SERVICE AGREEMENT
BY AND BETWEEN
CITY OF SANTA MONICA,
a California municipal corporation
AND
SOUTHERN CALIFORNIA D.ISPOSAL COMP ANY,
a California corporation
F:\MunlclpolLaw\Share\CONTRACTSIEM\SOLID WASTE\Southem California Disposni\SCD 112408( C). docx
TABLE-OF CONTENTS
page
ARTICLE I DEFINITION OF TERMS ........ · .................................................................................. 6 Section I.I Certain Defined Terms ................................................................................ 6 ARTICLE II GOALS .................................................................................................................... 13 Section 2.1 · Diversion Goals ......................................................................................... 13 Section 2.2 Sustainability Goals.············································:························~············ 14 Section 2.3 Trust and Confidence ................................................................................. 14 Section 2.4 Standard of Care ......................................................................................... 14 ARTICLE III IBRM OF AGREEMENT ..................................................................................... 14 Section 3.1 Initial Term ................................................................................................ 14 Section 3.2 Options To Extend ................................................... · .................................. 15 Section 3.3 Exercise of Options ................................................................................... 15 Section 3.4 Termination Date ....................................................................................... 15 ARTICLE IV GENERAL ROLES AND RESPONSIBILITIES OF THE PARTIES .................. 16 Section 4.1 Development of Transfer Station and Self Haul Facility ........•................. 16 Section 4.2 Santa Monica Residential and Commercial Collection ............................. 17 Section 4.3 Operation of Scales .................................................................................... 17 Section 4.4 Materials ManagementDatabase ............................................................... 17 Section 4.5 Video Monitoring ....................................................................................... 18 Section 4.6 Permits and Licenses ....... : ......................................................................... 18 Section 4.7 Cooperation ........................................................................................ : ....... 18 ARTICLE V OBLIGATIONS OF CONTRACTOR .................................................................... 18 Section 5.1
Section 5.2
Section 5.3
General Obligations ........... _ ......................................................................... 18 Priority of Santa Monica Generated Material ............................................ 19 Standards for Operation of the Transfer Station
and the Self Haul Facility .................................. ; ....................................... 19 Section 5.4 Equipment and Operators ........................................................................... 20 Section 5.5 Responsibility to Load Separately ............................................................. 20 Section 5.6 Hazardous Materials ......... , ........................................................................ 20 Section 5. 7 Hauling ...................................................................................................... 20 Section 5.8 Alternative Fuel Requirements .................................................................. 20 Section 5.9 Disposal Facility Designations .................................................................. 21 Section 5.10 Loading Operations .. , ................................................................................ 21 Section 5.11 Respond to Emergency Debris Removal ................................................... 21 Section 5 .12 Responsibilities for Processing Functions ................................................. 21 Section 5.13 Public Information and Education Support ............................................... 22 Section 5.14 Hours of Operation ....................................................................... ; ............ 22 Section 5.15 Customer Service .................................. ; ................ , .............................. ~ .... 22 Section 5.16 Safety Obligations ..................................................................................... 23 Section -5.17 No Nuisance .............................................................................................. 23 Section. 5.18 Compliance with Applicable Laws ...................... , ..................................... 23 ARTICLE VI PAYMENTS· AND FEES ....................................................................................... 24 Section 6.1
Section 6.2
Payments and Fees from City ......................... '.·················· ....................... 24 Disposal/Recovery Facility Cost. : ............................................................. 25 - 1 -
Section 6.3 Payment for City Equipment. .. , ................................................................. 25 SeGtion 6.4 Monthly Invoices ....................................................................................... 25 Section 6.5 Favored Nation Pricing Policy .................................................................. 25 ARTICLE VII RECORDS AND REPORTING REQUIREMENTS ............................................ 26 Section 7 .1 Computerized Records ........................ : ..................................................... 26 Section 7.2 Books and Records: Audits ...................................................................... 27 Section 7.3 Integrated Waste Management Act; Reporting Requirements .................. 27 Section 7.4 Activities and Financial Reports; Adverse Information ............................ 28 ARTICLE VITI CONTRACTOR'S PERSONNEL OBLIGATIONS ........................................... 31 Section 8.1 Operating Personnel. ................................................................................. 31 Section 8.2 Management and Supervisory Personnel Assigned to the Contract.. ........ 31 .
Section 8.3 Employee Behavior ......... ; ........................................................................ .32 Section 8.4 Training of Employees .............................................................................. 32 Section 8.5 Employee Uniforms ........................................ :··········································33 Section 8.6 Substance Abuse Awareness Plan ............................................................. 34 ARTICLE IX INSURANCE AND BONDS ................................................................................. 34 Section 9.1 Insurance Requirements ............................................................................ 34 Section 9.2 Bond Requirements .................................................... , ............................... 34 ARTICLE X INDEJ\.1N'ITY ........................................................................................................... 35 ARTICLE XI PROHIBITION AGAINST TRANSFERS .......... ; ... : ............................................. 35 Section 11.1 Prohibition Against Transfer ..................................................................... 35 Section 11.2 Right of First Refusal .............................................................................. .".36 Section 11.3 Prior Consent for Transfer ......................................................................... 36 Section 11.4 Termination Option .................................................................................. .36 ARTICLE XII TAXES .................................................................................................................. 37 ARTICLE XIII NOTICES .................................•........................................................................... 37 · Section 13.1 Notices ....................................................................................................... 37 ARTICLE XIV DEFAULT AND TERMINATION ..................................................................... 39 Section 14.1 Contractor's Performance ......................................................................... .39 Section 14.2 Default by Contractor .......................................................... : ..................... 39 Section 14.3 Default by City .......................................................................................... 41 Section 14.4 Termination for Convenience ................................................................... .42 Section 14.5 Restoration of City Property and Public Right of Ways ......................... '..42 ARTICLE XV MISCELLANEOUS PROVISIONS .................................................................... .42 Section 15.l City's Right to Inspect and Approve ........................................................ .42 Section 15.2 Living Wage .............................................................................................. 43 Section 15.3 Oaks Initiative: ........................................................................................... 43 ARTICLE.XVI MISCELLANEOUS PROVISIONS ....................................... .' .......................... .43 Section 16.1 Applicable Law .......................................................................................... 43 Section 16.2 Titles for Convenience ..........................•................................................... .43 Section 16.3 Severability ................................................................................................ 43 Section 16.4 Successors and Assigns ............................................................................. 43 Section 16,5 Interpretation ....................................... · ...................................................... 44 Section 16.6 Survival .................................................................... : ................................. 44 Section 16.7 Entire Agreement. ................... : .................................................................. 44 Section 16.8 Governmental Powers ................................................................................ 44 - 11 -
Section 16.9 IndependentParty ....................................................................................... 44 Section 16.10 Force Majeure ............................................................................................ 44 Section 16.11 Recitals and Exhibits ................................................................................ .45 ARTICLE XVII DISPUTE RESOLUTION ......... · ..... , ............................................ .-..................... 45 Section 17 .1 Dispute Resolution for Customer Complaints .......................................... .45 Section 17.2 Dispute Resolution Procedure for Contract Disputes ............................... .45 -m-
SERVICE AGREEMENT
BY AND BETWEEN
CITY OF SANTA MONICA AND
SOUTHERN CALIFORNIA DISPOSAL COMP ANY
This Service Agreement is entered into on 2.. ,!i day of fe_ce,..k-.r, 2008 (''Execution Date"), by and between the CITY OF SANTA MONICA, a California municipal corporation ("City"), and SOUTHERN CALIFORNIA DISPOSAL COMP ANY, a California corporation ("Contractor" or "SCD"), with respect to the following:
RECITALS:
A. City is a municipal corporation duly organiz~d and validly existing under the laws of the State of Califo~a with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City.
B. Pursuant to the Integrated Waste Management Act of 1989 ("AB 939"), as amended, Public Resources Code Sections 40000 et seq., the Legislature of the State of California established a solid waste management process which requires cities and other local jurisdictions to implement plans for source reduction, reuse and recycling. The City has been conducting solid waste activities through its Solid Waste Management Division in accordance with state law.
C. On or about February 11, 2003, the Santa Monica City Council unanimously adopted the Santa Monica Sustainable City Plan ("Sustainable Plan"), which was thereafter revised on October 24, 2006. The Sustainable Plan; as rev1sed, constitutes a comprehensive update and expansion of the Sustainable City Program adopted by the City Council in•I994. The Transfer Station Facility and Self Haul Facility, as described further herein, are intended to function in coordination with the Recycling and Drop Off Center, also described further herein, to meet the overall objective of reaching the diversion goals as set forth in the Sustainable Plan, and in accordance with the California Integrated Waste Management Board (CIWMB) standard, as soon as practical. As of the Execution Date, the City's diversion goal is seventy percent (70%) by the year 2010.
D. Contractor is a corporation duly organized and in good standing in the State of California. Contractor represents that it is duly licensed by the State of California and has the background, knowledge, experience and expertise to perform the obligations set forth in this Agreement. Contractor currently owns and operates a private solid waste transfer station located at 1908 Frank Street, Santa Monica ("SCD Transfer Station"). The SCD Transfer Station is located on real property owned by the Contractor, and also located across the street from the City's Solid Waste Transfer Facility.
E. The City is the owner of real property located at the Santa Monica City Yards utilized, in part, as a municipal Solid Waste Transfer Facility and Recycling Center. For the past three years, the City has conducted public study sessions to examine ways to improve municipal solid waste transfer operations, recycling operations, and commercial collections.
F. On or about January 22, 2007, the City issued a Request for Proposals for Contract Services for Transfer Services for Recycling and Disposal ("Recycling and Transfer RFP"), which solicited multiple options in connection with the recycling operations, solid waste transfer operations, and commercial collection. Concurrently, the City issued a Request for Proposals for Contract Services for Commercial Collection ("Commercial Collection RFP").
Through the Recycling and Transfer RFP, and the Commercial Collection RFP, the City sought to examine ways to improve the recycling operations, solid waste transfer operations, commercial collection, and various other issues related to recycling and municipal solid waste operations.
G. In response to the Recycling and Transfer RFP, the City received proposals from · the City's Solid Waste Management Division and from private contractors, including the Contractor herein. SCD's proposal included, in part, the consolidation of the municipal solid waste into SCD's Transfer Station as such consolidation would significantly reduce local traffic and would be authorized within the tonnages permitted by SCD's current Solid Waste Facility Permit.
H. The Santa Monica City Council held a public hearing on October 30, 2007, and at the hearing, instructed staff to explore the formation of a private public partnership for recycling and solid waste transfer services. Thereafter, on November 27, 2007, the City Council awarded commercial collection service to the Solid .Waste Management Division. At a subsequent hearing on May 22, 2008, the City Council authorized discussions with SCD for SCD to perform municipal solid waste transfer services at an expanded SCD Transfer Station, and to operate the self-haul services. The City Council also authorized discussions with another contractor, Cederwood-Young, doing business as Allan Company, for recycling operations at a reconfigured site of a portion of the City Yards.
I. Accordingly, the City and Contractor desire to enter into this Service Agreement for the Contractor to provide the solid waste transfer services and self-haul services as set forth herein.
J. Independent of this Services Agreement, SCD intends to and will file an application to expand its existing SCD Transfer Station as follows: SCD will remove the north wall of the existing two-sided metal panel building and expand the tipping floor to the north.
The expanded transfer station building will be, at a minimum, a larger three sided metal panel building with an open front (eastern) face. An extension of the south wall of the building is proposed to be provided to the east and will serve as a screen wall for traffic along the Santa Monica Freeway. This SCD Transfer Station expansion is functionally independent of the solid waste transfer services and self-haul services that would be contemplated by this Service Agreement. In addition, the performance of these services is not a reasonably foreseeable consequence of SCD's expansion.
K. In addition to the other contingencies identified in this Services Agreement, any provision of the solid waste transfer services and self-haul services and any construction of the facilities thereto completed as part of this Services Agreement will also be contingent upon 5 -/
compliance by the City and with tlre California Environmental Quality Act ("CEQA"), receipt of all necessary approvals required by Applicable Laws, the expiration of the applicable period for any challenge to the adequacy of the City's compliance with CEQA, as well as the approval for the funding of any public improvements on the City Yards and adjacent public property and appropriation of such funding. Any provision of the solid waste transfer services and self-haul services and construction of facilities thereto contemplated as part of this Service Agreement shall not commence unless and until the City's compliance .with CEQA is completed and there is no possibility of a challenge to CEQA. Neither party is bound to proceed under this Services Agreement unless and until the City's compliance with CEQA is completed and there is no possibility of a challenge pursuant to CEQA. ·
AGREEMENT
NOW, THEREFORE it is mutually agreed by and between the undersigned parties as follows: ·
ARTICLE I
DEFINITION OF TERMS
Section 1.1 Certain Defmed Terms.
