycle and the Local Enforcement Agency) in place at all times; § The location of proposed disposal and processing facilities, and effect of material transportation distances on greenhouse gas (GHG) emissions; § Proposer’s approach to providing a high quality and customized customer service program;
§ Proposer’s data management system for tracking customer service data, and providing accurate reports to the City;
§ Commitment to employee and public safety; and
§ Proposer’s approach to provide City with annual updates on new innovations to consider.
3.3. Sustainability
Diversion Programs
Each proposal will be evaluated based on their approach to providing innovative, high quality and effective processing and marketing of Recyclable Material (and Organic Waste and Manure if appropriate), reducing greenhouse gas emissions, meeting or exceeding diversion requirements, and Proposer’s internal sustainability practices.
Education and Outreach Program
Each proposal will be evaluated based on the Proposer’s approach to provide effective and innovate strategies to delivering Education and Outreach materials to all Service Recipients that will results in higher awareness of and participation in all required services, promote achievement of diversion requirements, and reduce contamination of collected Organic Waste and Recyclable Materials.
3.4. Service Rates
The Service Rate evaluation is intended to provide an equitable basis for comparison between proposals and an evaluation of the effect of programs on Service Rates. Only Service Rate information as submitted by Proposers will be used in this evaluation. The proposals will be reviewed to verify that the proposed Service Rates are consistent with the activities described in the proposal and the Proposer’s work plans, and as part of the evaluation the City may require that Proposers provide detailed assumptions made in developing their Service Rates. Proposed Service Rates, including rates for optional
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services, will be compared by services. Note, however, that Service Rates for alternatives as provided for in Section will not be included as part of the Service Recipient Rate evaluation.
Please note the following:
§ Throughout the term of the Integrated Waste Management Services Agreement, the selected Contractor may not charge for any service not explicitly included in the final Service Rates;
§ Throughout the term of the Integrated Waste Management Services Agreement, the selected Contractor will not receive any revenue that is not based on approved services as allowable to bill using the schedule of Service Rates; and § Throughout the term of the Integrated Waste Management Services Agreement, the only adjustment to Service Rates will be as provided for via annual rate adjustments or detailed rate reviews (methodology provided in the Draft Integrated Solid Waste Handling Agreement).
3.5. Other Benefits to the City
The Evaluation team shall also consider other benefits to the City as described in the Proposal. These benefits could include additional community clean-ups, other waste reduction efforts, community benefit financial contributions, and any other additional services or positive impacts that may not have been included in the RFP.
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SECTION F
Forms
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PROPOSAL FORMS
REQUEST FOR PROPOSAL
Integrated Waste Management Services
City of Norco, California
Proposers that attended the Mandatory Pre-Proposal Video Conference must submit their original signed Form A as part of their proposal. Additionally, Proposers must complete and submit Forms B - K on the following pages as part of their proposal. Failure to complete and submit the required forms may result in disqualification from this RFP process.
Form A: COMMUNICATION PROTOCOL
Form B: PROPOSER’S STATEMENT OF ORGANIZATION
Form C: CERTIFICATION OF NON-GRATUITIES
Form D: CONTAINER SPECIFICATIONS
Form E: VEHICLE SPECIFICATIONS
Form F: NON-COLLUSION AFFIDAVIT OF PROPOSER
Form G: SERVICE RECIPIENT RATE PROPOSAL SUMMARY AND SIGNATURE Form H: PASS/FAIL REQUIREMENTS
Form I: NOTICE TO PROPOSERS REGARDING CONTRACTUAL REQUIREMENTS Form J: REFERENCES
Form K: SERVICE RATES
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Form A
COMMUNICATION PROTOCOL
The City of Norco commits to a procurement process for Integrated Waste Management Services to be open, objective, and carefully monitored. The following rules will be adhered to and enforced.
Until the Norco City Council awards the Integrated Waste Management Services Agreement, all contact between participants, participant’s sub-contractors, participant’s subconsultants, participant’s affiliates, participants lobbyists, legal or political advisors, or any individual or entity that may be assisting the participant in preparing a response to this RFP, or providing work to the participant should participant be selected, and the City of Norco, shall be in writing by email to:
City of Norco
Chad Blais
Email: [email protected]
All communications between the City of Norco and a participant, along with the related responses, will be transmitted simultaneously to all participants that have signed into and attended the MANDATORY pre-proposal video conference and will be included as part of the evaluation record.
Any participant who fails to recognize or use this process of communication will be notified of its violation and may be subject to disqualification from the selection process at the sole discretion of the City of Norco.
Any contact or attempt to contact or directly interact with any elected or appointed official for the purpose of obtaining information or influencing the RFP Process, including the selection process, Form A must be disclosed and will be grounds for determination of non-compliance and disqualification from the selection process.
All participants must acknowledge and sign this statement as part of the RFP process. All participants must provide a signed version of this statement electronically three (3) days prior to the MANDATORY pre-proposal video conference. Participants that do not provide this signed statement will be disqualified from this procurement process.
On behalf of my company/agency, I understand and accept the rules established in this statement.
Company Name:
(Print or Type)
Representative: Title:
(Print or Type)
Primary Representative Phone Number:
Primary Representative Email:
Signature: Date:
(Sign in Ink)
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Form B
PROPOSER’S STATEMENT OF ORGANIZATION
1. Full Name of Business Concern (Proposer):
Principal Business Address:
2. Principal Contact Person(s):
Name:
Phone Number:
3. Form of Business Concern:
Corporation Partnership Joint Venture LLC Other
4. Provide names of partners or offices as appropriate and indicate if the individual has the authority to sign in name of Proposer. Provide proof of the ability of the individuals so named to legally Bind the Proposer.
Name, Title Address
Name, Title Address
If a corporation, in what state incorporated:
Date Incorporated:
Month Day Year
5. If a Joint Venture, LLC, or Partnership, date of Agreement:
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Form B
PROPOSER’S STATEMENT OF ORGANIZATION
6. List all subcontractors participating in this Integrated Waste Management Services Agreement:
Name Address
a) ___________________________ _____________________________________________ b) ___________________________ _____________________________________________ c) ___________________________ _____________________________________________ d) ___________________________ _____________________________________________
7. Outline specific areas of responsibility for each firm listed in Question 6 above. Please include total hours or percentage of time subcontractor will spend on the project. a)
___________________________________________________________________________ b)
___________________________________________________________________________ c)
___________________________________________________________________________ d)
___________________________________________________________________________
8. Identify the provisions of any agreement between parties which assigns legal or financial liabilities or responsibilities:
___________________________________________________________________________
9. If responding firm(s) are a partially or fully-owned subsidiary of another firm, or share common ownership with another firm, please identify the firms and relationships. ___________________________________________________________________________
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Form C
CERTIFICATION OF NON-GRATUITIES
TO: THE CITY OF NORCO
CERTIFICATION
This is a written certification, signed under penalty of perjury, stating that no persons acting on behalf of _____________________ has paid, or offered or attempted to pay, any elected or appointed official, officer or employee of the City any compensation or consideration, in any form whatsoever, in connection with obtaining or entering into this Integrated Waste Management Services Agreement .
Name Title
Signature Date
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Form D.1
CART SPECIFICATIONS
(Complete 1 form for each service offered)
1. Select services provided: 2. Will the container be new or used? Garbage New
Recyclable Material Used
Organic Waste (Yard Trimmings only)
Organic Waste (Yard Trimmings and Food
Waste)
Manure only
Food Waste only
3. Manufacturer: ____________________________________
4. Material of Construction: ____________________________________
5. Recycled Content (percentage): ____________________________________
6. Manufacturing Method (rotational molding, injection molding, other):
____________________________________
Container Size 32-gal 64-gal 96-gal 1.5 yd 2 yd 3 yd 4 yd 6 yd
7. Color
8. Durability (in service years)
9. Cost of Each Container
10. Dimensions of Each
Container (Length x Width x
Height)
11. Wheel Size
12. Manufacturer’s warranty
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Form D.2
BIN SPECIFICATIONS
(Complete 1 form for each service offered/ indicate new or used)
1. Select services provided: 2. Will the container be new or used? Garbage New
Recyclable Material Used
Organic Waste (Yard Trimmings only)
Organic Waste (Yard Trimmings and Food
Waste)
Manure only
Food Waste only
3. Manufacturer: ____________________________________
4. Material of Construction: ____________________________________
5. Recycled Content (percentage): ____________________________________
6. Manufacturing Method (rotational molding, injection molding, other):
____________________________________
Container Size 32-gal 64-gal 96-gal 1.5 yd 2 yd 3 yd 4 yd 6 yd
7. Color
8. Durability (in service years)
9. Cost of Each Container
10. Dimensions of Each
Container (Length x Width x
Height)
11. Wheel Size
12. Manufacturer’s warranty
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Form D.3
ROLL OFF CONTAINER SPECIFICATIONS
(Complete 1 form for each service offered/ indicate new or used)
1. Select services provided: 2. Will the container be new or used? Garbage New
Recyclable Material Used
Organic Waste (Yard Trimmings only)
Organic Waste (Yard Trimmings and Food
Waste)
Manure only
Food Waste only
3. Manufacturer: ____________________________________
4. Material of Construction: ____________________________________
5. Recycled Content (percentage): ____________________________________
6. Manufacturing Method (rotational molding, injection molding, other):
____________________________________
Container Size 10 yd 20 yd 30 yd 40 yd
7. Color
8. Durability (in service years)
9. Cost of Each Container
10. Dimensions of Each
Container (Length x Width x
Height)
11. Wheel Size
12. Manufacturer’s warranty
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Form E
VEHICLE SPECIFICATIONS
(Complete 1 form for each vehicle of service provided/indicate new or used)
1. Select Service:
Garbage Recyclable Material Organic Waste Other: ______________ New or Refurbished
2. Manufacturer and Model
a. Cab and Chassis _____________________________
b. Body _____________________________
c. Engine _____________________________
d. Transmission _____________________________
3. Cab and Chassis:
a. Cab Height _____________________________
b. Number of Axles _____________________________
c. Overall Length with Body Mounted _____________________________
4. Body:
a. Type of Body _____________________________
b. Rated Capacity _____________________________
c. Practical or Net Capacity _____________________________ d. No. of Collection Compartments ____________
e. Net Capacity of Each Compartment ___________ cubic yards f. Overall Body Length ___________ inches
g. Body Height ___________ inches
h. Body Width ___________ inches
i. Loading Height Above Ground ____________ Minimum
(inches)
____________ Maximum
(inches)
5. Weight ____________ GVW (lbs.) ____________ Tare (lbs.)
6. Will the vehicles be owned, leased, or
other?
7. Purchase/lease cost of each vehicle $ _____________
8. Fuel type ____________
9. Fuel usage ___________
_ mpg
10. Average fuel per fill ___________ gal/fill
11. Average fills per day ___________ fills/day
12. Average fills per week (M-F) ___________ fills/week
13. Emissions rating
a. CO ___________ g/bhp/hr.
b. HC (total hydrocarbons) ___________ g/bhp/hr.
c. NOx ___________ g/bhp/hr.
d. Particulate Matter ___________ g/bhp/hr.
14. Safety Features
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Form E
VEHICLE SPECIFICATIONS
(Complete 1 form for each vehicle of service provided/indicate new or used)
15. Color
16. GPS Monitoring and Tracking Features
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Form F
NON-COLLUSION AFFIDAVIT OF PROPOSER and
DISCLOSURE OF NON-COMPETE AGREEMENTS
State of _________________County of _________________, being duly sworn, deposes and says that:
1. S/he is _________________ of ________________, the Proposer that has submitted the attached proposal;
2. S/he is fully informed respecting the preparation and contents of the attached proposal and of all pertinent circumstances respecting such proposal;
3. Such proposal is genuine and is not a collusive or sham proposal;
4. Neither said Proposer nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, connived, or agreed, directly or indirectly, with any other Proposer, firm or person to submit a collusive or sham proposal in connection with the Integrated Waste Management Services Agreement for which the attached proposal has been submitted or to refrain from proposing in connection with such Integrated Waste Management Services Agreement , or has in any manner, directly or indirectly, sought by agreement or collision or communication or conference with any other Proposer, firm, or person to fix the price or prices in the attached RFP, or of any other Proposer, or to fix any overhead, profit or cost component of the proposal or the response of any other Proposer, or to secure through any collusion, connivance, or unlawful agreement any advantage against the City of Norco, CA or any person interested in the proposed Integrated Waste Management Services Agreement ; and
5. The rate proposal in the attached RFP is fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Proposer or any of its agents, representatives, owners, employees, or parties in interest, including this affiant.
6. Proposer must list the name of any and all other solid waste service providers and/or affiliates that it has a “non-compete” agreement with that prohibits the other solid waste services provider from proposing on services as requested in this RFP. Failure to disclose this information will result in immediate disqualification from this RFP process.
Signed Title
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Form G
SERVICE RECIPIENT RATE PROPOSAL
SUMMARY AND SIGNATURE
In preparing the Rate Proposal Forms Proposers should be aware of the following:
All collection service rates proposed on these forms for City of Norco shall be fixed through June 30, 2025 and should reflect service requirements as specified in the Integrated Waste Management Services Agreement .
The Undersigned hereby certifies as follows:
That _________________ have personally and carefully examined the specifications and instructions for the work to be done as set forth in Sections A - F of this RFP and the Draft Integrated Solid Waste Handling Agreement (Attachment 2).
That _________________ have made examination of the services as applicable to the proposal, and fully understand the character of the work to be done.
That _________________agrees to pay the City the Reimbursement for the Cost of the Procurement Process within 30 days of award of the Integrated Waste Management Services Agreement .
That, having made the necessary examination, the undersigned hereby proposes to furnish all materials, vehicles, plant, equipment and facilities, and to perform all labor and services which may be required to do said work with the time fixed and upon the terms and conditions provided in the Integrated Waste Management Services Agreement , at the service rates set forth on the Rate Proposal Forms set forth below:
PROPOSER:
President/Partner/Owner/Managing Member
Secretary
Firm Name
Individual: Partnership: Joint Venture: LLC:
Corporation: , A Corporation (State of Incorporation)
Signature Instructions:
If business is a CORPORATION, name of the corporation should be listed in full and both President and Secretary must sign the form, OR if one signature is permitted by corporation by-laws, a copy of the by-laws shall be furnished to the City as part of the proposal.
If business is a PARTNERSHIP, the full name of each partner should be listed followed by d/b/a (doing business as) and firm or trade name; any one partner may sign the form.
If the business is a LIMITED LIABILITY COMPANY, the Managing Member must sign the form.
If the business is INDIVIDUAL PROPRIETORSHIP, the name of the owner should appear followed by d/b/a and name of the company.
If business is a JOINT VENTURE, the full name of each joint venturer should be listed in full and each joint venturer must sign the form, OR if one signature is permitted by the joint venture agreement or by-laws, a copy of the agreement or by-laws shall be furnished to the City as part of the proposal.
Signature: ______________________________________ Date: _________________
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Form H
PASS/FAIL REQUIREMENTS
PROPOSER NAME:
(name of the entity that will sign the Integrated Waste Management Services Agreement in the event one is awarded)
Key Contact Information
Name:
Title:
Address:
Telephone Number:
Email:
The Undersigned hereby certifies as follows (initial next to each statement):
______ The Proposer has attended the MANDATORY pre-proposal video conference held on September 21, 2023 at 2:00 p.m. PT.
______ The Proposer has provided all required items in Section 1 of their Proposal, including Cover Letter, Executive Summary, Proposal Bond, Performance Bond Commitment Letter, and Signed Copies of Addenda. ______ The Proposer certifies that Proposer has agreed to meet the specifications and instructions for the services to be done as set forth in Sections A - F of this RFP. ______ The Proposer certifies that Proposer has agreed to meet the specifications and requirements as set forth in the Draft Integrated Solid Waste Handling Agreement (Attachment 2). ______ The Proposer certifies that Proposer has made an examination of the services as applicable to the proposal, and fully understands the character of the work to be done. ______ The Proposer warrants that the requirements of the Draft Integrated Solid Waste Handling Agreement as described in this RFP, its enclosures, and all addenda have been thoroughly reviewed and the Proposer has conducted all due diligence necessary to confirm material facts upon which the proposal is based. ______ The Proposer certifies that all proposed transfer and processing facilities are fully permitted and capable of handling the City of Norco’s Solid Waste during the term of the Integrated Waste Management Services Agreement . Processing facilities must have appropriate permits from all applicable regulatory entities (including but not limited to CalRecycle and the Local Enforcement Agency) in place at all times.
______ The Proposer agrees to pay one hundred percent (100%) of the cost of each of the two (2) Performance Reviews, during the initial term of the Agreement. This amount will be escalated annually by the same percentage increase of percentage change in the “Consumer Price Index” (CPI) used to adjust customer rates. Adjusted cost shall be rounded to the nearest cent. ______ The Proposer agrees to submit a Performance Bond or Letter of Credit in the amount of one million dollars ($1,000,000) effective October 1, 2024. ______ The Proposer agrees to reimburse the City for the solicitation, evaluation, and award of this procurement process, in an amount set by the City. This one-time payment is due and payable to the City within thirty (30) days after the Effective Date of the Integrated Waste Management Services Agreement . ______ The Proposer acknowledges the validity of the proposal contents, including proposed Service Rates and pricing for a period of one hundred eighty (180) days from the proposal due date.
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Form H
PASS/FAIL REQUIREMENTS
Having made the necessary examination, the undersigned hereby proposes to furnish all materials, vehicles, plans, equipment and facilities, and to perform all labor and services which may be required to do said work within the time fixed and upon the terms and conditions provided in the Integrated Waste Management Services Agreement (Attachment 2), at the service rates set forth on Form K (Attachment 1):
PROPOSER: __________________________________
President/Partner/Owner/Managing Member __________________________________ Secretary __________________________________
Firm Name __________________________________
Individual: Partnership: Joint Venture: LLC:
Corporation: , A Corporation (State of Incorporation)
Signature: ______________________________________ Date: _________________ Signature Instructions:
If business is a CORPORATION, name of the corporation should be listed in full and both President and Secretary must sign the form, OR if one signature is permitted by corporation by-laws, a copy of the by-laws shall be furnished to the City as part of the proposal.
If business is a PARTNERSHIP, the full name of each partner should be listed followed by d/b/a (doing business as) and firm or trade name; any one partner may sign the form.
If the business is INDIVIDUAL PROPRIETORSHIP, the name of the owner should appear followed by d/b/a and name of the company.
If the business is a LIMITED LIABILITY COMPANY, the Managing Member must sign the form.
If business is a JOINT VENTURE, the full name of each joint venturer should be listed in full and each joint venturer must sign the form, OR if one signature is permitted by the joint venture agreement or by-laws, a copy of the agreement or by-laws shall be furnished to the City as part of the proposal.
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FORM I: NOTICE TO PROPOSERS REGARDING CONTRACTUAL REQUIREMENTS
REQUEST FOR PROPOSAL
Integrated Waste Management Services
City of Norco, California
1. SUMMARY OF CONTRACT REQUIREMENTS
a. A contract is required for any service performed on behalf of the City. Work cannot begin until the contract has been fully executed by both parties.
2. SUMMARY OF INSURANCE REQUIREMENTS
a. These are the Insurance Requirements for Contractors providing services or supplies to the City. By agreeing to perform the work or submitting a proposal, you verify that you comply with and agree to be bound by these requirements. When Contract documents are executed, the actual Contract language and Insurance Requirements may include additional provisions as deemed appropriate by City’s Risk Manager.
b. You should check with your Insurance advisors to verify compliance and determine if additional coverage or limits may be needed to adequately insure your obligations under this agreement. These are the minimum required and do not in any way represent or imply that such coverage is sufficient to adequately cover the Contractor’s liability under this agreement. The full coverage and limits afforded under Contractor’s policies of Insurance shall be available to Buyer and these Insurance Requirements shall not in any way act to reduce coverage that is broader or includes higher limits than those required. The Insurance obligations under this agreement shall be: 1 - all the Insurance coverage and limits carried by or available to the Contractor; or 2 - the minimum Insurance requirements shown in this agreement, whichever is greater. Any insurance proceeds in excess of the specified minimum limits and coverage required, which are applicable to a given loss, shall be available to City.
c. Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. City reserves the right to require full-certified copies of all Insurance coverage and endorsements.
3. INSURANCE
a. General Insurance Requirements
i. All insurance shall be primary insurance and shall name City of Norco as an additional insured. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under the policy if not named as an additional insured, and an additional insured shall not be held liable for any premium or expense of any nature on the policy or any extension thereof solely because they are an additional insured thereon.
