Section 25. Indemnification and Insurance 25.1 Indemnification re Certain Challenges to Agreement. Contractor, upon demand of the City, made by and through the City Attorney, shall indemnify, hold harmless, protect City and appear in and defend the City and its elected officials, officers, employees and agents, in any claims or actions by third parties, whether judicial, administrative or otherwise, including, but not limited to disputes and litigation over the definitions of “Solid Waste” or “Recyclable Materials”, asserting rights under the dormant Commerce Clause or any other federal or state law, including, but not limited to the anti-trust laws with respect to the provision of Integrated Solid Waste Collection, Processing and Disposal Services in the City, and challenges to the certification or implementation, imposition, adjustment or collection of any rate, interest, penalty or other fee under the Agreement. This provision shall survive the expiration of the period during which collection services are to be provided under this Agreement. City and Contractor agree to confer following any trial to decide jointly whether to appeal or to oppose any appeal. In the event City and Contractor agree to appeal, or to oppose any appeal, City and Contractor agree to share equally the costs of appeals. Should either City or Contractor decide to appeal, or to oppose an appeal, and the other decide not to appeal, or to oppose an appeal, the party which decides to appeal, or to oppose an appeal, shall bear all fees and costs of the appeal or the opposition to the appeal. 25.1.1 Mutual Defense Regarding Certain Challenges to Agreement. In the event this Agreement, its approval, or its implementation, or the limits of City’s authority with respect to the grant of the Franchise is challenged on the basis that it, or any of the payments made by Contractor to City, whether individually or collectively, is invalid or is otherwise contrary to the law as an impermissible general tax, special tax, assessment, or fee requiring compliance with any provision of Article XIII of the California Constitution, the various enabling and implementing statutes related to that Article, or any of the judicial decisions interpreting that Article and the enabling and implementing statutes, the Parties agree to conduct a joint and coordinated defense of such action making collective decisions regarding litigation strategy including decisions regarding motions, discovery, settlement, and trial. Each Parties agrees to bear its own costs of defense and shall have the right to choice their own independent legal counsel, provided that nothing herein prohibits the Parties from agreeing to retain one or more legal counsel to jointly represent and defend the Parties. In the event of an adverse legal determination or settlement of such action, the parties agree to cooperate and work in good faith to prepare such amendments or alternatives to the Agreement that will implement the original intent of the Parties while complying with any adverse legal determination or settlement.
Packet Page.
1220
City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.
25.2 Environmental Indemnification and Compliance. Contractor shall indemnify, defend, protect and hold harmless City, its elected officials, officers, employees, volunteers, agents, assigns and any successor or successors to City’s interest from and against all claims, actual damages (including but not limited to special and consequential damages), natural resources damages, punitive damages, injuries, costs, response, remediation and removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties and expenses (including but not limited to attorneys’ and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, City or its elected officials, officers, employees, volunteers or agents arising from or attributable to any repair, cleanup or detoxification, or preparation and implementation of any removal, remedial, response, closure or other plan (regardless of whether undertaken due to governmental action) concerning any Hazardous Waste (including Household Hazardous Waste and Universal Waste) in any Solid Waste, Recyclable Material or Organic Waste collected by Contractor pursuant to this Agreement, which is or has been transported, transferred, processed, stored, disposed of or which has otherwise come to be located by Contractor, or its activities pursuant to this Agreement result in a release of a Hazardous Waste (including Household Hazardous Waste and Universal Waste)into the environment. 25.3 General Indemnification. Except in those cases when this Agreement requires City to indemnity, defend and hold harmless Contractor and it officers, employees and agents, Contractor further agrees to indemnify, defend, protect and hold harmless City, its elected officials, officers, employees, volunteers, agents, assigns and any successor or successors to City’s interest from and against all losses, liabilities, claims, actual damages (including but not limited to special and consequential damages), demands, debts, liens, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties and expenses (including but not limited to attorneys’ and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, City or its elected officials, officers, employees, volunteers or agents arising from or attributable to any act or omission of Contractor or its officer, employees or agents in the performance or failure to perform the services required under this Agreement, and/or failure by Contractor to fully comply with all applicable laws and regulations with respect to the operation of its collection vehicles, including, but not limited to applicable rules governing clean-burning and alternative fuel vehicles. 25.4 Effect of Environmental Indemnification. This indemnity is intended to operate as an agreement pursuant to § 107(e) of the Comprehensive Environmental
Packet Page.
1221
City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.
Response, Compensation and Liability Act, “CERCLA,” 42 U.S.C. § 9607(e), and California Health and Safety Code § 25364, to defend, protect, hold harmless and indemnify City from all forms of liability under CERCLA, RCRA, other statutes or common law for any and all matters addressed in paragraph B. This provision shall survive the expiration of the period during which collection services are to be provided under this Agreement. 25.5 Prospective Application of Indemnities. The indemnities and obligations to protect, defend and hold harmless provided by Contractor to City under Sections 25.1, 25.2, 25.3, and 25.4 are prospective to the Effective Date of this Agreement. The indemnities and obligations to protect, defend and hold harmless City shall not be interpreted to apply to City’s own acts and omissions in the provision of Comprehensive Solid Waste Service but solely to the acts and omissions of Contractor, its owners, directors, officers, agents and employees. 25.6 Compliance with Laws. Contractor warrants that it will comply with all applicable laws and implementing regulations, as they may be amended, specifically including, but not limited to RCRA, CERCLA, AB 341, AB 575, AB 939, AB 1594, AB 1826, SB 20, and SB 50, and all other applicable laws and regulations of the U.S. Environmental Protection Agency, the State of California, the County of San Bernardino, the California Air Resources Board, CalRecycle, the California Department of Toxic Substances Control, ordinances of the City and the requirements of Local Enforcement Agencies and all other agencies with jurisdiction. 25.7 Workers’ Compensation Insurance. Contractor shall obtain and maintain in full force and effect throughout the entire Term of this Agreement full workers’ compensation insurance in accord with the provisions and requirements of the Labor Code of the State of California. Copies of policies and endorsements that implement the required coverage shall be filed and maintained with the City Clerk throughout the term of this Agreement. Should any of the above described policies be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions. The policy shall also be amended to waive all rights of subrogation against the City, its elected or appointed officials, employees, or agents for losses that arise from work performed by the named insured for the City. 25.8 Liability and Vehicle Insurance. Contractor shall obtain and maintain in full force and effect throughout the entire Term of this Agreement a Broad Form Comprehensive General Liability (occurrence) policy (form CG 0001) and an Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, Code 1 (any auto) policy with minimum limits of Twenty Million Dollars ($20,000,000) aggregate and Five Million Dollars ($5,000,000) per occurrence, per year. Said insurance shall protect Contractor and City from any claims for damages for bodily
Packet Page.
1222
City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.
injury, including accidental death, as well as from any claims for property damage which may arise from this Agreement. Copies of the policies and endorsements evidencing the above required insurance coverage shall be filed with the City Clerk. 25.9 Required Language In Policies. The following language is required to be made a part of all of the insurance policies (except for Workers Compensation Insurance) required by this Section: “The City of San Bernardino, its employees, agents, franchisees and officers, are hereby added as additional insured’s as respects to liability arising out of activities performed by or on behalf of Contractor “This policy shall be considered primary insurance as respects any other valid and collectible insurance the City may possess including any self-insured retention the City may have and any other insurance the City does possess shall be considered excess insurance and shall not contribute with it.” “This policy shall act for each insured, as though a separate policy had been written for each. This, however, will not act to increase the limit of liability of the insuring company.” 25.10 Pollution and/or Environmental Impairment Liability Insurance. Contractor shall obtain and maintain in full force and effect for the entire Term of this Agreement, a Pollution and/or Environmental Impairment Liability policy covering liability arising from the release of Hazardous Waste, or other contaminants, pollutants or irritants with minimum limits of Six Million Dollars ($6,000,000) aggregate and Six Million Dollars ($6,000,000) per occurrence, per year. Contractor shall ensure that such coverage shall automatically broaden in its form of coverage to include legislated changes in the definition of Hazardous Waste. The policy shall stipulate that this insurance is primary and no other insurance carried by City will be called upon to contribute to a loss suffered by Contractor hereunder and shall waive subrogation against City and other additional insureds. 25.11 Required Rating. The insurance required by this Agreement shall be with insurers which are Best A: VII-rated and which are California-admitted. The limits of such insurance coverage, and companies, shall be subject to review and approval by the City’s Risk Manager every year and may be increased at that time and match the coverage provided by the City’s own liability insurance policy. The City shall be included as a named insured on each of the policies. The insurance required by this Agreement is in addition to and not in lieu or limitation of the indemnification provisions in Section 25.1, 25.2, 25.3 and 25.4 above. 25.12 Evidence of Insurance Coverage; Insurance Repository. Contemporaneously with the execution of this Agreement, Contractor shall file copies of
Packet Page.
1223
City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.
the policies or executed endorsements evidencing the above required insurance coverage with the City Clerk. In addition, City shall have the right of inspection of all insurance policies required by this Agreement. Contractor also agrees to maintain copies of insurance policies required pursuant to this Agreement for seven (7 years) after the end of the term during which collection services were provided pursuant to this Agreement. Contractor shall notify City’s Risk Manager and City Attorney before destroying copies of such policies. This provision shall survive the expiration of the period during which collection services are to be provided under this Agreement. 25.13 Self-Insurance. To the extent provided by law, all or any part of any required insurance may be provided under a plan of self-insurance approved by the State of California. 25.14 Reduction of CERCLA and Other Liability. City and Contractor agree to meet annually in the fourth calendar quarter of each year to discuss ways to reduce potential CERCLA and other liabilities to third parties. Section 26. Performance Bonds Concurrent with the execution of this Agreement, Contractor shall deposit with City a Performance Bond or an irrevocable letter of credit or other such document (Performance Bond), from an institution satisfactory to City, in a form satisfactory to City’s Risk Manager and City Attorney, evidencing an irrevocable commitment to City guaranteeing Contractor’s faithful performance of the terms of this Agreement. The amount of the Performance Bond shall be Four Millions Dollars ($4,000,000) during the first Agreement Year, and shall be Two Million Dollars ($2,000,000) each year thereafter for the term of this Agreement City. Such Performance Bond shall be maintained in effect throughout the period during which collection services are to be provided pursuant to this Agreement. 26.1 Upon Contractor’s failure to pay the City an amount owing under this Agreement, the Performance Bond may be assessed by the City, for purposes including, but not limited to: 26.1.1 Failure of Contractor to pay the City sums due under the terms of the Agreement; 26.1.2 Reimbursement of costs borne by the City to correct breaches not corrected by Contractor, after due notice; 26.1.3 Monetary remedies or damages assessed against Contractor due to breach of this Agreement; or 26.1.4 To satisfy an order of the referee
Packet Page.