1.1.1 The terms "AB 939" and "Act" shall mean the California Integrated Waste Management Act of 1989, codified in part at California Public Resources Code Sections 40000 et seq., as it may be amended and implemented by the regulations of the California Integrated Waste Management Board, or its successor agency.
1.1.2 The terms "Acceptable Material" and "Acceptable Material/Waste" shall mean City of Santa Monica Municipal Solid Waste other than those materials defined as Unacceptable Material.
1.1.3 The term "Acceptance Testing" shall mean the tests for Acceptance as set forth in Exhibit 6.
· 1.1.4 The term "Applicable Laws" shall mean all applicable federal, state and municipal laws, statutes, codes, ordinances, rules, regulations and orders of Governmental Authorities having jurisdiction of the project, SCD's Transfer Station, services, Contractor, or City including,·without limitation, California Integrated Waste Management Act, Public Resource Code Sections 40000 et seq;, Solid Waste Facility Standards, California Public Resources Code §4300, et seq., the Americans with Disabilities Act of 1990 ("ADA"), 42 tJ.S.C. Sections 12101 et seq., Title 24, California Code of Regulations, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. §§ 9601-9675), the Resource Conservation and Recovery Act, as amended (42 U.S.C. §§ 6901- 6992k), the Hazardous Materials Transportation Act, as amended (49 U.S.C. § 5101 et seq.), the Federal Water Pollution Control Act, as amended (33 U.S.C. §§ 1251-1307), the Clean Air Act, 6 as amended (42 U.S.C. §§ 7401-7671q), the Toxic Substances Control Act, as amended (15 U.S.C. §§ 2601-2692), the Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X), 15 U.S.C. §§ 2681-2692 and also 42 U.S.C. §§ 4851-4856, the Lead Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4821-4846), the Indoor Radon Abatement Act, 15 U.S.C. §§ 2661- .2671, and the Safe Drinking Water Act (Health & Safety Code§ 116270 et seq.), CAL-OSHA, and all similar federal, state and local statutes and regulations.
1.1.5 The term "Average Fuel Price" shall mean the average fuel price per gallon paid by Southern California Disposal for fuel delivery or deliveries in a given month which shall include Federal and State Excise Taxes, Sales Taxes and other charges billed by the fuel supplier or suppliers.
1.1.6 The term "Bulky Waste" shall mean stoves, refrigerators, water tanks, washing machines, broken furniture, automobiles and automobile parts or similar bulky materials individually having weight greater than fifty pounds per item and/or not fitting in the containers.
1.1. 7 The term "Calendar Year" shall mean a twelve consecutive month period commencing on January 1 and continuing through December 31 .of a given year.
1.1. 8 The term "City" shall mean the City of Santa Monica, acting in its proprietary, rather than regulatory capacity, and shall include its City Council, boards and commissions, officers, agents, employees, representatives, and volunteers.
1.1. 9 The term "City Approved Processing Facility" shall mean the Disposal/Recycling facility or facilities specified by the Director of Public Works where the Contractor shall dispose/recycle of all solid waste materials transferred under this Agreement.
1.1.10 The term "City Yard" shall mean the property at 2500 Michigan A venue, Santa Monica, California.
1.1.11 The term "Collection Vehicles" shall mean ·a vehicle used to collect Municipal Solid Waste.
1.1.12 The term "Commencement Date" shall mean the date the Notice to Proceed is signed by the Mayor or City Manager.
1.1.13 The term "Commercial Solid Wastes" shall mean all types of solid waste generated by stores, offices, and other commercial sources, and shall exclude solid waste generated by residences.
1.1.14 The terms "Consumer Price Index/' "CPI," or "Consumer Price Index (CPI) of the Los Angeles Metropolitan Area" shall mean the CPI published at www.bls.gov/cpi for the Los Angeles-Riverside-Orange area, and shall mean the percentage increase in the cost of living index as measured by the Consumer Price Index for All Urban Consumers, Less Energy - Los Angeles - Anaheim - Riverside, Orange . County, California, published by the Bureau of Labor Statistics of the United States Department of Labor (1982-1984 = 100). In the event the CPI 7 shall hereafter be converted to a different standard reference base or otherwise revised, such conversion factor, formula or table for converting the CPI as may be published by the Bureau of Labor Statistics shall be used, or if the Bureau of Labor Statistics shall not publish the same, then such conversion factor, formula or table selected by City may be published by any other nationally recognized publisher of similar statistical information shall be used. In the event the CPI shall cease to be published, then there shall be substituted for the CPI such other index of similar nature as is then generally recognized and accepted for like determinations of purchasing power, as City shall select.
1.1.15 The term "Contract Documents" shall refer to the following collection of documents: (i) the Agreement between City and Contractor, including the exhibits attached hereto; (ii) the Performance Bond and Quaranty Agreement; and (iii) any amendments or modifications executed after the Execution Date of this Agreement.
1.1.16 The term "Contractor" shall mean Southern California Disposal Company, a California corporation.
1.1.17 The term "Day(s), whether capitalized or not, refers to a.calerndar day unless otherwise specifically designated as a w~rk or business day.
1.1.18 The term "Director of Public Works" shall mean the Director of Public Works, or his/her designated representative.
1.1.19 The term "Disposal/Recycling" shall mean the delivery of Solid Waste to a City Approved Disposal Facility or facilities.
1.1.20 The term "Drop Off Program and the Buy Back Program" shall mean the City's or a City's Contractor's operation and maintenance of citizens drop off of recyclable materials and buy back and redemptions of recyclable materials.
1.1.21 The term "Extension Option" shall mean the City's option to extend the term of this Agreement pursuant to Section 3.3 after the expiration of the fifteen (15) year Term of Operations of this Agreement or extensions· thereof.
1.1.22 The term "Food Waste" shall mean uneaten food and food preparation wastes from residences and from commercial establishments, including, but not limited to, grocery stores, restaurants, produce stands, schools, institutional cafeterias and kitchens, and employee lunchrooms.
1.1.23 The term "Fiscal Year" shall mean a twelve consecutive month period commencing on July 1 and continuing through the next June 30 of the following year.
1.1.24 The term "Fuel Index Multiple" shall mean the Fuel Index Multiple stated in Section 6.1.2 for each Group.
8 1.1.25 The term "Garbage" shall mean putrescible waste and includes every accumulation of both animal and vegetable matter, liquid or otherwise, that attend the preparation, use, cooking, dealing in or storage of meats, fish, fowl, fruits or vegetables, tin cans or other containers originally used for food stuffs.
1.1.26 The term"Govemmental Authorities" shall mean the United States, State of California, the City of Santa Monica (acting in its regulatory capacity, rather than proprietary capacity), County of Los Angeles and any other political subdivision, agency, department, commission, board, bureau or instrumentality of any of them, which exercises jurisdiction over the SCD's Transfer Station, Services, Contractor or City.
1.1.27 The terms "Green Waste" and "Yard Waste/Organics" shall mean leaves, grass clippings, prunings, tree trimmings and other natural organic matter discarded from yards and gardens. Green waste may also include stumps and brush.
1.1.28 The term "Hauler" means a Person or Company engaged in the transportation of Contract Waste from a Facility to the Processing Site.
' 1.1.29 The term "Hauling Cost Non-Fuel Component" shall mean the amount specified in Section 6.1.2 for a given facility based on that Facility's Group assignment as specified in Exhibit 13, and shall be annually adjusted by the CPI at the end of each calendar year.
1.1.30 The term "Hauling Price Fuel Component" shall mean the Fuel Index Multiple times Average Fuel Price.
1.1.31 The term "Hazardous Waste" shall mean a waste material. or mixture of wastes defined as a "hazardous substance" or "hazardous waste" pursuant to Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. Sections 6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. Sections 6901 et seq., the Carpenter-Presley-Tanner Hazardous Substance AccountAct (HSAA"), codified in the California Health and Safety Code Sections 25300 et seq., and all future amendments of them, or as defined by the California Integrated Waste Management Board, or the Department of Toxic Substances Control, or a successor agency. If there is a conflict in the definitions employed by · two or more agencies having jurisdiction over hazardous or Solid Waste, then the term "Hazardous Waste" shall be construed to have the broader, more encompassing definition.
1.1.32 The term "Household Hazardous Waste Facility" shall mean the location for residents of the City to Drop Off unwanted materials. The location of the Household Hazardous Waste Facility shall be incorporated into the Drop Off Center area as set forth more fully in the Project Description attached as Exhibit 1, which may be amended by the City during the design and construction phases, and from time to time thereafter.
1.1.33 The terms "Landfill" or "Landfills" shall mean any and all portions of the landfill(s) that are approved by the City as a disposal facility, or identified by the City's disposal contractor as a backup facility for Solid Waste Disposal. 9 1.1.34 The term "Legal Holidays" shall mean those holidays observed by the City of Santa Monica consisting ofNew Year's Day, President's Day, Martin Luther King Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving, and Christmas, as may be amended or supplemented from time to time.
· 1.1.3 5 The term "License" shall mean permission granted by City for the collection, transportation or removal of Solid Waste, or for ownership or operation of any Solid Waste Disposal or Recycling facility.
1.1.36 The term "Licensee" shall mean any Person holding a License.
1.1.3 7 The term "Losses" or "Loss" shall mean and refer to any and all losses, costs, liabilities, claims, damages, actions, judgments, settlements, expenses, fines and penalties.
1.1.3 8 The term "Materials Recycling Facility" or "MRF" shall mean and refer to the Recycling and Drop Off Center defined in Section 1.1.50.
1.1.39 The term "Municipal Solid Waste (MSW)" shall mean any Qarbage, Refuse, industrial lunchroom or office waste, household waste, household ·hazardous waste, green waste, · and any other material resulting from the operation of residential, municipal, commercial, or institutional establishments and from community activities which are required to be disposed of in a permitted landfill, as defined in regulations adopted pursuant to California code; provided, however, that "Municipal Solid Waste" does not include the following: (A) radioactive waste; (B) hazardous waste; (C) infectious waste; and (D) industrial process waste, which does not include office, domestic, or cafeteria waste.
1.1 .40 The term "Notice to Proceed" shall mean a dated, written, letter issued by the Director of Public Works authorizing the Contractor to proceed with the transfer services and self-haul services set forth in this Agreement.
1.1 A 1 The term "Operating and Maintenance Manual" shall mean documentation describing operations and maintenance of provided service.
1.1.42 The term "Operating Services" shall mean collectively the services required to be provided by the Contractor pursuant to this Agreement.
1.1.43 The term "Operations Date" shall mean the date on which Contract for operations service commences which will be set forth in the City's Notice to Proceed.
1.1.44 The term "Operations Plan" shall mean the detailed plan for achieving the diversion goals as more fully set forth in Section 2.1.2 of this Agreement, and which shall be submitted by the Contractor on an annual basis for the City's review and approval.
1.1.45 The term "Performance Standards" shall mean the standards forperformance set · forth in this Agreement as well as the performance specifications set forth in Exhibit "11" attached hereto.
10 1.1.46 The term "Permits" shall mean the applicable approvals~ authorizations, certifications, Licenses and Permits issued by federal, State or local governmental authorities required by City and/or the Contractor to perform the scope of services ·set forth in this Agreement.
1.1.47 The terms "Process," "Processed" or "Processing" shall mean the handling of Acceptable Materials at SCD's Transfer Station or City Approved Processing Facility.
1.1.48 For purposes of this Service Agreement, the term "Project" shall mean and refer to the building and improvements to be constructed at the SCD's Transfer Station as more fully set forth in the Project Description attached hereto as Exhibit "1" to provide all of the Services as set forth in this Agreement. This definition and use of this term is separate from, and not intended to in any way indicate, a "project" under the terms of the California Environmental Quality Act ("CEQA").
1.1.49 The terms "Recyclables" or "Recyclable Materials" shall mean those materials which would otherwise become Solid Waste and which may be collected, separated and/or processed and returned to the economic mainstream in the form of raw materials or products.
Materials may include, but are not limited to, paper, cardboard, metal cans, 'plastic bottles, and glass bottles.
1.1.50 The term "Recycling and Drop Off Center" shall mean the Recycling Project as more fully described in the concurrently executed Service Agreement by and between the City of Santa M_onica and Cederwood-Young Company, a California corporation, doing business as Allan Company.
1.1.51 _ The tertn "Refuse" shall mean any putrescible (Garbage) or non-putrescible (Rubbish) Solid Waste.
1.1.52 The term "Rubbish" shall mean and inc!udes all non-putrescible Solid Waste consisting of both combustible and noncombustible waste, such as paper, cardboard, glass, crockery, excelsior and similar materials. It does not include bulky waste.