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ii. If the operation under this Agreement results in an increased or decreased risk in the opinion of the City’s Risk Manager, then Contractor agrees that the minimum limits hereinabove designated shall be changed accordingly upon written request by the Risk Manager.
iii. Contractor agrees that provisions of this Section as to maintenance of insurance shall not be construed as limiting in any way the extent to which Contractor may be held responsible for the payment of damages to persons or property resulting from Contractor’s activities, the activities of its subcontractor, or the activities of any person or persons for which Contractor is otherwise responsible.
iv. A Certificate of Insurance, and an additional insured endorsement (for general and automobile liability), evidencing the above insurance coverage with a company acceptable to the City’s Risk Manager shall be submitted to City prior to execution of this Agreement on behalf of the City. v. The terms of the insurance policy or policies issued to provide the above insurance coverage shall provide that said insurance may not be amended or canceled by the carrier, for nonpayment of premiums otherwise, without 30 days prior written notice of amendment or cancellation to City. In the event the said insurance is canceled, Contractor shall, prior to the cancellation date, submit new evidence of insurance in the amounts heretofore established.
vi. All required insurance must be in effect prior to awarding this Agreement, and it or a successor policy must be in effect for the duration of this Agreement. Maintenance of proper insurance coverage is a material requirement of this Agreement, and the failure to maintain and renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract. If Contractor, at any time during the term of this Agreement, should fail to secure or maintain any insurance required under this Agreement, City shall be permitted to obtain such insurance in Contractor’s name at Contractor’s sole cost and expense, or may terminate this Agreement for material breach.
vii. Without limiting any other Contractor obligation regarding insurance, should Contractor’s insurance required by this Agreement be cancelled at any point prior to expiration of the policy, Contractor must notify City within 24 hours of receipt of notice of cancellation. Furthermore, Contractor must obtain replacement coverage that meets all contractual requirements within 10 days of the prior insurer’s issuance of notice of cancellation.
Contractor must ensure that there is no lapse in coverage. b. General Liability and Property Damage Insurance
i. Contractor agrees to procure and maintain general liability and property damage insurance at its sole expense to protect against loss from liability imposed by law for damages on account of bodily injury, including death therefrom, and property damage, suffered or alleged to be suffered by any
City of Norco | Proposal Page 66 of 69
person or persons whomsoever, resulting directly from any act or activities of Contractor, its subcontractors, or any person acting for Contractor or under its control or direction, and also to protect against loss from liability imposed by law for damages to any property of any person caused directly or indirectly by or from acts or activities of Contractor, or its subcontractors, or any person acting for Contractor, or under its control or direction. Such public liability and property damage insurance shall also provide for and protect City against incurring any legal cost in defending claims for alleged loss. Such general liability and property damage insurance shall be maintained in the following minimum limits: A combined single-limit policy with coverage limits in the amount of $1,000,000 per occurrence will be considered equivalent to the required minimum limits.
c. Automotive Insurance
i. Contractor shall procure and maintain public liability and property damage insurance coverage for automotive equipment with coverage limits of not less than $1,000,000 combined single limit. If Contractor does not use automobiles in performing its work under this Agreement, Contractor shall provide a waiver releasing City from all liability resulting from Contractor’s use of personal vehicles under this Agreement.
d. Worker’s Compensation Insurance
i. Contractor shall procure and maintain Worker’s Compensation Insurance in the amount of $1,000,000 per occurrence or as will fully comply with the laws of the State of California and which shall indemnify, insure, and provide legal defense for both Contractor and City against any loss, claim, or damage arising from any injuries or occupational diseases happening to any worker employed by Contractor in the course of carrying out this Agreement.
ii. Waiver of Subrogation: The insurer(s) agree to waive all rights of subrogation against City, its elected or appointed officers, officials, agents, volunteers and employees for losses paid under the terms of the workers compensation policy which arise from work performed by Contractor for City.
Questions and requests for modification of these terms must be negotiated and approved prior to bid closing and are at the full discretion of the City.
I have read and understand the above requirements and agree to be bound by them for any work performed for the City.
Authorized Signature: ______________________________ Date: ___________________ Printed Name: ____________________________________
City of Norco | Proposal Page 67 of 69
FORM J: REFERENCES
REQUEST FOR PROPOSAL
Integrated Waste Management Services
City of Norco, California
The following are the names, addresses, and telephone numbers of three public agencies for which Proposer has performed work of a similar scope and size within the past 3 years. If the instructions on this form conflict with the references requested in the scope of work, the scope of work shall govern. Complete this form out accordingly. Fill out this form completely and upload it with your proposal.
1. Name and Address of Owner / Agency
Name, email and Telephone Number of Person Familiar with Project Contract Amount Type of Work Date Completed
2. Name, email and Address of Owner / Agency
Name and Telephone Number of Person Familiar with Project Contract Amount Type of Work Date Completed
3. _____________________________________________________________________________ Name, email and Address of Owner / Agency
Name and Telephone Number of Person Familiar with Project Contract Amount Type of Work Date Completed
The following are the names, addresses, and telephone numbers of all brokers and sureties from whom Proposer intends to procure insurance bonds:
City of Norco | Proposal Page 68 of 69
Form K
SERVICE RATE PROPOSAL - INSTRUCTIONS
Form K is provided in an Excel workbook. Form K shall be submitted in Excel format either on a USB drive or electronically on PlanetBids. In completing your hard copy of the Customer Rate Forms, use this Excel Workbook. Include rates for Manure Services under each line of business.
Designated
Tab Instruction
Tab A Please include all proposed Maximum Service Rates for services available to SFD Service Recipients.
SFD 2024
Rates For any of the requested SFD cart sizes or services that the Proposer does not offer, please fill in as "N/A".
If the Proposer has additional SFD container size options or services that are not included in the requested services, please add them into the "Other" section with the corresponding rates.
Tab B Please include all proposed Maximum Service Rates for service levels and items available to MFD Service Recipients.
MFD 2024
Rates For any of the requested MFD collection container sizes or collection frequencies that the Proposer does not offer, please fill in as "N/A".
If the Proposer has additional MFD container size, frequency, or service options that are not included in the requested services, please add them into the "Other" section with the corresponding rates.
NOTE:
All Multi-Family Dwelling Trash Rates include the equivalent of one 96-Gallon recycling cart and one 64-Gallon Organic Waste cart. Any increased or additional collection service request for Recycling/Organic Waste/Green Waste/Food Waste will be offset by the included bundled cost of Recycling/Organic Waste/Green Waste/Food Waste.
For Example:
a.) The cost for a 96-Gallon Recycling Cart is $60 for once-a-week collection. This cost is already included with the bundled trash rate.
b.)
Should the Service Recipient increase the collection frequency to twice a week collection, the cost for recycling collection is NOT $120, it is $60 for the increased collection.
c.)
The unbundled rate may be $120 for twice a week collection, however that rate is being offset by the already included once a week collection rate, which results in a twice a week collection rate at $60.
City of Norco | Proposal Page 69 of 69
Tab C Please include all proposed Maximum Service Rates for service levels and items available to Commercial Service Recipients.
Commercial
2024 Rates For any of the requested Commercial collection container sizes or collection frequencies that the Proposer does not offer, please fill in as "N/A".
If the Proposer has additional Commercial collection container size, frequency, or service options that are not included in the requested service levels, please add them into the "Other" section with the corresponding rates.
NOTE:
All Commercial Trash Rates include the equivalent of one 96-Gallon recycling cart and one 64-Gallon Organic Waste cart per Commercial service unit. Any increased or additional collection service request for Recycling/Organic Waste/Green Waste/Food Waste will be offset by the included bundled cost of Recycling/Organic Waste/Green Waste/Food Waste.
For Example:
a.) The cost for a 96-Gallon Recycling Cart is $60 for once-a-week collection. This cost is already included with the bundled trash rate.
b.)
Should the Service Recipient increase the collection frequency to twice a week collection, the cost for recycling collection is NOT $120, it is $60 for the increased collection.
c.)
The unbundled rate may be $120 for twice a week collection, however that rate is being offset by the already included once a week collection rate, which results in a twice a week collection rate at $60.
Tab D Please include all proposed Maximum Service Rates for Additional Service Items. (Street Sweeping Services, Lock charges, Special Pick-Up Charges, etc.) Additional
2024 Rates For any of the supplied Additional Service Items that the Proposer does not offer, please fill in as "N/A"; however, Proposers please note that the City is requiring all proposers to include proposed rates for Street Sweeping Services.
If the Proposer has Additional Service Item options that are not included in the supplied service levels, please add them into the "Other" section with the corresponding rates.
Tab E Please provide the basis of your startup capital expenses (What are the anticipated startup capital costs for proposed trucks and containers by line of business?).
Capital Start
Cost
Tab F
Additionally, please provide the proposed changes in proposed Maximum Service Rates associated with each Proposal Service Alternative or Agreement Exception.
Proposal
Service
Alternatives
and
Agreement
Exceptions
Attachment 1
Instructions
Designated Tab
Tab A
SFD 2023 Rates
Tab B
MFD 2023 Rates
a.) The cost for a 96-Gallon Recycling Cart is $60 for once-a-week collection. This cost is already included with the bundled trash rate.
b.) Should the Service Recipient increase the collection frequency to twice a week collection, the cost for recycling collection is NOT $120, it is $60 for the increased collection.
c.) The unbundled rate may be $120 for twice a week collection, however that rate is being offset by the already included once a week collection rate, which results in a twice a week collection rate at $60.
Tab C
Commercial
2023 Rates
a.) The cost for a 96-Gallon Recycling Cart is $60 for once-a-week collection. This cost is already included with the bundled trash rate.
b.) Should the Service Recipient increase the collection frequency to twice a week collection, the cost for recycling collection is NOT $120, it is $60 for the increased collection.
c.) The unbundled rate may be $120 for twice a week collection, however that rate is being offset by the already included once a week collection rate, which results in a twice a week collection rate at $60.
Tab D
Additional 2023
Rates
Tab E
Capital Start
Cost
Tab F
Proposal
Service
Alternatives and
Agreement
Exceptions
Please include all proposed Maximum Service Rates for Additional Service Items. (Mnaure Collection, Street Sweeping Services, Lock charges, Special Pick-Up Charges, etc.)
For any of the supplied Additional Service Items that the Proposer does not offer, please fill in as "N/A"; however, Proposers please note that the City is requiring all proposers to include proposed rates for Street Sweeping Services as an option for the City to consider.
If the Proposer has Additional Service Item options that are not included in the supplied service levels, please add them into the "Other" section with the corresponding rates.
Please provide the basis of your startup capital expenses (What are the anticipated startup capital costs for proposed trucks and containers by line of business?).
Please include all proposed Maximum Service Rates for service levels and items available to Commercial Service Recipients.
For any of the requested Commercial collection container sizes or collection frequencies that the Proposer does not offer, please fill in as "N/A".
If the Proposer has additional Commercial collection container size, frequency, or service options that are not included in the requested service levels, please add them into the "Other" section with the corresponding rates.
All Commercial Trash Rates include the equivalent of one 96-Gallon recycling cart and one 64-Gallon Organic Waste cart per Commercial service unit. Any increased or additional collection service request for Recycling/Organic Waste/Green Waste/Food Waste will be offset by the included bundled cost of Recycling/Organic Waste/Green Waste/Food Waste.
For Example:
Please include all proposed Maximum Service Rates for services available to SFD Service Recipients.
Additionally, please provide the proposed changes in proposed Maximum Service Rates associated with each Proposal Service Alternative or Agreement Exception.
Form K
SERVICE RATE PROPOSAL - INSTRUCTIONS
Form K is provided in an Excel workbook. Form K shall be submitted in Excel format either on a USB drive or electronically on PlanetBids. In completing your hard copy of the Customer Rate Forms, use this Excel Workbook. Include rates for Manure Services under each line of business.The first table represents the Proposer's proposed service rates for a 10-year contract term. The second table represents the Proposer's proposed service rates for a 15-year contract term. The third table represents the Proposer's proposed service rates for a 20-year contract term.
Instruction
NOTE:
For any of the requested SFD cart sizes or services that the Proposer does not offer, please fill in as "N/A".
If the Proposer has additional SFD container size options or services that are not included in the requested services, please add them into the "Other" section with the corresponding rates.
Please include all proposed Maximum Service Rates for service levels and items available to MFD Service Recipients.
For any of the requested MFD collection container sizes or collection frequencies that the Proposer does not offer, please fill in as "N/A".
If the Proposer has additional MFD container size, frequency, or service options that are not included in the requested services, please add them into the "Other" section with the corresponding rates.
NOTE:
All Multi-Family Dwelling Trash Rates include the equivalent of one 96-Gallon recycling cart and one 64-Gallon Organic Waste cart. Any increased or additional collection service request for Recycling/Organic Waste/Green Waste/Food Waste will be offset by the included bundled cost of Recycling/Organic Waste/Green Waste/Food Waste.
For Example:
Attachment 1
TAB A SFD Rates
Proposer's Name:
Service Descriptions Billing Frequency 32-Gallon
Service Rate
64-gallon
Service Rate
96-gallon
Service Rate
Standard Single-Family Automated Cart Service
(Trash, Recycling, Organic Waste) per month
Senior / Low-Income Cart Service
(Trash, Recycling, Organic Waste) per month
Additional Trash Cart each cart
Additional Recycling Cart each cart
Additional Organic Waste Cart each cart
Restart of Service (Auto-Resume Fee) per occurrence
Cart Delivery per occurrence
Cart Removal per occurrence
Cart Exchange per occurrence
Residential Cart Replacement Fee per occurrence
(Insert additional service or containers) per month
(Insert additional service or containers) per month
(Insert additional service or containers) per month
(Insert additional service or containers) per month
Form K, Tab A: Single-Family Dwelling Maximum Service Rates Rate Schedule Effective 10/1/2024 (10-Year Term)
Attachment 1
TAB A SFD Rates
Proposer's Name:
Service Descriptions Billing Frequency 32-Gallon
Service Rate
64-gallon
Service Rate
96-gallon
Service Rate
Standard Single-Family Automated Cart Service
(Trash, Recycling, Organic Waste) per month
Senior / Low-Income Cart Service
(Trash, Recycling, Organic Waste) per month
Additional Trash Cart each cart
Additional Recycling Cart each cart
Additional Organic Waste Cart each cart
Restart of Service (Auto-Resume Fee) per occurrence
Cart Delivery per occurrence
Cart Removal per occurrence
Cart Exchange per occurrence
Residential Cart Replacement Fee per occurrence
(Insert additional service or containers) per month
(Insert additional service or containers) per month
(Insert additional service or containers) per month
(Insert additional service or containers) per month
Form K, Tab A: Single-Family Dwelling Maximum Service Rates Rate Schedule Effective 10/1/2024 (15-Year Term)
Attachment 1
TAB A SFD Rates
Proposer's Name:
Service Descriptions Billing Frequency 32-Gallon
Service Rate
64-gallon
Service Rate
96-gallon
Service Rate
Standard Single-Family Automated Cart Service
(Trash, Recycling, Organic Waste) per month
Senior / Low-Income Cart Service
(Trash, Recycling, Organic Waste) per month
Additional Trash Cart each cart
Additional Recycling Cart each cart
Additional Organic Waste Cart each cart
Restart of Service (Auto-Resume Fee) per occurrence
Cart Delivery per occurrence
Cart Removal per occurrence
Cart Exchange per occurrence
Residential Cart Replacement Fee per occurrence
(Insert additional service or containers) per month
(Insert additional service or containers) per month
(Insert additional service or containers) per month
(Insert additional service or containers) per month
Form K, Tab A: Single-Family Dwelling Maximum Service Rates Rate Schedule Effective 10/1/2024 (20-Year Term)
Attachment 1
TAB B MFD Rates
Proposer's Name:
1/week 2/week 3/week 4/week 5/week 6/week
64-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
96-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
1 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
2 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
3 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
4 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
6 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
64-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
96-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
1 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
2 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
3 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
4 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
6 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
64-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
96-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
1 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
2 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
64-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
96-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
1 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
2 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
3 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
4 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
6 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
64-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
96-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
1 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
2 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
(insert additional service or containers w/frequency) Per Occurrence $0.00 (insert additional service or containers w/frequency) Per Occurrence $0.00 (insert additional service or containers w/frequency) Per Occurrence $0.00 Form K, Tab B: Multi-Family Dwelling Maximum Service Rates Rate Schedule Effective 10/1/2024 (10-Year Term)
Multi-Family Trash (Note: Trash rate includes bundled rates that include 96-Gallon Recycling and 64-Gallon Organic Waste) Service Descriptions
Collection Frequency
Multi-family Dwelling Recycling
Multi-family Dwelling Organic Waste (Green Waste and Food Waste) Multi-Family Dwelling Other / Additional Services
Multi-family Dwelling Yard Waste Only (if applicable)
Multi-family Dwelling Food Waste Only (if applicable)
Attachment 1
TAB B MFD Rates
Proposer's Name:
1/week 2/week 3/week 4/week 5/week 6/week
64-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
96-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
1 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
2 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
3 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
4 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
6 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
64-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
96-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
1 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
2 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
3 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
4 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
6 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
64-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
96-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
1 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
2 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
64-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
96-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
1 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
2 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
3 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
4 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
6 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
64-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
96-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
1 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
2 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
(insert additional service or containers w/frequency) Per Occurrence $0.00 (insert additional service or containers w/frequency) Per Occurrence $0.00 (insert additional service or containers w/frequency) Per Occurrence $0.00 Form K, Tab B: Multi-Family Dwelling Maximum Service Rates Rate Schedule Effective 10/1/2024 (15-Year Term)
Multi-Family Trash (Note: Trash rate includes bundled rates that include 96-Gallon Recycling and 64-Gallon Organic Waste) Service Descriptions
Collection Frequency
Multi-family Dwelling Recycling
Multi-family Dwelling Organic Waste (Green Waste and Food Waste) Multi-Family Dwelling Other / Additional Services
Multi-family Dwelling Yard Waste Only (if applicable)
Multi-family Dwelling Food Waste Only (if applicable)
Attachment 1
TAB B MFD Rates
Proposer's Name:
1/week 2/week 3/week 4/week 5/week 6/week
64-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
96-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
1 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
2 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
3 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
4 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
6 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
64-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
96-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
1 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
2 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
3 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
4 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
6 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
64-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
96-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
1 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
2 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
64-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
96-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
1 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
2 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
3 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
4 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
6 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
64-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
96-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
1 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
2 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
(insert additional service or containers w/frequency) Per Occurrence $0.00 (insert additional service or containers w/frequency) Per Occurrence $0.00 (insert additional service or containers w/frequency) Per Occurrence $0.00 Form K, Tab B: Multi-Family Dwelling Maximum Service Rates Collection Frequency
Rate Schedule Effective 10/1/2024 (20-Year Term)
Multi-Family Trash (Note: Trash rate includes bundled rates that include 96-Gallon Recycling and 64-Gallon Organic Waste) Service Descriptions
Multi-family Dwelling Recycling
Multi-family Dwelling Organic Waste (Green Waste and Food Waste) Multi-Family Dwelling Other / Additional Services
Multi-family Dwelling Yard Waste Only (if applicable)
Multi-family Dwelling Food Waste Only (if applicable)
Attachment 1
TAB C Commercial Rates
Proposer's Name:
1/week 2/week 3/week 4/week 5/week 6/week
64-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
96-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
1 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
2 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
3 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
4 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
6 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
64-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
96-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
1 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
2 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
3 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
4 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
6 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
64-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
96-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
1 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
2 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
64-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
96-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
1 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
2 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
3 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
4 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
6 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
64-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
96-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
1 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
2 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
64-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
96-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
1 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
2 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
3 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
4 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
6 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
(insert additional service or containers w/frequency) Per Occurrence $0.00 (insert additional service or containers w/frequency) Per Occurrence $0.00 (insert additional service or containers w/frequency) Per Occurrence $0.00 Commercial Other / Additional Services
Commercial Trash for Organic Waste Exempt Customers (Note: Proposed bundled rates include 96-Gallon Recycling and no Organic Waste) Commercial Recycling
Commercial Organic Waste (Green Waste and Food Waste)
Commercial Yard Waste Only (if applicable)
Commercial Food Waste Only (if applicable)
Form K, Tab C: Commercial Maximum Service Rates
Rate Schedule Effective 10/1/2024 (10-Year Term)
Commercial Trash (Note: Trash rate includes bundled rates that include 1x/week collection of 96-Gallon Recycling and 64-Gallon Organic Waste) Service Descriptions
Collection Frequency
Attachment 1
TAB C Commercial Rates
Proposer's Name:
1/week 2/week 3/week 4/week 5/week 6/week