1224
City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.
26.2 Contractor shall deposit a sum of money or a replacement instrument sufficient to restore the Performance Bond to the original amount within thirty days after notice from the City that any amount has been withdrawn from the Performance Bond. 26.3 All of City’s costs of collection and enforcement of the provisions relating to the Performance Bond called for by this Section, including City’s attorneys’ fees and costs, shall be paid by Contractor Section 27. Emergency Service 27.1 Should Contractor, for any reason whatsoever, except the occurrence or existence of any of the events or conditions set forth in Section 33.1, “Force Majeure,” below, refuse or be unable for a period of more than forty-eight (48) hours, to collect a material portion or all of the Solid Waste which it is obligated under this Agreement to collect, and as a result, Solid Waste should accumulate in City to such an extent, in such a manner, or for such a time that the City Manager, in the exercise of the City Manager’s sole discretion, should find that such accumulation results in any imminent and substantial threat to the public health, safety or welfare, then City shall have the right to contract with another solid waste enterprise to collect and transport any or all Solid Waste which Contractor is obligated to collect and transport pursuant to this Agreement. City shall provide twenty-four (24) hours prior written notice to Contractor during the period of such emergency, before contracting with another solid waste enterprise to collect and transport any or all Solid Waste which Contractor would otherwise collect and transport pursuant to this Agreement, for the duration of period during which Contractor is unable to provide such services. In such event Contractor shall identify sources from which such substitute Solid Waste services are immediately available, and shall reimburse City for all of its expenses for such substitute services during period in which Contractor is unable to provide collection and transportation services required by this Agreement. See also Section 33.1, below. 27.2 Contractor shall assist City in the event of terrorist attack or major disaster, such as an earthquake, storm, tsunami, riot or civil disturbance, by providing collection vehicles and drivers normally assigned to the City, at Contractor’s actual costs. Disputes with respect to Contractor’s emergency services or the costs of those services shall be resolved according to the dispute resolution provisions of Section 28 and Section 29 of this Agreement. Contractor shall cooperate with City, county, state and federal officials in filing information related to a regional, state or federally-declared state of emergency or disaster or terrorist attack as to which Contractor has provided equipment and drivers pursuant to this Agreement.
Packet Page.
1225
City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.
Section 28. Administrative Remedies; Imposition of Damages; Termination 28.1 Notice; Response; Resolution; Appeal. 28.1.1 Notice of Deficiencies; Response. If City’s Representative determines that Contractor’s performance pursuant to this Agreement may not be in conformity with the provisions of this Agreement, the California Integrated Waste Management Act (including, but not limited to, requirements for diversion, source reduction and recycling as to the waste stream subject to this Agreement) or any other applicable federal, state or local law or regulation, including but not limited to, the laws governing transfer, storage or disposal of solid and Hazardous Waste, the City Representative may advise Contractor in writing of such suspected deficiencies, specifying the deficiency in reasonable detail. The City Representative, in any written notification of deficiencies, shall set a reasonable time within which Contractor is to respond. Unless the circumstances necessitate correction and response within a shorter period of time, Contractor shall correct any deficiencies it agrees have occurred and in any event shall respond to the written notification of deficiencies within thirty days from the receipt by Contractor of such written notice. Contractor may request additional time to correct deficiencies. City shall approve reasonable requests for additional time. 28.1.2 Review by City Representative; Notice of Appeal. a) The City Representative shall review any written response from Contractor and decide the matter. If the City Representative’s decision is adverse to Contractor, the City Representative may order remedial actions to cure any deficiencies, assess the Performance Bond or invoke any other remedy in accordance with this Agreement and, in the event the City Representative determines that there has been a material breach and that termination is the appropriate remedy, terminate the Agreement. The City Representative shall promptly inform Contractor of the City Representative’s decision. In the event the decision is adverse to Contractor, the City Representative shall inform Contractor, in writing, of the specific facts found and evidence relied on, and the legal basis in provisions of the Agreement or other laws for the City Representative’s decision and any remedial action taken or ordered. An adverse decision by the City Representative shall be final and conclusive unless Contractor files a “Notice of Appeal” with the City Clerk (with copies to the
Packet Page.
1226
City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.
City Manager and City Attorney) within 30 days of receipt of the notification of the adverse decision by the City Representative. b) In any “Notice of Appeal” Contractor shall state its factual contentions and include all relevant affidavits, documents, photographs and videotapes which Contractor desires to have considered by City. In addition, Contractor shall include all of its legal contentions, citing provisions of the Agreement or other laws to support its contentions. 28.1.3 Review by City Manager; Appeal. a) Within thirty days of receipt by the City Clerk of a Notice of Appeal, the City Manager shall decide the matter. If the City Manager’s decision is adverse to Contractor, the City Manager may order remedial actions to cure any deficiencies, assess the Performance Bond or invoke any other remedy in accordance with this Agreement and, in the event the City Manager determines that there has been a material breach and that termination is the appropriate remedy, terminate the Agreement. In addition to the foregoing actions, the City Manager may refer the matter to the City Council for proceedings in accordance with Section 28.2 and Section 28.3, below. The City Manager shall promptly inform Contractor of the City Manager’s decision. In the event the City Manager’s decision is adverse to Contractor, the City Manager shall inform Contractor, in writing, of the specific facts found and evidence relied on, and the legal basis in provisions of the Agreement or other laws for the City Manager’s decision and any remedial action taken or ordered. b) An adverse decision by the City Manager shall be final and conclusive unless Contractor files a “Notice of Appeal to the City Council” with the City Clerk (and serves a copy, by mail, on the City Manager and the City Attorney) within 10 calendar days of receipt of the decision of the City Manager. A “Notice of Appeal to the City Council” shall state the factual basis, the evidence relied on and all legal contentions that Contractor may choose to submit. No new evidence not previously submitted in accordance with Section 28.1.2b) may be submitted.
Packet Page.
1227
City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.
28.2 City Council Hearing. If a matter is referred by the City Manager to the City Council, or an adverse decision of the City Manager is appealed to the City Council by Contractor, the City Council will set the matter for an administrative hearing and act on the matter. The City Clerk shall give Contractor fourteen (14) days written notice of the time and place of the administrative hearing. At the hearing, the City Council shall consider the administrative record, consisting of the following: 28.2.1 A Staff Report by the City Manager, summarizing the proceedings to date and outlining the City Council’s options; 28.2.2 The City Representative’s written Notification of Deficiencies; 28.2.3 Contractor’s response to the Notification of Deficiencies; 28.2.4 The City Representative’s written notification to Contractor of adverse decision; 28.2.5 Contractor’s Notice of Appeal to the City Manager; 28.2.6 The City Manager’s written notification to Contractor of adverse decision; and 28.2.7 Contractor’s Notice of Appeal to the City Council. No new legal issues may be raised, nor may new evidence be submitted by Contractor at this or at any further point in the proceedings, absent a showing of good cause. Contractor’s representatives and other interested persons shall have a reasonable opportunity to be heard. 28.3 City Council Determination. Based on the administrative record, the Council shall determine by resolution whether the decision or order of the City Manager should be upheld. If, based upon the administrative record, the City Council determines that Contractor is in breach of any term of this Agreement or any provision of any applicable federal, state or local statute or regulation, the City Council, in the exercise of its discretion, may order Contractor to take remedial actions to cure the breach or impose any other remedy in accordance with this Agreement. The City Council may not terminate the Agreement unless it determines that Contractor is in material breach of a material term of this Agreement or any material provision of any applicable federal, state or local statute or regulation. Contractor’s performance under the Agreement is not excused during the period of time prior to a final determination as to whether or not Contractor’s performance is in material breach of this Agreement, or the time set by City for Contractor to discontinue a portion or all of its services pursuant to this Agreement. The decision or order of the City Council shall be final and conclusive unless Contractor files a “Notice of Appeal to Referee” with the City Clerk (and serves copies, by mail, on
Packet Page.
1228
City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.
the City Manager and the City Attorney) within 10 business days of receipt of the decision or order of the City Council. With the exception of draws on the Performance Bond, the execution of City’s remedies shall be stayed until Contractor has exhausted its appeals under Section 28 and Section 29 of this Agreement. 28.4 Notice of Appeal to Referee. Except as otherwise provided in this Agreement, Contractor may appeal any decision, order or action by the City Council or City Manager under this Section 28, as provided in Section 29, below, by filing a Notice of Appeal to Referee with the City Clerk within ten business days of receipt of the decision by the City Manager or City Council and following the procedures set forth in Section 29, below. In the case of a rate adjustment request made pursuant to Section 21, but not approved by the City, Contractor’s sole remedy shall be as specified in Section 21. 28.5 Reservation of Rights by City. City further reserves the right to terminate this Agreement in the event of any material breach of this Agreement, including, but not limited to any of the following: 28.5.1 If Contractor practices, or attempts to practice, any fraud or deceit upon the City, or practiced any fraud or deceit or made any intentional misrepresentations in the negotiations which preceded the execution of this Agreement provided that City has provided Contractor with written notice of the alleged fraud or deceit and afforded Contractor a reasonable opportunity to refute and defend itself against such charge or claim; 28.5.2 If Contractor is convicted of, or pleads guilty, no contest, or nolo contender to a felony related to this Agreement. 28.5.3 As used in this Section, the term “Contractor” shall mean only the following: (a) the owner(s) of Contractor (whether shareholders, partners, or otherwise), (b) the members of Contractor’s Board of Directors; and (c) Contractor’s President, Chief Executive Officer, Chief Financial Officer, Chief Operations Officer, and/or the Secretary. 28.6 Cumulative Rights. City’s rights of termination are in addition to any other rights of City upon a failure of Contractor to perform its obligations under this Agreement. Section 29. Referral to Referee; Hearing Procedures Either party to this Agreement at any time after exhaustion of administrative remedies, and following the appeal procedure set forth in Section 28, if applicable, may refer a disputed matter for resolution under this Section 29 in the following manner. 29.1 Applicability. If either the City Manager or the City Council refers a matter to a referee, or Contractor appeals or refers a matter to a referee, the provisions of this
Packet Page.