1.1.53 The term "Rules and Regulations" mean State and local requirements of any operator with respect to the management of Acceptable Waste at the Facility.
1.1.54 The term "Schedule" shall mean any exhibit, attachment, form, schedule or annex, which is attached to, incorporated in, or made a part of this Agreement.
1.1.55 The term "Self Haul Facility" shall mean an ar~a to be designated by the City on City property, which shall be operated by the Contractor to enable members of the public to drop off miscellaneous waste, Green Waste, and construction and demolition debris.
1.1.56 The term "Select Commercial Loads" shall mean mixed solid waste loads that are collected from specifically identified commercial collection routes consisting only of stops identified as particularly rich in recyclable materials (over 50% recoverable/recyclable goods) and that are designated to be sorted into residue and "further recovery processing" at the MRF. 11 1.1.57 The term "Solid Waste" shall mean all Garbage and Rubbish generated by all municipal, commercial or industrial sources, and other such similar and related materials, except those excluded by the California law, but does not include recovered materials or Unacceptable Material. .
1.1. 5 8 The term "Solid. Waste Operations Manager" shall mean Manager of the So lid Waste Management Division, or his/her designated representative.
1.1.59 The term "State" shall mean the State of California.
1.1.60 The term "Term," including "Initial Term" and "Extension Term," as set forth in Article III, shall refer to a period of fifteen (15) calendar years.
1.1.61 The term "Ton" shall mean a short ton of2000 pounds.
1.1.62 The term "Tpd" shall mean tons per day.
1.1.63 The term "Tpy" shall mean tons per year.
1 :I .64 The term "Transfer Station" or "SCD Transfer Station" shall mean the facility owned and operated by So'uthem California Disposal Company located at 1908 Frank Street, Santa Mon.foa, California. Such facility is further described in the Project Description attached hereto as Exhibit "l"
1.1.65 The term "Transfer Services" shall mean any or all services that are more fully set forth in this Agreement for solid waste transfer and disposal/recycling.
1.1.66 The term "Trash" shall mean any combination of Garbage (putrescible) and Rubbish (non-ptitrescihle) Solid Waste.
1.1.67 The term "Unacceptable· Material" shall mean material that is not allowed to be discarded in Trash, including, but not limited to hazardous waste, infectious waste, radioactive waste, industrial process waste, and any other material that is excluded from the definition of Municipal Solid Waste in the California code.
1.1.68 The term "Uncontrollable Circumstance" shall mean any act, event or condition occurring on or after the date on which this Agreement is executed that has had, or may reasonably be expected to have, a material and adverse effect if such act, event or condition is beyond the reasonable control of the party relying thereon as justification for not performing under the Agreement and has not been caused in part or in whole by such party. Uncontrollable Circumstances shall include the following:
( a) Force Majeure landslide, lightning, earthquake, fire, explosion, flood, nuclear radiation, acts of a public enemy, war, blockade, insurrection, riot or civil 12 disturbance or any similar occurrence, or a condemnation or other taking by or on behalf of any public, quasi-public or private entity, but not including reasonably anticipated weather conditions for the geographic area of the Facility; (b) The suspension, termination, interruption, denial or failure of renewal or continuation of any Permit, Licenses, consent, authorization, or approval required for the provision of the Operating Services; provided however, that such event shall not be attributable in whole or in part to the party relying thereon; (c) The loss of or inability to obtain any utility services, including water. sewerage, fuel oil, gasoline and electric power other than that generated by the Facility, necessary for operation of the Facility if such loss or inability is not the result of the willful or negligent action or inaction of the City or Contractor; and (d) A public or private labor dispute relating to the Collection of Solid Waste which involves persons other than those working for ( or on behalf of) the Contractor or any affiliate or subcontractor hired by the Contractor; however, Contractor's labor disputes shall not be deemed an Uncontrollable Circumstance.
Section 2.1 Diversion Goals .
ARTICLE II
GOALS
. 1 Diversion Goals. Contractor will assist the City in achieving the diversion goals in compliance with the standards established by the CIWMB or Local Enforcement Agency ("LEA"), and as established by the City Council. At the execution of this Agreement, the City's diversion goal is seventy percent (70%) by the year 2010 utilizing the current method by the CIWMB; however, this goal may be amended from time to time. During the term of the Agreement, the City reserves the right to increase or decrease such percentage, in its sole discretion, in order to comply with Applicable L~w, and to promote its sustainability goals as may be modified from time to time .
. 2 Operations Plan. By January 31 of each Year, Contractor shall provide a detailed Operations Plan for achieving diversion goals, including hauling plans and agreements with off-site processors and· disposal locations. Such Operations Plan shall be in a form similar to the Contractor's proposed Transfer/Processing Report for the Recycling and Transfer Station to the Local Enforcement Agency ("RSI Report"), a copy of which is attached hereto as Exhibit "2" and incorporated herein by reference. Amendments or modifications to said RSI Report. for the services provided to the City pursuant to this Agreement shall be approved in advance by the City.
.3 Consultation and Cooperation. In furtherance of the mandatory diversion goals, the parties will work cooperatively regarding operations of the Self-Haul Facility and the Transfer Station as they pertain to the services to the City. 13 Section 2.2 Sustainability Goals .
. 1 Through the consolidation of the solid waste transfer activities, the parties seek to further the City's sustainability goals by reducing the amount oflocal vehicular traffic. The consolidation of solid waste transfer activities is possible within the currently existing tonnage limits of SCD's Solid Waste Transfer Permit as defined in Section 4.6, and without any · expansion thereof. In addition, the parties will work cooperatively to reduce, if possible, fuel costs for the operation of Contractor's vehicles for solid waste transfer activities and the City's collection services.
Section 2.3 Trust and Confidence.
Contractor accepts the obligation of trust and confidence established between it and City by this Agreement and shall act in the best interests of City, in carrying out its duties and responsibilities under this Agreement, including, without limitation, assisting with the design.and construction of the Self-Haul Facility, including operation of the scales, the furnishing of efficient business administration, sufficient senior level management and other qualified personnel to complete its obligations in an expeditious and economical manner and within the Project Timeline attached hereto and incorporated herein as Exhibit "5," and to perform the services set forth herein in accordance with this Agreement.
Section 2.4 .Standard of Care.
Contractor and City shall perform all its obligations under the Agreement in accordance with the highest standard of care applicable to the performance of services required by this Agreement. In the event portions of the services are to be performed in accordance with a specific performance standards, such services shall be performed so as to achieve such standard.
Section 3.1 Initial Term.
ARTICLE Ill
TERM OF AGREEMENT
The Initial Term shall be for fifteen ( 15) years and shall commence from the issuance of ;:i Notice to Proceed by the City (''Commencement Date"), and end fifteen calendar years thereafter, unless earlier terminated as set forth in this Agreement or extended pursuant to the Options to Extend in Section 3.2, below. In the event of an exercise of an Extension Option in compliance with Section 3.3, then the Initial Term shall be extended for the length of the Extension Option. The parties agree to memorialize the Commencement Date for the Initial Tenn pursuant to an amendment to this Agreement. Neither party shall have any obligation for the provision of solid waste transfer serv_ices and self-haul services under this Services Agreement until the Commencement Oate.
14 Section 3.2 Options To Extend.
Provided that Contractor is in full compliance with the terms and conditions of this Agreement, the City shall have three options to extend the term of this Agreement, in its sole and complete discretion, each for an additional period of five years ("Extension Term") after the Termination Date on the same terms and conditions set forth in this Agreement, except as otherwise specified herein.
Section 3.3 Exercise of Options .
.1 In Year 11 of the Initial Terin, the City shall meet to confer with the Contractor to assess the performance of Contractor's services set forth in this Agreement. Any problems with the performance of the services or recommendations for improvement shall be communicated to the Contractor in Year 11 or before the exercise of the Extension Option set forth herein . . 2. If the City decides to exercise an Extension Option, City shall deliver in writing confirmation of that decision at least twelve (12) months prior to the expiraµon of the current Term or Extension Term, if any, by delivery to Contractor in writing of its irrevocable exercise of such Extension Option; if the Extension Option is not so duly exercised, such Extension Option shall automatically expire and shall be of no further force or effect. .3 The notice of exercise of the Extension Option shall not be effective unless on the date such notice is given all of the following conditions precedent are met: (a) this Agreemei:it is in full force and effect; and (b) Contractor is not then in default under any of the terms and provisions of this Agreement .
.4. Prior to the exercise of the Extension Option, the City may elect to (i) review its diversion goal and to assess a revised goal applicable during the Extension Term and (ii) review the payment schedule and if the payments are not commensurate with rates provided by comparable providers to other municipal entities, then to renegotiate such rates to the satisfaction and approval of both parties.
Section 3.4 Termination Date.
Unless earlier terminated in accordance with the provisions hereof and subject to the Extension Options set forth above, this Agreement shall terminate at midnight fifteen Calendar Years after the issuance of the Notice to Proceed, without the necessity of any notice from the City. In the event the Term is extended pursuant to Section 3.2, this Agreement shall terminate at midnight on the last day of each applicable Extension Term. 15 I .
ARTICLE IV
GENERAL ROLES AND RESPONSIBILITIES o ·F THE PARTIES
Section 4.1 Development of Transfer Station and Self Haul Facility . . 1 Project Description and Location. The Transfer Station and tlie_ Self Haul Facility are more fully described in the Project Description attached as Exhibit "1." Contractor is responsible for the overall development and implementation of the facilities and infrastructure improvements consisting oftlie Transfer Station, as more specifically defined in the Project Description; The conceptual general layout of the overall site plan and location of improvements and operations are more fully set forth in the Project Description and the Preliminary Site Plan attached hereto as Exhibit "4," and may be subject to change during the development process, and subject to regulatory approval, including modifications resulting from the City's compliance with CEQA. At this preliminary stage, the parties have discussed the possible components: (i) SCD will proceed with its application to expand its existing SCD Transfer Station in accordance with Recital J and Exhibit II l II on real property owned and operated by Contractor; (ii) that the Self-Haul Facility will be located on real property owned by the City; and (iii) that the two new vehicle scales will be located on in Frank Street ( a currently existing public right of way).· The City shall be responsible for the design, permitting, construction and financing of the Self~Haul Facility, and public right of ways, in consultation with Contractor. Contractor shall be responsible for the design, permitting, construction, and financing of the Transfer Station, at its sole cost and expense, after consultation with the City in its proprietary capacity . . 2 · Ownership and Operation. Contractor will continue to own and to operate its Transfer Station, and will expand its operations to include transfer services for the City's Mixed Solid Waste, Green Waste, Construction and Demolition Debris, Food Waste, and other Acceptable Materials. The City will continue to own the portions of real property consisting of the Self-Haul Facility and the pubHc right of ways. Upon completion of construction, Contractor will operate the Self-Haul Facility on City property and the Transfer Station on Contractor property. It is expressly understood by and between the parties that this Agreement is for services only and under no circumstance will this Agreement ripen into a lease or easement (whether under claim of prescriptive right or.otherwise) or otherwise transfer or convey any real property or property interest whatsoever between the parties . . 3 Responsibilities During Design Development. During the design development period of the Transfer Station, City staff and its designated contractor(s) and consultant(s) will be part of the development team and provide its input into the design for the Transfer Station. · As part of the design team, City, in its proprietary capacity, will assist during the construction phase and acceptance testing to ensure that the facilities and equipment for the Transfer Station are fully functjonal for its intended use .
. 4 Acceptance of Transfer Facility by City. Contractor shall notify the City of the completion of the construction of the Transfer Station and that all of the conditions of Exhibit "6" have been met. The City shall accept or reject the Transfer Facility within ten (10) Days of receipt of the Contractor's notice.
16 .5 Timelines. The parties will endeavor to comply with the Tirnelines attached hereto as Exhibit "5" and incorporated herein by reference.
Section 4.2 Santa Monica Residential and Commercial Collection.
The City will be responsible for the collection of Solid Waste and Recyclable Materials and Selected Commercial Loads generated and set out for collection from all residences (single family and multi-family), commercial, and business, institutional and governmental establishments in the City. During the Initial Term and Extension Terms, if any, and subject to the provisions of Uncontrollable Circumstances defined in Section 1.1.68, for any Solid Waste and Recyclable Materials collected by the City, the City will deliver all loads designated for delivery to Contractor in Exhibit "3" only to the Contractor pursuant to this Agreement.
Section 4.3 Operation of Scales .
. 1 Operation and Maintenance of Scales. Contractor shall install, operate and maintain, at its sole cost and expense, the scales or weighing system, including the weigh scale electronics, and associated computer software in accordance with the provisions of Article XII.