64-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
96-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
1 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
2 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
3 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
4 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
6 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
64-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
96-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
1 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
2 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
3 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
4 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
6 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
64-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
96-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
1 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
2 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
64-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
96-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
1 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
2 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
3 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
4 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
6 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
64-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
96-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
1 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
2 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
64-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
96-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
1 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
2 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
3 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
4 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
6 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
(insert additional service or containers w/frequency) Per Occurrence $0.00 (insert additional service or containers w/frequency) Per Occurrence $0.00 (insert additional service or containers w/frequency) Per Occurrence $0.00 Commercial Yard Waste Only (if applicable)
Commercial Food Waste Only (if applicable)
Form K, Tab C: Commercial Maximum Service Rates
Rate Schedule Effective 10/1/2024 (15-Year Term)
Commercial Trash (Note: Trash rate includes bundled rates that include 1x/week collection of 96-Gallon Recycling and 64-Gallon Organic Waste) Service Descriptions
Collection Frequency
Commercial Other / Additional Services
Commercial Trash for Organic Waste Exempt Customers (Note: Proposed bundled rates include 96-Gallon Recycling and no Organic Waste) Commercial Recycling
Commercial Organic Waste (Green Waste and Food Waste)
Attachment 1
TAB C Commercial Rates
Proposer's Name:
1/week 2/week 3/week 4/week 5/week 6/week
64-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
96-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
1 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
2 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
3 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
4 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
6 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
64-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
96-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
1 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
2 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
3 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
4 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
6 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
64-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
96-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
1 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
2 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
64-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
96-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
1 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
2 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
3 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
4 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
6 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
64-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
96-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
1 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
2 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
64-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
96-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
1 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
2 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
3 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
4 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
6 CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
(insert additional service or containers w/frequency) Per Occurrence $0.00 (insert additional service or containers w/frequency) Per Occurrence $0.00 (insert additional service or containers w/frequency) Per Occurrence $0.00 Form K, Tab C: Commercial Maximum Service Rates
Rate Schedule Effective 10/1/2024 (20-Year Term)
Commercial Trash (Note: Trash rate includes bundled rates that include 1x/week collection of 96-Gallon Recycling and 64-Gallon Organic Waste) Service Descriptions
Collection Frequency
Commercial Trash for Organic Waste Exempt Customers (Note: Proposed bundled rates include 96-Gallon Recycling and no Organic Waste) Commercial Recycling
Commercial Organic Waste (Green Waste and Food Waste)
Commercial Yard Waste Only (if applicable)
Commercial Food Waste Only (if applicable)
Commercial Other / Additional Services
Attachment 1
Revised Form K
TAB D Additional Rates
Proposer's Name:
1/week 2/week 3/week 4/week 5/week 6/week
Manure Collection 64-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Manure Collection 96-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Manure Collection 2CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Push Rate - 25 feet $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Push Rate - 50 feet $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Push Rate - 75 feet $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Push Rate - 100 feet $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Service Descriptions Frequency Proposed Rate Per Year $0.00 Stinger / Scout Service fee Per Occurrence $0.00 Per Year $0.00 Locking Bin, Lock on Gate monthly $0.00 Per Year $0.00
Trip Charge/Dry Run Per Occurrence $0.00 Per Mile $0.00 Restart of Service (auto resume fee) Per Occurrence $0.00 Setup Fee Per Occurrence $0.00 Per Occurrence $0.00
Delivery Charge Per Occurrence $0.00 Per Occurrence $0.00 Delivery Charge Commercial Carts Per Occurrence $0.00 Per Occurrence $0.00 Removal Per Occurrence $0.00
Exchange Fee Per Occurrence $0.00
Recycling Contamination Fee Per Occurrence $0.00 Per Pull $0.00 Overage Fee Per Occurrence $0.00 Per Pull $0.00
Commercial Manure Collection (64 gallon Cart) weekly $0.00 Per Pull $0.00 Commercial Manure Collection (2 CY Bin) weekly $0.00 Per Pull $0.00 Emergency Services (Section 20.01) Per Occurrence $0.00 (insert additional service w/frequency) Per Occurrence $0.00 (insert additional service w/frequency) Per Occurrence $0.00 (insert additional service w/frequency) Per Occurrence $0.00 10 Cubic Yard Container per pull
20 Cubic Yard Container per pull
30 Cubic Yard Container per pull
40 Cubic Yard Container per pull
Rate Schedule Effective 10/1/2024 (10-Year Term)
Curb Mile Rate
(insert additional service w/frequency)
(insert additional service w/frequency)
(insert additional service w/frequency)
Roll-off Pull Rates
(Roll-off Containers billed on a per pull plus process or disposal rate) Service Descriptions
Collection Frequency
Form K, Tab D: Additional Services Maximum Service Rates Other Services
Push Rate (Monthly)
Street Sweeping Other / Additional Services
Street Sweeping Services
Proposed Hours
Proposed Miles
Annual Cost Proposal
Attachment 1
Revised Form K
TAB D Additional Rates
Proposer's Name:
1/week 2/week 3/week 4/week 5/week 6/week
Manure Collection 64-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Manure Collection 96-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Manure Collection 2CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Push Rate - 25 feet $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Push Rate - 50 feet $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Push Rate - 75 feet $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Push Rate - 100 feet $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Service Descriptions Frequency Proposed Rate Per Year $0.00 Stinger / Scout Service fee Per Occurrence $0.00 Per Year $0.00 Locking Bin, Lock on Gate monthly $0.00 Per Year $0.00
Trip Charge/Dry Run Per Occurrence $0.00 Per Mile $0.00 Restart of Service (auto resume fee) Per Occurrence $0.00 Setup Fee Per Occurrence $0.00 Per Occurrence $0.00
Delivery Charge Per Occurrence $0.00 Per Occurrence $0.00 Delivery Charge Commercial Carts Per Occurrence $0.00 Per Occurrence $0.00 Removal Per Occurrence $0.00
Exchange Fee Per Occurrence $0.00
Recycling Contamination Fee Per Occurrence $0.00 Per Pull $0.00 Overage Fee Per Occurrence $0.00 Per Pull $0.00
Commercial Manure Collection (64 gallon Cart) weekly $0.00 Per Pull $0.00 Commercial Manure Collection (2 CY Bin) weekly $0.00 Per Pull $0.00 Emergency Services (Section 20.01) Per Occurrence $0.00 (insert additional service w/frequency) Per Occurrence $0.00 (insert additional service w/frequency) Per Occurrence $0.00 (insert additional service w/frequency) Per Occurrence $0.00 40 Cubic Yard Container per pull
(insert additional service w/frequency)
Roll-off Pull Rates
(Roll-off Containers billed on a per pull plus process or disposal rate) 10 Cubic Yard Container per pull
20 Cubic Yard Container per pull
30 Cubic Yard Container per pull
Annual Cost Proposal
Curb Mile Rate
Street Sweeping Other / Additional Services
(insert additional service w/frequency)
(insert additional service w/frequency)
Push Rate (Monthly)
Other Services Street Sweeping Services
Proposed Hours
Proposed Miles
Form K, Tab D: Additional Services Maximum Service Rates Rate Schedule Effective 10/1/2024 (15-Year Term)
Service Descriptions
Collection Frequency
Attachment 1
Revised Form K
TAB D Additional Rates
Proposer's Name:
1/week 2/week 3/week 4/week 5/week 6/week
Manure Collection 64-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Manure Collection 96-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Manure Collection 2CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Push Rate - 25 feet $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Push Rate - 50 feet $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Push Rate - 75 feet $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Push Rate - 100 feet $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Service Descriptions Frequency Proposed Rate Per Year $0.00 Stinger / Scout Service fee Per Occurrence $0.00 Per Year $0.00 Locking Bin, Lock on Gate monthly $0.00 Per Year $0.00
Trip Charge/Dry Run Per Occurrence $0.00 Per Mile $0.00 Restart of Service (auto resume fee) Per Occurrence $0.00 Setup Fee Per Occurrence $0.00 Per Occurrence $0.00
Delivery Charge Per Occurrence $0.00 Per Occurrence $0.00 Delivery Charge Commercial Carts Per Occurrence $0.00 Per Occurrence $0.00 Removal Per Occurrence $0.00
Exchange Fee Per Occurrence $0.00
Recycling Contamination Fee Per Occurrence $0.00 Per Pull $0.00 Overage Fee Per Occurrence $0.00 Per Pull $0.00
Commercial Manure Collection (64 gallon Cart) weekly $0.00 Per Pull $0.00 Commercial Manure Collection (2 CY Bin) weekly $0.00 Per Pull $0.00 Emergency Services (Section 20.01) Per Occurrence $0.00 (insert additional service w/frequency) Per Occurrence $0.00 (insert additional service w/frequency) Per Occurrence $0.00 (insert additional service w/frequency) Per Occurrence $0.00 40 Cubic Yard Container per pull
(insert additional service w/frequency)
Roll-off Pull Rates
(Roll-off Containers billed on a per pull plus process or disposal rate) 10 Cubic Yard Container per pull
20 Cubic Yard Container per pull
30 Cubic Yard Container per pull
Form K, Tab D: Additional Services Maximum Service Rates Rate Schedule Effective 10/1/2024 (20-Year Term)
Service Descriptions
Collection Frequency
Push Rate (Monthly)
Other Services Street Sweeping Services
Proposed Hours
Proposed Miles
Annual Cost Proposal
Curb Mile Rate
Street Sweeping Other / Additional Services
(insert additional service w/frequency)
(insert additional service w/frequency)
Attachment 1
Revised Form K
TAB E Start up capital costs
Proposer's Name:
Number Each Price/Unit Number Each Price/Unit Number Each Price/Unit Front End Loader - $0.00 - $0.00 - $0.00
Automated Side Loader - $0.00 - $0.00 - $0.00
Roll-off Truck - $0.00 - $0.00 - $0.00
Scout Truck - $0.00 - $0.00 - $0.00
Other (Describe): - $0.00 - $0.00 - $0.00
32-Gallon Cart - $0.00 - $0.00 - $0.00
64-Gallon Cart - $0.00 - $0.00 - $0.00
96-Gallon Cart - $0.00 - $0.00 - $0.00
1 CY Bin - $0.00 - $0.00 - $0.00
1.5 CY Bin - $0.00 - $0.00 - $0.00
2 CY Bin - $0.00 - $0.00 - $0.00
3 CY Bin - $0.00 - $0.00 - $0.00
4 CY Bin - $0.00 - $0.00 - $0.00
6 CY Bin - $0.00 - $0.00 - $0.00
10 CY Roll-Off - $0.00 - $0.00 - $0.00
20 CY Roll-Off - $0.00 - $0.00 - $0.00
30 CY Roll-Off - $0.00 - $0.00 - $0.00
40 CY Roll-Off - $0.00 - $0.00 - $0.00
Number Each Price/Unit Number Each Price/Unit Number Each Price/Unit Other (Describe): - $0.00 - $0.00 - $0.00
Other (Describe): - $0.00 - $0.00 - $0.00
Total Anticipated Startup Capital Costs - $0.00 - $0.00 - $0.00 Form K, Tab E: Start Up Capital Costs
Startup Capital Expenses
Capital Expense Description
Residential Commercial Roll Off
Other Capital Expenses
Residential Commercial Roll Off
Expense Description
Attachment 1
TAB F Service Alternatives
Proposer's Name:
Service Alternative Description Frequency Proposed Rate (insert additional service) Each Occurrence $0.00
(insert additional service) Each Occurrence $0.00
(insert additional service) Each Occurrence $0.00
(insert additional service) Each Occurrence $0.00
(insert additional service) Each Occurrence $0.00
(insert additional service) Each Occurrence $0.00
(insert additional service) Each Occurrence $0.00
(insert additional service) Each Occurrence $0.00
(insert additional service) Each Occurrence $0.00
(insert additional service) Each Occurrence $0.00
Agreement Exception Description Frequency Proposed Rate (insert exception and how the proposed Maximum Service Rates would be affected) Each Occurrence $0.00 (insert exception and how the proposed Maximum Service Rates would be affected) Each Occurrence $0.00 (insert exception and how the proposed Maximum Service Rates would be affected) Each Occurrence $0.00 (insert exception and how the proposed Maximum Service Rates would be affected) Each Occurrence $0.00 (insert exception and how the proposed Maximum Service Rates would be affected) Each Occurrence $0.00 (insert exception and how the proposed Maximum Service Rates would be affected) Each Occurrence $0.00 (insert exception and how the proposed Maximum Service Rates would be affected) Each Occurrence $0.00 (insert exception and how the proposed Maximum Service Rates would be affected) Each Occurrence $0.00 (insert exception and how the proposed Maximum Service Rates would be affected) Each Occurrence $0.00 (insert exception and how the proposed Maximum Service Rates would be affected) Each Occurrence $0.00 Form K, Tab F: Proposal Service Alternatives and Agreement Exceptions Rate Schedule Effective 10/1/2024 (10-Year Term)
Service Alternatives
Agreement Exceptions
Attachment 1
TAB F Service Alternatives
Proposer's Name:
Service Alternative Description Frequency Proposed Rate (insert additional service) Each Occurrence $0.00
(insert additional service) Each Occurrence $0.00
(insert additional service) Each Occurrence $0.00
(insert additional service) Each Occurrence $0.00
(insert additional service) Each Occurrence $0.00
(insert additional service) Each Occurrence $0.00
(insert additional service) Each Occurrence $0.00
(insert additional service) Each Occurrence $0.00
(insert additional service) Each Occurrence $0.00
(insert additional service) Each Occurrence $0.00
Agreement Exception Description Frequency Proposed Rate (insert exception and how the proposed Maximum Service Rates would be affected) Each Occurrence $0.00 (insert exception and how the proposed Maximum Service Rates would be affected) Each Occurrence $0.00 (insert exception and how the proposed Maximum Service Rates would be affected) Each Occurrence $0.00 (insert exception and how the proposed Maximum Service Rates would be affected) Each Occurrence $0.00 (insert exception and how the proposed Maximum Service Rates would be affected) Each Occurrence $0.00 (insert exception and how the proposed Maximum Service Rates would be affected) Each Occurrence $0.00 (insert exception and how the proposed Maximum Service Rates would be affected) Each Occurrence $0.00 (insert exception and how the proposed Maximum Service Rates would be affected) Each Occurrence $0.00 (insert exception and how the proposed Maximum Service Rates would be affected) Each Occurrence $0.00 (insert exception and how the proposed Maximum Service Rates would be affected) Each Occurrence $0.00 Form K, Tab F: Proposal Service Alternatives and Agreement Exceptions Rate Schedule Effective 10/1/2024 (15-Year Term)
Service Alternatives
Agreement Exceptions
Attachment 1
TAB F Service Alternatives
Proposer's Name:
Service Alternative Description Frequency Proposed Rate (insert additional service) Each Occurrence $0.00
(insert additional service) Each Occurrence $0.00
(insert additional service) Each Occurrence $0.00
(insert additional service) Each Occurrence $0.00
(insert additional service) Each Occurrence $0.00
(insert additional service) Each Occurrence $0.00
(insert additional service) Each Occurrence $0.00
(insert additional service) Each Occurrence $0.00
(insert additional service) Each Occurrence $0.00
(insert additional service) Each Occurrence $0.00
Agreement Exception Description Frequency Proposed Rate (insert exception and how the proposed Maximum Service Rates would be affected) Each Occurrence $0.00 (insert exception and how the proposed Maximum Service Rates would be affected) Each Occurrence $0.00 (insert exception and how the proposed Maximum Service Rates would be affected) Each Occurrence $0.00 (insert exception and how the proposed Maximum Service Rates would be affected) Each Occurrence $0.00 (insert exception and how the proposed Maximum Service Rates would be affected) Each Occurrence $0.00 (insert exception and how the proposed Maximum Service Rates would be affected) Each Occurrence $0.00 (insert exception and how the proposed Maximum Service Rates would be affected) Each Occurrence $0.00 (insert exception and how the proposed Maximum Service Rates would be affected) Each Occurrence $0.00 (insert exception and how the proposed Maximum Service Rates would be affected) Each Occurrence $0.00 (insert exception and how the proposed Maximum Service Rates would be affected) Each Occurrence $0.00 Form K, Tab F: Proposal Service Alternatives and Agreement Exceptions Rate Schedule Effective 10/1/2024 (20-Year Term)
Service Alternatives
Agreement Exceptions
DRAFT 8/31/23
1 ATTACHMENT 2
2 DRAFT AGREEMENT
3 FOR THE PROVISION OF
4 5 INTEGRATED WASTE MANAGEMENT SERVICES
6 7 Executed Between the
8 City of Norco and __________.
9 10 This 1st day of October 2024
11 12 The City may elect to include some services included in this draft agreement. Those services are 13 highlighted in grey.
14
DRAFT AGREEMENT.V1 Page 2 of 142
DRAFT 8/31/23
15 TABLE OF CONTENTS
16 Integrated Waste Management Services Agreement
17 Table of Contents
18 Article 1. Definitions................................................................................................................... 5 19 Article 2. Term of Agreement .................................................................................................. 19 20 Article 3. Conditions Governing Services Provided by Contractor.......................................... 19 21 Article 4. Franchise Fees and Payments................................................................................. 21 22 Article 5. General Requirements ............................................................................................. 23 23 Article 6. Collection Service Rates .......................................................................................... 29 24 Article 7. Collection Service Billing.......................................................................................... 35 25 Article 8. Diversion Requirements........................................................................................... 36 26 Article 9. Service Unit Types ................................................................................................... 39 27 Article 10. Residential Service................................................................................................. 40 28 Article 11. MFD Service........................................................................................................... 46 29 Article 12. Commercial Service ............................................................................................... 53 30 Article 13. Mixed Use Dwelling Service (MXD) ....................................................................... 60 31 Article 14. Manure Services .................................................................................................... 60 32 Article 15. City Services .......................................................................................................... 64 33 Article 16. Additional Services................................................................................................. 65 34 Article 17. Collection Routes ................................................................................................... 65 35 Article 18. Minimum Performance Standards.......................................................................... 66 36 Article 19. Collection Equipment ............................................................................................. 69 37 Article 20. Contractor’s Office.................................................................................................. 72 38 Article 21. Contractor Support Services .................................................................................. 73 39 Article 22. Emergency Service ................................................................................................ 78 40 Article 23. Record Keeping and Reporting Requirements....................................................... 79 41 Article 24. Nondiscrimination................................................................................................... 85 42 Article 25. Service Inquiries and Complaints........................................................................... 85 43 Article 26. Quality of Performance of Contractor..................................................................... 86 44 Article 27. Performance Bond ................................................................................................. 88 45 Article 28. Insurance................................................................................................................ 88 46 Article 29. Hold Harmless and Indemnification........................................................................ 93 47 Article 30. Default of Agreement ............................................................................................. 96 48 Article 31. Modifications to the Agreement.............................................................................. 98 49 Article 32. Legal Representation ............................................................................................. 99 50 Article 33. Conflict of Interest .................................................................................................. 99 51 Article 34. Contractor's Personnel......................................................................................... 100 52 Article 35. Exempt Waste...................................................................................................... 101 53 Article 36. Independent Contractor........................................................................................ 101 54 Article 37. Laws to Govern .................................................................................................... 102 55 Article 38. Consent to Jurisdiction......................................................................................... 102
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56 Article 39. Assignment........................................................................................................... 102 57 Article 40. Compliance with Laws.......................................................................................... 103 58 Article 41. Permits and Licenses........................................................................................... 103 59 Article 42. Ownership of Written Materials ............................................................................ 103 60 Article 43. Waiver .................................................................................................................. 103 61 Article 44. Prohibition Against Gifts....................................................................................... 104 62 Article 45. Point of Contact.................................................................................................... 104 63 Article 46. Notices ................................................................................................................. 104 64 Article 47. Transition to Next Contractor ............................................................................... 104 65 Article 48. Contractor’s Records............................................................................................ 105 66 Article 49. Entire Agreement ................................................................................................. 106 67 Article 50. Severability........................................................................................................... 106 68 Article 51. Right to Require Performance.............................................................................. 106 69 Article 52. All Prior Agreements Superseded........................................................................ 106 70 Article 53. Headings .............................................................................................................. 106 71 Article 54. Exhibits................................................................................................................. 107 72 Article 55. Attorney’s Fees .................................................................................................... 107 73 Article 56. Effective Date....................................................................................................... 107 74 Exhibit 1 City Approved Service Rates ................................................................................ 109 75 Exhibit 2 Additional Services................................................................................................ 110 76 Exhibit 3 List of City Properties and Current Service Levels................................................ 111 77 Exhibit 4 Collection Container Specifications....................................................................... 115 78 Exhibit 5 Transition Plan ...................................................................................................... 118 79 Exhibit 6 Administrative Charges and Penalties .................................................................. 121 80 Exhibit 7 Customer Service Plan.......................................................................................... 124 81 Exhibit 8 Collection Service Operations Plan....................................................................... 125 82 Exhibit 9 City-Approved Processing and Disposal Facilities................................................ 129 83 Exhibit 10 Sustainability and Compliance Plan.................................................................... 130 84 Exhibit 11 Outreach and Education Plan ............................................................................. 134 85 Exhibit 12 Acceptable Recyclable Materials ........................................................................ 135 86 Exhibit 13 Street Sweeping Services ................................................................................... 136 87
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88 This Integrated Solid Waste Handling Service Agreement (“Agreement”) is hereby entered into by 89 and between the City of Norco, a general law city existing under the laws of the State of California (“City”) 90 and [NAME OF CONTRACTOR] a California [LEGAL CAPACITY] (“Contractor”) as of ______, 2024 under 91 the terms and conditions set forth herein.