1229
City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.
Section shall apply in order to obtain prompt and expeditious resolution of any and all disputes arising out of this Agreement. 29.2 Reference of Dispute. Any dispute seeking damages and any dispute seeking equitable relief, such as but not limited to specific enforcement of any provision hereof, shall be heard and determined by a referee pursuant to California Code of Civil Procedure §§ 638-645.1. The venue of any proceeding hereunder shall be in San Bernardino County, California. 29.2.1 Procedure for Appointment. The party seeking to resolve the dispute shall file in court and serve on the other party a complaint describing the matters in dispute. Service of the complaint shall be as prescribed by law. Within not more than fifteen business days after the date of service, the parties shall apply to the Judicial Arbitration and Mediation Service (“JAMS”) of San Bernardino County to nominate a minimum of five prospective referees. If the parties are unable to approve a referee from the JAMS panel within ten business days after written request to do so by any party, then the parties, starting with City, shall alternate in striking one prospective referee at a time until only one referee remains. 29.2.2 Ex Parte Communications Prohibited. Neither party may communicate separately with the referee after the referee has been selected. All subsequent communications between a party and a referee shall be delivered simultaneously to the other party. This provision shall not apply to communications made to schedule a hearing or request a continuance or to confidential mediation or settlement briefs that the parties have agreed to submit to the referee. 29.2.3 Cooperation. The parties shall cooperate diligently with one another and the referee and shall perform such acts as may be necessary to obtain a prompt and expeditious resolution of the dispute. If either party refuses to cooperate diligently, and the other party, after first giving notice of its intent to rely on the provisions of this Section 29, incurs additional expenses or attorneys’ fees solely as a result of such failure to diligently cooperate, or incurs expenses or attorney’s fees and costs as a result of the other party’s violation of Code of Civil Procedure § 128.5, the referee may award such additional expenses and attorneys’ fee to the party giving such notice, even if such party is not the prevailing party in the dispute. 29.2.4 Discovery. The referee shall set a discovery schedule and shall schedule the matter for hearing within 60 days of filing, unless City and Contractor agree otherwise, or unless the referee shall determine otherwise. Any party to the hearing may issue a request to compel reasonable document production from the
Packet Page.
1230
City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.
other party, subject to the limitations of Section 22, limiting evidence to the administrative record. Disputes concerning the scope of document production and enforcement of document requests shall be subject to agreement by the parties, or if agreement is not reached within twenty (20) days of a document request, then by disposition by order of the referee. Any document request shall be subject to the proprietary rights and rights of privilege of the parties, and the referee shall adopt procedures to protect such rights. Except as may be agreed by the parties, or ordered by the referee, no other form of discovery shall be available to the parties. 29.2.5 Standards for Decision. The provisions of California Code of Civil Procedure, §§ 640, 641, 642, 643, 644 and 645 shall be applicable to dispute resolution by a referee hereunder. In an effort to clarify and amplify the provisions of California Code of Civil Procedure, §§ 644 and 645, the parties agree that the referee shall decide issues of fact and law submitted by the parties for decision in the same manner as required for a trial by court as set forth in California Code of Civil Procedure, §§ 631.8 and 632, and California Rules of Court, Rule 232. The referee shall try and decide the dispute according to all of the substantive and procedural law of the state of California, unless the parties stipulate to the contrary. 29.2.6 Evidence and Findings. The referee shall consider the administrative record, including the Notice of Deficiencies, Contractor’s response to the Notice of Deficiencies, the decision of the City Representative, the Notice of Appeal, the decision of the City Manager, the Notice of Appeal to the City Council, and the decision of the City Council, in addition to other relevant evidence. Before issuing findings, the Referee shall submit a proposed ruling, setting forth proposed findings of fact and conclusions of law, to counsel for the Parties, for comment. When the referee has decided the dispute, the referee shall also cause the preparation of a judgment based on said decision. 29.2.7 Remedial Authority. A referee to whom a matter is referred shall have the authority to (i) order either party to undertake remedial action to cure the breach and to prevent occurrence of similar breaches in the future; (ii) assess damages and/or levy a penalty consistent with the terms of this Agreement or (iii) find there has been no breach. 29.2.8 Stay Pending Entry of Final Judgment. Except as provided in Section 26.3 with respect to draws on a Performance Bond, until final judgment is entered from the referee proceeding under the foregoing provisions and the time for appeal or other post-judgment petition has expired, the imposition or enforcement of any penalties or sanctions provided in this Agreement and related
Packet Page.
1231
City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.
to the subject matter of the hearing shall be stayed. The referee may modify or cancel any proposed penalties or sanctions upon a finding that the party subject thereto acted with substantial justification, or if the interests of justice so require. 29.2.9 Allocation of Referee’s Costs. The referee’s costs for the proceeding shall be apportioned by the referee. The costs of the proceeding shall be borne equally by the parties to the dispute initially, but the prevailing party in such proceeding shall be entitled to recover reasonable costs of the referee as apportioned by the referee. If either party refuses to pay its share of the costs of the proceeding, at the time(s) required, the other party may do so, in which event that party will be entitled to recover (or offset) the amount advanced, with interest at the maximum rate permitted by law, even if that party is not the prevailing party. The referee shall include such costs in the judgment or award. 29.3 Decision. The decision of the referee may be excepted to in accordance with Code of Civil Procedure § 645. Section 30. City’s Additional Remedies In addition to the remedies set forth above. City shall have the following rights: 30.1 Contracts with Others. The right to contract with others to perform the services otherwise to be performed by Contractor, in the event Contractor should be in material breach of its duties to provide those services, or is otherwise unable to provide the services addressed by this Agreement. 30.2 Damages and/or Injunctive Relief. Both parties recognize and agree that in the event of a breach under the terms of this Agreement by Contractor, City may suffer irreparable injury and incalculable damages sufficient to support injunctive relief to enforce the provisions of this Agreement and to enjoin the breach. 30.3 City’s Damages for Failure to Achieve Diversion Requirements. Contractor agrees that its failure to achieve the diversion requirements set forth in Section 5, arising from failure to make reasonable efforts to maximize diversion in accordance with the terms and conditions of this Agreement, or its breach of the requirements of Section 5.1.1 related to waste diversion, shall be a material breach of this Agreement. If CalRecycle, or its successor agency, were to impose administrative civil penalties against City, then the City’s damages for Contractor’s material breach in its failure to achieve the diversion goals for the City as required by this Agreement, shall include, but not be limited to such administrative civil penalties, attorneys’ costs and fees and City’s staff time devoted to the resolution of the administrative civil penalties against City.
Packet Page.
1232
City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.
30.4 Liquidated Damages. The parties further acknowledge that consistent and reliable collection service is of utmost importance to City and that City has considered and relied on Contractor's representations as to its quality of service commitment in awarding the Agreement to it. The parties further recognize that some quantified standards of performance are necessary and appropriate to ensure consistent and reliable service and performance. The parties further recognize that if Contractor fails to achieve the performance standards, or fails to submit required documents in a timely manner, City, and City’s residents and businesses will suffer damages and that it is and will be impractical and extremely difficult to ascertain and determine the exact amount of damages. Therefore, in addition to City’s right to treat such non-performance as a breach of this Agreement, the parties agree that the liquidated damages amount defined in this Section may represent reasonable estimates of the amount of such damages considering all of the circumstances existing on the effective date of this Agreement, including the relationship of the sums to the range of harm to City, customers and the community as a whole that reasonably could be anticipated and the anticipation that proof of actual damages would be costly or impractical. In placing their initials at the places provided, each party specifically confirms the accuracy of the statements made above and the fact that each party has had ample opportunity to consult with legal counsel and obtain an explanation of the liquidated damage provisions at the time that the Agreement was made. 30.5 Procedure for Review of Liquidated Damages. If the City elects not to terminate this Agreement for breach, the City Representative may assess liquidated damages pursuant to this Section on a monthly basis. At the end of each month during the term of this Agreement, the City Representative shall issue a written notice to Contractor (“Notice of Assessment”) of the liquidated damages assessed and the basis for each assessment. 30.5.1 The assessment shall become final unless, within ten (10) calendar days of the date of the notice of assessment, Contractor provides a written request for a meeting with the City Manager to present evidence that the assessment should not be made. 30.5.2 The City Representative shall schedule a meeting between Contractor and the City Manager or the Manager’s designee as soon as reasonably possible after timely receipt of Contractor’s request. 30.5.3 The City Manager or the Manager’s designee shall review Contractor’s evidence and render a decision sustaining or reversing the liquidated damages as soon as reasonably possible after the meeting. Written notice of the decision shall be provided to Contractor.
Packet Page.
1233
City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.
30.5.4 In the event Contractor does not submit a written request for a meeting within ten (10) calendar days of the date of the Notice of Assessment, the City Representative’s determination shall be final and Contractor shall submit payment to City no later than that tenth (10th) day 30.5.5 City’s assessment or collection of liquidated damages shall not prevent City from exercising any other right or remedy, including the right to terminate this Agreement, for Contractor’s failure to perform the work and services in the manner set forth in this Agreement. Contractor agrees to pay (as liquidated damages and not as penalty) the following amounts: LIQUIDATED DAMAGES Item Amount a. Failure or neglect to address each complaint by the close of the next working day. $100 per incident per Service Recipient. b. Failure to address concerns regarding maintaining the collection equipment in a clean, and sanitary manner. $100 per incident per day. c. Failure to have a vehicle operator properly licensed. $100 per incident per day. d. Failure to maintain office hours as required by this Agreement. $100 per incident per day. e. Failure to maintain or timely submit to City all documents and reports required under the provisions of this Agreement. $100 per incident per day. f. Failure to display Contractor’s name and customer service phone number on collection vehicles. $100 per incident per day. g. Failure to collect a missed collection by close of the next work day upon notice to Contractor. $100 per incident per day. h. Failure to repair or replace damaged Carts or Bins within the time required by this Agreement. $100 per incident per day. i. Failure to deliver or exchange Carts or Bins within the time required by this Agreement. $100 per incident per day. j. Failure to meet vehicle noise requirements. $100 per incident per day. k. Failure to maintain collection hours as required by this Agreement without prior City approval. $250 per incident per day.