Contractor will be responsible for the operation and maintenance of all scales, video monitoring system, and materials management database that serve the Transfer Station and Self-Haul Facility, and shall have the obligation to review periodically the accuracy of its scales and weighing system. The City will have the right to access the scales at all times, to have a fulltime supervisor in the scale house, along with live feeds from the video and materials database systems, and to supervise its operations, and approve material type designations recorded for · self-haulers from Santa Monica and any changes to data entries, and receive data electronically on an online and current basis. The parties will work together to assure that any changes to records are done with the current knowledge of the City. The City will ensure that its monitoring and participation in the scales, Materials Management Database, and video monitoring system that serve the Transfer Station and Self-Haul Facility will not materially impact the efficient operations or wait times at the Transfer Station and Self-Haul Facility . . 2 All Deliveries Through Scales. All deliveries to the Transfer Station and to the Self-Haul Facility shall be through scales on or adjacent to Frank Street. The material and quantity data shall be entered into the Materials Management Database.
Section 4.4 Materials Management Database.
All material and quantity data shall be entered into and maintained in the Materials Management Database. The Parties will work together to establish protocols to assure that any changes to records pertaining to operations, program and security requirements of the database are performed with the prior written approval of the City's Chief Information Officer of the Information Systems Department.
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Section 4.5 Video Monitoring.
Contractor shall install, operate and maintain, at its sole cost and expense, a video monitoring system. The City will have the right to a live feed at all times from the video monitoring system.
Section 4.6 Permits and Licenses.
The County of Los Angeles-Environmental Health has issued to Contractor a Solid Waste Facility Permit Number 19-AA-0846 for 1,056 Tons/Day ("Solid Waste Transfer Permit"). Contractor shall continue to own, maintain and revise, as needed, such Solid Waste Transfer Permit for the operation of the Transfer Station;·provided that any modification of the Solid Waste Transfer Permit pertaining to the services provided to the City shall be subject to the prior written approval of the City. It is understood and agreed by the parties that the services pursuant to this Agreement shall be maintained within the current tonnage· limits of the Contractor's Solid Waste Transfer Permit, without requiring any increase thereof. fu addition, Contractor shall be responsible for obtaining any permits, licenses, required by any lo.cal, state, or federal agencies for each tractor, trailer, or operator used by the Contractor with respect to the operations of the Transfer Station or the Self-Haul Facility. ' Section 4. 7 Cooperation~
Each party will actively assist the other with respect to all phases of the design development, construction, and acceptance testing of the facilities and equipment for the Transfer Station and the Self-Haul Facility, as well as the adjacent Recycling and Drop Off Center. During the design and construction of all facilities, Contractor will assist with transition planning to ensure a smooth transition with minimal disruption to ~perations.
ARTICLEV
OBLIGATIONS OF CONTRACTOR
Section 5.1 General Obligations.
Contractor shall be required to provide solid waste transfer services to the City in an environmentally sound manner at the Transfer Station, including, receiving, processing, loading, and shipping all Acceptable Materials collected in the City of Santa Monica while minimizing impact to the City and City Yard and minimizing cost to the City. Contractor shall provide transfer services for the materials and quantities that are set forth in the Description of Acceptable Materials and Estimated Quantities attached hereto as Exhibit "3" and incorporated herein by reference. Contractor will deliver the Acceptable Materials to off-site processors or disposal locations as directed by the City.· Contractor will operate and manage the Transfer Station and the Self Haul Facility in accordance with the Performance Standards as attached hereto in Exhibit "11" and the Operations Plan as attached hereto in Exhibit "2", as may be adjusted from time to time, and in full compliance with Applicable Laws. · 18 Section 5.2 Priority of Santa Monica Generated Material.
Contractor agrees that Santa Monica generated material will have processing priority at the Transfer Station, and that it will receive all City delivered Acceptable Materials delivered by the City. Subject to this priority, Contractor will continue to process tonnage from sources other than the City up to its permit limits.
Section 5.3 Standards for Operation of the Transfer Station and the Self Haul Facility.
The Contractor shall comply with the Operating Plan and Performance Standards attached hereto as Exhibits "2" and "11" and incorporated herein by reference, and shall also meet, at minimum, the following general standards:
.1 Provide semi-enclosed operations;
.2 Operate with a maximum wait tirn:e of 10 minutes for City vehicles once on site and through the scale house to tipping floor of the Transfer Station; and shall coordinate with all users of the Transfer Station to meet the wait time requirements to the City .
. 3 Manage deliveries to keep waste separate from other materials that can be processed off site for recycling (including green waste, and construction and demolition materials);
.4 -. Shall ensure housekeeping and cleanliness including litter, odor and noise control; .5 Shall provide for two load out areas in the Transfer Station: one top loading for MSW and another for food waste;
.6 Shall provide for automatic scale readout under the MSW transfer vehicle loading position. Food waste will be weighed prior to transport with data included in the Materials Management Database;
. 7 Shall provide for compliance with all city ordinances and requirements for demolition, design and construction, including but n·ot limited to Section 9 of the Municipal Code: Planning and Zoning Code. Make reasonable efforts to meet the City's Sustainable City Plan requiring all civic and civic-sponsored buildings to meet U.S. Green Building Council's Leadership in Energy and Enyironmental Design (LEED) Silver requirements, and the City's C&D ordinance; .8 During the construction of the Transfer Station and the Self Haul Facility, Contractor shall minimize any disruption of the City Yards. Contractor will make its reasonable best effort to ensure the continued operation of the SCD Transfer Station throughout the construction proG,ess; and
19 .9 Contractor shall manage and account for the City's Acceptable Materials delivered to each City Approved Processing Facility as defined in Section 1.1.9 in a manner that insures that the recycling and diversion of each material is documented.
Section S.4 Equipment and Operators. .
. Contractor will provide all equipment necessary for its operations, including, but'not limited to, the following: (i) Operating Equipment and supplies; (ii) Operations Maintenance; and (iii) Office Equipment, Materials and Supplies. Contractor shall provide required equipment, operators, and transportation services for the movement in, around, and out of the City Yards, the public right of way, and the Transfer Station for delivery to the MRF and markets as necessary. ·
Section S.S Responsibility to Load Separately.
Contractor will load MSW separately from other materials.
Section S.6 Hazardous Materials.
Contractor will handle and dispose of intercepted Hazardous Materials in conformance with the SCD Hazardous Material Handling Program as approved by the City and in compliance with Applicable Law.
Section S. 7 Hauling .
. 1 Contractor will be responsible for hauling Acceptable Materials from City and from the Santa Monica public from the Transfer Station and the Self Haul Facility to a City Approved Processing Facility on a daily basis. Contractor shall haul various materials, including but not limited to, MSW, Green Waste, Food Waste, and construction and demolition waste, and deliver such materials to multiple City Approved Processing Facilities based on the needs of the City. The City Approved Processing Facility may change over the term of this Agreement. · .2 The City, at its sole discretion, may contract directly with the processing and disposal location operators for price and direct payments to or from the City . . 3 Contractor will provide necessary documentation supporting invoicing and payments made to the City from deliveries by Contractor on the City's behalf.
Section S.8 Alternative Fuel Requirements.
Contractor's equipment and vehicles shall comply with the alternative fuel requirements as defined by the South Coast Air Quality Management District and other applicable regulatory agencies.
20 Section 5.9 Disposal Facility· Designations.
Contractor shall comply with all disposal facility designations. Contractor shall comply with, and dispose of all Materials at City Approved Processing Facility as such term is defined in Section 1.1.9.
Section 5.10 Loading Operations.
Contractor shall provide the transfer trailers and shall load the trailers with Acceptable Materials within the legal weight limits. Accordingly, Contractor shall be responsible for any over-weight violations that occur in this regard. Contractor is responsible for observing the loading process and may add any device(s) at the Contractor's sole cost and expense; provided any devices installed on City property shall be with the prior written approval of the City.
Contractor shall be responsible for maximizing loads whenever appropriate, thereby reducing traffic time and number of trips.
Section 5.11 Respond to Emergency Debris Removal.
Contractor will make best efforts to assist the City in responding to Emergency Debris Removal. The reasonable additional substantiated costs involved in providing Emergency Debris Removal will be submitted in the Contractor's invoice for reimbursement. City shall assist Contractor in Contractor's efforts to acquire any necessary emergency permits or authorizations needed from any appropriate regulatory agencies for the Emergency Debris Removal.
Section 5.12 Responsibilities for Processing Functions.
Contractor shall perform the following processing functions associated with loading, unloading, processing and hauling activities for the materials specified from the tipping locations specified:
Material Tipping Location
residue Hauling
Self-Haul Facility or
SW from self-haulers ransfer Station as
reen Waste and Food
aste from City
ppropriate
Self- .
1 . Self Haul Fact 1ty
21 Processing Functions
railer spotting, hauling, disposal
spe'Ct, load out, haul
spect, load out, haul
spect, load out, haul
C&D from City Transfer Station Inspect, load out, haul
C&D from Self-Haulers Self Haul Area Inspect, load out, haul Section 5.13 Public Information and Education Support.
Contractor will cooperate with the City's public information and education programs to promote diversion goals. The City will work with Contractor in determining the public infomiation and educational programs and services to be offered to achieve the diversion goal.
Section 5.14 Hours of Operation.
The Contractor shall maintain, at a minimum, hours of service from 5:00 a.m. to 4:00 p.m .. , Monday through Friday, 7:00 a.m. to 4:00 p.in., Saturday. From time to time, the closure hours for the City use may be expanded as reasonably necessary and mutually agreed upon by the parties. The Contractor will be. open all weekdays except the same Leg~ Holidays as the ·City, however, the Contractor may extend the Hours of Operation beyond those set by the City or elect to open during the Legal Holidays at its own discretion. This requirement may be suspended for any day on which City declares the occurrence of an Uncontrollable Circumstance to the extent that performance i.s impaired or prevented as a direct result of such occurrence, It is recognized that public hours may vary in order to comply with the tonnage limits set forth in Contractor's Permit .and to comply with the priority provisions set forth in Section 5.2.
Section 5.15 Customer Service .
. 1 Office Hours. During the Hours of Operation, an employee of Contractor shall be available to answer a published telephone number and e-mail address during these hours.
Pagers and recorders shall not be an acceptable substitute. A fax machine and email is required for Contractor to recdve written instructions and notices. Contractor shall have the capacity of responding to customers in English and Spanish .
. 2 Emergency Telephone Number. Contractor will maintain an emergency telephone number for City use outside normal Hours of Operation. Contractor will have a representative, or an answering or call-forwarding service to enable communications with such representative, during all hours other than Hours of Operation.· .3 Service Complaints. Contractor agrees that the protection of public health, safety and well-being require that customer complaints be acted on promptly and that a record be maintained in order to permit City and Contractor to identify potential public health and safety problems, Accordingly, Contractor shall maintain records with respect to customer complaints as set forth in Section 7.4.2.A and Section 17.1, below, and shall promptly respond to all complaints.
22 Section 5.16 Safety Obligations.
All services performed under this Agreement shall be performed in such a manner as to provide public safety and to meet or exceed the safety standards set forth by Applicable Laws.
Contractor shall be responsible for the security of the Transfer Station and the Self-Haul Facility.
Contractor shall take all reasonable actions to prevent vandalism.
Section 5.17 No Nuisance.
Contractor shall be responsible for maintaining the Transfer Station and the Self-Haul Facility in a manner that does not create a nuisance condition in violation of Applicable Law.
Should any regulatory agency find or conclude that a nuisance condition in violation Applicable law exists, the Contractor shall respond to such findings or conclusions and remedy the nuisance, pay any applicable fines or penalties, and modify operations or conditions as may be applicable and necessary. Nothing herein shall prohibit Contractor from defending itself against such regulatory nuisance findings or conclusions.
Section 5.18 Compliance with Applicable Laws.
Contractor shall comply with all Applicable Laws and lawful orders of any Governmental Authorities (including, without limitation, those laws, ordinances, rules, regulations and lawful orders relating to safety, prevailing wage, Hazardous Substances, and equal employment opportunities); pay all local, state and federal payroll taxes; and pay all benefits, insurance, taxes and contributions for Social Security and Unemployment Insurance which are measured by wages, salaries or other remuneration paid to Contractor's employees. Upon City's request, Contractor shall furnish evidence satisfactory to City that any and all of the foregoing obligations have been fulfilled . . Without limiting the foregoing, Contractor shall comply with, and shall require any subcontractors or consultants, to comply with, provisions of City's Municipal Code, including, without limitation, the prevailing wage requirements of Santa Monica Municipal Code Section 7.28.010, and the Living Wage Ordinance of Santa Monica Municipal Code Section
4.65.010, as may be amended from time to time, and with applicable Federal or State prevailing wage requirements in accordance with the sources of funding for this Project.