92 93 RECITALS
94 95 The Legislature of the State of California, by enactment of the California Integrated Waste 96 Management Act of 1989 (the “Act”) and subsequent additions and amendments (codified at California 97 Public Resources Code Section 40000 et seq.), has declared that it is in the public interest to authorize and 98 require local agencies to make adequate provisions for garbage collection within their jurisdiction. 99 The State of California has found and declared that the amount of garbage generated in California, 100 coupled with diminishing landfill space and potential adverse environmental impacts from landfilling and the 101 need to conserve natural resources, have created an urgent need for State and local agencies to enact and 102 implement an aggressive integrated waste management program. The State has, through enactment of the 103 Act, directed the responsible State agency, and all local agencies, to promote disposal site diversion and 104 to maximize the use of feasible garbage reduction, re-use, recycling, and composting options to reduce the 105 amount of garbage that must be disposed of in disposal sites. 106 Pursuant to its Municipal Code and California Public Resources Code Section 40059(a) as may be 107 amended from time to time, City has determined that the public health, safety, and well-being require that 108 an exclusive right be awarded to a qualified contractor to provide for the collection of garbage, recyclable 109 materials, and organic waste materials, except for collection of materials excluded in City’s Municipal Code, 110 and other services related to meeting the Act’s 50 percent diversion goal and other requirements of the Act. 111 City further declares its intent to regulate and set the maximum rates Contractor may charge Service 112 Recipients for the collection, transportation, processing, recycling, composting, and/or disposal of garbage, 113 recyclable materials, and organic waste materials.
114 The City Council has determined that Contractor, by demonstrated experience, reputation, and 115 capacity, is qualified to provide for the collection of garbage, recyclable materials, and organic waste 116 materials within the corporate limits of City, the transportation of such material to appropriate places for 117 processing, recycling, composting and/or disposal; and City Council desires that Contractor be engaged to 118 perform such services on the basis set forth in this Agreement; and, Contractor has represented that it has 119 the ability and capacity to provide for the collection of garbage, recyclable materials, and organic waste 120 materials within the corporate limits of City; the transportation of such material to appropriate places for 121 processing, recycling, composting and/or disposal; and the processing of materials. 122 By Resolution No. ___, the City Council of City duly approved this Agreement, together with the 123 Franchise Fee, Contractor payments to City, and other City-imposed fees provided for in the Agreement 124 (collectively “City Imposed Fees”), and found and determined that such City Imposed Fees were both 125 necessary and reasonably reflect, or are less than, the actual costs City that will incur in the administration 126 of the contracted services, compliance with mandatory state laws and regulations related to the contracted 127 services, and to mitigate the impacts contracted services will have on City streets. 128
129 OPERATIVE PROVISIONS
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130 Now, therefore, in consideration of the mutual covenants, agreements and consideration contained 131 in this Agreement, City and Contractor agree as follows:
132
133 Article 1. Definitions
134 For the purpose of this Agreement, the definitions contained in this Article apply unless otherwise 135 specifically stated. When not inconsistent with the context, words used in the present tense include the 136 future, words in the plural include the singular, and words in the singular include the plural. Use of the 137 masculine gender includes the feminine gender. The meaning of terms or words not defined in this Article 138 will be as defined in the Integrated Waste Management Act, or if not defined therein, then as commonly 139 understood in the Integrated Waste Management Services industry when the common understanding is 140 uncertain.
141 1.01 AB 341. “AB 341” means State of California Assembly Bill No. 341 approved October 5, 142 2011. AB 341 requires businesses, defined to include commercial or public entities that generate more than 143 4 cubic yards of commercial solid waste per week or multifamily residential dwellings of 5 units or more, to 144 arrange for recycling services and requires jurisdictions to implement a commercial solid waste recycling 145 program.
146 1.02 AB 827. “AB 827” means State of California Assembly Bill No. 827 approved October 02, 147 2019. AB 827 requires businesses that are mandated to recycle under AB 341 (“MCR”) and/or mandated to 148 recycle organics under AB 1826 (“MOR”) or SB 1383 and that provide customers access to the business, to 149 provide customers with a recycling bin and/or organics collection bin for those waste streams that is visible, 150 easily accessible, and adjacent to each bin or container for trash. 151 1.03 AB 939. “AB 939” or “The Act” means “The California Integrated Waste Management Act 152 of 1989” codified in part in Public Resources Code §§ 40000 et seq, and such regulations adopted by. 153 California Department of Resources Recycling and Recovery (CalRecycle) for implementation of the Act, or 154 its successor agency, including but not limited to, the Jobs and Recycling Act of 2011 (AB 341), SB 1016 155 (Chapter 343, Statues of 2008 [Wiggins, SB 1016]), the Mandatory Commercial Organics Recycling 156 Resources Code § 40000 and following as it may be amended and as implemented by the regulations of 157 CalRecycle.
158 1.04 AB 1594. “AB 1594” means State of California Assembly Bill No. 1594 approved 159 September 28, 2014. AB 1594 provides that as of January 1, 2020, the use of green material as Alternative 160 Daily Cover does not constitute diversion through recycling and would be considered disposal. 161 1.05 AB 1669. “AB 1669” means State of California Assembly Bill No. 1669 approved 162 September 30, 2016 which amends California Labor Code Sections 1070 through 1076 with respect to the 163 hiring of displaced employees under service contracts for the collection and transportation of solid waste. 164 1.06 AB 1826. “AB 1826” means State of California Assembly Bill No. 1826 approved 165 September 28, 2014. AB 1826 requires each jurisdiction, on and after January 1, 2016, to implement an 166 organic waste Recyclable Materials program to divert from the landfill organic waste from businesses. Each
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167 business meeting specific organic waste or solid waste generation thresholds phased in from April 1, 2016 to 168 January 1, 2020, is required to arrange for organic waste Recyclable Materials services. 169 1.07 AB 3036. “AB 3036” means State of California Assembly Bill No. 3036 approved 170 September 27, 2018. AB 3036 prohibits a County, City, District, or local government agency from subjecting 171 the hauling of certain byproducts from the processing of food or beverages to an exclusive franchise, contract, 172 license, or permit.
173 1.08 Agreement. “Agreement” means the written Integrated Waste Management Services 174 agreement between the City and the Contractor covering the work to be performed and all contract documents 175 attached to the agreement and made a part thereof.
176 1.09 Agreement Administrator. The City Manager, or his or her designee, designated to 177 administer and monitor the provisions of the Agreement. 178 1.10 Agreement Year. “Agreement Year” means each twelve (12) month period from October 1 179 to September 30 during the term of this Agreement.
180 1.11 Alternative Fuel Vehicle. “Alternate Fuel Vehicle” means a vehicle whose engine uses a 181 fuel other than gasoline or diesel fuel, such as compressed natural gas (CNG) or other fuel with comparably 182 low emissions of air pollutants regulated under the California Clean Air Act, Health and Safety Code Section 183 39000 et seq. or the South Coast Air Quality Management District's rules and regulations including Rule 1193. 184 1.12 Applicable Law. “Applicable Law” shall mean all federal, state, county, and local laws, 185 regulations, rules, orders, judgments, decrees, permits, approvals, or other requirements of any governmental 186 agency having jurisdiction over an aspect of this Agreement that are in force on the Effective Date, and as 187 may be enacted, issued or amended thereafter, including without limitation, to the City’s Municipal Code, the 188 California Integrated Waste Management Act of 1989 (Public Resources Code section 40000 et seq.), as 189 amended as of the Effective Date, inclusive (without exclusion to other amendments not referenced here) of 190 AB 939, AB 341, AB 1826, AB 1594, SB 1383, and inclusive of all regulations implementing same adopted 191 as of the Effective Date.
192 1.13 Best Management Practice. “Best Management Practice” means the schedule of activities, 193 prohibition of practices, maintenance procedures, and other management practices to prevent or reduce, to 194 the maximum extent that is technologically and economically feasible, the discharge of pollutants in the storm 195 drain system.
196 1.14 Bin. “Bin” means a metal or plastic waste container designed or intended to be 197 mechanically serviced by a commercial front-end loader vehicle. It shall be designed to hold from one (1) to 198 six (6) cubic yards of material with the lid properly closed. The specifications for Contractor-provided Bins are 199 set forth in Exhibit 4.
200 1.15 Biohazardous or Biomedical Waste. Any waste which may cause disease or reasonably 201 be suspected of harboring pathogenic organisms; included are waste resulting from the operation of medical 202 clinics, hospitals, and other facilities processing wastes which may consist of, but are not limited to, human
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203 and animal parts, contaminated bandages, pathological specimens, hypodermic needles, sharps, 204 contaminated clothing and surgical gloves.
205 1.16 Box. "Box" means a large open-top rectangular metal containers used to store and 206 transport MSW, Recyclable Materials, Green Waste, Construction and Demolition Debris, Manure, or other 207 materials, collected using a special vehicle equipped with hooks and a winch to pull the box onto the flat bed 208 of the truck for transport.
209 1.17 Bulky Waste. furniture, household appliances, automobile tires, shipping crates and 210 containers, carpets, mattresses, oversized yard waste such as tree trunks and large branches if no larger 211 than two feet in diameter and four feet in length, and similar large bulky or heavy items not normally discarded 212 on a regular basis at a residential, commercial, or business establishment. “Bulky Items” do not include 213 Construction and Demolition Debris or Electronic Waste, which are regarded as Universal Waste, the disposal 214 of which is governed by the Department of Toxic Substances Control. 215 1.18 Business Day. Any Monday through Friday, excluding any holidays as defined in Section 216 5.03.
217 1.19 Calendar Year. Each twelve (12) month period from January 1 to December 31. 218 1.20 Cart. “Cart” means a heavy plastic receptacle with a rated capacity of at least twenty (20) 219 and not more than one hundred (100) gallons, having a hinged tight-fitting lid and wheels, that is provided by 220 the Exclusive Franchise Solid Waste Contractor, approved by the City, and used by Service Recipients for 221 collection, accumulation, and removal of solid waste from commercial, industrial, or residential premises in 222 connection with Exclusive Franchise Integrated Waste Management Services. The specifications for 223 Contractor-provided Carts are set forth in Exhibit 4. 224 1.21 CERCLA. The Comprehensive Environmental Response, Compensation and Liability Act 225 of 1980, 42 U.S.C. Sections 9601 and following, as may be amended and regulations promulgated 226 thereunder.
227 1.22 Change in Law. means the occurrence of any of the following events after the Effective 228 Date, when such event has a material and adverse effect on the Parties’ responsive obligations or the 229 performance of their respective obligations under this Agreement (except for any payment obligations): (i) the 230 enactment, adoption, promulgation, amendment, repeal, judicial interpretation, or formal administrative 231 interpretation of any Applicable Law; (ii) the issuance of any order or judgment of any federal, state, or local 232 court or agency in a proceeding to which a Party is a party, but not to the extent such order or judgment finds 233 the Party asserting there to have been a Change in Law to have been negligent or otherwise at fault; or (iii) 234 the denial, suspension, or termination of any government permit or other entitlement, but not to the extent 235 such denial, suspension, or termination is the result of any act or omission of the Party asserting there to 236 have been a Change in Law.
237 1.23 City. The City of Norco, California, including any unincorporated areas of the County that 238 may be annexed by the City during the Initial Term and all extensions.
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239 1.24 City Collection Service. City Garbage Collection Service, City Organic Waste Collection 240 Service, City Recyclable Materials Service, City Manure Service, City Clean-up Services, City-Sponsored 241 Events Services, and Bulky Item Collection Services. 242 A. City Clean-up Services. On-call City requested Collection from Agreement 243 Administrator to support City services and operations, including collection of abandoned waste. 244 B. City Garbage Collection Service. The Collection of Garbage, by Contractor, from 245 City Service Units in the Service Area and the delivery of that Garbage to a Disposal Facility. 246 C. City Bulky Waste Collection Service. The periodic on-call Collection of Bulky Waste, 247 by Contractor, from City Service Units in the Service Area and the delivery of those Bulky Waste to a 248 Disposal Facility, Materials Recovery Facility or such other facility as may be appropriate under the terms of 249 this Agreement.
250 D. City Organic Waste Collection Service. The Collection of Organic Waste, by 251 Contractor, from City Service Units in the Service Area, the delivery of those Organic Waste materials to an 252 Organic Waste Processing Facility and the processing and marketing of those Organic Waste materials, and 253 the disposal of all City Organic Waste Processing Residue. 254 E. City Recyclable Materials Service. The Collection of Recyclables Materials by the 255 Contractor from City Service Units in the Service Area, the delivery of those Recyclable Materials to a 256 Materials Recovery Facility and the processing and marketing of those Recyclable Materials, and the 257 disposal of all City Recyclables Materials Processing Residue. 258 F. City Sponsored Event Services. On-call Collection Services at City-Sponsored 259 Events.
260 G. City Manure Services. On-call Collection Services of Manure. 261 1.25 City Facility. City Facility(ies) means any building or other site that the City owns, leases, 262 or occupies that are listed in Exhibit 3.
263 1.26 City Manager. “City Manager” means the City Manager of the City of Norco, or his or her 264 designated representative, or any employee of the City who succeeds to the duties and responsibilities of the 265 City Manager.
266 1.27 Collect and Collection and Collected. The removal of Solid Waste from a Service Unit and 267 transportation to a Disposal Facility, Organic Waste Processing Facility, Materials Recycling (or Recovery) 268 Facility, or Transfer Station as appropriate.
269 1.28 Collection Container. A Bin, Cart, Debris-Box or Roll-Off Container that is approved by the 270 Agreement Administrator for use by Service Recipients for Collection Services under this Agreement. 271 1.29 Collection Route. The designated weekly itinerary or sequence of stops scheduled to be 272 performed by one collection vehicle providing regularly scheduled Garbage, Recyclables, Organic Materials 273 or Manure collection services (not on-call or Bulky Item/Abandoned Waste) within the Contractor’s collection 274 service area under the Agreement.
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275 1.30 Collection Services. Contractor’s obligations under this Agreement to Collect Solid Waste 276 within the Service Area. Collection Service includes Residential Collection Service, MFD/MXD Collection 277 Service, Commercial Collection Service, and City Collection Service. 278 1.31 Collection Vehicle. A licensed vehicle that has all required licenses to provide Collection 279 Service and that has been approved by the Agreement Administrator for use under this Agreement. 280 1.32 Commencement Date. Has the meaning specified in Section 2.01 of this Agreement. 281 1.33 Commercial Collection Service. Collection Service provided to Commercial Service Units. 282 Commercial Collection Service specifically includes the following:
283 A. Commercial Garbage Collection Service. The Collection of Garbage by Contractor, 284 from Commercial Service Units in the Service Area and the delivery of that Garbage to a Disposal Facility. 285 B. Commercial Organic Waste Collection Service. The Collection of Organic Waste, 286 by Contractor, from Commercial Service Units in the Service Area, the delivery of those Organic Waste 287 materials to an Organic Waste Processing Facility and the processing and marketing of those Organic 288 Waste materials, and the disposal of all Commercial Organic Waste Processing Residue. 289 C. Commercial Recyclable Materials Collection Service. The Collection of Recyclable 290 Materials, by Contractor, from Commercial Service Units in the Service Area, the delivery of those 291 Recyclable Materials to a Materials Recovery Facility and the processing and marketing of those 292 Recyclable Materials, and the disposal of all Commercial Recyclable Materials Processing Residue. 293 D. Commercial Manure Collection Service. The Collection of Manure, by Contractor, 294 from Commercial Service Units in the Service Area, the delivery of that Manure to a City-approved 295 processing facility and the processing and marketing of that Manure, and the disposal of all Manure 296 Processing Residue.
297 1.34 Compactor. Any Collection Container which has a compaction mechanism, whether 298 stationary or mobile.
299 1.35 Compost. “Compost” means the act or product of the controlled biological decomposition 300 of Organic Wastes that are Source Separated or are separated at a centralized facility. Compost may also 301 include the product of anaerobic digestion or other conversion technologies. 302 1.36 Construction and Demolition Debris. “Construction and Demolition Debris” means 303 discarded materials removed from premises, resulting from construction, renovation, remodeling, repair, 304 deconstruction, or demolition operations on any pavement, house, commercial building, or other structure or 305 from landscaping. Such materials include but are not limited to “inert wastes” as defined in Public Resources 306 Code Section 41821.3(a)(1) (rock, concrete, brick, sand, soil, ceramics and cured asphalt), gravel, plaster, 307 gypsum wallboard, aluminum, glass, plastic pipe, roofing material, carpeting, wood, masonry, trees, remnants 308 of new materials, including paper, plastic, carpet scraps, wood scraps, scrap metal, building materials, 309 packaging and rubble resulting from construction, remodeling, renovation, repair and demolition operations 310 on pavements, houses, commercial buildings, and other structures.
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311 1.37 Consumer Price Index (CPI). The index sets published by the Unites States Department 312 of Labor, Bureau of Labor Statistics. Consumer Price Index series CUSR0000SEHG02, Garbage and trash 313 collection in U.S. city average, all urban consumers, seasonally adjusted. 314 1.38 Container. “Container" means a Collection Container. 315 1.39 Contaminant. Any material or substance placed into or found in a Collection Container 316 other than the type of Source Separated material for which that Collection Container is intended or reserved. 317 For example, anything that is not Recyclable Materials is a Contaminant if placed into or found in a Recyclable 318 Materials Collection Container. Similarly, anything that is not Organic Waste is a Contaminant if placed into 319 or found in an Organic Waste Collection Container.
320 1.40 Contractor. _________, which has entered into this Agreement. 321 1.41 County. Riverside County, California.
322 1.42 Customer. “Customer" means the owner, occupant, or user of premises at which MSW or 323 Recyclable Materials are generated and then collected by Contractor. Customers include Residential 324 Customers, MFD/MXD Customers, and Commercial Customers. City is also a receiver of Collection Services, 325 but not a Customer.
326 1.43 Dispose or Disposal. “Disposal” or “Dispose” means the final disposition of Solid Waste at 327 a permitted Landfill or other permitted Solid Waste disposal facility, as defined in California Public Resources 328 Code 40192(b).
329 1.44 Disposal Facility. “Disposal Facility” means the place or places listed in Exhibit 9 as 330 City-approved locations for the Disposal of Garbage or other materials as appropriate and acceptable. 331 1.45 Diversion or Divert. The programs and activities that reduce or eliminate the Disposal of 332 Solid Waste in landfills, which can include source reduction, reuse, salvage, Recyclable Materials, and 333 Composting.
334 1.46 Diversion Compliance. Compliance with Diversion requirements under the Act and 335 applicable CalRecycle regulations. Should there be a Change in Law for Diversion Compliance, Contractor 336 may request a rate adjustment pursuant to Section 31.01.1. 337 1.47 Dwelling Unit. A building or part of a building designed for residential use by a single 338 independent housekeeping unit and having separate exterior access, toilet, and facilities for cooking and 339 sleeping.
340 1.48 Edible Food. “Edible Food” has the same meaning as found in Section 8.32.020 of the 341 Municipal Code. Edible Food means food intended for human consumption. For purposes of this Agreement, 342 Edible Food is not Solid Waste if it is recovered and not discarded. Nothing in this Agreement requires or 343 authorizes the recovery of food that does not meet the food safety requirements of the California Retail Food 344 Code.
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345 1.49 Edible Food Recovery. “Edible Food Recovery” means the actions to collect and distribute 346 Edible Food and distributing it to local food recovery organizations from places where it would otherwise go 347 to waste such as, but not limited to, restaurants, grocery stores, produce markets, school cafeterias, or dining 348 facilities.