Packet Page.
1234
City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.
LIQUIDATED DAMAGES Item Amount l. Failure to offer and provide adequate facility processing capacity of Recyclable Materials and Organic Waste. $250 per incident per day. m. Failure to have field personnel in company/contractor uniform. $250 per incident per day. n. Failure to repair damage to customer property caused by Contractor or its personnel. $500 per incident per location. o. Failure to repair damage to City property caused by Contractor or its personnel. $500 per incident. p. Failure to clean up spillage or litter caused by Contractor. $500 per incident per location. q. Failure to properly cover materials in roll-off containers during transport. $500 per incident. r. Changing residential collection days without proper notification to the City Representative. $500 per incident per day. r. Commingling Solid Waste with Recyclable Materials, with the exception of contaminated recyclables $500 per incident. s. Disposal of Recyclable Materials or Organic Waste in the landfill without first obtaining the required permission of the City. $500 per load. t. Failure to deliver any collected materials to a non-permitted Disposal Facility, Materials Recovery Facility, or Organic Waste Processing Facility, as appropriate, except as otherwise expressly provided in this Agreement. $5,000 each failure.
u. Commingling of materials collected inside and outside the City of San Bernardino. $1,000 per incident. v. Failure to meet and maintain minimum annual Diversion Guarantee for two consecutive years. $50 per ton for each ton under the minimum requirements. w. Failure to remove graffiti as specified in Section 6.10. $100 per Container per day. x. Failure to sweep a street after notification by City that street had not been swept in accordance with established schedule or sweeping did not meet generally accepted industry standards for sweeping. $500 per block or lot.
Packet Page.
1235
City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.
Section 31. Billing Audit and Performance Reviews 31.1 Selection and Cost. The City may conduct billing audit and performance reviews (“reviews”) of the Contractor’s performance during the term of this Agreement, but not more often than one every 3 calendar years. The reviews, if performed, will be by a qualified firm under contract to the City. The City shall have the final responsibility for the selection of the firm but shall seek and accept comments and recommendations from the Contractor. The Contractor shall be responsible for the cost of one (1) review up to a maximum of Seventy Thousand Dollars ($70,000.00), with the exception of reviews required in accordance with Section 31.3, the cost for additional Billing Audits and Performance Reviews will be the responsibility of the City. 31.1.1 Purpose. The review shall be designed to verify that customer billing rates have been properly calculated and they correspond to the level of service received by the customer, verify that Franchise Fees, and other fees required under this Agreement have been properly calculated and paid to the City, verify Contractor’s compliance with the reporting requirements and performance standards of the Collection Service Agreement, and verify the diversion percentages reported by the Contractor. The City (or its designated consultant) may utilize a variety of methods in the execution of the performance review and billing audit, including analysis of relevant documents, on-site and field observations, and interviews. The City (or its designated consultant) will review and document the items in the Agreement that require the Contractor to meet specific performance standards, submit information or reports, perform additional services, or document operating procedures, that can be objectively evaluated. This information will be formatted in a “compliance checklist” with supporting documentation and findings tracked for each of the identified items. The review will specifically include a determination of the Contractor’s compliance with the diversion requirements of Section 5 and Exhibit 7, and the public outreach and education requirements of Section 14 and Exhibit 6. The City (or its designated consultant) may review the customer service functions and structure utilized by the Contractor. This may include the Contractor’s protocol for addressing customer complaints and service interruption procedures. Complaint logs may be reviewed, along with procedures and systems for tracking and addressing complaints. On-site and field observations by the City (or its designated consultant) may include, but are not necessarily limited to: a) Interviews and discussions with Contractor’s administration and management personnel;
Packet Page.
1236
City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.
b) Review and observation of Contractor’s customer service functions and structure; c) Review of public education and outreach materials; d) Interviews and discussions with Contractor’s financial and accounting personnel; e) Interviews with route dispatchers, field supervisors and managers; f) Interviews with route drivers; g) Interviews with vehicle maintenance staff and observation of maintenance practices; and h) Review of on-route collection services, including observation of driver performance and collection productivity and visual inspection of residential routes before and after collection to evaluate cart placement and cleanliness of streets 31.2 Contractor’s Cooperation. Contractor shall cooperate fully with the review and provide all requested data, including operational data, financial data and other data requested by the City within thirty (30) Work Days. Failure of the Contractor to cooperate or provide the requested documents in the required time shall be considered an event of default. 31.3 Additional Contractor Paid Billing Audit and Performance Review. In the event that the Billing Audit and Performance Review concludes that Contractor is not in compliance with all terms and conditions of this Agreement and such non-compliance is material, the City may conduct an Additional Billing Audit and Performance Review to ensure that Contractor has cured any such area of non-compliance. Contractor shall be responsible for the cost of any such Additional Billing Audit and Performance Review. 31.4 City Requested Program Review. The City reserves the right to require the Contractor to periodically conduct reviews of the SFD and MFD and Commercial collection programs to assess one or more of the following performance indicators: average volume of recyclable materials per setout per customer, average volume of organics per setout per customer, participation level, contamination levels, etc. Prior to the program evaluation review, City and Contractor shall meet and discuss the purpose of the review and agree on the method, scope, and date to be provided by the Contractor.
Packet Page.
1237
City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.
31.5 Cooperation with Other Program Reviews. If the City wants to collect program data, perform field work, conduct route audits to investigate customer participation levels and setout volumes and/or evaluate and monitor program results related to Solid Waste Recyclable Materials and Organic Waste collected in the City by the Contractor, the Contractor shall cooperate with the City or its agent(s). Contractor shall also cooperate with any waste generation studies conducted by the City or its agent(s). Section 32. Franchise Transfer; City Consent; Fees 32.1 Contractor may not convey, assign, sublet, license, hypothecate, encumber of otherwise transfer or dispose of (collectively “Transfer”), this Agreement, the Franchise granted under it or any rights or duties under it, in whole or in part, whether voluntarily or involuntarily, without the City’s prior written consent as expressed by written resolution of the City Council. Any dissolution, merger, consolidation, or other reorganization of Contractor, except as provided in Section 32.3, below, any sale or other transfer or change in ownership or control of any of the capital stock or other capital or equity interests, or any sale or transfer of fifty percent (50%) or more of the value of the assets shall be deemed a Transfer of this Agreement, the Franchise granted under it or any rights or duties under it. Any Transfer or attempted Transfer of this Agreement, the Franchise granted under it or any rights or duties under it made without the City’s consent will be a material breach of this Agreement and, at the City’s option, may be voided. 32.2 The City will not unreasonably withhold its consent to a Transfer of the Franchise granted by this Agreement. The prospective transferee shall have the burden of demonstrating that it has the financial and technical ability to provide the services required under this Agreement. The City may also require the prospective transferee to demonstrate that it, and its officers and managers do not have criminal records for environmental or public integrity offenses. If the City gives its consent, it may impose conditions, including, without limitation, requiring acceptance of amendments to this Agreement. Without obligating the City to give its consent, the proposed transferee must demonstrate to the City’s satisfaction that it has the operational and financial ability to perform the terms of this Agreement. 32.3 Contractor’s internal reorganization shall not constitute a Transfer provided that City consent to the reorganization is sought and received prior to any internal reorganization. An internal reorganization includes any change in control of any of the voting stock through its conveyance to an affiliate of Contractor, or by operation of law. Any request for an internal reorganization must be submitted in writing to the City Manager, no less than one hundred and twenty days prior to the proposed effective date of the internal reorganization. Contractor shall reimburse City for all of its costs to review
Packet Page.
1238
City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.
the request and to determine if it is an internal reorganization. City’s expenses may include, but are not limited to, Staff, City Attorney’s and Special Counsel’s fees and costs and Accountants’ fees and costs. Determination by the City Manager shall be final. Any attempt to implement an internal reorganization without the consent of City shall constitute a material breach of this Agreement. 32.4 Fees. Any application for a Franchise Transfer shall be made in a manner prescribed by the City Manager. The application shall include a deposit of Five Hundred Thousand Dollars ($500,000) to cover the estimated cost of all direct and indirect expenses, including City staff, consultants’ and attorneys’ fees, incurred by City to adequately analyze the application and the qualifications of the prospective transferee. Any costs incurred by the City in excess of $500,000 shall be reimbursed by the Contractor prior to submission of the proposed transfer to the City Council. In the event that the City’s costs are less than $500,000, City shall retain any unused monies. Section 33. General Provisions 33.1 Force Majeure. Contractor shall not be in breach of this Agreement in the event that the collection, transportation and/or disposal services of Contractor are interrupted temporarily or permanently for any of the following reasons: riots; war or national emergency declared by the President or Congress and affecting the City of San Bernardino; acts of terrorists, sabotage; civil disturbance; insurrection; explosion; natural disasters such as floods, earthquakes, landslides and fires; or other catastrophic events which are beyond the reasonable control of Contractor “Other catastrophic events” does not include the financial inability of Contractor to perform or failure of Contractor to obtain any necessary permits or licenses from other governmental agencies or the right to use the facilities of any public agency where such failure occurs despite the exercise of reasonable diligence by Contractor In the event a labor disturbance interrupts collection and transportation of Solid Waste and/or disposal of Solid Waste by Contractor as required under this Agreement, City may elect to exercise its rights under Section 28 and Section 30 of this Agreement. Failure by City to exercise its rights under this Section shall not be deemed a waiver of its rights under Section 28.5 33.2 Extraordinary Circumstances. Notwithstanding any other term or provision hereof, nothing in this Agreement is intended, nor shall it be interpreted, to prevent or preclude Contractor from contacting City’s officials, officers and representatives to request an amendment to, or other modification of, this Agreement due to the occurrence of an event or circumstance that substantially increases Contractor’s cost of service, or otherwise substantially and negatively impacts Contractor’s provision of services, under this Agreement.