Contractor will comply with Applicable Law prohibiting the discrimination against any person or persons because of race, color, religion, ancestry, national origin; local custom, habit, sex, age, sexual orientation, disability, veteran's status, medical condition (as defined in Section 12926 of the California Government Code), marital status or citizenship, including, but not limited to, Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. Section 2000d); the Age Discrimination Act of 1975 (42 U.S.C. Section 6102); the Rehabilitation Act of 1973, as amended (29 U.S.C. Section 794); the Fair Housing Act of 1988 (42 U.S.C. Section 3601); and the Americans with Disabilities Act (3 U.S.C. Section 421). 23 ARTICLE VI
PAYMENTS AND FEES
Section 6.1 Payments and Fees from City.
As consideration for all services provided pursuant to this Agreement, City agrees to pay, and Contractor agrees to accept, per ton amounts specified below ("Per Ton Fee") for each ton of Acceptable Materials. The Per Ton Fee consists of the following: (i) a Transfer Station Cost in the amount of $14.18 ("Transfer Station Cost"); (ii) Hauling Cost per ton shall be the sum of the Hauling Price Fuel Component in the billing period in question and the Hauling Price Non-Fuel Component for the calendar year ("Hauling Costs") for transfer to the sites defined in-the Transfer Hauling Radius Map attached hereto as Exhibit "9; and (iii)Contractor's administrative fee of$1.00.
On the Commencement Date, the Hauling Cost to Facilities in Groups A, B, C and D s hall b e th e o D11 owmg: .
Zone A B C D
Distance (miles) 30 40 60 75
Transfer Station Cost $14.18 $14.18 $14.18 $14.18
Non-Fuel Hauling $3.25 $5.99 $8.79 $10.00
Fuel (based on actual cost) $3.85 $6.06 $7.95 $11.08
Administrative Fee $1.00 $1.00 $1.00 $1.00
Cost per ton .$22.28 $27.23 $31.92 $36.26
.1 Zones C and D. With respect to hauling costs for zones C and D, the parties agree to work cooperatively with each other to locate appropriate overnight parking for Contractor's additional vehicles required for transport to zones C and D to provide the services pursuant to this Agreement. In the event any additional parking costs are required for such overnight parking, then the parties sh~l negotiate the reasonable sharing of such costs . . 2. Adjustments to the Per Ton Fee .. The Transfer Station Cost shall. be subje.ct to an annual CPI adjustment. The Hauling Cost shall be subject to an Annual CPI adjustment and monthly Fuel Index adjustment. The annual cost adjustments shall be applied each January I st after the Commencement Date for the remainder of the Term and Extension Terms, if any . . 3. Self-Hauling Rates. The gate rates to be charged to Santa Monie.a residents and Santa Monica businesses in the Self-Haul Facility shall be in accordance with the following formula for each Ton, with a minimum charge of one Ton: · Solid Waste= $66.00 per Ton
Green Waste= $48.00 per Ton
Construction Debris = $81.00 per Ton
24 The above rates shall be collectively be referred to as "Gate Rates." The Gate Rates constitute those rates ih effect as of the Execution Date. In addition to those above rates, the City may elect to expand said Gate Rates to also include E-Waste at a rate of $24.00 (minimum charge) or $10.00 per monitor or TV handling fee or .30 per pound for CPUs or other E-Waste; however, the City shall have the right to direct the E-Waste elsewhere. On an annual basis, the City will review the public rates of comparable regional facilities in order to make a determination as to the reasonableness of the Gate Rates. The Gate Rates will be increased each January I st by CPI commencing as of January 1, 2009, plus pass-through of those documented increases in the disposal facility charges .
.4 Emergency Debris Removal. Costs for Emergency Debris Removal, if any, shall be in accordance with the provisions of Section 5.11, above.
Section 6.2 Disposal/Recovery Facility Cost.
The City may elect for the Contractor to pass through the actual cost of the Disposal/Recovery Facility Cost to the City or for the City to pay such costs directly with the facility.
Section 6.3 Payment for City Equipment.
Upon the issuance of the Notice to Proceed, the Contractor shall provide a lump sum payment in the amount of $89,500 as payment for the purchase of the City's equipment listed in Exhibit "11." This amount may be adjusted downward to delete any equipment no longer owned by the City as of the date of the Notice to Proceed with Operations.
Sectiol) 6.4 Monthly Invoices.
Contractor will submit monthly invoices to the City, which shall contain all information to identify the payments set forth in Section 6.1 in accordance with the Materials Management Database, including, but not limited to, the Per Ton Fee, and other information as reasonably requested by the City. The format of the invoices shall be agreed upon by the parties.
Contractor will submit the monthly invoices on the final Day of each month, and such invoices shall contain all information required in this Agreement. Within 10 calendar days of receipt, the City will pay the Contractor the undisputed Per Ton Fee. Any disputes of the Per Ton Fee shall be resolved through the Dispute Resolution Procedure set forth below in Section
17. Section 6.5 Favored Nation Pricing Policy.
A. Application of the Favored Nations Pricing Policy.
During the term of this Agreement, including the Extension Term, if any, should the Contractor enter into a multi-year contract of two or more years for the provision of solid waste transfer services similar to those described in this Agreement, and regardless of whether specific 25 I
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transfer commitments are made or not, City will receive the benefit of any updated prices, payments and fees offered to such an entity if such· prices are lower than the prices then in effect under this Agreement. The prices, payments and fees pursuant to such similar contract will replace and supersede the prices, payments and fees pursuant to Section 6.1 herein. The intent of this policy is to guarantee that·the City "for the life of the Contract" will have a waste transfer, recycling, and/or disposal cost at least equal to the best available pricing structure offered at any time by the same Contractor and under any competitive situation.
B. Annual Disclosure.
On an annual basis, Contractor will be required to make an annual disclosure to City of all contracts that cause solid waste to enter either (1) the same Transfer Facility as used by City, or (2) the same recycling or disposal site(s) where City material is recycled or disposed by the Contractor. City will also have the right to request and receive a copy from the Contractor of the specific terms of any contract that might be the reason for evoking this Favored Nations Pricing Policy pursuant to subsection (C), below. ·
C. Confidentiality of Third Party Contracts.
Subject to the City's covenant to hold the Contractor's confidential and. proprietary information in strict confidence, the City will also have. the right to request and receive a copy from the Contractor of the specific terms of any contract that might be the reason for evoking this Favored Nations pricing Policy. If the terms of such contract contain information deemed by the Contractor as proprietary confidential information, Contractor shall mark those provisions as "Confidential" on each such page and shall provide such infonnation in an envelope marked "Confidential." City will return such documents after review within ten (10) days, unless otherwise extended by the Parties. Additionally, the City will have the right to review all contracts subject to this provision at the offices of the Contractor. Subject to the provisions of Applicable law, including the California Public Records Act, California Government Code Section 6250 et seq.,_ the City shall treat such provisions as proprietary confidential information.
ARTICLE VII
RECORDS AND REPORTING REQUIREMENTS
Section 7.1 Computerized Records.
Contractor shall ensure that all material and quantity data shall be entered into a computerized Materials Management Database in accordance guidelines to be issued by the City's Chief Information Officer of the Information Systems Department (the "CIO"). The CIO shall have the right to review and approve any software, related hardware and equipment specifications for the Materials Management Database, including the system interface thereof. 26 Section 7.2 Books and ~ecords: Audits .
. 1 Contractor shall maintain all records relating to the services provided hereunder, including, but not limited to, billing records, documents relating to the fees and payments set forth in Section 6 .1, or the period during which services are to be provided pursuant to this Agreement. The books and records· shall be maintained for a period not less than six (6) years, or any longer period required by law. The City shall have the right, upon ten (10) business days advance notice, to inspect, copy and audit all records relating to this Agreement, including, but not limited to, billing records, maps, customer complaints, and all records that impact the City's cost (including internal controls and accuracy of scale operations) and relevant to ensuring that the City is charged only for its refuse. Such records shall be made available to City at Contractor's regular place of business, or other place agreed to by City and Contractor, within the County of Los Angeles.
Section 7.3 Integrated Waste Management Act; Reporting Requirements . . 1 Contractor - City Cooperation. Contractor shall maintain all documentation relating to its operation necessary for reports to the California Integrated Waste Management Board (CIWMB) and/or the Local Enforcement Agency (LEA) or ~y other applicable regulatory agency. During the period during which transfer services are to be provided pursuant to this Agreement, Contractor, at no expense to City, shall submit to City all relevant information and reports required to meet the reporting obligations imposed by the CIWMB under the Act, as amended. Contractor agrees to submit such reports and information by email or on computer - discs, in a format acceptable to City, at no additional charge, if requested by City. Contractor shall cooperate with City in Commercial Solid Waste Disposal Characterization Stµdies and waste stream audits and shall implement measures adequate to help achieve the diversion goals set forth in its proposal. The City and Contractor will exercise best efforts to ensure that any waste diversion studies or other cooperative efforts under this Section will not materially impact the efficient operations or wait times at the Transfer Station and Self-Haul Facility . . 2 Changes in AB 939, RCRA, CERCLA and Related Laws. This Agreement is part of the City's efforts to comply with the provisions of the Act as it may be amended and as implemented by the regulations of the California Integrated Waste Management Board, or its successor-agency, as may be amended, and the City's Source Reduction and Recycling Component, as may be amended. In the case of changes in the laws which could not have been anticipated or foreseen at the Execution Date and which significantly increase or decrease the cost of Contractor's service, Contractor or City may seek a rate increase or decrease to offset the increase or decrease in costs directly attributable to the amended or newly enacted provision of law or regulations, specifying, in writing, the law to which the additional costs or savings are attributed, and how they would result in increased costs. Any- request by the Contractor for a rate increase pursuant this provision must have been contained in the preceding Annual Report indicating the anticipated change would necessitate a rate change; however, in the event of any emergency legislation or emergency regulatory change which could not have been contained in the Annual Report, Contractor may submit such request mid-year. In the event that the parties are unable to agree to any modification of this Agreement pursuant to this provision, then either party may submit this matter for the First Step and Second Step of the.Dispute Resolution 27 l
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Procedure set forth in Section 17.2, below, and in the event that such dispute cannot be resolved through such procedure, then either party may terminate this Agreement, without cause, upon twelve calendar months written notice to the other party pursuant to the provisions of Section
14.4(B).
Section 7.4 Activities and Financial Reports; Adverse Information . . 1 Injury Reporting The Contractor must notify City, the City's Risk Manager, and the Project Manager, of any occurrence of a personal injury at the Self-Haul Area or the scale area; and take all appropriate action in response .
. 2 Monthly and Annual Reports for City Material. Contractor, at no additional expense, shall submit to the City such information or reports in such forms and at such times as the City reasonably may request or require, including, but not limited to the following, submitted not less often than as indicated:
A. Monthly and Annual Reports. Reports shall be submitted to City, transmitted in a format acceptable to City, as an attachment toe mail or by disc, at City's option. Reports shall include the following:
(i)
(ii)
(iii)
Solid Waste Tonnage of City Materials.
a. Contractor shall provide City-approved electronic mo:rithly reports that include, but are not limited to, receipts or invoices, delivery logs by hauler and material type for City related deliveries, total tons of City solid waste handled by inaterial type, unit charge and total monthly charge by material type, and total invoice amounts. All data provided must be consistent with any and all federal, state, and local reporting requirements.
b. The report shall show the number of tons. collected each month and the tonnage delivered to disposal facilities, itemized by disposal facility.
Recyclable Solid Waste:
a. A statement showing, by type of material, tons received during the month and tons directly rnark~ted during the month and tons delivered to processing facilities during the month, itemized by facility.
Complaints, Incidents and Accidents:
Contractor shall provide an itemization of all complaints, incidents and accidents that result from the operation of the Transfer Station and the 28 transport of Acceptable Materials. The status and disposition of complaints, incidents and accidents shall also be provided. (iv) Certification:
Contractor will provide a certification statement, under penalty of perjury, by the responsible corporate official, that the report is true and correct. (v) Fuel Costs:
Contractor shall attach copies of fuel invoices indicating the price(s) paid for fuel deliveries during the immediately preceding thirty (30) days to each invoice submitted to the_ City .
. 2 Annual Report. Contractor shall submit to the City a written year end Annual Report in a form approved by the City by each January 31 st• The Annual Report shall include the following information for the preceding Year ending on the preceding December 31st:
A. General Information. General information about Contractor, including a list of Contractor's officers and members of its board of directors. A copy of Contractor's most recent annual and other periodic public :financial reports and those of each of its subsidiaries and affiliated corporations and other entities, if any, performing services under this Agreement,~ the City, following consultation with Contractor, may request.
B. Prior Year's Activities. A cumulative summary of the Annual Reports and information and statistics with respect to City's compliance with AB 939.