349 1.50 Effective Date. “Effective Date of Agreement” shall mean the date on which the Agreement 350 is signed by the duly authorized representatives and the parties and delivered by the last of the parties to sign 351 and deliver.
352 1.51 Electronic Waste (E-Waste). E-Waste means electronic equipment such as stereos, 353 televisions, computers, and other similar items collected from SFD Service Units or MFD/MXD Service Units. 354 1.52 Exempt Waste. “Exempt Waste” means “Excluded Waste” as defined in Section 8.32.020 355 of the Municipal Code and Biohazardous or Biomedical Waste, Hazardous Waste, Sludge, automobiles, 356 automobile parts, boats, boat parts, boat trailers, internal combustion engines, lead-acid batteries, dead 357 animals, and those wastes under the control of the Nuclear Regulatory Commission. 358 1.53 Food Waste “Food Waste” means (1) food scraps including all edible or inedible food such 359 as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, 360 cheese, coffee grounds, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are 361 Source Separated from other Food Scraps; and (2) food-soiled paper, which is compostable paper material 362 that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper 363 coffee cups, napkins, and pizza boxes.
364 1.54 Franchise Fee. A payment that the Contractor has voluntarily agreed to pay to City in 365 consideration of the exclusive rights granted by the City under this Agreement. Contractor acknowledges and 366 agrees that the amount of the Franchise Fee represents Contractor’s independent determination of the market 367 value of the exclusive rights granted by City under this Agreement. Contractor is not required by this 368 Agreement or any City ordinance, resolution, or regulation to charge the Franchise Fee to Customers. 369 Because the Franchise Fee represents a cost to Contractor in performing services pursuant to this 370 Agreement, Contractor may, in its sole discretion, include an amount equal to the Franchise Fee in 371 Contractor’s Compensation.
372 1.55 Garbage. All putrescible and non-putrescible solid, semi-solid and associated liquid waste 373 generated or accumulated through the normal activities of a premises. Garbage does not include Recyclable 374 Materials, Organic Waste, Manure, or Bulky Waste, that is source-separated and set out for purposes of 375 collection and recycling.
376 1.56 Green Waste. “Green Waste” means grass clippings, leaves, landscape and pruning 377 waste, wood materials from trees and shrubs, and other forms of organic materials generated from 378 landscapes or gardens.
379 1.57 Gross Revenue. All monetary amounts actually collected or received by Contractor for the 380 provision of Integrated Waste Management Services pursuant to this Agreement, including but not
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381 necessarily limited to: all receipts from Service Recipients, inclusive of late charges, contamination charges, 382 Franchise Fees or any other cost of doing business. “Gross Revenue”, for purposes of this Agreement, does 383 not include any fee or charge levied by the City directly on Service Recipients to mitigate costs incurred by 384 City which is billed, collected and remitted to City by Contractor, or revenues generated from the sale of 385 Recyclable Material, Compost or energy, grants, cash awards, State of California Department of Conservation 386 payments, or rebates resulting from the performance of this Agreement. 387 1.58 Hazardous Waste. “Hazardous Waste” has the same meaning as set forth in Section 388 8.32.020 of the Municipal Code. Hazardous Waste shall have the meaning set forth in California Code of 389 Regulations, Title 14 §17225.32 and Health and Safety Code §25117, or successor laws and regulations as 390 may be amended from time to time.
391 1.59 Holiday. “Holiday” means New Year’s Day, President’s Day, Memorial Day, Independence 392 Day, Labor Day, Veterans Day, Thanksgiving Day, Christmas Day, and any other day recognized by 393 resolution of the City Council as a day on which waste Collection Service will not be provided until the following 394 day, excluding Sunday.
395 1.60 Home
396 1.61 Mulch or Compost Delivery. At no cost to the City, Contractor must assist City in arranging 397 for produced compost/mulch, or other recovered organic waste products to comply with SB 1383 procurement 398 requirements to be delivered in qualities, quantities, locations, and times agreed on between City and 399 Contractor. Such Contractor assistance can be in the form of backhauling materials or setting aside locations 400 for Service Recipients to pick up produced compost/mulch at an approved facility. Contractor agrees to 401 provide up to 60 cubic yards of compost or mulch to the City annually. 402 1.62 Bin. A portable durable container purchased by the Contractor, and distributed to SFD or 403 MFD/MXD Service Recipients as requested, and stored and distributed by the Contractor to SFD or 404 MFD/MXD Service Recipients for use by those Service Recipients to compost Organic Waste at their 405 premises.
406 1.63 Household Hazardous Waste. “Household Hazardous Waste” means that waste resulting 407 from products purchased by the general public for household use which, because of its quantity, concentration 408 or physical, chemical or infectious characteristics, may pose a substantial known or potential hazard to human 409 health or the environment when improperly treated, disposed or otherwise managed, or, in combination with 410 other Solid Waste, may be infectious, explosive, poisonous, caustic, toxic, or exhibit any of the characteristics 411 of ignitability, corrosivity, reactivity, or toxicity as per California Code of Regulations Title 22, Division 4.5, 412 Chapter 11, Section 66261.3.
413 1.64 Integrated Waste Management Services. The collection of Garbage, Recyclable Materials, 414 Organic Waste, and Manure within the corporate limits of City; the transportation of such material to 415 appropriate places for processing, Recyclable Materials, composting and/or disposal; and the processing of 416 materials.
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417 1.65 Kitchen Food Waste Pail. A plastic receptacle with a rated capacity not exceeding two and 418 one-half (2.5) gallons, having a hinged lid, suitable for use in a SFD Service Unit for temporary storage of 419 SFD Organic Waste that is approved for such purpose by City. 420 1.66 Manure. Solid Waste composed of excreta of animals and residual materials that have 421 been used for bedding, sanitary, or feeding purposes for any type of farm animal kept or raised for use or 422 pleasure, including but not limited to, horses, cows, sheep, pigs, goats, llamas, zebras, emus, ostriches, 423 buffalo, camels, alpacas, rabbits, chickens, and birds kept in aviaries. Dogs and cats are specifically excluded. 424 1.67 Manure Containers. Carts or Bins intended to be utilized for the accumulation and 425 collection of Manure from Residential, MFD/MXD, Commercial, and City Premises. 426 1.68 Manure Processing Facility. A facility listed in Exhibit 9 to which Manure is brought for 427 processing for beneficial reuse.
428 1.69 Materials Recovery Facility. A facility listed in Exhibit 9 to which commingled Solid Waste, 429 Organic Waste, and Recyclable Materials are brought for separation into marketable Recyclable Materials. 430 1.70 Maximum Service Rate. The maximum amount that Contractor may charge Service 431 Recipients for Integrated Waste Management Services, as listed in Exhibit 1, and as may be adjusted in 432 accordance with the provisions of this Agreement.
433 1.71 Mixed Waste Processing Facility. Means a State-permitted commercial Solid Waste facility 434 listed in Exhibit 9 which accepts and processes Unicycling for diversion from landfill disposal. 435 1.72 Multi-Family Dwelling (MFD) Collection Service. MFD Solid Waste Collection Service 436 serves a Multi-Family Dwelling, and specifically includes the following:
437 A. MFD Garbage Collection Service. The Collection of Garbage, by Contractor, from 438 MFD Service Units in the Service Area and the delivery of that Garbage to a Disposal Facility. 439 B. MFD Bulky Waste Collection Service. The periodic on-call Collection of Bulky 440 Waste, by Contractor, from MFD Service Units in the Service Area and the delivery of those Bulky Waste to 441 a Disposal Facility, Materials Recovery Facility or such other facility as may be appropriate under the terms 442 of this Agreement. MFD Bulky Waste Collection Service may include the Collection of Bulky Waste using 443 Roll-Off Containers.
444 C. MFD Organic Waste Collection Service. The Collection of Organic Waste, by 445 Contractor, from MFD Service Units in the Service Area, the delivery of those Organic Waste materials to 446 an Organic Waste Processing Facility and the processing and marketing of those Organic Waste materials, 447 and the disposal of all MFD Organic Waste Processing Residue. 448 D. MFD Recyclable Materials Service. The Collection of Recyclables Materials by the 449 Contractor from MFD Service Units in the Service Area, the delivery of those Recyclable Materials to a 450 Materials Recovery Facility and the processing and marketing of those Recyclable Materials, and the 451 disposal of all MFD Recyclables Materials Processing Residue.
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452 E. MFD Manure Service. The Collection of Manure by the Contractor from MFD 453 Service Units in the Service Area, the delivery of that Manure to a City-approved facility and the processing 454 and marketing of that Manure, and the disposal of all MFD Manure Processing Residue. 455 1.73 Municipal Code. Municipal Code means the City of Norco Municipal Code. 456 1.74 Non-Collection Notice. A written notice approved by the Agreement Administrator that 457 notifies a Service Recipient of the reason Contractor did not Collect Solid Waste set out for Collection. 458 1.75 Organic Waste. “Organic Waste” has the same meaning as set forth in Section 8.32.020 459 of the Municipal Code and means Food Waste, Green Waste, Wood Waste, and food-soiled paper waste that 460 is mixed in with Food Waste.
461 1.76 Organic Waste Collection Service. The Collection of Organic Waste from Service Units and 462 processing at an Organic Waste Processing Facility, and the disposal of all Organic Waste Processing 463 Residue.
464 1.77 Organic Waste Processing Facility. “Organic Waste Processing Facility” means any facility 465 designed, operated and legally permitted for the purpose of receiving and processing Food Waste, Green 466 Waste, and Organic Waste listed in Exhibit 9. The City shall designate the Organic Waste Processing Facility 467 for the Contractor to deliver Collected Organic Waste material under this Agreement. 468 1.78 Overage. “Overage” means Solid Waste set out for Collection either on top of or outside of 469 a Container or in any manner that prevents the Container lid from completely closing or potentially cause 470 Solid Waste to spill during Collection by Contractor’s vehicles. 471 1.79 Premises. “Premises” means any land or building in the City where waste is generated or 472 accumulated.
473 1.80 Prohibited Container Contaminants. “Prohibited Container Contaminants” means any of 474 the following but does not include Organic Waste specifically allowed for Collection in a Container that is 475 required to be transported to a high diversion organic waste processing facility if the waste is specifically 476 identified as acceptable for Collection in that Container in a manner that complies with the requirements of 477 14 CCR Section 18984.1, 18984.2, or 18984.3. (A) Non-Organic Waste placed in a Collection Container 478 designated for Organic Waste provided pursuant to 14 CCR Section 18984.1 or 18984.2; (B) Organic Wastes 479 that are, carpet, hazardous wood waste, or non-compostable paper placed in the Collection Container that is 480 part of an Organic Waste Collection Service provided pursuant to 14 CCR Section 18984.1 or 18984.2; (C) 481 Organic Wastes, placed in a Collection Container designated for Garbage, that pursuant to 14 CCR Section 482 18984.1 or 18984.2 were intended to be Collected separately in a Collection Container designated for Organic 483 Waste or Recyclable Materials; (D) Organic Wastes placed in the Collection Container designated for 484 Recyclable Materials shall be considered Prohibited Container Contaminants when those wastes were 485 specifically identified in this Agreement, or through local ordinance for Collection in the Container designated 486 for Organic Waste, or mutually agreed to and promulgated by the City and Contractor. Paper products, 487 printing and writing paper, wood and dry lumber may be considered acceptable and not considered Prohibited
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488 Container Contaminants if they are placed in Collection Container designated for Recyclable Materials; and 489 (E) Exempt Waste placed in any Collection Container. 490 1.81 Quarter. A three-month period during a calendar year. The first Quarter is January through 491 March. The second Quarter is April through June. The third Quarter is July through September. The fourth 492 Quarter is October through December.
1.82 Rate Year. “Rate Year” means the period July 1st to June 30th 493 , for each year during the 494 Term of this Agreement, except the first year which begins on October 1, 2024. 495 1.83 Recyclable Materials. Recyclable Materials means those materials that are separated from 496 Solid Waste prior to disposal to be recycled consistent with the requirements of the Act. Recyclable Materials 497 that can be placed in the Recycling are listed in Exhibit 12, and any other items as determined by the 498 Agreement Administrator.
499 1.84 Recycling. “Recycling” means the process of collecting, sorting, cleansing, treating and/or 500 marketing Recyclable Materials that would otherwise become Garbage, and returning them to the economic 501 mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality 502 standards necessary to be used in the marketplace. The collection, transportation or disposal of Solid Waste 503 not intended for, or capable of, reuse is not Recycling. “Recycling” does not include transformation as defined 504 in Public Resource Code Section 40201.
505 1.85 Residential Collection Service. “Residential Collection Service” means ongoing regularly 506 scheduled collection of Solid Waste by an Exclusive Franchise from Residential Service Units and MFD 507 Service Units and the delivery of that Solid Waste to a Disposal Facility, Recycling Facility, Organics 508 Processing Facility, and/or Manure Processing Facility. 509 1.86 Residential Premises. “Residential Premises” means: (i) any building or structure, or 510 portion thereof, that is used for residential housing purposes and has four (4) or fewer distinct living units; and 511 (ii) any multiple unit residential complex which, with the prior written approval of the City Manager, receives 512 Integrated Waste Management Services using standard residential Containers. 513 1.87 Residual or Residuals. “Residual” or “Residuals” means Solid Waste that is not Diverted 514 from landfill Disposal after it has been delivered to an Organic Waste Processing Facility or a Recyclables 515 Processing Facility for processing for Diversion from landfill Disposal. Residual does not include Recyclable 516 Materials, Organic Material, or Manure that is processed for Diversion but lacks an available market. 517 1.88 Roll-Off Container. A metal container with a capacity of ten (10) or more cubic yards that 518 is normally loaded onto a specialized Collection vehicle and transported to an appropriate facility. 519 1.89 Route Review. A visual inspection of Containers along a Collection Route for the purpose 520 of identifying Prohibited Container Contaminants, which may include mechanical inspection methods such as 521 use of cameras.
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522 1.90 SB 1383. “SB 1383” means State of California Senate Bill 1383 Short-lived Climate 523 Pollutants: Organic Waste Reductions, approved September 19, 2016, and the regulations implementing the 524 law Title 14, Cod of California Regulations (CCR), Chapter 12. 525 1.91 Scout Service. In addition to the regular collection of Manure, the Contractor agrees to 526 provide a Scout Service for the City. This service involves the detailed scouting of the designated Service 527 Area for the purpose of identifying and collecting Manure from specified Premises not ordinarily serviced 528 under standard collection procedures. The Contractor will assess, identify, and proactively collect Manure 529 from these Premises, and provide detailed reports to the City on the volume, type, and location of the Manure 530 collected.
531 1.92 Self-Haul. Collection of Solid Waste by the resident, owner, or occupant of the Premises 532 on which the Solid Waste was generated pursuant to a City-issued permit and in accordance with the 533 requirements of the Municipal Code.
534 1.93 Service Area. That area within the city limits of the City of Norco designated by City as the 535 Service Area.
536 1.94 Service Recipient. An individual or entity receiving Collection Service. 537 1.95 Service Unit. “Service Unit” means a single subscriber to Contractor’s Integrated Waste 538 Management Services. Service Unit specifically includes the following:
539 A. City Service Unit. City Facility(ies) that utilize a Bin, Cart, or Roll-Off Container(s) 540 for the accumulation and set-out of Solid Waste. City Service Units are the properties set forth in Exhibit 3 541 and may be modified by written notice to Contractor by the City. 542 B. Commercial Service Unit. All retail, professional, wholesale and industrial facilities, 543 and other commercial enterprises offering goods or services to the public that utilize a Garbage Bin, 544 Cart, Compactor, Roll-Off Container for the accumulation and set-out of Commercial Solid Waste. 545 C. Multi-Family Dwelling (MFD) Service Unit. “Multi-Family Dwelling” and “MFD” shall 546 mean any building or structure, including but not limited to Mobile Home Parks, or portion thereof, used 547 for residential purposes having five (5) or greater distinct living units. 548 D. MXD (Mixed-use Development) Service Unit. A mix of Commercial Service Units 549 and five (5) or greater Dwelling Units in the Service Area utilizing any combination of Collection 550 Containers for the accumulation of and set out of Solid Waste. 551 E. SFD Service Unit. Any Single-Family Dwelling Unit in the Service Area utilizing a 552 Cart for the accumulation and set out of Solid Waste originating from SFD Residential Premises. 553 1.96 SFD Collection Service. SFD Garbage Collection Service, SFD Recyclable Materials 554 Service, SFD Organic Waste Collection Service, SFD Manure Service, and SFD Bulky Item Collection 555 Service.
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556 A. SFD Garbage Collection Service. The Collection of Garbage, by Contractor, from 557 SFD Service Units in the Service Area and the delivery of that Garbage to a Disposal Facility. 558 B. SFD Bulky Waste Collection Service. The periodic on-call Collection of Bulky 559 Waste, by Contractor, from SFD Service Units in the Service Area and the delivery of those Bulky Waste 560 to a City-approved Materials Recovery Facility or other such facility as may be appropriate under the terms 561 of this Agreement. SFD Bulky Waste Collection Service does not include the Collection of Bulky Waste 562 using Roll-Off Containers.
563 C. SFD Organic Waste Collection Service. The Collection of Organic Waste, by 564 Contractor, for SFD Service Units in the Service Area, the delivery of those Organic Waste Materials to a 565 City-approved Organic Waste Processing Facility and the processing and marketing of those Organic 566 Waste materials, and the disposal of all SFD Organic Waste Processing Residual. 567 D. SFD Recyclable Materials Service. The Collection of Recyclable Materials, 568 including dry cell household batteries when set out by the Service Recipient in heavy duty plastic bags 569 and placed on the Recycling Cart, by the Contractor from SFD Service Units in the Service Area, the 570 delivery of those Recyclable Materials to a City-approved Materials Recovery Facility and the processing 571 and marketing of those Recyclable Materials.
572 E. SFD Manure Service. The Collection of Manure by the Contractor from SFD Service 573 Units in the Service Area, the delivery of that Manure to a City-approved facility and the processing and 574 marketing of that Manure, and the disposal of all SFD Manure Processing Residue. 575 1.97 Single-family Dwelling or SFD. “Single-family/duplex dwelling” or “SFD” means any 576 residential premises with fewer than five (5) units single attached dwelling units, each designed for use by 577 one bona fide housekeeping group.
578 1.98 Sludge. The accumulated solids, residues, and precipitates generated as a result of waste 579 treatment or processing, including wastewater treatment, water supply treatment, or operation of an air 580 pollution control facility, and mixed liquids and solids pumped from septic tanks, grease traps, privies, or 581 similar disposal appurtenances or any other such waste having similar characteristics or effects. 582 1.99 Solid Waste. “Solid Waste” means all putrescible and non-putrescible solid, semisolid, and 583 liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and 584 construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, 585 dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, Manure, vegetable or 586 animal solid and semisolid wastes, and other discarded solid and semisolid wastes, as set forth in California 587 Public Resources Code Section 40191(a)(b), as amended from time to time. Solid Waste includes Recyclable 588 Materials but does not include (1) Hazardous Waste; (2) radioactive waste regulated pursuant to the Health 589 and Safety Code Section 114960 et seq.; and (3) medical waste regulated pursuant to the Health and Safety 590 Code Section 117600 et seq.
591 1.100 Source Separated. “Source Separated” means materials that have been kept separate in 592 the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing in order 593 to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted
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594 products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined 595 in 14 CCR Section 17402.5(b)(4).
596 1.101 SRRE (Source Reduction and Recycling Element). A formal planning document that 597 demonstrates how the City will comply with the Act’s diversion goals. 598 1.102 Street Sweeping Service. The sweeping of streets in the City, whether by the City, 599 Contractor, or a Subcontractor, and the transportation of Sweep Waste by Contractor to ____________. 600 1.103 Sweep Waste. The accumulated waste materials generated as a result of performing Street 601 Sweeping Services. Sweep Waste includes, but is not limited to, deposits of loose dirt, rocks, glass, cans, 602 leaves, sticks, papers, Organic Waste residue or any like materials that can be removed by Street Sweeping 603 operations.
604 1.104 Sweeper Route. A daily path or itinerary followed by a sweeper that has been clearly 605 divided into a.m. and p.m. sections.