Packet Page.
1239
City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.
33.3 Independent Status. Contractor is an independent entity and not an officer, agent, servant or employee of City. Contractor is solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors, if any. Nothing in this Agreement shall be construed as creating a partnership or joint venture between City and Contractor nor an arrangement for the disposal of Hazardous Wastes. Neither Contractor nor its officers, employees, agents or subcontractors shall obtain any rights to retirement or other benefits, which accrue, to City employees. 33.4 Pavement Damage. In the event where damage to City streets is caused by Contractor’s equipment, Contractor shall be responsible for all repairs to return the street to the same condition prior to the street damage. Repairs shall be performed in a manner satisfactory to the City Representative and at no cost to the City. Disputes between Contractor and its Service Recipients as to damage to private pavement are civil matters and complaints of damage will be referred to Contractor as matters within its sole responsibility and as a matter within the scope of this Agreement. 33.5 Property Damage. Any physical damage caused by the negligent or willful acts or omissions of employees of Contractor to City or private property shall be repaired or replaced by Contractor, at Contractor’s sole expense. Except as provided in Section 25 above, this Agreement does not purport to relieve, diminish, reduce, create or increase in any way, Contractor’s civil liability to any third parties. 33.6 Law to Govern; Venue. The law of the State of California shall govern this Agreement without regard to any otherwise governing principles of conflicts or choice of laws. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of San Bernardino. In the event of litigation in a U.S. District Court exclusive venue shall lie in the Central District of California. 33.7 Fees and Gratuities. Contractor shall not permit any officer, agent or employee to request, solicit, or demand, either directly or indirectly, any gratuity for the collection of Solid Waste, Recyclable Materials, or Organic Waste otherwise required to be collected under this Agreement. 33.8 Amendments. Except as otherwise provided in this Agreement, no other amendment of this Agreement shall be valid unless in writing duly executed by the parties, approved by the City Council by written resolution. Purported oral amendments shall be void and of no force or effect. 33.9 Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered or sent by United States certified mail, postage prepaid, return receipt requested, and by email, addressed as follows:
Packet Page.
1240
City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.
To City: City Manager City of San Bernardino 300 N. “D” Street, 6th Floor San Bernardino, CA 92418 Copy to: City Attorney City of San Bernardino 300 N. “D” Street, 6th Floor San Bernardino, CA 92418 And to: Director of Public Works City of San Bernardino 300 N. “D” Street, 5th Floor San Bernardino, CA 92418 To Contractor: Cole Burr, President Burrtec Waste Industries, Inc. 9890 Cherry Ave Fontana, CA 92335 And by email to: [email protected]] or to such other address as either party may from time to time designate by notice to the other given in accordance with this Section. Notice shall be deemed effective on the date personally served or sent by email, or, if mailed, three (3) business days from the date such notice is deposited in the United States mail. 33.10 Savings Clause and Entirety. If any non-material provision of this Agreement for any reason shall be held to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the validity and enforceability of any of the remaining provisions of this Agreement. 33.11 Construction. The language in all part of this Agreement shall be in all cases construed simply according to the fair meaning thereof and not strictly for or against any of the Parties hereto. 33.12 Pubic Records. All information received by City concerning this Agreement, including the Agreement itself, may be treated as public information subject to disclosure under the provisions of the California Public Records Act, Government Code Section 6250 et seq. (the “Public Records Act”). The Parties understand that although all materials received in connection with this Agreement are intended for the exclusive use of the Parties, they are potentially subject to disclosure under the provisions of the Public Records Act at the sole discretion of the City. 33.13 Transition to Next Solid Waste Enterprise. If in the final 12 months of the period during which Contractor is to provide collection services under this Agreement,
Packet Page.
1241
City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.
Contractor and City have not entered into a succeeding agreement, Contractor shall cooperate fully with City and all prospective subsequent Solid Waste enterprise(s), franchisee(s), licensee(s), permittee(s) or other Person seeking to provide services similar to the Services so as to assure an efficient, orderly, timely and effective transition. In that regard, Contractor agrees to make available to City and to prospective proposers in any competitive process used by the City to select a successor, route maps, customer lists, and all other records requested by City. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. CITY OF SAN BERNARDINO a California Charter City and Municipal Corporation ___________________________________ Jarrod Burguan Interim City Manager ATTEST: ___________________________________ Georgeann "Gigi" Hanna City Clerk APPROVED AS TO FORM: Gary D. Saenz, City Attorney By:___________________________________ CONTRACTOR BURRTEC WASTE INDUSTRIES, INC. By: ________________________________ Cole Burr President
Packet Page.
1242
City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.
This page intentionally left blank.
Packet Page.
1243
City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.
Exhibit 1 Maximum Permitted Service Rates April 1, 2016 – June 30, 2017 SFD/MFD/Commercial Cart Services Service Level/Frequency Monthly Rate Single or Multi-Family Dwelling 1 – 64 or 96 gallon Solid Waste Cart 1 –96 gallon Organic Waste Cart 1 –96 gallon Recyclable Materials Cart $22.84 Mobile Home 1 – 64 or 96 gallon Solid Waste Cart 1 – 96 gallon Organic Waste Cart 1 –96 gallon Recyclable Materials Cart $15.24 Commercial Unit 1 – 64 or 96 gallon Solid Waste Cart 1 – 96 gallon Organic Waste Cart 1 – 96 gallon Recyclable Materials Cart $22.84 Each Additional Solid Waste Cart 64-96 gallon carts $12.96 Each Additional Extra Organic Waste Cart 96 gallon cart $11.35 Additional Recyclable Materials Cart 96 gallon cart $0.00 Solid Waste Bin Services Collection Frequency/Monthly Rate Bin Size 1/week 2/week 3/week 4/week 5/week 6/week Extra Pickup 1-2 CY 112.10 205.31 304.44 401.20 495.60 661.98 25.28 3 CY 119.18 225.56 335.11 440.14 547.51 840.16 27.50 4 CY 130.98 247.80 364.61 480.26 595.90 1,036.04 30.11 6 CY 189.98 362.26 535.71 713.90 876.74 1,014.94 35.68
Packet Page.
1244
City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.
Exhibit 1 Maximum Permitted Service Rates April 1, 2016 – June 30, 2017 Compactor Services Collection Frequency/Monthly Rate Compactor Size 1/week 2/week 3/week 4/week 5/week 6/week Extra Pickup 2 CY 130.98 245.43 361.08 476.71 591.18 786.35 27.50 3-4 CY 154.58 287.91 423.61 553.41 692.65 925.11 30.11 Recycling Bin Services Collection Frequency/Monthly Rate Bin Size 1/week 2/week 3/week 4/week 5/week 6/week 2 - 6 CY Bin $41.50 $83.00 $124.50 $166.50 $208.00 $249.50 Green Waste/Organics Bin Services Collection Frequency/Monthly Rate Bin Size 1/week 2/week 3/week 4/week 5/week Extra Pickup 1-2 CY 107.38 198.24 291.46 384.68 476.71 25.28 3 CY 114.46 215.94 316.24 416.54 515.66 27.50 4 CY 125.08 232.46 341.01 450.76 558.14 30.11 6 CY 143.96 267.86 394.11 505.04 641.91 35.68 Roll-off Services Rate/How Charged Service/Item Rate How Charged 10 – 40 CY Roll-off $335.11 Rate Per Pull
Packet Page.
1245
City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.
Exhibit 1 Maximum Permitted Service Rates April 1, 2016 – June 30, 2017 Recycling Compactor $142.00 Rate Per Pull Water Reclamation Site $115.00 Rate Per Pull Temporary Roll-off $335.11 Rate Per Pull – plus 4 tons of applicable disposal Temporary Green Waste Roll-off $335.11 Rate Per Pull – plus 6 tons of applicable disposal Temporary C&D Roll-off $335.11 Rate Per Pull – plus 6 tons of applicable disposal Temporary Inert Roll-off $335.11 Rate Per Pull – plus 6 tons of applicable disposal Standby-Roll Back $135.70 Per Occurrence (in excess of 15 minutes) Dry Run/Relocate $75.00 Per Occurrence Roll-off Wood (Treated) $102.88 Per Ton Disposal Per Ton $49.05 Per Ton Green Waste Per Ton $48.29 Per Ton Wood Waste Per Ton $42.50 Per Ton Inerts (Clean) $100.00 Per Load Dry Wall $40.28 Per Ton Carpet $50.00 Per Ton Overweight Penalty $12.00 Per Ton Miscellaneous Compactor Repairs $66.91 Per Hour Temporary Bin Services Rate/How Charged Item/Service Rate How Charged 7-day Bin $69.00 Each Occurrence Extra Pick-up 7 Day $69.00 Each Occurrence
Packet Page.
1246
City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.
Exhibit 1 Maximum Permitted Service Rates April 1, 2016 – June 30, 2017 7-day Bin Extension $69.00 Each Occurrence Misc. Services Rate/How Charged Item/Service Rate How Charged Clean-Up Service $36.23 Per each 15 minutes Temporary Bin $69.00 1/month for 3 Cubic Yard Late Set Out (Barrel) $28.75 Per trip On-Call Refuse Pickup $45.00 Each Occurrence 2 - 4 Cubic Yard On-Call Recycling Pickup $35.00 Each Occurrence 2 – 3 Cubic Yard Cart Replacement $74.75 Each Cart/Each Occurrence Lock $17.70 Each Lock/Each Occurrence Bin Enclosure Cleaning $37.16 Each Enclosure/Each Occurrence Bin Roll Out Service $67.26 Monthly Bin Steam Cleaning $37.16 Each Bin/Each Occurrence Rent 2, 3, or 4 CY Bin On-call $69.00 Each Bin/Each Occurrence Rent 3 Yard Tilt Hopper $30.00 Each Tilt Hopper/Each Occurrence Compactor Cleaning $133.34 Each Compactor/Each Occurrence Recycling Contamination $59.00 Each Bin Late Fee 1.5% Per month
Packet Page.
1247
City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.