C. Recommendations. Changes in integrated waste management, including projections and proposed implementation dates and costs, recommended by Contractor and recommended amendments to the City's Source Reduction and Recycling Element or this Agreement, based on developments in applicable law or technology. Contractor's recommendations with respect to compliance with AB 939 shall state the specific requirement of AB 939 that the implementation of the recommendation is intended to satisfy.
D. Anticipated Legislative and Regulatory Changes. A list of anticipated legislative and regulatory changes anticipated to take effect in the coming calendar year.
Contractor shall include a detail of operational changes necessary to comply with the anticipated legislation, including, any proposed rate increases or decreases attributable to such legislative or regulatory change.
E. A copy of the customercomplaint log.
F. Any violations of Applicable Law, including, but not limited to, fines and penalties issued by any regulatory agencies.
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G. An audited statement of the payments and fees contained in Section 6.1 which shall conform to and be in accordance with generally accepted ac(2ounting principles. The annual statement shall be accompanied by a signed certificate of an independent Certified Public Accountant (the "CPA") stating specifically that (i) the CPA has examined the Annual Report for the Year, (ii) the CPA's examination included such tests of Contractor's books and records as the CPA considered necessary or appropriate under the circumstances, (iii) the said payments conform with and are computed in compliance with the. definition of Per Ton Fee contained in Section 6.1, above. In the alternative, Contractor may substitute a verification by a corporate officer authorized to by the Contractor to sign a statement attesting to the accuracy of the Annual Report, under penalty of perjury .
. 3 Reporting Additional Matters. Contractor shall provide City two copies ( one to the Director of Public Works and the other to the Solid Waste Management Division) of ~I correspondence, reports; pleadings, applications, notifications, Notices of Violation, communications or other material relating specifically to Contractor's performance of services pursuant to this Agreement, submitted by Contractor to, or received by Contractor from, the United States or California Environmental Protection Agency, the California Integrated Waste Management Board, or its successor agency, the California Department of Toxic Substances Control, or its successor, any other federal, state or county agency, including any federal or state court. Copies shall be submitted to City ·simultaneously with Contractor's filing or submission of such matters with said agencies. Contractor's routine correspoi;i.dence to said agencies need not be routinely submitted to City, but shall be made available to City upon written request. .4 Submission of Reports. Reports shall be submitted to:
Director of Public Works
City of Santa Monica
1685 Main Street, Room 113
Santa Monica, California 90401
With a copy to:
Solid Waste Operations Manager
City of Santa Monica
2500 Michigan Avenue
Santa Monica, California 90404
. .5 Failure to Report. The refusal or failure of Contractor to file any required reports, or to provide required information to City, or the inclusion of any materially false or misleading statement or representation by Contractor in such report shall be deemed a material breach of the Agreement and shall subject Contractor to all remedies which are available to the City under the Agreement; provided, that the City must follow the dispute resolution provisions of this Agreement before declaring any material breach. 30 .6 Costs. All reports and records required under this Agreement shall be furnished by disk or email at the sole expense of Contractor
. 7 City's Right to Request Information. The City believes and Contractor agrees that cooperation between City and Contractor is critical to the success of this program. City reserves the right to request, and Contractor agrees to provide, additional information reasonably and directly pertaining to this Agreement on an "as needed" basis . . 8 CERCLA Defense Records. City views the ability to defend against CERCLA as defined in Section 1.1.4 and related litigation as a matter of great importance. For this reason, the City regards the ability to prove where its solid waste was taken, as well as where it was not taken, to be matters of concern. Contractor shall maintain data retention and preservation systems, which can establish where solid waste collected in the City was landfilled (and therefore establish where it was not landfilled) and a copy or summary of the reports required by this Agreement, for fifty years after the term during which collection services are to be provided pursuant to this Agreement and to notify City's Risk Manager and City Attorney before destroying such records. This provision shall survive the expiration of the period during which services are to be provided under this Agreement.
ARTICLE VIII
CONTRACTOR'S PERSONNEL OBLIGATIONS
Section 8.1 Operating Personnel.
Contractor will provide operating personnel and will provide:
a. Rules for employee behavior
b. Training of employees
c. Employee uniforms
d. Substance abuse program
e. Compensation program that meets City Living Wage requirements for itself and its contractors.
Section 8.2 Management and Supervisory Personnel Assigned to the Contract . . I Contractor shall utilize the management team set forth in its Proposal. .2 Contractor shall designate qualified employees as supervisors of the Transfer Station and Self Haul Facility operations. _Supervisors will be in the field inspecting Contractor's work and will be available to the City by radio or phone during the Contractor's hours of operation. These supervisors shall have communication with each transfer vehicles working on _the City transfer operations and with SCD .
. 3 The Contractor must submit a list of all key management personnel who will be used under this Agreement by Contractor or its Subcontractor. This list, which updates the key 31 l
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personnel list provided in the Proposal, must be submitted within thirty (30) days after notification of selection o_f award from the City. In the event of a change in key management personnel for this Contract, the City has the right, in its reasonable discretion, to accept or reject for cause the Contractor's use of such personnel.
4 During the term of this Agreement, it shall be the.Contractor's responsibility to maintain key management personnel with demonstrated business experience, personal reputation and integrity, and solid waste expertise of the management team listed in the Proposal: In the event of any proposed changes, Contractor shall provide a written notice of proposed substitution containing a resume setting forth the requirements of this provision, along with three references of the p~oposed management candidate,.to the Director of Public W.orks at least two (2) weeks in advance. The proposed management candidate must meet the requirements of this Section 8.2.4 and have qualifications equal to or better than the prior key personnel. City reserves the right to reject any proposed key management personnel, for cause. In the event that the City rejects any proposed key management personnel, such dispute shall be subject to the Dispute Resolution Procedure set forth in Section 17.2, below.
Section 8.3 Employee Behavior .
. 1 All Contractor's personnel must maintain a respectful attitude toward the public, the customers and City at all times. Contractor shall use its best efforts to assure that all employees present a neat appearance and conduct themselves in a courteous manner. Contractor shall regularly train its employees in customer courtesy and shall instruct employees to perform the work as q~etly as po~sible .
. 2 At no time may a Contractor or its personnel solicit, request, or receive gratuities . of any kind, directly or indirectly, or any additional compensation from members of the public · for services provided under the Agreement.
.3 The Contractor must direct its employees to avoid unreasonable-loud or any profane language at all times during the performance of duties. .4 The Contractor must remove any employee of the Contractor, who engages in misconduct, is incompetent or negligent in the proper performance of duties or is disorderly, dishonest, intoxicated or discourteous from service under the Contract.
Section 8.4 Tra_ining of Employees .
. 1 Contractor will train its employees as to the City's rules and regulations. This training is to be ongoing .
. 2 Contractor shall require that its employees shall not trespass, loiter or tamper with j property not covered by this Contract.
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32 .3 Contractor shall require that their employees have been properly trained to meet all federal, state, local, and OSHA requirements, and in accordance with the SCD Training Manual as approved by the City .
.4 All ~quipment drivers shall be trained and qualified in the operation of the applicable equipment and must have an appropriate and valid Drivers License issued by the California Department of Motor Vehicles .
. 5 Contractor shall provide suitable operational and safety training for all of its employees who utilize or operate vehicles or equipment for Transfer Services of materials under the Contract. Contractor shall train its employees to identify, and not accept, Hazardous Waste or Infectious Medical Waste. The Contractor must conduct training sessions to thoroughly instruct all employees used on the Transfer Station floor as to their duties under the Contract and the proper methods of performing them. Employees must receive adequate training from the Contractor before starting work under the Contract. ·
.6 Employee Training will be an on-going process by the Contractor and the Contractor will provide the Director of Public Works the training policy and a schedule of specific classes or sessions. A City representative may attend any of these training sessions held by the Contractor. It is the responsibility of the Contractor to provide the same training for all subcontractors, or include the subcontractors in their training sessions. City may require an inspection of Transfer Services during the ten (10) day period proceeding the first day of scheduled operations to verify Contractor readiness or after the start of operations as a quality check. If City determines that the Contractor is not ready or does not pass a quality check, then it may require reasonable remedies to ensure Contractor readiness, including but not limited to additional training.
Section 8.5 Employee Uniforms.
All non-management employees of the Contractor performing work under this Agreement shall be uniformed showing their association with the Contractor or approved logo, as follows:
.1 The Contractor must furnish each employee who works in the Transfer Station or Self-Haul Facility with an appropriate uniform identifying him or her as employees of the Contractor. The uniform shall be a complete set of clothing, including but not limited to pants, shirt, and jacket, and must ensure easy identification; .2 Employees of the Contractor are required to wear the uniform at all times while on duty;
.3 When appropriate, employees must wear a. reflective safety vest with the name of their company affixed; and
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.4 Regardless of uniform, Contractor's personnel must wear a short-sleeved or longsleeved shirt at all times during the performance of the Contract. City reserves the right to approve the uniform furnished by the Contractor.
-Section 8.6 Substance Abuse Awareness Plan.
nie Contractor shall be responsible to institute and implement a comprehensive drug education and testing program, which shall cover all employees utilized to perform any duties under this Agreement with the City. Upon the Execution Date, Contractor shall submit a mandatory substance abuse awareness plan to the City, which shall include the implementation of a random testing plan. This plan shall require that each employee be given a copy of the workplace substance abuse policy; the dangers of substance abuse in the workplace; available counseling, rehabilitation, and employee assistance programs; and the penalties that may be imposed upon employees for substance abuse violations. Contractors found not to have a drugand alcohol-free workplace shall be subject to penalties or termination under the Contract.
ARTICLE IX
INSURANCE AND BONDS
Section 9.1 Insurance Requirements.
At· all times from Execution Date of this Agreement, and prior to commencement of any construction of the Transfer Station and the Self Haul Facility, Contractor shall procure and · maintain at Contract~r•s own cost and expense for the duration of the Agreement, including any Extension Terms, if any, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the Transfer Station and the Self Haul Facility, including, but not limited to, services and operations provided by the Contract pursuant to this Agreement, and the possession, occupancy, operation and use of the City property, the insurance set forth in Exhibit "7" and incorporated herein by reference. · · j Section 9.2 Bond Requirements.
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The Contractor shall furnish to the City a performance bond guarante~ing the faithful performance of this Agreement (hereinafter "Performance Bond''). The Performance Bond shall be executed by a surety company licensed to do business in the State of California. The Performance Bond shall be in the amount of One Million Dollars ($1,000,000) and shall be valid for the term of this Agreement. The Performance Bond shall be furnished to the City by the Contractor prior to the start of the term of the construction ·and installation ofthe Project or any renewal hereof. Without limiting any other indemnity provisions herein, said Performance Bond shall indemnify the City against any loss, expense, cost or damage resulting from any default by Contractor hereunder or any failure ofperformance·hereunder by the Contractor. The Risk · Manager of the City is hereby delegated the authority to approve not only the content of the Performance Bond, but also the financial capabilities of the surety company to perform. The form of the Performance Bond sh~l be substantially similar to the Performance Bond attached hereto as Exhibit "8."
34 ARTICLEX
INDEMNITY
To the fullest extent permitted by law, the Contractor agrees to indemnify, defend and hold harmless, the City, its board and council members, officers, employees, agents and volunteers ("Indemnitees"), through legal counsel reasonable acceptable to City, from any and all Losses arising out of or relating to any of the following: (i) performance or nonperformance of this Agreement by Contractor or its consultants of any tier; (ii) activities of the Contractor or its consultants, of any tier; (iii) the payment or nonpayment by the Contractor or any of its consultants, of any tier; and (iv) any personal injury, property damage or economic loss to third persons associated with the performance or nonperformance by the Contractor or its consultants, of any tier. However, nothing contained in this provision shall be construed as obligating the Contractor to indemnify any Indemnitee for Losses resulting from the Indemnitee's sole or active negligence or wrongful misconduct. Contractor shall take steps to assure that a right indemnification is included in all subconsulting agreements.
ARTICLE XI
PROIDBITION AGAINST TRANSFERS
Section 11.1 Prohibition Against Transfer.
The Contractor shall not assign, hypothecate or transfer this Agreement or any interest herein or any portion thereof by operation oflaw or otherwise (generally, a "Transfer") to any person or entity ("Transferee"), without the prior written approval of the City, which shall not be unreasonably withheld; however, those individuals designated as Approved Transferees listed in Section 11.2.2 shall not be subject to this provision. Any attempt to Transfer without complying with the foregoing shall be null and void, any assignee, sublessee, lienholder or Transferee shall acquire no right or interest by reason of such attempted Transfer. The sale, transfer, assignment or hypothecation of fifty percent (50%) or more of the controlling or beneficial interest of Contractor shall constitute an assignment, and therefore a Transfer, under this Agreement. .1 Transfer of Corporate Shares. If Contractor is a corporation ( other than a corppration the outstanding voting stock of which is listed on a "national securities exchange," as defined in the Securities Exchange Act of 1934, as amended) and if at any time after execution of this Agreement any part or all of the corporate shares of Contractor are transferred by sale, assignment, bequest, inheritance, operation of law or other disposition (including, but not limited to, such a transfer to or by a receiver or trustee in Federal or state bankruptcy, insolvency, or other proceedings) so as to cause.a change in the entities or persons owning a majority of the corporate shares of Contractor as of the Execution Date, such event shall constitute a Transfer as specified in Section 11.1 .