606 1.105 Street Sweeping Services. Street Sweeping Services shall be provided in accordance with 607 the terms and conditions set forth in Exhibit 13
608 Street Sweeping Services.
609 1.106 Term. “Term” means the time period or duration which the Agreement is in effect. 610 1.107 Transfer Station. “Transfer Station” means the place or places listed in Exhibit 9 as City611 approved locations conveyance of Solid Waste Collected by Contractor into larger vehicles prior to 612 transportation of the Solid Waste to a Disposal Facility or Recyclables, Organics, and/or Manure Processing 613 Facility Processing Facility.
614 1.108 Unicycling. A method of separating trash and recyclable materials in a single Collection 615 Container. Trash materials are collected in bags and deposited into the Collection Container and recyclable 616 materials are deposited into the Collection Container loose and unbagged. 617 1.109 Universal Waste or U-Waste. Electronic devices, dry-cell batteries, non-empty aerosol 618 cans, fluorescent lamps, and fluorescent bulbs, mercury thermostats, and other mercury containing 619 equipment.
620 1.110 Waste. “Waste” means the useless, unused, unwanted, or discarded material and debris 621 resulting from normal residential and commercial activity or materials which, by their presence, may injuriously 622 affect the health, safety, and comfort of persons or depreciate property values in the vicinity thereof. 623 1.111 Waste Generator. “Waste generator” means any person, as defined by the most current 624 version of the Public Resources Code, whose act or process produces solid waste as defined in that same 625 code, or whose act first causes solid waste to become subject to regulation.
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626 1.112 Waste Reporting System (WRS). The electronic data recording and reporting system that 627 Contractor uses to provide data and reports that this Agreement requires Contractor to give to the City. 628 1.113 White goods. “White goods” means enamel-coated major appliances, such as washing 629 machines, clothes dryers, hot water heaters, stoves, and refrigerators. 630 1.114 Work Day. Any day, Monday through Saturday, that is not a Holiday as set forth in Section 631 5.03 of this Agreement.
632 1.115 Wood Waste. “Wood waste” means Solid Waste consisting of stumps, large branches, tree 633 trunks, and wood pieces or particles that are generated from the manufacturing or production of wood 634 products, harvesting, processing or storage of raw wood materials, or construction and demolition activities. 635 Article 2. Term of Agreement
636 2.01 Term of Agreement. The term of this Agreement will be for a ten (10) year period beginning 637 October 1, 2024 and terminating on September 30, 2034. Contractor shall commence performance of its 638 Collection Service obligations under this Agreement on October 1, 2024 (“Commencement Date”). 639 2.02 Optional Extension of Term. City may, in its sole discretion, grant Contractor two additional 640 five (5) year extensions of the Term, if and only if the following preconditions are satisfied; (1) Contractor is 641 not then in default of any material term or condition of the Agreement; and (2) Contractor has timely paid City 642 all required fees associated with Agreement; and (3) Contractor must request the Optional Extension of Term 643 by April 1, 2033 in order to be eligible for the first extension and by April 1, 2038 for the second extension. 644 Article 3. Conditions Governing Services Provided by Contractor 645 3.01 Grant of Exclusive Agreement. City hereby grants to Contractor, on the terms and 646 conditions set forth herein including the limitations set forth in sections 3.02 through 3.04, the exclusive 647 franchise, right and privilege to collect, remove and dispose of, in a lawful manner, Garbage, Recyclable 648 Materials, Organic Materials, and Manure accumulating in the City’s Service Area that are required to be 649 accumulated and offered for collection to the Contractor in accordance with the City’s Municipal Code, for the 650 Term of and within the scope set forth in this Agreement. 651 3.02 Recyclable Materials Organic Waste, Manure, and Bulky Waste Discarded by Service 652 Recipients. This Agreement shall not prohibit any person from selling Recyclable Materials, Organic Waste, 653 or Manure or giving Recyclable Materials, Organic Waste, or Manure away to persons or entities other than 654 Contractor. However, in either instance: (1) the Recyclable Materials, Organic Waste, or Manure must be 655 source separated from and not mixed with other Solid Waste; and (2) the seller/donor may not pay the 656 buyer/donor any consideration for collecting, processing, or transporting such Recyclable Materials, Organic 657 Waste, or Manure. A discount or reduction in the price for collection, disposal and/or recycling services for 658 any form of un-segregated or segregated Solid Waste is not a sale or donation of Recyclable Materials, 659 Organic Waste, or Manure and such Solid Waste does not qualify for this exception. However, once the 660 Recyclable Materials, Organic Waste, or Manure have been placed in the Collection Container and the
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661 Container set out for Collection, the Recyclable Materials, Organic Waste, or Manure become the property of 662 Contractor.
663 3.03 Exclusions to Exclusivity.
664 3.03.1 Specialized Recyclable Materials. If Contractor is unable or unwilling to Collect and 665 process for diversion specialized materials, including, but not limited to, Organic Waste, Manure, metals, 666 Construction and Demolition Debris, laboratory waste, pallets and others, and which a third party is able to 667 re-use or Recycle, Service Recipients shall have the right to engage the third-party recycler to collect and 668 Recycle those Source-Separated Recyclable Materials provided that the diversion is verified by the City. 669 3.03.2 Recyclable Materials Sold By Commercial Generator. If the Waste Generator at a 670 Commercial Service Unit has source separated Recyclable Material, the Waste Generator is entitled to sell 671 that Recyclable Material or be otherwise compensated in a manner resulting in a net positive payment to the 672 Waste Generator, when such collector is permitted as appropriate under the City Municipal Code. 673 3.03.3 Byproducts of Food and Beverage Processing. Under AB 3036 (2018), certain 674 byproducts from the processing of food or beverages from agricultural or industrial sources, provided they 675 do not include animal, including fish, processing byproducts, they are Source-Separated, they are not 676 discarded (meaning the generator may not pay the recipient any consideration, or accept a discount or 677 reduction in price for collecting, processing, or transporting such material), and they are used as animal feed, 678 are exempted from this Exclusive Franchise Agreement. Entities requesting exemption must apply to the 679 City and be any of the following: registered pursuant to Section 110460 of the Health and Safety Code, or 680 be exempted from registration pursuant to Section 110480 of the Health and Safety Code, or be a beer 681 manufacturer as defined in Section 23012 of the Business and Professions Code, or a distilled spirits 682 manufacturer, as defined in Section 23015 of the Business and Professions Code. 683 3.03.4 Donated Solid Waste. Recyclable Materials, Organic Waste, or Bulky Waste which 684 is Source Separated at any premises by the waste generator and donated to youth, civic or charitable 685 organizations qualified as such pursuant to Federal law. 686 3.03.5 Gardening or Landscape Services. Green Waste removed from a premises by a 687 gardening, landscaping, or tree trimming company as an incidental part of a total service offered by that 688 company rather than as a hauling service.
689 3.03.6 Self-Haul. Service Recipients may choose to Self-Haul Solid Waste to Disposal or 690 Processing Facilities, to the extent authorized by the Municipal Code. 691 3.04 Manure. Service Recipients may choose to subscribe to Manure service with a third-party 692 hauler. Contractor must provide Manure service to any Service Recipient that has not elected to Self-Haul or 693 subscribe to a third-party hauler.
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694 Article 4. Franchise Fees and Payments
695 4.01 Contractor’s Payments to City. The Parties agree that all fees and any payments owed by 696 Contractor to City under this Agreement are the product of extensive negotiations and constitute valid 697 consideration for the rights and privileges granted to Contractor under this Agreement. 698 4.02 Reimbursement for the Cost of Procurement/Negotiation Process. Contractor shall 699 reimburse the City a one-time fee of One Hundred and Fifty Thousand Dollars ($150,000) for the cost of the 700 Franchise Agreement solicitation, evaluation, negotiation, and award process. This fee shall be due and 701 payable on the thirty (30) day after the Effective Date of the Agreement. 702 4.03 Quarterly Fees and Payments. The following quarterly fees and payments shall be due and 703 payable on the last day of the month following the end of each Quarter for which the Integrated Waste 704 Management Services were provided; first such payment being due on January 31, 2025. The City Council 705 may adjust the Quarterly Fees by resolution, in which case Contractor shall be entitled to a rate adjustment 706 as a City-directed change in accordance with Section 31.01. The Quarterly Fees shall be accompanied at the 707 time of payment by a written report, in a format acceptable to the City, setting forth the calculations Contractor 708 used to determine the amount due and the basis for those calculations. Figures used in the report shall be 709 taken from Contractor’s general books of account, and Contractor shall retain all supporting documentation 710 in accordance with the records retention requirements in Section 23.01. 711 4.03.1 Franchise Fee. Contractor shall pay the City a quarterly Franchise Fee equal to 712 seventeen point nine percent (17.90%) of the Gross Revenue received by the Contractor from Integrated 713 Waste Management Services provided in the City pursuant to this Agreement. 714 4.04 Annual Fees and Payments. On each anniversary of the Commencement Date, each of 715 the annual fees and payments shall increase by the same percentage that the Maximum Service Rate 716 increases for that same Calendar Year.
717 4.04.1 AB 939/SB 1383 Support Fee. The Contractor shall pay an AB 939/SB 1383 718 Support Fee to the City for the City’s costs to provide AB 939 and SB 1383 Support Services. The AB 939/SB 719 1383 Support Fee will be a lump sum dollar amount evenly spread out over each month of the fiscal year 720 and will be submitted to City monthly under the terms of the Agreement. The AB 939/SB 1383 Support Fee 721 shall be One Hundred Fifty Thousand Dollars ($150,000) and adjusted annually by the CPI. 722 4.04.2 Administrative Fee. The Contractor shall pay an Administrative Fee to the City for 723 the City’s administrative costs of this Agreement. The Administrative Fee will be a lump sum dollar amount 724 evenly spread out over each month of the fiscal year and will be submitted to City monthly under the terms 725 of the Agreement. The Administrative Fee shall be Seventy Thousand Dollars ($70,000), adjusted annually 726 by the CPI.
727 4.04.3 Vehicle Impact Fee. The Contractor shall pay a Vehicle Impact Fee to the City to 728 offset the impact that collection vehicles have on the City’s streets. The Vehicle Impact Fee will be a lump 729 sum dollar amount evenly spread out over each month of the fiscal year and will be submitted to City monthly
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730 under the terms of the Agreement. The Vehicle Impact Fee shall be Two Hundred and Fifty Thousand 731 Dollars ($250,000), adjusted annually by the CPI.
732 4.04.4 Edible Food Waste Recovery Fee. The Contractor shall pay an Edible Food Waste 733 Recovery Fee to the City to assist in funding of the SB 1383 required edible food waste recovery program. 734 The Edible Food Waste Recovery will be a lump sum dollar amount evenly spread out over each month of 735 the fiscal year and will be submitted to City monthly under the terms of the Agreement. The Edible Food 736 Waste Recovery Fee shall be Fifty Thousand Dollars ($50,000), adjusted annually by the CPI. 737 4.05 Other Fees. The City may set other fees, as it deems necessary, such as landfill closure 738 funding. The amount, time, and method of payment and adjustment process shall be set in a manner similar 739 to that for other fees described in this Section.
740 4.06 Time and Method of Payment. Contractor shall pay all amounts owed under this Article 741 without prior notice or demand and without abatement, deduction, offset or credit in lawful money of the United 742 States, on or before the applicable due date, unless the due date lands on a weekend or Holiday, in which 743 case the due date shall be the next Business Day. If sent by U.S. mail, the remittance must be post-marked 744 on or before the due date. If hand-delivered, Contractor must request and receive a date-stamped receipt 745 from the City by 5:00 p.m. on the due date. Contractor, under direction of City, may submit payments 746 electronically.
747 4.07 Late Payments. In the event Contractor fails to pay the City any amounts owed under this 748 Article on or before the applicable due date, then in addition to the amounts already owed, Contractor shall 749 pay a penalty as specified in Exhibit 6, except to the extent that such lateness is due to extenuating 750 circumstances. Contractor must submit any request for approval of a late payment in writing at least five (5) 751 Business Days prior to the date on which fees are due, and the request must be accompanied by a written 752 explanation of the extenuating circumstances and adequate supporting documentation. The City shall not 753 unreasonably withhold its approval and shall notify Contractor within three (3) business days of receiving the 754 request whether and to what extent the request has been approved. 755 4.07.1 Taxes and Utility Charges. The Contractor shall pay all taxes lawfully levied or 756 assessed upon or in respect of the operating assets or the Integrated Waste Management Services, or upon 757 any part thereof of upon any revenues necessary for the operation of the operating assets and the provision 758 of the Integrated Waste Management Services, when the same shall become due. 759 4.07.2 Franchise Fee Disputes. In the event of any disputes between the Contractor and 760 the City with respect to the fees described in this Article 4, the City shall provide the Contractor with written 761 objection within 180 days of the receipt of the written report described in Section 4.03, encompassing the 762 dispute amount. The City shall state its objections in writing with reference to the applicable portion(s) of the 763 report and its reasons then known for its dispute. The Parties agree to meet and confer regarding any such 764 dispute.
765 4.08 In the event any City imposed fee is determined by a court to be excessive, invalid or 766 unenforceable (hereinafter “CIF”), then: (i) Contractor shall not charge or collect the future portion of such
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767 CIF; (ii) to the extent the Customers are entitled to a reimbursement of any portion of such CIF, and City is 768 required to reimburse Contractor in the amount of such CIF previously remitted to City, thereafter, Contractor 769 shall directly reimburse all Customers entitled to reimbursement in the amount attributable to each Customer 770 account. In no event shall Contractor retain any portion of the fees reimbursed by City; (iii) to the extent the 771 Customers are entitled to a reimbursement of such CIF, and City is required by a court to directly reimburse 772 Customers, Contractor shall assist City in identifying all Customers entitled to a reimbursement, quantifying 773 the reimbursement amount attributable to each Customer account, and obtaining and providing to City any 774 other information needed to satisfy the obligations imposed by a court; and (iv) City and Contractor will, within 775 thirty (30) days following such court decision meet and confer to negotiate in good faith and using reasonable 776 efforts to attempt to agree on modifications to the Agreement. 777 Article 5. General Requirements
778 5.01 Service Standards. Contractor must perform all Integrated Waste Management Services 779 under this Agreement in a thorough and professional manner as described in Article 26, while meeting the 780 minimum performance and diversion standards listed in Article 18 according to the Sustainability and 781 Compliance Plan (Exhibit 10) developed by the Contractor and approved by the City. 782 5.02 Labor and Equipment. Contractor must provide and maintain all labor, equipment, tools, 783 facilities, and personnel supervision required for the performance of Contractor’s obligations under this 784 Agreement. Contractor must always have sufficient backup equipment and labor to fulfill Contractor’s 785 obligations under this Agreement. No compensation for Contractor’s services or for Contractor’s supply of 786 labor, equipment, tools, facilities or supervision will be provided or paid to Contractor by City or by any Service 787 Recipient except as expressly provided by this Agreement. 788 5.03 Holiday Service. The City observes New Year’s Day, President’s Day, Memorial Day, 789 Independence Day, Labor Day, Veterans Day, Thanksgiving Day, and Christmas Day as legal holidays. 790 Contractor is not required to provide Integrated Waste Management Services or maintain office hours on the 791 designated holidays. In any week in which one of these holidays falls on a Work Day, SFD Collection Services 792 for the holiday and each Work Day thereafter will be delayed one Work Day for the remainder of the week 793 with normally scheduled Friday SFD Collection Services being performed on Saturday. Commercial 794 Collection Services will be adjusted as set forth in Article 12 but must meet the minimum frequency 795 requirements of one (1) time per week. Integrated Waste Management Services will not take place on 796 Sundays, unless previously authorized by the Agreement Administrator. 797 5.04 Inspections. The City has the right to inspect Contractor’s facilities or Collection Vehicles 798 and their contents used to provide services pursuant to this Agreement at any reasonable time while operating 799 inside or outside the City without advance notice to the Contractor. 800 5.05 Commingling of Materials.
801 5.05.1 SFD Materials Collected in Norco. Contractor may not at any time commingle any 802 SFD materials Collected pursuant to this Agreement with any other material Collected by Contractor inside 803 or outside the City of Norco without the express prior written authorization of the Agreement Administrator.
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804 5.05.2 Commercial Garbage Materials Collected in Norco. Contractor may commingle 805 Commercial garbage materials collected pursuant to this Agreement with other materials collected outside 806 the City of Norco, provided that Contractor tracks the tonnage of Commercial material collected inside the 807 City of Norco separately using a City-approved allocation methodology. Changes to the allocation 808 methodology may only be made with the express prior written authorization of the Agreement Administrator. 809 5.05.3 Recyclable Materials. Subject to Sections 10.08.2 and 12.04.4, Contractor may not 810 at any time commingle SFD or Commercial Recyclable Materials Collected pursuant to this Agreement with 811 any other material type Collected by Contractor without the express prior written authorization of the 812 Agreement Administrator.
813 5.05.4 Organic Waste. Subject to Sections 10.09.4 and 12.05.7, Contractor may not at any 814 time commingle SFD or Commercial Organic Waste Collected pursuant to this Agreement with any other 815 material type Collected by Contractor, without the express prior written authorization of the Agreement 816 Administrator.
817 5.05.5 Manure. Subject to Section 10.09.4. Contractor may not at any time commingle 818 Manure Collected pursuant to this Agreement with any other material type Collected by Contractor, without 819 the express prior written authorization of the Agreement Administrator. 820 5.05.6 Commingled Garbage and Recyclables. Only in special circumstances in which 821 separate Collection Containers pose a challenge due to space or logistical constraints, and with prior written 822 authorization of the Agreement Administrator, Contractor may Collect Commercial Garbage and Recyclable 823 Materials in the same Collection Container, using a Split-bin or Unicycling, for the purposes of processing 824 Recyclable Materials for diversion.
825 5.06 Recyclable Materials, Organic Waste, and Manure Contamination. Contractor must offer 826 the Service Recipients the correct combination of Cart and Bin sizes and collection frequency beyond the 827 minimum bundled service requirements as necessary, that matches their unique service needs to reduce 828 contamination of Recyclable Materials, Organic Waste, and Manure, and provide service at least cost to 829 Service Recipient. To support City’s diversion goals and Contractor’s Diversion Requirements as set forth in 830 Section 8.02, Contractor is only required to collect and process Recyclable Materials if they have been 831 separated by the Service Recipient from Garbage and Organic Waste and will only be required to collect 832 Organic Waste if it has been Source Separated by the Service Recipient from Garbage and Recyclable 833 Materials. Similarly, Contractor is only required to collect and process Manure if it has been separated by the 834 Service Recipient from Garbage, Recyclable Material, and Organic Waste. 835 As part of Contractor’s Public Education Services under Section 21.02, Contractor has agreed to provide 836 outreach and support to Service Recipients as described in the Contractor’s Sustainability and Compliance 837 Plan provided as Exhibit 10 and Outreach and Education Plan provided as Exhibit 11. Additionally, 838 Contractor’s route collection personnel will photo document and report to Contractor’s supervisors if they 839 observe potential contamination problems, and/or insufficient collection capacity. For purposes of determining 840 if Recyclable Materials or Organic Waste are deemed to be contaminated, if, by visual or digital inspection, 841 Recyclable Materials are commingled with ten percent (10%) by weight or volume of Garbage or Organic
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842 Waste, or if, by visual inspection, Organic Waste is commingled with three percent (3%) by volume of Garbage 843 or Recyclable Materials, then Recyclable Materials and/or Organic Waste will be deemed to be contaminated 844 and Contractor may take the following steps:
845 5.07 Violations by Service Recipients. The following provisions will apply to all Commercial, 846 MFD, MXD, and SFD Service Recipients.
847 5.07.1 First and Second Occurrence. For the first and second occurrence within any rolling 848 12-month period of contamination for a particular container (i.e., Recyclable Materials or Organic Waste), 849 Contractor must collect the contaminated container (as Solid Waste) and must affix a Contamination 850 Violation Notice to the contaminated container which contains instructions on the proper procedures for 851 sorting Recyclable Materials or Organic Waste, and must notify the Service Recipient by phone, U.S. mail, 852 e-mail, or in person (which may be a container tag), that for the third and subsequent incidents of excess 853 contamination, the Service Recipient may be charged a contamination fee for the contaminated container, 854 and Contractor may increase the Collection Container size, or require an additional Collection Container. 855 Contractor’s representative must also contact the Service Recipient by phone, U.S. mail, e-mail, or in person 856 (which may be a container tag) to ensure that they have the appropriate level of service for proper collection 857 of Recyclable Materials, Organic Waste, and/or Manure. Contractor must also photo document the 858 contamination issue in the Waste Reporting System provide digital/visual documentation to the Service 859 Recipient that clearly documents the Service Recipient’s on-going contamination problems. An occurrence 860 is defined as an event of contamination in one particular day, meaning that two occurrences cannot occur 861 on the same day.