Exhibit 2 City Facilities Location Address Fire Department Fire Station #221 200 E. 3rd St Fire Station #222 1201 W 9th St Fire Station #223 2121 Medical Center Dr Fire Station #224 2641 N E St Fire Station #225 1640 W Kendall Dr Fire Station #226 1920 N Del Rosa Ave Fire Station #227 282 W 40th St Fire Station #228 3398 E Highland Ave Fire Station #229 202 N Meridian Ave Fire Station #230 502 S Arrowhead Ave Fire Station #231 450 E. Vanderbilt Way Fire Station #232 6065 N Palm Ave Fire Department Automotive Shop 120 D St Police Department Police Department 710 N D St Police Pistol Ranch 1100 E Highland Ave Animal Control 333 W Chandler Pl Parks Department Park & Recreation 1494 E Art Townsend Dr Parks Dept – T 234 S Mtn View Ave CID, TT, Parks Dept 8088 N Palm Ln Lytle Creek Park 300 S. K St Meadowbrook Park 2nd & Mt View Ave Perris Hill Park 1100 E Highland Ave Rio Vista Park 1399 N California St San RI Fields/Nicolson Park 2nd & Meridian Seccombe Park 5th & Belle Hernandez Community Center 222 N Lugo Ave Antil Garden Project 868 E 6th St
Packet Page.
1248
City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.
Exhibit 2 City Facilities Location Address Meadow Nutrition Center 123 N Mtn View Ave Ruben Campos 1717 W 5th St Senior Citizens Ser Center 600 W 5th St Warner-Hodgedon Field 200 E 7th St Al Guhin Park 3650 Little League Dr Little League Doty Field 40th & Waterman Ave Melton Field 300 E 40th St Del Road Little League Park Marshall/Mountain Ave Carl Karper Field #39 3900 Severence Ave Guiterrez Field 1291 W 14th St Palm Field 790 E 6th St Porterfield Little League 226 E 7th St Blair Park 1466 W Marshall Blvd Highland Fields North 1535 Arden Ave Highland Fields South Pacific & Arden Nicholson Community Center 2750 W 2nd St Guadalupe Field 8th & Western Ann Shirrells Park 1367 N California St Ballard Field 1700 W 5th St Mill Community Center 503 E Central Ave Nunez Park 1717 W 5th St Delman Heights Center 2969 N Flores St Speicher Park 1535 Arden Ave Wildwood Elks Field 500 E 40th St Post 777 Little League Marshall/Little Mtn City Yard Central Store/Yards 181 S Pershing Ave Electrical Shop-T 182 S Sierra Way City Garage 182 S Sierra Way
Packet Page.
1249
City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.
Exhibit 2 City Facilities Location Address Paint Shop-T 231 S Pershing Ave Public Works Bldg 231 S Pershing Ave Refuse Yard/Warehouse-R 180 S. Sierra Ave Library Feldheym Central Library 555 W 6th St Rowe Branch Library 108 E Marshall Blvd Villasenor Branch Library 525 N Mt Vernon Blvd Soccer Blast Soccer Field 3500 W Little League Dr Arrowhead Stadium 280 S E St City Hall 300 N D St Pioneer Cemetery 7th & Sierra Way Miscellaneous Norton Air Force Base Gym 1554 E Art Townsend Dr Roosevelt Bowl 1001 E Highland Ave Sturgis Auditorium 780 N E St Homeless Access Center 247 E 7th St Urban Conservation Corp 378 E Orange Show Rd 1291 W 14th St
Packet Page.
1250
City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.
This page intentionally left blank.
Packet Page.
1251
City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.
Exhibit 3 Contractor’s Facilities
Primary Facilities: • San Bernardino Landfill System (Contractor’s preferred disposal site) • Burrtec East Valley Recycling & Transfer Facility • Riverside County Waste System • Salton City Landfill System Backup Facilities: • Burrtec West Valley MRF • Robert A. Nelson MRF/Transfer Station (Agua Mansa MRF) • Other additional facilities upon written notice to the City
Packet Page.
1252
City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.
This page intentionally left blank.
Packet Page.
1253
City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.
Exhibit 4 City Sponsored Events • City Hall Food truck event held every Third Thursday. • Movie in the Park held in June/July held every Wednesday night. • San Bernardino Air and Car Show (October). • Turkey Trot (November). • Hoho Parade (December). • Perris Hill Park Christmas in the Park (December)). • Dump Days (11 days per Agreement Year). • Café Tuesdays. • Downtown Farm Share Market. • Rendezvous Route 66. • Dump Days (11 days per Agreement Year). • Other City Sponsored Events as requested by the City.
Packet Page.
1254
City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.
This page intentionally left blank.
Packet Page.
1255
City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.
Exhibit 5 Transition Plan
SOLID WASTE COLLECTION SERVICES 1. EMPLOYMENT ACTIVITIES Contractor proposes to initiate the recruitment process immediately following award of contract by the City Council. (1) Recruitment. Upon award of the contract, Contractor representatives will distribute an Employment Announcement to City employees who will be displaced by the outsourcing of Solid Waste Collection Services, Street Sweeping Services and Right-Of-Way Clean-Up Services to Contractor. The announcement will detail pay and benefits and describe the employment process. (2) Hiring and Orientation. Following the award of contract to Contractor, all eligible City employees will be offered employment upon successful completion of the following items: a. Criminal and driving background check b. Post offer physical exam c. Drug screening (3) Job Fair. Contractor will host a job fair in San Bernardino for employees and their family. The job fair will provide additional information on Contractor, such as the employee manual, benefit information and give employees and opportunity to talk with management, supervisors and Contractor employees. New hire orientation will be held 7-10 days prior to the contract start date. (4) Start Date as Contractor Employees. On Service Commencement Date, the City’s former IWMD employees will report for work as employees of Contractor retaining their seniority from their original dates of hire with the City. 2. TRANSITION ACTIVITIES The transition period begins with the award of contract and ends thirty (30) days after services have been implemented. (1) Transition Planning. Within five (5) calendar days following contract award, Contractor will meet with the City Staff to discuss the Implementation Plan. (2) Ongoing Transition Team Meetings. Contractor’s transition team liaison will meet with City Staff as needed to report on the progress, activities, and issues that may have surfaced and how the issues have or will be addressed.
Packet Page.
1256
City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.
Exhibit 5 Transition Plan (3) After-Action Meeting. At the conclusion of the transition period, City and Contractor will meet to review the success of the transition as well as plans to address any unresolved matters. 3. OUTREACH ACTIVITIES Contractor currently operates a local office within the City at 5455 Industrial Parkway, 909-889-1969, which shall be utilized in the interim for customer service activities. (1) Contractor Website. The Contractor website (www.burrtec.com) will be updated to provide customers with information about Contractor services, programs and events. (2) Community Meeting. In the month prior to the Service Commencement Date, Contractor will conduct community meetings for purposes of outlining services and answering questions from residents and businesses. (3) Residential Service Brochure. Prior to the Service Commencement Date, Contractor will distribute a service brochure to each residential dwelling receiving individual collection to introduce them to services and promote recycling and organic material diversion. (4) Chamber of Commerce Presentations. In the month prior to the Service Commencement Date, Contractor will contact a local Chamber of Commerce to schedule a presentation on the transition and commercial services offered. (5) Media Advertising. One (1) week prior to the Service Commencement Date, Contractor will publish a print media advertisement to alert the community to the upcoming transition in service providers. 4. CUSTOMER SERVICE ACTIVITIES During the transition, Contractor will utilize its existing, in-City facility located at 5455 Industrial Parkway, San Bernardino, 909-889-1969, [email protected] as its local customer service office. (1) CSR Orientation/Training. Following the award of contract, all Contractor personnel having direct contact with the public will participate in an orientation session to familiarize them with the transition process and services offered in San Bernardino. This training will ensure that all Contractor customer service personnel are familiar with the upcoming services the company will render and can respond intelligently to any inquiry received. (2) Account Information. Contractor will identify all customers and the services rendered to each. a. City Record Upload. Within ten (10) working days of executing the agreement, City will provide and Contractor will upload City’s Customer Management Record
Packet Page.
1257
City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.
Exhibit 5 Transition Plan with the name, service address, billing address, subscribed services, including but not limited to, container size, pick up frequency, and account history. b. Create Contractor CMR. Following the upload of the City’s Customer Management Record, Contractor will create a Contractor Customer Management Record and perform a desktop audit of the records. c. Field Verification. Contractor will visit each Commercial customer service location to verify the presence of containers, inspect container locations including enclosures and note the presence of containers for Recyclable Materials and Organic Materials collection services. 5. OPERATIONAL ACTIVITIES Operational activities are to include all services dealing with collection operations. (1) Collection Vehicles a. Evaluation. Contractor will evaluate City-owned collection vehicle for immediate use and long-term use in the City. b. Vehicle Signage. Contractor will rebrand each vehicle acquired from the City. (2) Containers. a. Residential Carts. i. Labeling. Within the first four (4) weeks following the Service Commencement Date, Contractor personnel will re-brand every BLACK, BLUE and GREEN cart in service by affixing a Contractor identification sticker, with Contractor’s name, website address and telephone number, so as to cover the City’s identification. Additionally, stickers displaying acceptable materials will also be affixed to the lid of each BLUE and GREEN cart. ii. Replacement. Any cart found to be in disrepair will be replaced with a cart employing the same BLACK-BLUE-GREEN color scheme. b. Commercial Bins. i. Labeling. Within the first four (4) weeks following the Service Commencement Date, Contractor personnel will label every bin in service by affixing a Contractor identification sticker, with Contractor’s name, website address and telephone number, so as to cover the City’s identification. Additionally, stickers displaying acceptable materials will also be affixed to front of bins used for collecting Recyclable Materials and Organic Materials. ii. Short-Term Replacement Program. Any bin found to be in disrepair, will be repaired in the field or replaced with a clean and freshly rehabilitated bin. c. Roll-off Boxes and Compactors.
Packet Page.
1258
City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.