. 2 Approved Transfers. Notwithstanding the foregoing restrictions on transfer of corporate stock shares, City and Contractor agree that upon prior written notice to City, transfers of corporate stock may be made to the following relatives of the management team without triggering City's '.fermination Option: The persons listed herein shall be approved transferees 35 . l
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("Approved Transferees"): Luke Kard~hian, and Haig (a.k.a Mike) Matosian, Samuel Matosian, Valentina Matosian, Maximilian Kardashian, Tiffany Kardashian, Seta Kardashian, Tamara Matosian, and Sabrina Kardashian. With the exception of those Approved Transferees currently on the management team of the Contractor, all of the other Approved Transferees shall be subject to the requirements of Section 8.2 prior to assuming any key management role identified in Section 8.2.3.
Section 11.2 Right of First Refusal.
If Contractor desires at· any time to effect a Transfer to any entity other than an "Approved Transferee," it must first notify City of its desire to do so and shall submit in writing to City the name of the proposed Transferee, the name of the proposed Transferee's bus_iness to be conducted in the Premises, the terms and provisions of the proposed Transfer, and such financial and other information as City may request concerning the proposed Transferee. Prior to any request for City's consent to any Transfer, all of the following conditions shall be met: (i) the original named Contractor shall not be relieved of its obligations; and (ii) Contractor shall reimburse City for City's reasonable-attorneys' fees incurred or the value of attorneys' servi_ces received in connection with the review, processing and documentation of s~ch Transfer request; and (iii) the Contractor shall inform City of any and all terms of the Transfer, including, but not limited to, compensation it receives in connection with any Transfer. The City shall have a right of first refusal with respect to such proposed Transfer, and shall have a sixty (60) day period in which to exercise its right of first refusal to acquire the interests subject to the proposed Transfer under.the same terms and conditions as proposed.
Section 11.3 Prior Consent for Transfer.
In the event the City elects not to exercise its right of first refusal as set forth in Section 11,2, the City shall review the Contractor's request for Transfer to determine whether or not to approve the Transfer. Contractor and City acknowledge that City would not enter into this Agreement but for the busmess experience, reputation and expertise of the management team listed in Contractor's proposal. Accordingly, and without waiving City's other rights of approval and right of first refusal, any proposed Transferee shall not be approved unless City has · determined, as minimum requirements, that such proposed Transferee has all of the following: · (i) at least fifteen years of business experience; (ii) the proposed Transferee has a net worth reasonably satisfactory to, and verified by, City; and (iii) the personal character, reputation and integrity of the proposed Transferee and its principals and operational officers and owners are of the highest caliber. The City may require additional requirements of the proposed Transferee, and subsections (i) through (iii) are not to the exclusion of any other reasonable requirements which City may require. The consent to any one Transfer shall not be deemed a consent to any future or additional Transfer. ·
Section 11.4 Termination Option.
In the event of an unauthorized Transfer, in addition to any other rights City may have, City may elect to terminate this Agreement (a "Termination Option") at any time thereafter ~Y . giving Contractor notice of its election of such Termination Option, in which event this 36 Agreement and the rights and obligations of the parties hereunder shall cease as of a date set forth in such notice which date shall not be less than sixty (60) days after the date 9f such notice.
In the event of its exercise of the Termination Option, all payments and fees shall be adjusted as of the date stated in City's notice.
ARTICLE XII
TAXES
Contractor shall be responsible for the payment of all taxes upon personal property, equipment, all wages or salaries, all federal, state and local taxes or contributions imposed or required for unemployment insurance, social security, income tax, workers' compensation or other taxes with respect to the Contractor's personnel engaged in the performance of Contractor's obligations hereunder; and in connection with the operation of Contractor's business with respect to the Transfer Station; and in connection with the ownership of real property or personal property or equipment located at said Transfer Station.
It is understood by the parties that this Agreement may create a pos~essory interest in public property, which may be subject to taxation. In the event such interest is created, Contractor shall pay any and all taxes levied on such interest in a timely manner.
Section 13.1 Notices .
. 1 Delivery.
ARTICLE XIII
NOTICES
All notices, demands or requests to be given under this Agreement shall be given in writing and conclusively shall be deemed received when: (a) delivered personally, or (b) on the third business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, and addressed as hereinafter provided, or ( c) received by the recipient by email or facsimile transmission .
. 2 Addresses.
All notices, demands, requests or Approvals from Contractor to City, other than notices of default or termination, shall be addressed to the City at:
Director of Public Works
City of Santa Monica
1685 Main Street, Room 113
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With a copy to:
Solid Waste Management Division Operations Manager
City of Santa Monica
2500 Michigan A venue
Santa Monica, California 90404
All notices of default or termination shall be addressed to City to the Solid Waste Management Division Manager listed above, and to the following individuals:
And
City of Santa Monica
Office of City Manager
1685 Main .Street
Santa Monica, California 90401-2200
Attention: Assistant City Manager
Santa Monica City Attorney Office
1685 Main Street, Third Floor
Santa Monica, California 90401
Attention: City Attorney
All notices, demands or requests from City to Contractor shall be addressed to:
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Southern California Disposal
1837 24th Street
Santa Monica, California 90404
Attention: Mike Matosian
Change in Address. ·
In the event of any change of address, the moving party is obligated to notify the other party of the change of address in writing. Each party may amend, supplement and update the notice list to add, delete or replace any listed individuals; however, the amendment must be in writing.
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ARTICLE XIV
DEFAULT AND TERMINATION
Section 14.1 Contractor's Performance.
Acceptance of Contractor's work will be determined by the Solid Waste Management Division Operations Manager. Work shall be completed in a responsible manner in accordance with the terms of the Contract.
Section 14.2 Default by Contractor .
. 1 Events of Default. Without limitation to any of the City's other rights or remedies at law or. in equity, City shall have the right to terminate this Agreement in the event that Contractor fails or refuses to perform any of the obligations set forth in this Agreement, and fails to cure in the manner required hereunder. Contractor shall be deemed in default of this Agreement upon the following:
A. If Contractor fails to perform any of the obligations set forth in this Agreement, after notice and after expiration of the time period for cure; B. If Contractor violates· any Applicable Laws, including orders or rulings of any regulatory bodies having jurisdiction over Contractor or the operations of the Transfer Station pursuant to this Agreement; provided that Contractor may contest such orders or rulings by appropriate proceedings conducted in good faith, in which case no breach of this Agreement shall . be deemed to have occurred until a final decision adverse to Contractor is entered;
C.
D.
If Contractor fails to make any payment required to the City in a timely manner or fails to provide City with required information, reports or test results in a timely manner;
If Contractor becomes insolvent, unable or unwilling to pay its debts, or upon listing of an order for relief in favor of Contractor in a bankruptcy proceeding;
.2 Opportunity to Cure Default. The Contractor shall cure any default in performance of its obligations within two (2) business days after receipt of written notice from the City provided; however, that if the default cannot reasonably be cured within such time then the Contractor will commence to cure the breach within two (2) business days and will diligently prosecute such cure to completion within a reasonable time, which shall be in no event later than thirty days after.receipt of such written notice, unless otherwise extended by the City or otherwise specified in the order or ruling by the applicable agency. It is expressly understood that pursuant to Section 14.2.l(B), above, no breach .of this Agreement shall be deemed to have occurred in the event the Contractor contests an order or ruling by a regulatory agency, in good 39 faith, and such agency issues a final adverse decision. Payment of fines or penalties for a onetime violation shall be deemed to have cured any default by the Contractor A. Exception to Opportunity to Cure. If, however, City determines that default contributes to the curtailment of an essential service or poses an immediate threat to life, health or property, City may terminate or suspend the Agreement or any portion thereof immediately upon issuing oral or written notice to the Contractor without. any prior notice or opportunity to cure .
. 3 City's Rights and Remedies Upon Default.
A. Assessment of Liquidated Damages. The parties agree that Contractor's failure to perform the services set forth in this Agreement will cause damage to the City by undermining the City's solid waste management and sustainability goals, and that the amount of such damage is difficult to calculate. Accordingly, the City shall have the right to assess liquidated damages for each and every violation of the Agreement, including, but not limited to the types of violations listed .below in amounts ranging from $100 to $500 per occurrence, and continuing each day until cured. This contractual penalty will be in addition to any other damages available to the City pursuant to this Agreement or under Applicable Law.
1. Failure to clean up all spilled waste resulting from loading and/or transporting - each incident at the same premises;
11. Failure to report an accident, incident or complaint by close of business on the same day;
m. Failure to submit complete, accurate reports and invoices in the specified format shall result in non-payment of invoice until submission of an accurate and appropriately formatted invoice is received;
1v. If, during the performance of their duties, any employee of the Contractor is found to possess or be under the influence of alcohol or illegal drugs or to be under the influence of any prescription drug which could impair the employee's ability, then in addition to a penalty, a written plan from the contractor to remediate the issue within a timely manner will be required.
B. Delete Certain Services. City may, without terminating this Agreement, delete certain portions of the services, reserving to itself all rights to recover losses related thereto.
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C. Perform the Services. City may, without terminating this Agreement, engage others to perform the services or portion of the services that has not been performed by Contractor, reserving to itself all rights to recover losses related thereto.
D.
E.
F.
G.
Suspension for Default. City may, without terminating this Agreement and reserving to itself to recover losses thereto, suspend all or any portion of this Agreement for as long a period of time as City determines, in its sole discretion, in which event City shall incur no obligation to Contractor for reimbursement of costs.
Terminate this Agreement. City may terminate all or any portion of this Agreement for cause according to the notice provisions set forth in Section 13 .1 of this Agreement, reserving for itself all rights to recover losses relating thereto.
Invoke the Performance Bond. City may, with or without terminating this Agreement and reserving for itself all rights to re9ov~r losses related thereto, exercise its rights under the performance bond.
Rights Cumulative. All of City's rights and remedies under this Agreement are cumulative, and shall be in addition to those rights and remedies available in law or equity. Designation of certain breaches shall not be construed as implying that other breaches of the Agreement are not events of default.
Section 14.3 · Default by City.
The Contractor shall have the right to terminate this Agreement in the event of the City's material breach of the obligations set forth in this. Agreement. A material breach shall be defined as the City's failure to pay the undisputed Per Ton Fee pursuant to Section 6.1 or the City's failure to comply with the provisions of Section 4.2. Alternatively, Contractor may elect to· provide to City a written notice of default concerning the City's failure to comply with Sections
6.1 or 4.2 of this Agreement. ·
Upon receipt of said notice, City shall cure any default in performance of its obligations within two business days after receipt of written notice·from Contractor provided; however, that if the default cannot reasonably be cured within such time then City will commence to cure the breach within two business days and will diligently and continuously prosecute such cure to completion within a reasonable time, which shall be in no event be later than thirty days after receipt ofsuch written notice unless otherwise extended by Contractor. Upon notice of such default, either party may submit the dispute to the Dispute Resolution Procedure set forth in Section 17.2, below. ·
41 Section 14.4 Termination for Convenience.
A. City shall have the option, at its sole discretion and without cause, to terminate this Agreement in part or in whole by giving twelve months notice of termination to Contractor in accordance with the notice provisions of this Agreement. Any claim of the Contractor for compensable damages arising as a direct result of the City's termination for convenience may be submitted pursuant to the Dispute Resolution Procedure set forth in Section 17.2, below, and the Contractor shall have the burden of proof of such claim.
B. Pursuant to the provisions of Section 7 .3; either party may terminate this Agreement, without cause; provided, however, the party seeking the termination of this Agreement shall terminate the negotiations upon written notice and shall provide 12 months notice of termination to the other party prior to the expiration of the services required under this Agreement.
Section 14.5 Restoration of City Property and Public Right of Ways.
Upon expiration or termination of this Agreement, for cause or for convenience, the City will restore, at its sole and complete discretion, the City owned real property and the public right of ways to the condition of such properties as of the Execution Date, with the exception of the queuing lane on the south side of Delaware A venue, which will remain configured as a queuing lane and available for use by vehicles queuing for entry into the Transfer Station.
ARTICLE XV
MISCELLANEOUS PROVISIONS
Section 15.1 City's Right to Inspect and Approve.