862 5.07.2 Third Occurrence. For the third or subsequent occurrence within any rolling 12- 863 month period of contamination for a particular container (i.e., Recyclable Materials or Organic Waste), 864 Contractor must collect the contaminated Container (as Solid Waste) and must charge the Service Recipient 865 a contamination fee as set forth in Exhibit 1. Contractor must continue providing the Recyclable Materials or 866 Organic Waste Collection Services. Contractor must provide (or have provided) digital/photographic 867 documentation to the Service Recipient that clearly documents the Service Recipient’s on-going 868 contamination problems and written Notices of contamination as described above. Contractor may increase 869 the Container size or collection frequency and impose a contamination surcharge on the account for a period 870 of six months or until the Service Recipient has demonstrated no contamination for a period of three 871 consecutive months. Contractor must document contamination issue and surcharge in Waste Reporting 872 System and notify City within five (5) Business Days if Contractor increases the Container size or collection 873 frequency for excessive contamination or imposes the contamination surcharge to the account. City will 874 consult with Contractor and consider, and pursue as applicable, appropriate legal remedies against offending 875 Service Recipients to secure discontinuance of the contamination. 876 5.08 Tracking Occurrences of Contamination. Regarding Section 5.07, each Contamination 877 occurrence is tracked annually per Calendar Year, and resets at the start of each Calendar Year if 878 contamination occurrences are not active and consecutive. Where contamination is occurring, and 879 occurrences are consecutive and unremedied their count shall continue across Calendar Years until remedy 880 occurs. In this case, once the Service Recipient has demonstrated no contamination for a period of three 881 consecutive months the tracking calendar will reset.
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882 5.09 Disputes Over Excess Contamination Charges. If Service Recipient disputes a 883 contamination charge (which must be within 30 days of them being assessed), Contractor will temporarily halt 884 any contamination charge and/or increased Maximum Service Rate resulting from increasing the Collection 885 Container size, or collection frequency, and Contractor may request a ruling by the City Manager to resolve 886 the dispute. During the pendency of any request, Contractor may restore Container size or number, or 887 collection frequency to the prior levels. A request by Contractor to the City Manager to rule on any such 888 dispute must be filed within ten (10) Business Days of Contractor’s halting of contamination charge, or 889 increased Maximum Rate, and must include written documentation and digital/visual evidence of ongoing 890 overall problems. The City Manager may request a meeting (in person or phone) with both the Service 891 Recipient and Contractor to resolve the dispute. Following such a meeting, the City Manager will rule on the 892 dispute within ten (10) Business Days, and the City Manager’s decision on resolving the dispute between and 893 Service Recipient will be final. If the City Manager rules in favor of the Service Recipient, Contractor will credit 894 the disputed contamination charges or increased Maximum Service Rate. If the City Manager rules in favor 895 of Contractor, Contractor may charge Service Recipient the prior halted contamination charge and/or 896 increased Maximum Service Rate resulting from increasing the Collection Container size or collection 897 frequency and may follow the steps in Section 7.07 for collection of delinquent accounts. 898 5.10 Container Overage and Correction Procedures. If a Customer is found to habitually 899 overflow their Collection Container(s), i.e., lid will not close, and/or material not contained within Container 900 Contractor may take the steps as listed below to correct Customers’ on-going overflow of material. All 901 customers will be notified of Collection Overages and must be provided photo-documented evidence of 902 occurrence. Contractor shall notify the City regarding Commercial, MFD, and MXD customers that habitually 903 overflow their Containers so that the City can take appropriate action with such customers to secure 904 discontinuance of the overages.
905 5.11 Overage and Correction Procedures. Contractor shall provide the Service Recipients the 906 correct combination of Collection Containers and collection frequency that matches each Service Recipient’s 907 unique service needs to enable clean, efficient, and cost-effective collection of Solid Waste, Recyclable 908 Materials, Organic Waste, and Manure. City and Contractor agree that overflow of Solid Waste that is not 909 properly in the Service Recipient’s Solid Waste Collection Containers negatively impacts public health and 910 safety. Contractor has also agreed to conduct recycling audits and provide outreach and support to Service 911 Recipient accounts receiving the correct service level. However, if Service Recipients are found to habitually 912 overflow their Solid Waste Collection Containers, Contractor may take the steps as listed below to correct 913 Service Recipient’s on-going overflow of Solid Waste. 914 5.12 Prior Arrangements For Collection. If the Service Recipient has made prior arrangements 915 with Contractor for Collection of Solid Waste Overages, Contractor must collect such Overages as arranged, 916 and may charge the Service Recipient the Solid Waste Overage fee (prior arrangement) rate set forth in 917 Exhibit 1.
918 5.13 No Prior Arrangements. If the Service Recipient has not made prior arrangements with 919 Contractor for Collection of Solid Waste Overage, (i) Contractor may collect such Solid Waste Overage at no 920 additional charge as a courtesy, (ii) Contractor may not Collect the Solid Waste Overage and leave a Non921 Collection Notice explaining the reason for non-collection of the Solid Waste Overage, (iii) Contractor may
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922 Collect the Solid Waste Overage (up to two lifts) and charge the Service Recipient the Solid Waste Overage 923 fee (no prior arrangement) rate set forth in Exhibit 1 as provided below, or increase the capacity or frequency 924 of Collection of the existing Collection Container(s) to match documented service needs as provided below. 925 In managing Solid Waste Overages, the following apply:
926 5.13.1 SFD Service Recipients – Each Occurrence. For each occurrence Contractor will 927 not collect the Solid Waste Overage if the Collection Container could not be serviced by normal operating 928 procedures or cause spillage upon servicing and Contractor must provide the following written notice via e929 mail, U.S. mail, or in person (which may be by Non-Collection Notice) to the Service Recipient: (i) the date, 930 description and photograph of the Solid Waste Overage and document in the Waste Reporting System. 931 Contractor’s Non-Collection Notice for SFD Service Recipients shall also contain instructions on (a) how to 932 schedule a Bulky Item Collection or (b) request an additional Collection Container to eliminate future 933 Overages.
934 5.13.2 Commercial and MFD/MXD Service Recipients – Each Occurrence. Contractor 935 must provide a written notice on the Container and may provide a copy of the notice via e-mail, U.S. mail, or 936 in person (which may be by Non-Collection Notice) to the Service Recipient with the date, description, and 937 photograph of the Solid Waste Overage. Contractor may collect the Solid Waste Overage and may charge 938 the Service Recipient a Solid Waste Overage fee as set forth in Exhibit 1, and increase the capacity, or 939 collection frequency of the Collection Container to match documented service needs. At least ten (10) 940 Business Days prior to increasing the Collection Container size, or frequency of Collection, Contractor’s 941 representative must also contact the Service Recipient by phone, U.S. mail, e-mail or in person (which may 942 be by Non-Collection Notice) to ensure that Service Recipient has the appropriate level of service. Contractor 943 must document overage issue in the Waste Reporting System and notify City within ten (10) Business Days 944 of any changes in Service Recipient’s Collection Container size or collection frequency. The increased 945 capacity or collection frequency will remain in effect until Contractor determines that it is no longer needed 946 to prevent overages, which may be longer than the one Calendar Year stated above. Such determination 947 will be in Contractor’s sole but reasonable discretion and will be subject to the dispute resolution procedure 948 set forth below. City will consider, and pursue as applicable, appropriate legal remedies against offending 949 Service Recipients in order to secure discontinuance of the overages. 950 5.14 Tracking Occurrences of Solid Waste Overage. Regarding Sections 5.11 – 5.13 after 951 twelve (12) months have passed from the last applicable Solid Waste Overage occurrence, the next Solid 952 Waste Overage occurrence will be deemed a first Solid Waste Overage occurrence. Documented 953 occurrences must be reported to the City annually as part of the Annual Report. 954 5.15 Disputes Over Container Overflow Charges. If Service Recipient disputes a Solid Waste 955 Overage charge or container size or collection frequency change within 30 days of the disputed action, 956 Contractor must temporarily halt Solid Waste Overage charge and/or increased Maximum Service Rate 957 resulting from increasing the Collection Container size or collection frequency, and Contractor may request a 958 ruling by the City Manager to resolve the dispute. During the pendency of any request, Contractor may restore 959 Container size or number, or collection frequency, to the prior levels. A request by Contractor to the City 960 Manager to rule on any such dispute must be filed within ten (10) Business Days of Contractor’s halting of 961 Solid Waste Overage charge, or increased Maximum Rate, and must include written documentation and
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962 digital/visual evidence of ongoing overall problems. The City Manager may request a meeting (in person or 963 phone) with both the Service Recipient and Contractor to resolve the dispute. Following such a meeting, the 964 City Manager will rule on the dispute within ten (10) Business Days, and the City Manager’s decision on 965 resolving the dispute between and Service Recipient will be final. If the City Manager rules in favor of the 966 Service Recipient, Contractor must credit the disputed charge or increased Maximum Service Rate. If the 967 City Manager rules in favor of Contractor, Contractor may charge Service Recipient the prior halted Solid 968 Waste Overage charge and/or increased Maximum Service Rate resulting from increasing the Solid Waste 969 Collection Container size or collection frequency and may follow the steps in Section 7.07 for collection of 970 delinquent accounts.
971 5.16 Ownership of Materials. Except as provided otherwise under Applicable Law, title to 972 Residential Waste, Commercial Solid Waste, Recyclable Materials, Organic Waste, and Manure will pass to 973 Contractor at such time as said materials are set out for Collection. 974 5.17 Spillage and Litter. Contractor may not litter premises in the process of providing Integrated 975 Waste Management Services or while its vehicles are on the road. Contractor must transport all materials 976 Collected under the terms of this Agreement in such a manner as to prevent the spilling or blowing of such 977 materials from Contractor's vehicles. Contractor must exercise all reasonable care and diligence in providing 978 Integrated Waste Management Services so as to prevent spilling or dropping of Residential Waste, 979 Commercial Solid Waste, Recyclable Materials, Organic Materials, or Manure and must immediately, at the 980 time of occurrence, clean up such spilled or dropped Residential Waste, Commercial Solid Waste, Recyclable 981 Materials, Organic Materials, or Manure.
982 5.17.1 Except as provided in Section 12.03.3, Contractor is not responsible for cleaning up 983 sanitary conditions caused by the carelessness of the Service Recipient; however, Contractor must clean 984 up any material or residue that is spilled or scattered by Contractor or its employees. 985 5.17.2 Equipment oil, hydraulic fluids, spilled paint, or any other liquid or debris resulting 986 from Contractor’s operations or equipment repair must be covered immediately with an absorptive material 987 and removed from the street surface. Contractor must document spillage in the Waste Reporting System 988 and notify City’s stormwater compliance coordinator within ninety (90) minutes of any spills resulting from 989 Contractor’s operations or equipment. When necessary, Contractor must apply a suitable cleaning agent 990 and cleaning technique to the street surface to provide adequate cleaning as approved by the City’s 991 stormwater compliance coordinator to be compliant with the City’s stormwater permit. 992 5.17.3 The above paragraphs notwithstanding, Contractor must clean up any spillage or 993 litter caused by Contractor within ninety (90) minutes upon notice from the City. If City deems necessary, 994 Contractor must engage third-party environmental clean-up specialist to remove any equipment oil, hydraulic 995 fluids, or any other liquid or debris that remains on street after Contractor’s own clean-up efforts. If clean-up 996 is not conducted to satisfaction of City, City has right to engage environmental clean-up specialist to perform 997 additional clean-up work at the expense of Contractor. In the event of Contractor’s spill or release of a 998 Hazardous Substance, Contractor is responsible for promptly notifying any federal, State, County, or local 999 governmental agency having jurisdiction over same as maybe be required under federal, State, County or 1000 local law or regulation.
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1001 5.17.4 In the event where damage to City streets is caused by a hydraulic fluid spill (i.e., 1002 any physical damage more than a simple cosmetic stain caused by the spill), Contractor shall be responsible 1003 for all repairs to return the street to the same condition as that prior to the spill. Contractor shall be 1004 responsible for all clean-up activities related to the spill. Repairs and clean-up shall be performed in a manner 1005 satisfactory to the City and at no cost to the City. 1006 5.17.5 To facilitate immediate cleanup, Contractor’s vehicles must always carry enough 1007 petroleum absorbent materials along with a broom and shovel. 1008 5.18 Green and Organic Waste Capacity. Contractor shall use commercially reasonable efforts 1009 to secure guaranteed capacity for all City Green and Organic Waste for the term of the Agreement using a 1010 facility listed in Exhibit 9.
1011 5.19 SB 1383 Universal Roll-Out. City and Contractor acknowledge that Contractor’s Organic 1012 Materials Collection routes must be expanded to satisfy the requirements of the SB 1383 Regulations. 1013 Beginning October 1, 2024 all new customers will be provided base level of collection service including 1014 Recycling Container, Organics Container and Garbage Container collection service. Between October 1, 1015 2024 and March 31, 2025, Contractor shall continue to expand its Organic Materials collection service to 1016 existing customers within City. By April 1, 2025, Contractor shall provide Organic Materials collection service 1017 to all of its customers within City who are subscribed to and pay for Solid Waste collection service, unless (i) 1018 the customer is categorically exempted under City’s municipal code from the requirement to subscribe for 1019 Organic Materials collection service, (ii) the customer qualifies for and is granted a State- or City-issued 1020 waiver, or (iii) the customer refuses organics service. Contractor will work with customers to appropriately 1021 size collection containers such that source-separation of all materials is possible without any overflow of 1022 material, and if any disputes arise or overages occur, the City will make the final determination on proper 1023 container size.
1024 5.20 Regulations and Record Keeping. Contractor must comply with emergency notification 1025 procedures required by Applicable Laws and regulatory requirements. All records required by regulations 1026 must be maintained at Contractor’s facility. These records must include waste manifests, waste inventories, 1027 waste characterization records, inspection records, incident reports, and training records. 1028 Article 6. Collection Service Rates
1029 6.01 Collection Service Rates. Contractor is solely responsible for determining the rates it will 1030 charge for providing the Integrated Waste Management Services, provided that Contractor shall not charge 1031 any Service Recipient an amount that exceeds the applicable Maximum Service Rate set forth in Exhibit 1, 1032 which may only be adjusted as provided in this Agreement. 1033 6.02 Senior / Low-Income Discount as Contractor’s Good Will. In exchange for the good will of 1034 the City and the general public, Contractor voluntarily agrees to discount the rate it charges for Integrated 1035 Waste Management Services provide to eligible Service Recipients (the “Discount”) and that the Discount 1036 shall neither impact the Maximum Service Rates nor be otherwise paid for or subsidized by any other Service 1037 Recipients. Contractor shall make the Discount available to any person who demonstrates through
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1038 appropriate documentation that they are: (i) 65 years of age or older; or (ii) a person of low, lower, or extremely 1039 low income, and enrolled in a discounted utility program; and (iii) the service account holder; and (iv) the head 1040 of household and occupant at the Service Unit address. Within thirty (30) days of the Effective Date, 1041 Contractor shall provide educational materials describing and explaining the availability and how to qualify for 1042 and receive the Discount to all persons in the City currently subscribed to a discount rate program. Contractor 1043 shall thereafter advertise the availability of the Discounted services on its website throughout the Term of this 1044 Agreement and at least once per year by direct notice to all SFD Service Recipients. Adjustments to Maximum 1045 Service Rates using CPI. Beginning on July 1, 2025, and annually thereafter, Contractor shall, subject to 1046 compliance with all provisions of this Section, receive an annual adjustment to the Maximum Service Rates 1047 as set forth in Exhibit 1 to this Agreement.
1048 6.03 Maximum Service Rate Adjustment / Prop 218 Process. The Maximum Service Rates in 1049 Exhibit 1 shall be adjusted on July 1, 2025, and annually thereafter in accordance with Section 6.04. No other 1050 adjustments shall be made except as provided in Sections 6.06 or 31.01. Contractor understands and agrees 1051 that City may elect to or be required to comply with California Constitution Article XIII D (Proposition 218) or 1052 other Applicable Law before approving any new maximum service rate or any maximum service rate increase. 1053 City shall not be in breach of this Agreement if its residents lawfully delay or prevent City from raising or 1054 imposing the rates. In such an event, City and Contractor shall meet in good faith to consider alternatives 1055 and options, which may include permitting Contractor to terminate the Agreement without cause. All costs 1056 incurred in providing notices required under California Constitution Article XIII D or other applicable law in 1057 connection with a rate adjustment shall be paid by Contractor. 1058 6.03.1 CPI Adjustment Calculation. For Rate Year 2026, beginning on July 1, 2025, and 1059 for subsequent years thereafter, the rates shall be adjusted based on one hundred percent (100%) of the 1060 12-month average change in the CPI for the 12-month period published immediately prior to the rate 1061 application. Therefore, the first rate adjustment effective July 1, 2025, will be based on the percentage 1062 change between the 12-month average of the CPI from January 1, 2023 through December 31, 2023, and 1063 the 12-month average of the CPI from January 1, 2024 through December 31, 2024. The index to be used 1064 shall be the series CUSR0000SEHG02, Garbage and trash collection in U.S. city average, all urban 1065 consumers, seasonally adjusted.
1066 6.03.2 Annual Rate Cap on Maximum Service Rates. In any Rate Year that the calculation 1067 of the CPI exceeds three and one-half percent (3.50%), the total adjustment for that year will equal three 1068 and one-half percent (3.50%) and there will be no rollover amount added to the rate adjustment percentage 1069 in the following year, or any subsequent year. If the CPI is negative, there will be no CPI adjustment for that 1070 year.
1071 6.03.3 Rounding. Adjustments to the overall Service Rates shall be made only in units of 1072 one cent ($0.01). Fractions of less than one cent ($0.01) shall not be considered in making adjustments. All 1073 CPI indices shall be rounded at two (2) decimal places for the adjustment calculations. 1074 6.03.4 Maximum Service Rate Adjustment Report. On or before March 1 of each year of 1075 the Term, Contractor shall deliver to City a report on its proposed adjustment to the Maximum Service Rates 1076 for the subsequent calendar year (the “Adjustment Report”). The Adjustment Report shall be in a format as
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1077 may be mutually agreed on between the City and Contractor and must contain or be accompanied by 1078 Contractor’s adjustment calculations for the specific services performed under this Agreement during the 1079 preceding Agreement Year in Microsoft Excel or other electronic format acceptable to the City. Contractor 1080 shall be solely responsible for the cost of preparing the Adjustment Report. 1081 6.03.4.1 Corrections. In the event the City determines the Adjustment 1082 Report contains substantial errors or omissions, Contractor shall, at its sole cost, provide a corrected report 1083 to the City. A corrected report submitted after March 1, shall be treated as a late report. 1084 6.03.4.2 Late Report. If Contractor fails to submit the Adjustment Report by 1085 March 1, the City may: (1) accept and consider the late Adjustment Report if the City, in its sole and 1086 reasonable discretion, deems there is sufficient time to review and approve the proposed adjustment in 1087 time for it to be implemented on July 1; or (2) accept and consider the late Adjustment Report at its earliest 1088 convenience, in which case any approved rate adjustment shall only go into effect prospectively thirty (30) 1089 days after the City’s approval. In no event shall Contractor apply any rate adjustment retroactively. 1090 6.03.4.3 No Report. If Contractor fails to provide any Adjustment Report, 1091 the Maximum Service Rate shall remain unchanged for the next calendar year. 1092 6.04 City Approval. If Contractor provides a timely Adjustment Report, the City Manager shall 1093 notify Contractor on or before June 1 whether the City has approved the requested adjustments to the 1094 Maximum Service Rates for the next Rate Year. Approval of the City Council shall be required for any 1095 requested rate adjustment of more than three and one-half percent (3.50%) which shall only be permitted 1096 pursuant to Section 6.06 [Extraordinary Adjustment] below. The City Manager may approve all other requests 1097 or refer them to the City Council at his or her discretion. 1098 6.05 Contractor payment for CPI review. Contractor shall be responsible for paying the cost of 1099 reviewing the annual CPI adjustment in the amount of Fifteen Thousand ($15,000) per year. If the City 1100 determines that Contractor has made substantial errors and has not properly submitted or correctly calculated 1101 the CPI adjustment, the City may add additional costs up to Fifteen Thousand ($15,000) to conduct a second 1102 review and analysis.