Exhibit 5 Transition Plan i. Re-Branding. Within the first four (4) weeks following the Service Commencement Date, Contractor personnel will re-brand every roll-off box by painting and stenciling, and compactors by affixing a Contractor identification sticker, with Contractor’s name and telephone number, so as to cover the City’s identification. Additionally, stickers displaying acceptable materials will also be affixed to front of compactors used for exclusively collecting Recyclable Materials and Organic Materials. ii. Refurbishing. Any roll-off box or Contractor-owned compactor found to be in disrepair will be repaired or replaced with a clean and freshly rehabilitated replacement unit. (3) Routing. i. City Route Lists & Maps. Within ten (10) days of executing the agreement, City IWMD will provide Contractor with its complete route lists and route map.
Packet Page.
1259
City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.
Exhibit 6 Public Education & Outreach Plan 1. PRE-STARTUP PROGRAMS The following public education and outreach activities will be performed prior to the Service Commencement Date. (1) Contractor Website. The Contractor website (www.burrtec.com) will be updated to provide customers with information about Contractor services, programs and events. (2) Chamber of Commerce. In the month prior to the Service Commencement Date, Contractor will contact a local Chamber of Commerce to schedule a presentation on the transition and commercial services offered. (3) City Council Update(s). At the City’s request, Contractor will provide periodic service updates to the City Council. (4) Community Meeting. In the month prior to the Service Commencement Date, Contractor will conduct community meetings for purposes of outlining services and answering questions from residents and businesses. (5) Media Advertising. One (1) week prior to the Service Commencement Date, Contractor will publish a print media advertisement to alert the community to the upcoming service transition. (6) Residential Brochure. Prior to the Service Commencement Date, Contractor will distribute a brochure to each residential dwelling receiving individual collection to introduce residents to the services and to promote recycling and organic material recycling. 2. POST-STARTUP PROGRAMS The following public education and outreach activities will be performed following the Service Commencement Date. (1) Acceptable Materials Labels. Commencing with the Service Commencement Date, as a part of the container rebranding procedure, labels describing the materials accepted for recycling will be affixed to every container (carts and bins) used for collecting Recyclable Materials and Organic Materials. 3. ONGOING PROGRAMS The following public education and outreach activities will be performed on an ongoing basis throughout the term of the contract. (1) Community Events. Contractor will provide the personnel, equipment, collection services, promotional items, and cardboard trash and recycling boxes, at no charge, in a continuing effort to support City programs and events and to promote recycling
Packet Page.
1260
City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.
Exhibit 6 Public Education & Outreach Plan awareness to the public. Community events include those as listed in Exhibit 4. (2) City’s Program and Grant Funding. Public education and outreach activities which focus on beverage container recycling, used motor oil recycling, household hazardous waste disposal and waste tire collection, and are centered around such events as residential community clean-up days, Earth Day events, Public Works Week and the Orange Show Festival. (3) School Outreach. School programs will be contingent on subscribing to City services. (4) Customer Feedback. Information regarding disposal and diversion efforts will be used to give feedback to residential neighborhood organizations and commercial customers about rates of participation, contamination, waste generation and diversion. (5) Product Stewardship. Contractor will encourage residents to donate or exchange reusable items to local thrift stores and/or second hand establishments rather than discarding them. (6) Residential Newsletters. Newsletters will be mailed to residents on a quarterly basis. The newsletters will remind residents what is accepted for recycling, advise them of holiday schedules, bulky waste pickup, waste and recycling events, community events, and special waste handling topics like sharps, used motor oil and electronic waste. (7) Key Accounts. As a part of Mandatory Commercial Recycling (AB 341) and Mandatory Commercial Organics Recycling (AB 1826) programs, Contractor staff will identify key accounts such as property managers, multi-family site managers, and major commercial and industrial properties and develop outreach efforts designed to engage greater participation in these State-mandated programs. (8) Other Education & Outreach Efforts. Throughout the term of the contract, Contractor staff will work cooperatively with the City to monitor the effectiveness of existing public education and outreach programs and to identify and develop new public education and outreach programs as might be necessary to meet diversion targets. 4. SCHEDULE & QUANTITY OF MATERIAL (1) Brochures. Contractor will distribute brochures describing services, proper use of carts, and acceptable materials to all residential cart before the Service Commencement Date. Brochures will also be distributed to new customers when a change in occupancy is noted. (2) Newsletters. Contractor will distribute newsletters to Residential customers on a quarterly basis. Commercial newsletters will be distributed to coincide with special program notices such as AB 341 and AB 1826 on a semi-annual basis.
Packet Page.
1261
City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.
Exhibit 7 Diversion Plan
This Diversion Plan describes Contractor’s the strategic approach to increase the City’s overall diversion rate. RESIDENTIAL SECTOR Current residential programs will be augmented by: (1) Brochures/Newsletters. Re-energizing the programs by re-introducing the concepts of single-stream recycling and green waste diversion through full color bilingual brochures distributed to every residential customer. (2) Move-In Service. Collection of recyclable materials such as flattened cardboard and packing paper that would exceed the capacity of the recycling cart. (3) Public Education/Outreach. The following activities will be performed on an ongoing basis throughout the term of the agreement: a. Community Events. Contractor will provide the personnel, equipment, collection services, promotional items, and cardboard trash and recycling boxes, at no charge, in a continuing effort to support City programs and events and to promote recycling awareness to the public. Examples of events include, but are not limited to Café Tuesdays, Third Thursday Food Fest, Downtown Farm Share Market, Movie Night in the Park and Rendezvous Route 66. b. City’s Program and Grant Funding. Public education and outreach activities which focus on beverage container recycling, used motor oil recycling, household hazardous waste disposal and waste tire collection, and are centered around such events as residential community clean-up days, Earth Day events, Public Works Week and the Orange Show Festival. c. School Outreach. School programs will be contingent on subscribing to City services. d. Customer Feedback. Information regarding disposal and diversion efforts will be used to give feedback to residential neighborhood organizations and commercial customers about rates of participation, contamination, waste generation and diversion. e. Product Stewardship. Contractor will encourage residents to donate or exchange reusable items to local thrift stores and/or second hand establishments rather than discarding them. f. Residential Newsletters. Newsletters will be mailed to residents on a quarterly basis. The newsletters will remind residents what is accepted
Packet Page.
1262
City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.
Exhibit 7 Diversion Plan for recycling, advise them of holiday schedules, bulky waste pickup, waste and recycling events, community events, and special waste handling topics like sharps, used motor oil and electronic waste. g. Key Accounts. As a part of Mandatory Commercial Recycling (AB 341) and Mandatory Commercial Organics Recycling (AB 1826) programs, Contractor staff will identify key accounts such as property managers, multi-family site managers, and major commercial and industrial properties and develop outreach efforts designed to engage greater participation in these State-mandated programs. h. Other Education & Outreach Efforts. Throughout the term of the contract, Contractor staff will work cooperatively with the City to monitor the effectiveness of existing public education and outreach programs and to identify and develop new public education and outreach programs as might be necessary to meet diversion targets. COMMERCIAL SECTOR Contractor proposes to increase diversion from Commercial sources by: (1) AB 341 Recycling Programs. Contractor will identify and report to the City annually on the AB 341 compliance status of each business. Contractor’s recycling coordinator will work with each non-compliant business to establish programs. (AB 341 defines “business” as any commercial entity, public entity such as a school or hospital, and multi-family dwelling of five (5) units or more.) (2) Recycling Rebates. Commercial establishments that generate large quantities of source-separated Recyclable Materials may be offered rebates based on the net value of the commodity. (3) Organic Materials / AB 1826 Compliance. Contractor will identify and report to the City on the businesses impacted by AB 1826. Contractor’s recycling coordinator will work with affected businesses to establish services that comply with the law. INDUSTRIAL SECTOR Contractor will to increase diversion from the Industrial sector by: (1) AB 341 Recycling Programs. (Previously described.) (2) Recycling Rebates. (Previously described.) (3) Organic Materials / Mandatory Commercial Organics Recycling Law. (Previously described.) (4) Construction & Demolition Waste.
Packet Page.
1263
City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.
Exhibit 7 Diversion Plan a. Source-Separated Collection. Contractor will provide multiple containers on large job sites to enable developer/contractors to source-separate materials. Job sites with limited space might also source-separate material using containers phased to match the construction progress, i.e., rock, inerts, concrete & wood for demolition and flatwork phases, wood for framing phases, plastics & metals for plumbing, electrical & ducting phases, drywall for wall phases, carpet remnants, cardboard for HVAC, appliance and finish phases. b. Mixed C&D Processing. Contractor will provide containers for mixed construction & demolition roll-off processing. Below are Contractor’s diversion targets by service sector and date Year Refuse Disposal Target Green Waste Diversion Target Recyclables Diversion Target Total Solid Waste Generated Diversion Rate Target Current 150,000 30,600 21,000 201,600 26% 2016 138,100 38,500 25,000 201,600 31% 2020 120,600 48,000 33,000 201,600 40% 2025 91,600 63,000 47,000 201,600 55%
Packet Page.
1264
City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.
This page intentionally left blank.
Packet Page.
1265
City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.
Exhibit 8 Customer Service Plan
Customer Service Representatives will work from local division offices, not a regional call center. This localized customer service system promotes a better understanding of local programs and customer needs. 1. LOCATION The customer service center for the City of San Bernardino will be initially located at Contractor’s existing San Bernardino Division Office at 5455 Industrial Parkway. 2. STAFFING Will consist of nine (9) fulltime Customer Service Representatives will be available to answer and process all incoming telephone calls from City residents and commercial enterprises. Customer Service Representatives will receive in-house training on the programs and services to be provided. 3. CALL HANDLING Customer Service Department will be accessible via a local, toll free telephone number, which will be listed under Contractor’s name in the white pages directory servicing San Bernardino. Customer Service Department hours are 8:00 AM - 5:00 PM Monday through Friday and on Saturdays after recognized holidays. Customer phone calls and customer issues will be recorded in a computerized log, including the date and time, customer’s name and address, nature of concern, and resolution. Phone calls received via the message center will be recorded in the log and responded to no later than the following workday. The log will be available for review by City representatives during normal office hours. Contractor will provide ongoing dispatch communications between drivers, route supervisors and customer service to address issues such as locked gates, equipment malfunctions, or missed collections.
Packet Page.
1266
City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.
This page intentionally left blank.
Packet Page.
1267
City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.
Exhibit 9 List of City’s Equipment/Personal Property Vehicle # Description Odometer Year Sweepers/Equipment 0492-03 BROOMSWEEPER 71,163 2003 7468 AIRSWEEPER CNG 34,476 2007 7469 AIRSWEEPER CNG 34,476 2007 7476 BROOMSWEEPER CNG 45,866 2007 7478 BROOMSWEEPER CNG 48,040 2007 9490 BROOM SWEEPER 38,690 2009 9491 CNG SWEEPER 22,639 2009 483 COMPACT TRUCK 90,375 1995 Right of Way Vehicles/Equipment 1557 - 1975 1556 MOWER FIELD & BRUSH - 2007 1555 MOUNTED PUMP 1,555 1996 1553 3/4T PU W/SRVC.BDY 132,383 2001 1552 3/4T PU W/SRVC.BDY 78,000 2001 1551 VAN PASS-15 1-TON 76,717 2003 1550 VAN PASS-15 1-TON 68,170 2003 1549 TRAILER 10 FT - 1989 1548 TILT BED TRLR 58,292 1989 1547 3/4 T PICKUP 119,237 2002 1546 PRESSURE WASHER 100 1989 1544 3/4 T PICKUP 41,249 1997 1543 TRAILER 1 AXLE 2 1984 1542 TRAILER 10 FT - 1984 1541 FLATBED 115,349 2002 1540 1 T FLTBED DUMP 164,949 1992 1539 TRAILER 15 FT - 1988 1536 ARROW BOARD TRLR - 2003 813 O STEER MOWER 846 2007 802 3/4T PU W/SRVC.BDY 116,004 1998 768 TRAILER 20 FT. 2 AXL - 2007 764 MOWER 3 DECK 4,750 2005 758 TRAILER 10 FT - 1979 739 1 T FLTBED DUMP 35,750 2006 732 1/2 T PICKUP 113,856 2002 724 1/2 T PICKUP 121,296 2002 720 1/2 T PICKUP 87,742 2002 719 3/4 T PICKUP 122,586 2002 716 1/2 T PICKUP 98,867 2002 703 1 TON PICK UP 55,280 2008 577 TRAILER 10 FT - 1990 576 CARRIER TRL 16' - 1996
Packet Page.
1268
City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.
Exhibit 9 List of City’s Equipment/Personal Property Vehicle # Description Odometer Year 530 - 2010 529 75 2010 528 PRESSURE WASHER - 2009 527 - 2008 526 PAINT SPRAYER 687 2008 525 PAINT SPRAYER 3 2008 524 PAINT SPRAYER - 2008 523 PAINT SPRAYER - 2008 517 - 2010 515 PAINT SPRAYER - 2011 511 GENERATOR PORTABLE - 2000 505 COMPACT PU REG.CAB 86,167 2007 487 TRAILER 10 FT - 1980 485 TRAILER 15 FT - 1973 472 VIBROPLATE - 2011 308 MOWER-RIDING 72" RIGHT OF WAY" 2,201 2007 Refuse Collection/Equipment Vehicle # Description Odometer Year 01107-02 SIDELOADER AUTOMATED 104,095 01114-02 SIDELOADER AUTOMATED 82,853 129 PRESSURE WASHER 659 0155-87 REAR LOADER 252,804 161 FORKLIFT 1,151 224 SMALL REF. TRUCK 81,146 225 SMALL REF. TRUCK 86,339 7140 SIDELOADER AUTO 48,305 7141 SIDELOADER AUTO 70,288 7142 SIDELOADER AUTO 78,896 7143 SIDELOADER AUTO 53,129 7144 SIDELOADER AUTO 66,680 7145 SIDELOADER AUTO 65,182 7146 SIDELOADER AUTO 79,921 7147 SIDELOADER AUTO 75,363 7148 SIDELOADER AUTO 80,951 7149 SIDELOADER AUTO 66,483 7150 SIDELOADER AUTO 64,845 7151 SIDELOADER-AUTO 67,814 7152 SIDELOADER-AUTO 62,359 8100 SIDELOADER AUTO 73,432 8101 SIDELOADER AUTO 46,442 8102 SIDELOADER AUTO 62,928 8103 SIDELOADER AUTO 67,243 8104 SIDELOADER AUTO 64,691 8105 SIDELOADER AUTO 67,033
Packet Page.
1269
City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.
Exhibit 9 List of City’s Equipment/Personal Property Vehicle # Description Odometer Year 8106 SIDELOADER AUTO 77,856 8107 SIDELOADER AUTO 76,008 8108 SIDELOADER AUTO 79,437 8109 SIDELOADER AUTO 73,679 8223 REAR LOADER LNG 60,337 9110 LNG SIDE LOADER 58,133 9111 LNG SIDE LOADER 68,039 9112 LNG SIDE LOADER 57,233 9113 LNG SIDELOADER 61,554 9114 LNG SIDELOADER 61,213 9115 LNG SIDE LOADER 59,537 9116 LNG SIDE LOADER 59,912 9222 REAR LOADER 71,018 10112 LNG SIDELOADER 41,169 10113 LNG SIDE LOADER 40,425 10114 LNG SIDE LOADER 7,600 10115 LNG SIDE LOADER 45,184 10117 LNG AUTO RES 49,480 10119 LNG AUTO RES 44,606 10120 LNG SIDELOADER 42,522 12104 LNG SIDELOADER 40,217 12116 LNG SIDELOADER 43,831 12151 STAKEBED 23,174 12152 STAKEBED 22,387 200 1/2 T PICKUP CNG 51,081 201 1/2 T PICKUP CNG 100,273 209 1/2 T PICKUP CNG 65,440 220 3/4 T PICKUP 108,320 226 COMPACT SEDAN 45,348 1101 FUEL ONLY 59,155 1136 FUEL ONLY - 1507-02 4DR MED SEDAN 50,887 RES OIL MISC. OIL CHRGS,ETC. 5,535 145 BIN BUGGY 103,640 206 STEAM CLEANER - 208 STEAM CLEANER - 221 TRAILER UTIL 15' - 1200 ROLL OFF 231,028 1201 ROLL OFF 235,374 1203 ROLL OFF 255,563 1204 ROLL OFF 244,637 154 BIN BUGGY 153,074 2170 FR. END LOADER 150,787 2171 FR. END LOADER 161,902 2172 FR. END LOADER 150,217
Packet Page.
1270
City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.
Exhibit 9 List of City’s Equipment/Personal Property Vehicle # Description Odometer Year 2173 FR. END LOADER 33,373 2174 FR. END LOADER 45,485 2175 FR. END LOADER 4,473 7176 FRONTLOADER AUTO 55,820 7182 FRONTLOADER AUTO 67,888 7188 FRONTLOADER AUTO 79,563 7198 ROLL OFF LNG 120,653 7202 ROLL OFF LNG 131,908 7203 ROLL OFF LNG 238,304 7204 ROLL OFF LNG 149,960 8177 FRONTLOADER AUTO 181,143 8178 FRONTLOADER AUTO 1,827 8179 FRONTLOADER LNG 30 8199 ROLL OFF LNG 130,000 8200 ROLL OFF LNG 113,971 9180 FRONT LOADER LNG 63,441 9181 FRONT LOADER LNG 66,387 9183 FRONT LOADER LNG 61,887 9205 ROLLOFF LNG 117,568 10191 LNG FRONT LOADER 54,956 10193 LNG FRONT LOADER 59,353 10196 LNG ROLL OFF 80,292 12153 BIN CARRIER HREM 25,252 12174 LNG FRONT LOADER 44,426 12194 LNG FRONT LOADER 43,880 12202 LNG ROLL OFF 52,523 205 1/2 T PICKUP CNG 100,427 207 4DR STD. SEDAN 113,796 414 COMPACT SEDAN 54,786 1505 COMPACT SEDAN 51,599 202 WELDER WIRE FEED - 1130 BIN REPAIR 87,807 234 VAN CARGO 1/2 TON 23,473 1941 CLASSIC PICKUP 1,194 COM OIL MISC. OIL CHRGS,ETC. 1
Packet Page.
1271
City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.
Exhibit 10 Displaced City Employee Compensation Minimum Requirements BENEFITS. Displaced City Employees (“employees”) employed by Contractor will receive the exact same benefits as all other Contractor employees: Health Insurance. Comprehensive medical plan paid by company for employee only and weekly premium payroll deduction for family coverage. Retirement. Employees will have the opportunity to join Contractor’s 401k retirement plan the first of the month following three months of service. Contractor will make a matching contribution in an amount equal to 50% of the portion of elective deferrals up to 6% of compensation and employee will become 100% vested when you enter the plan. Vacation. Vacation is accrued based upon length of employment: Years of Service Weeks Weekly Accrual Ø 1 1 0.77 x 52 = 40.04 Ø 2 2 1.54 x 52 = 80.08 Ø 8-15 3 2.31 x 52 = 120.12 Ø 16 3 + 1 day 2.46 x 52 = 128.0 Ø 17 3 + 2 days 2.62 x 52 = 136.0 Ø 18 3 + 3 days 2.77 x 52 = 144.0 Ø 19 3 + 4 days 2.92 x 52 = 152.0 Ø 20 4 3.08 x 52 = 160.0 Paid Holidays. Contractor’s employees receive six paid holidays. • Paid Sick Leave – Employees will be granted 32 hours of Paid Sick Leave on every anniversary hire date. Upon successfully completing 90 days of employment employees may begin to use their 32 hours. • Birthday Pay- Contractor employees receive their Birthday as a floating holiday Other. Service Awards-Contractor values employee’s commitment to company and will recognize employee’s anniversary milestones with a service award.
Packet Page.
1272
City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.
This page intentionally left blank.
Packet Page.
1273
City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.
Exhibit 11 Contractor’s Subcontractors
Contractor will use only one subcontractor who will perform street sweeping services: CleanStreet, Inc. Jere Costello, CEO and Founder 1937 W. 169th Street Gardena, CA 90247 (800) 538-8015 [email protected] Federal Tax Identification Number: 95-4147708
Packet Page.
1274
City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.
This page intentionally left blank.
Packet Page.
1275