1103 6.06 Extraordinary Adjustments. Contractor and City acknowledge that there may be infrequent 1104 extraordinary events, including Change of Law, which, although they do not prevent either party from 1105 performing, and thus do not implicate the force majeure provisions hereof, nevertheless increase the cost of 1106 providing services above the Section 6.04 Maximum Service Rate Adjustment. The obligation of the parties 1107 in such event is to act reasonably toward each other in arriving at an appropriate adjustment in rates. 1108 Accordingly, at its option, Contractor may apply to the City not more frequently than once every three calendar 1109 years, for an extraordinary rate adjustment should an event or circumstance arise which negatively impacts 1110 the economic operation of Contractor and which is in excess of the rate adjustment resulting from the 1111 application of Section 6.04. An extraordinary adjustment in rates will be deemed justified if it is necessary for 1112 the Contractor to make a substantial change in its operations, or substantial capital expenditure or investment 1113 to perform its obligations under this Agreement due to the occurrence of an event or circumstance which is
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1114 beyond the reasonable control of Contractor. Extraordinary rate adjustments shall only be effective after 1115 approval by the City Council.
1116 6.06.1 Contractor’s Burden. In the event of such an application for an extraordinary rate 1117 increase, it is understood that the Contractor shall have the burden of demonstrating to the reasonable 1118 satisfaction of the City the basis for the extraordinary increase cost. Contractor shall bear the burden of 1119 justifying its request and shall be solely responsible for the cost of preparing and submitting sufficient 1120 documentation in support of its request. City in its sole reasonable discretion may request Contractor to 1121 provide any additional information it deems necessary to fully evaluate the request, and Contractor shall be 1122 solely responsible for the cost to of providing such additional information. Contractor shall allow City to review 1123 a report of its annual revenues and expenses for the services provided in the City. City shall have the right 1124 to review this information in connection with the City’s review of Contractor’s extraordinary rate adjustment 1125 request. With respect to any Financial Statements or any other non-public information (“Confidential 1126 Information”), City agrees that: (a) it will hold in confidence all Confidential Information; (b) it will restrict the 1127 disclosure of Confidential Information within its own organization and to its agents or representatives who 1128 need to know the Confidential Information for the purposes of the request; (c) it will not disclose Confidential 1129 Information to any third party, excepting those subject to subsection (b), without the prior written consent of 1130 the Disclosing Parties; (d) it will not possess, copy and/or reproduce any written or electronically stored 1131 Confidential Information without the prior written approval of the Contractor; and e) it will not use Confidential 1132 Information except as required for consideration of the request. City may consider increases or decreases 1133 in Contractor’s total revenues and total cost of services when reviewing an extraordinary rate adjustment 1134 request. The City will inform the Contractor upon receiving a California Public Records Act request or a 1135 subpoena for the Confidential Information by written notice delivered to the Contractor (“Notice”). The 1136 Contractor will have five (5) days from the date of the Notice to inform the City in writing of its intent to assert 1137 its confidentiality rights under this Agreement. The Contractor will have fifteen (15) days from the date of the 1138 Notice to seek judicial assistance to prevent the disclosure of the Confidential Information. If the Contractor 1139 fails to act within the five (5) or fifteen (15) day windows described above, the City may disclose the 1140 requested Confidential Information to the requestor or subpoenaing party. In the event Contractor seeks a 1141 court order to stay or enjoining the disclosure of the Records, Contractor agrees to indemnify and hold 1142 harmless the City, its Council, elected and appointed board or commission members, officers, employees, 1143 volunteers and agents (collectively, "Indemnities") from and against any and all loss, liability, penalty, 1144 forfeiture, claim, demand, action, proceeding or suit in law or equity of any and every kind and description, 1145 whether judicial, quasi-judicial or administrative in nature, arising or resulting from or in any way connected 1146 with the subject CPRA or FOIA request for the Records. For the purposes of this Section 6.06.1, “Records” 1147 shall mean records created or maintained by Contractor in accordance with this Agreement, including those 1148 records that may include Financial Statements or Confidential Information of Contractor. This Indemnity 1149 shall survive the expiration or termination of this Agreement. 1150 6.06.2 Review Costs. At the time of its request, Contractor shall also submit a payment to 1151 the City of Twenty-Five Thousand Dollars ($25,000) to defray the City’s costs to review the request. In the 1152 event the City’s reasonable costs exceed that amount, Contractor shall reimburse the City for any 1153 documented amount in excess.
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1154 6.06.3 Meet and Confer. The City and Contractor agree to meet and confer regarding the 1155 request and to negotiate in good faith regarding the appropriateness of the requested adjustment. 1156 6.06.4 City Review; Approval. City shall review the Contractor’s request and, in the City’s 1157 sole and reasonable judgment, make the final determination as to whether an adjustment to the Maximum 1158 Service Rates will be made, and, if an adjustment is permitted, the appropriate amount of the adjustment. 1159 Approval of the City Council shall be required for any Extraordinary Adjustments. The City shall notify 1160 Contractor of its decision within ninety (90) calendar days regarding whether it accepts Contractor’s request. 1161 Except as provided herein, any such change approved by the City shall not be implemented until January 1 1162 of the next Rate Year unless a different time frame is approved by the City Council. 1163 6.07 Procedures in Event of Invalidation of Rate Adjustment. In the event that City is unable by 1164 operation of Applicable Law to approve or implement a rate increase under this Article 6, or some or all of the 1165 Maximum Service Rates are disallowed by operation of Applicable Law, Contractor will have the right, within 1166 thirty (30) days after notice of any such inability to approve or invalidation of an approved rate increase, to 1167 request, in writing, that City negotiate in good faith regarding reductions in programs, services, or fees to 1168 compensate for any negative impact from the unapproved or invalidated rate increase. If City fails to 1169 commence negotiations in good faith or negotiations are not completed within forty-five (45) days following 1170 the date of receipt of Contractor’s request, either party may terminate this Agreement no earlier than one 1171 hundred and eighty (180) days after written notice to the other. 1172 6.08 Market Rate Review. Commencing on or about October 1, 2028, and then not more than 1173 once every five (5) years thereafter, the City shall have the right to conduct a Market Rate Review (MRR) 1174 for purposes of evaluating the City’s Residential and Commercial rates, net of franchise fees, to other 1175 comparable jurisdictions set forth below, which have been agreed upon by the Parties. 1176 § Comparable Jurisdictions to be included prior to execution of Agreement 1177 Within sixty (60) days of Contractor’s receipt of a letter from City initiating the MRR, Contractor will 1178 gather the necessary records and will perform the following calculations and report the results to the City. 1179 Contractor shall make all records used to make the calculation available for review and verification by City 1180 or City’s consultant.
1181 6.08.1 Residential Weighted Average Rate Comparison 1182 1. Adjust the residential rates for the City and the Comparative Jurisdictions 1183 to back out the portion of the rates associated with franchise fees. 1184 2. Calculate the weighted average residential rate for the City and the 1185 Comparative Jurisdictions.
1186 3. Compare the City’s weighted average residential rate to the weighted 1187 average residential rates of the Comparative Jurisdictions.
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1188 4. If the City’s weighted average residential rate is less than or equal to the 1189 weighted average residential rate of the Comparative Jurisdictions then the City’s residential rate may be 1190 adjusted as authorized provided for in this Agreement, as provided in Section 6.03. 1191 5. If the City’s weighted average residential rate is more than the weighted 1192 average residential rate of the Comparative Jurisdictions then City’s residential rates may not be adjusted 1193 as otherwise provided for in this Agreement until the City’s weighted average residential rate is less than or 1194 equal to the weighted average residential rate of the Comparative Jurisdictions.
Example Resulting in City Rates Higher than Average of Comparable Jurisdictions 96-gal Rate Franchise Fee Adjusted Rate
Step 1: City Rate $40.00 17.90% $32.84
Comparable Jurisdiction 1 $40.00 15% $34.00
Comparable Jurisdiction 2 $30.00 20% $24.00
Comparable Jurisdiction 3 $45.00 10% $40.50
Comparable Jurisdiction 4 $35.00 15% $29.75
Comparable Jurisdiction 5 $32.00 20% $25.60
Step 2: Average of City's Rate: $32.84
Average of Comparable Jurisdictions' Rates: $30.77
Step 3: City's rate compared to Average of Comparisons: $2.07 more than average
Step 4: Does not apply because City average is higher than the average of comparable jurisdictions.
Step 5: No change to customer rates will apply as provided in 6.03 until the average City rate of $32.84 is less than or equal to the weighted average of comparable jurisdictions currently $30.77 in this example. 1195
Example Resulting in City Rates Lower than Average of Comparable Jurisdictions 96-gal Rate Franchise Fee Adjusted Rate
Step 1: City Rate $40.00 17.90% $32.84
Comparable Jurisdiction 1 $45.00 15% $38.25
Comparable Jurisdiction 2 $35.00 20% $28.00
Comparable Jurisdiction 3 $45.00 10% $40.50
Comparable Jurisdiction 4 $40.00 15% $34.00
Comparable Jurisdiction 5 $50.00 20% $40.00
Step 2: Average of City's Rate: $32.84
Average of Comparable Jurisdictions' Rates: $36.15
Step 3: City's rate compared to Average of Comparisons: -$3.31 Less than average
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Step 4: Because the City's average of $32.84 is lower than the average of comparable jurisdictions of $36.15, the annual CPI adjustment may be applied as provided in Section 6.03.
Step 5: Does not apply because the City average is lower than the average of comparable jurisdictions. 1196 6.08.2 Commercial 3-Yard Bin Serviced One Time per Week Rate Comparison 1197 1. Compare the City’s rate for a 3-yard trash bin rate serviced one time per week to 1198 the rate for a 3-yard trash bin serviced one time per week in each of the Comparable Jurisdictions. 1199 2. If the City’s rate for a 3-yard trash bin serviced one time per week is less than or 1200 equal to the highest rate for a 3-yard trash bin serviced one time per week in the Comparative Jurisdictions 1201 then City’s commercial rates may be adjusted as otherwise provided for in this Agreement. 1202 3. If the City’s rate for a 3-yard trash bin serviced one time per week is more than the 1203 highest rate for a 3-yard trash bin serviced one time per week in the Comparative Jurisdictions then City’s 1204 Commercial rates may not be increased as otherwise provided for in this Agreement until the City’s rate for 1205 a 3-yard trash bin serviced one time per week is less than or equal to the highest rate for a 3-yard trash bin 1206 serviced one time per week in the Comparative Jurisdictions. 1207 6.08.3 Manure Serviced One Time per Week Rate Comparison 1208 1. Compare the City’s rate for a 96-gallon manure cart rate and 2-yard manure bin 1209 rate serviced one time per week to the rate for a 96-gallon manure cart rate and 2-yard manure bin rate 1210 serviced one time per week in each of the Comparable Jurisdictions. 1211 2. If the City’s rate for a 96-gallon manure cart rate and 2-yard manure bin rate 1212 serviced one time per week is less than or equal to the highest rate for a 96-gallon manure cart rate and 2- 1213 yard manure bin rate serviced one time per week in the Comparative Jurisdictions then City’s manure rates 1214 may be adjusted as otherwise provided for in this Agreement. 1215 3. If the City’s rate for a 96-gallon manure cart rate and 2-yard manure bin rate 1216 serviced one time per week is more than the highest rate for a 96-gallon manure cart rate and 2-yard 1217 manure bin rate serviced one time per week in the Comparative Jurisdictions then City’s manure rates may 1218 not be increased as otherwise provided for in this Agreement until the City’s rate for a 96-gallon manure 1219 cart rate and 2-yard manure bin rate serviced one time per week is less than or equal to the highest rate 1220 for a 96-gallon manure cart rate and 2-yard manure bin rate serviced one time per week in the Comparative 1221 Jurisdictions.
1222 Article 7. Collection Service Billing
1223 7.01 Responsibility for Collection Service Billing and Collection. Contractor shall be solely 1224 responsible for the billing and collecting payments for the Integrated Waste Management Services it provides 1225 within the Service Area.
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1226 7.02 Invoices. Contractor shall prepare and send out invoices, by either U.S. mail or electronic 1227 mail, to each Service Recipient in advance of all services provided by Contractor under this Agreement. If 1228 sent by mail, invoices for each billing period shall be placed in a separate envelope accompanied by a self1229 addressed return envelope. All invoices shall include Contractor’s e-mail address include directions for 1230 payment by payment by check, credit card, or Automated Clearing House (ACH) debit, and shall include or 1231 be accompanied by a complete billing statement showing all charges and all services provided. City shall 1232 have the right to direct Contractor to revise the format of all invoices and billing statements upon reasonable 1233 notice to Contractor.
1234 7.03 Timing; Frequency. Contractor shall not initiate billing to any Service Unit sooner than the 1235 first day of the service period of Collections Services covered by the invoice. Contractor shall invoice Service 1236 Recipients once every month for Commercial Service Units, MFD Service Units and MXD Service Units and 1237 once every Quarter for SFD Service Units. No invoice shall be due and payable sooner than the last day of 1238 the respective month or Quarter for which Integrated Waste Management Services are provided. 1239 7.04 Partial Month Service. If, during a month, a Service Unit is added to or deleted from 1240 Contractor’s Service Area, Contractor shall pro-rate billing to the Service Recipient on a weekly basis, 1241 meaning one-fourth of the applicable rate found in Exhibit 1 multiplied by the number of weeks of service 1242 provided by Contractor.
1243 7.05 Overpayments. Contractor shall refund or issue a service credit for overpayments by 1244 Service Recipients no later than 30 days after Contractor discovers or is notified of the overpayment. 1245 Contractor shall refund every overpayment that: (1) exceeds two hundred dollars ($200.00) or the amount of 1246 Service Recipient’s typical invoice, whichever is less; or (2) is due to the Service Recipient closing the account 1247 prior to the end of the billing period. Contractor may issue a service credit of no more than two (2) years 1248 against future invoices for all other overpayments. 1249 7.06 Delinquent Service Accounts. Contractor shall report all Service Recipients whose 1250 accounts are delinquent by more than ninety (90 days) to the Agreement Administrator on a monthly basis. 1251 7.07 Contractor’s Reservation of Legal Rights and Remedies. Notwithstanding any other 1252 provision of this Article, Contractor reserves its right to, and may take such action as is legally available to 1253 Contractor, to collect or cause collection of past due invoice amounts; provided, however, that Contractor 1254 shall never discontinue Integrated Waste Management Services to any Service Unit except upon thirty (30) 1255 days prior written notice to both the Service Recipient and the Agreement Administrator. Contractor may send 1256 a written notice to Service Recipient regarding payments of Billings during the billed service period. 1257 Article 8. Diversion Requirements
1258 8.01 Warranties and Representations. Contractor warrants that it is aware of and familiar with 1259 City's waste stream, and that it has the ability, and shall use commercially reasonable efforts to provide and 1260 employ sufficient programs and services to ensure City will meet or exceed City’s Diversion goals 1261 requirements (including, without limitation, amounts of Solid Waste to be Diverted, time frames for Diversion, 1262 and any other requirements) as set forth in this Article, Applicable Law, and CalRecycle Regulations, and that
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1263 Contractor will do so without imposing any costs or fees other than those set forth in Exhibit 1, except as 1264 provided in Section 31.01.1. Contractor hereby agrees to assist the City to meet or exceed, on an annual 1265 basis the Diversion Compliance by undertaking the actions set forth in Section 8.02. 1266 8.02 Contractor Required Actions. Contractor shall take all of the following actions to assist the 1267 City in meeting, on an annual basis, Diversion Compliance:
1268 8.02.1 Except for Organic Waste collected from homeless encampments or material 1269 subject to quarantine by the California Department of Food & Agriculture, and except as provided in Sections 1270 5.06 and 5.10, collect and deliver all Organic Waste to an approved Organics Processing Facility for 1271 processing and Diversion.
1272 8.02.2 Except as provided in Sections 5.06 and 5.10, Collect and deliver all Recyclable 1273 Materials to an approved MRF, or other certified recycling facility, for processing. 1274 8.02.3 Collect and deliver all Garbage to an approved Disposal Facility. 1275 8.02.4 Collect and deliver all Construction and Demolition Debris to an approved MRF (or 1276 other certified C&D facility that meets California requirements of 65% minimum diversion) for processing and 1277 diversion.
1278 8.02.5 Collect and deliver all Manure to an approved Facility for processing and diversion. 1279 8.02.6 Deliver all material set out for collection in Carts, Bins or Roll-Off Containers 1280 identified as containing source separated Recyclable Material to an approved MRF for processing and 1281 diversion.
1282 8.02.7 Deliver all material set out for collection in Carts, Bins or Roll-Off Containers 1283 identified as containing source separated Organic Waste to an approved Organic Waste Processing Facility 1284 for processing and diversion.
1285 8.02.8 Only Residual or material in Garbage Carts or Garbage Bins will be delivered to the 1286 approved landfill for disposal. All other material must go to the designated facility for full processing and 1287 diversion, with Residual only going to the landfill after the processing. 1288 8.02.9 Contractor must take all commercially reasonable and lawful actions to maximize 1289 diversion of materials from landfills.
1290 8.02.10 Contractor must develop and provide sufficient accurate information and data as 1291 necessary to ensure that Contractor and City annually demonstrate Diversion Compliance to CalRecycle. 1292 8.02.11 Contractor must implement public education and outreach programs as required 1293 under this Agreement.
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1294 8.03 Annual Reporting. Contractor shall calculate the Diversion Compliance Rate on an annual 1295 basis and shall deliver a written report regarding the same to the City no later than February 14 of the year 1296 following the reporting period as set forth in Section 23.04. 1297 8.04 Failure of Recyclables Market. Notwithstanding any other provision of this Agreement to 1298 the contrary, where CalRecycle has determined that there are no commercially viable markets for a specific 1299 type of Recyclable Materials, or with written notice to City, Contractor is unable to identify a market for one or 1300 more Recyclable Materials despite the exercise of commercially reasonable efforts to process and market 1301 the material, and determines to dispose of the Recyclable Material(s), such a determination shall not 1302 constitute a failure to implement service, a failure to implement a program, or an event of default hereunder. 1303 8.05 Failure to Meet Franchised Diversion Rate. If CalRecycle determines that City has failed 1304 to meet the Diversion Compliance due to Contractor’s failure to undertake the actions described in this 1305 Section, Contractor must prepare, at Contractor’s cost and expense, and submit a corrective action plan to 1306 City sufficient to demonstrate good faith efforts by City to comply with Diversion Compliance and that is 1307 otherwise acceptable to CalRecycle, and shall be subject to Administrative Charges as allowed under Article 1308 26 and specified in Exhibit 6. Contractor must also submit a written corrective action plan to the City before 1309 March 15 of the year following the missed minimum Diversion requirement. Contractor’s corrective action 1310 plan must specify all actions Contractor will take to ensure it will meet Diversion Compliance Rates in the 1311 future, and shall be subject to the review and approval by the Agreement Administrator. Contractor must 1312 implement all measures identified in the corrective action plan at its sole cost and expense, unless the failure 1313 to meet Diversion Compliance was due to a Change in Law or due to the negligent acts or omissions of the 1314 City. If Contractor fails to submit an adequate corrective action plan or to fully implement a City-approved 1315 corrective action plan, it shall subject Contractor to Administrative Charges as allowed under Article 26 and 1316 specified in Exhibit 6 in addition to any other remedies available to the City. 1317 8.06 Representations and Warranties. Contractor represents and warrants that it is aware of 1318 and familiar with the Diversion Compliance, the Applicable Laws and City's waste stream. Contractor 1319 represents and warrants that it has the capacity, skill and ability to undertake the actions identified in Section 1320 8.02 above without imposing any costs or fees other than those set forth in the Schedule of Service Rates, 1321 as may be adjusted as provided for in this Agreement. Where the Diversion Compliance is modified by a 1322 Change in Law, Contractor agrees to develop and implement such actions, programs and measures as are 1323 necessary to bring City into compliance with the modified Diversion Compliance and City agrees that it will 1324 meet and confer with Contactor for a period not to exceed ninety (90) days regarding such actions, programs 1325 and measures, their implementation, and adjustments to rates reasonably necessary to effectuate same in 1326 accordance with Section 31.01.
1327 8.07 Mutual Cooperation. City and Contractor shall each reasonably cooperate in good faith 1328 with all efforts of the other Party to meet City's Diversion requirements under Applicable Law and the 1329 Contractor’s obligations under this Article. City's obligations in this regard shall include, without limitation, 1330 making such petitions and applications as may be reasonably requested by Contractor for time extensions in 1331 meeting Diversion goals, or other exceptions from the terms of Applicable Laws, and to agree to authorize 1332 such changes to Contractor’s Recycling, Organic Waste, Manure, or Solid Waste programs as may be 1333 reasonably requested by Contractor in order to achieve the minimum requirements of this Article.