City shall have the right to:
a. Inspect any facility or project site where the Service(s) under the Contract are performed;
b. Inspect and app~ove any equipment used by the contractor to perform Service(s);
c. Inspect and audit Contractor's records related to this work, state and local regulations managing MSW, and any invoices and payments sent to the City; and . .
d. Have a representative monitoring and reviewing scalehouse and queuing, arid general contract compliance.
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Section 15.2 Living Wage.
The City has adopted a Living Wage. Ordinance which requires the payment of a specified minimum wage for work done pursuant to a services contract with the City where the contract amount is $52,600 or more. This Living Wage Ordinance applies to services provided by employees who do not actually work as a manager, supervisor, or confidential employee, and who is not required to possess an occµpational license. The minimum wage is $13.05 an hour for the period commencing from July 1, 2008 up through June 30, 2009. This minimum wage rate is adjusted annually each July 1 by an amount corresponding to the previous year's change (January to January) in the Consumer Price Index for Urban Wage Earners and Clerical Workers 1967=100 Los Angeles-Riverside-Orange County, California. The Living Wage Ordinance applies to Services to be provided pursuant to this Agreement. Contractor must maintain payroll records that include, at a minimum, the full name of each employee providing services under the contract,job classification, and rate of pay.
Section 15.3 Oaks Initiative.
Upon the Execution Date~ Contractor will be required to submit a cqmpleted Oaks Initiative Disclosure Form.
ARTICLE XVI
MISCELLANEOUS PROVISIONS
Section 16~1 Applicable Law.
this Agreement shall be governed by the laws of the State of California Section 16.2 Titles for Convenience.
The table of contents and the headings of articles and paragraphs are for convenience only and shall not modify rights and obligations created by this Agreement.
Section 16.3 Severability.
If a provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected.- Section 16.4 Successors and Assigns.
This Agreement shall be binding on successors, assigns and legal representatives of and persons in privity of contract with City or Contractor. Contractor shall ·not assign, sublet or transfer an interest in this Agreement without advance written Approval of City, pursuant to Article XI of this agreement. Assignment, subletting•or transfer will not release Contractor from · any of its obligations to City.
43 Section 16.5 Interpretation.
Contractor and City acknowledge that the terms of this Agreement have been mutually negotiated and that such documents shall not be interpreted against either City or Contractor on the basis that either party was responsible for or in control of the drafting of such documents.
Section 16.6 Survival.
All provisions of this Agreement which by their nature continue beyond the termination or completion of performance under this Agreement, including, without limitation, those obligations pertaining indemnification, insurance, confidentiality and ownership of documents, shall survive and continue in force after either termination or completion of performance by Contractor.
Section 16. 7 Entire Agreement.
This Agreement represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations· or agreements, either written or oral. This Agreement may be amended or modified only by Modification or Amendment signed by the parties and approved as to form by the City Attorney. Nothing contained in this Agreement shall be for the ben_efit of, create any contractual relationship with, or give rise to a cause of action in favor of any third party.
Section 16.8 Governmental Powers.
This Agreement is entered into by City in its proprietary capacity only and nothing in this Agreement shall be deemed directly or indirectly to restrict or to impair in any manner or respect whatsoever any of City's regulatory governmental powers or rights, or the exercise thereof by City.
Section 16.9 Independent Party.
Contractor is an independent party, and neither Contractor, its consultants or contractors, nor any of their employees or agents, shall be considered employees or agents of City.
Section 16.10 Force Majeure.
In the event that either party is delayed or hindered from the performance of any act required hereunder by reason of the unforeseeable refusal to grant or the denial, revocation or moratorium of or by applicable governmental authorities of building permits or by strike, unusually inclement weather (but not rain or wind), fire, riot, insurrection or war, then performance of such acts shall be excused for the period of the delay, and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay (though in no event shall the excusal or extension granted hereunder exceed in the aggregate the period of six months).
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Section 16.11 Recitals and Exhibits.
The above recitals and following Exhibits are hereto are incorporated herein as a term of this Agreement. The Exhibits are as follows:
Exhibit "l"
Exhibit '2"
Exhibit "3"
Exhibit "4"
Exhibit "5"
Exhibit "6"
Exhibit "7"
Exhibit "8"
Exhibit "9"
Exhibit "1 O"
Exhibit "11"
Project Description
RSI Report
Description of Acceptable Materials and Estimated Quantities Preliminary Site Plan
Project Timeline
Acceptance of Facility
Insurance
Performance Bond
Disposal Facility Group
Equipment Purchase List
Performance Standards
ARTICLE XVII
DISPUTE RESOLUTION
Section 17.1 Dispute Resolution for Customer Complaints.
All Santa Monica customer complaints shall be reported to City by the close of business on the same day. The resolution of all Santa Monica complaints shall be reported to City for ·-review.If City accepts the report, the report will be deemed acceptable. If City determinesthat the complaint has not been resolved satisfactorily, City will comment on the report in writing to Contractor, if feasible, within ten (10) business days. If the Contractor disputes the results of the City's findings, the Solid Waste Management Divisio~ Operations Manager and Contractor shall meet within ten (10) business days of the report to resolve such dispute. If the dispute cannot be resolved between the Solid Waste Management Division Operations Manager and Contractor, the Contractor may submit a written statement of evidence to the Director of Public Works stating th~ cause of the dispute and eyidence supporting that party's position within five (5) business days of the meeting between the Solid Waste Management Division Operations Manager and Contractor. The Director of-Public Works shall set a meeting within ten (10) business days after receiving the disputing party's notice of such dispute. At such hearing, each party shall present evidence-supporting that party's position. Upon hearing evidence from both parties, the Director of Public Works shall then make a determination to settle the dispute.
Section 17.2 Dispute Resolution Procedure for Contract Disputes. .1. Definition of Contract Disputes. A "Contract Dispute" is a dispute between the Contractor and City concerning the alleged failure to perform an obligation pursuant to the provisions. set forth in this Agreement after notice and an opportunity to cure or those disputes identified as contract disputes subject to the dispute resolution procedure as identified in this 45 Agreement; however, this provision shall not apply to any assessment of liquidated damages by the City or for issuance of a default for cause by the City . . 2 Initiation of Dispute Resolution Procedure. In the event of a Contract Dispute, either party will submit a written notice of a statement of contract dispute setting forth the details of the dispute along with any supplementary facts relating thereto. The other party shall provide a written response thereto within thirty days upon receipt of the written statement. The parties shall comply with each of the following steps in the Contract Dispute Resolution Process in the sequence in which they appear below. Unless City and Contractor agree otherwise in writing, the good faith efforts of a party who is a proponent of a Contract Dispute shall comply with the requirements of a step in the Contract Dispute Resolution Process as a condition precedent to the right of that party to proceed to the next step in the process.
A. First Step: Service Level Negotiations. The service representatives of City and Contractor shall meet as soon ~ possible (but not later than 7 Days after receipt of a Contract Dispute Statement) in a good faith effort to negotiate a resolution to the Contract Dispute. Contractor shall be represented by a service level representative in a supervisory capacity, and the City shall be represented by division manager of the services·. Upon completion of the meeting, if the Contract Dispute is not resolved, then the 'parties may continue the negotiations to the next level.
B. Second Step. Manage Level Negotiations. If the service representatives fail to resolve the Contract Dispute, then management representatives of the both parties, including an officer of the Contractor and a department head or representative of the City Manager's Office for the City shall meet in good"faith to negotiate a resolution of the Contract Dispute.
Upon completion of the meeting, if the Contract Dispute is not resolved, then the parties may continue the process to the next level.
C. Third Step. Mediation. If the Contract Dispute remains unresolved after the Second Step, and if either party wishes to further pursue resolution or determination of the Contract Dispute, the parties agree to submit the Contract Dispute to mediation before a mutually acceptable third-party mediator. In the event the parties are unable to agree upon a mediator within seven Days after the Second Step meeting, then the parties shall submit the matter to the American Arbitration Association ("AAA") at its Los Angeles Regional Office for selection of a mediator in accordance with AAA Mediation Rules for selection of a mediator. The location of the mediation shall be the offices of City. The costs of mediation shall be borne equally by both parties. The mediator shall provide an independent assessment on the merit of the Contract Dispute and recommendations for mediation. All discussions that occur during the mediation and all documents prepared solely for the purpose of mediation shall be confidential and privileged pursuant to California Evidence Code Sections 1119 and .1152.
D. Fourth Step: Bench Trial. lfthe Contract Dispute remains unresolved after the Mediation set forth above, either party wishing to further pursue resolution or determination of the Contract Dispute shall cause to be filed a complaint with a court of proper jurisdiction.
Trial of any such action shall be solely by a decision of a judge and without decision or verdict, advisory or otherwise, by jury.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the date and year first above written.
ATTEST:
lt.A .. ~ +~aAMARIA STEW ART .
City Clerk
APPROVED AS TO FORM:
CITY OF SANTA MONICA,
a municipal corporation
SOUTHERN CALIFORNIA DISPOSAL AND
RECYCLING COMP ANY
By~,d~
47 LUKE KARDASHIAN
President
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EXHIBIT "1"
PROJECT DESCRIPTION
OF THE TRANSFER STATION AND THE SELF HAUL FACILITY . .
1. Transfer Station
Contractor is independently responsible for the design and construction of its SCD Transfer Station expansio.i:i on its land as set forth in Recital J, above. However, the City will have design input so as to ensure the safe and efficient operation of the SCD Transfer ~tation and City owned sites. SCD shall operate the Transfer Station in accordance with this Agreement and SCD will modify the expanded Transfer Station as set forth below:
A. The transfer station may incorporate architectural enhancements to the existing facility that would help achieve the City's desired LEED Silver certification.
B. "Acceptable Material Waste is to be unloaded on the tipping floor and stockpiled inside the building for transfer. Clean loads of select recyclable materials such as construction and demolition debris·or green waste, as well as recyclable materials pulled from the mixed.waste, may be stockpiled separately inside 'the _building for separate load-out and shipment for further processing and "recovery: Food waste will also be received at the station and loaded out separately for delivery to a processing faciHty.
Upon completing the unloading process, exiting vehicles that do not have an established tare weight will weigh· on the dedicated outbound scale.
C. A top loading transfer port exists along the south wall of the building. It is accessed by transfer tractor-trailer rigs that back down a ramp inside the building.
2. Self Haul Faf;ility
The self haul facility is envisioned· to. be east of the transfer station on the east side of Frank Street. Inbound public customers will use the new inbound scale on Frank Street prior to entering the self haul unloading and transfer area. The land and permanent structures will be owned by the City. All mobile and stationary equipment (loaders, forklifts, sorting lines, scales, etc.) will be owned by SCD who will operate the facility. · The self haul area will be, at a minimum, a semi-enclosed area where customers can access and unload their materials in designated areas or containers. The designated areas or containers for. unloading recyclable materials such as construction and demolition waste, green waste, and inerts, will be provided separate from the area where mixed non-recyclable waste materials will be unloaded and stockpiled. Non-recyclable _self haul materials will be loaded into vehicles for shipment and disposal. Recyclable materials will be loaded into vehicles and shipped for further processing and recycling. The majority of the s_elfhaul area is expected to be underlain by old land filled materials. The load-out structure may need to be supported on piles or over-excavated landfill materials replaced with structural backfill. 48 Upon .completion of the unloading process, self haul customers will exit across the transfer station outbound scale, along with un-tared transfer station customers, for weighing and payment. A dedicated fire lane will be provided for access to the residential area to the southeast.
The City is responsible for design, permitting, and construction of improvements on its land. However, SCD will have design input and the parties will work together to ensure the safe and efficient operation of the SCD and City sites. In any case, the City will have final decision authority regarding design of facilities on its land; and likewise SCD will have final decision authority regarding design of facilities on its land.
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EXHIBIT "2"
OPERATIONS PLAN
TRANSFER/PROCESSING REPORT
SOUTHERN CALIFORNIA DISPOSAL
COMPANY ··
RECYCLING AND TRANSFER STATION
·owner and Operator:
SOUTHERN CALIFORNIA DISPOSAL COMPANY
'
P.O. Box 25666
W. Los Angeles, CA. 90025
Revised October 2008
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TABLE OF CONTENTS
Section
1.0 INTRODUCTION AND PURPOSE
2.0 FACILITY PHYSICAL DESCRIPTIONS, LQCA TION
AND SURROUNDINGS
3.0 . RECYCLING AND TRANSFER PROCESS AND
POLLUTION CONTROL
4.0 OPERATIONS
5.0 LITTER, VECTOR CONTROL AND EMERGENCY PROCEDURES
SJ Hazardous Waste Mitigation and Removal Procedure
5.2 Equipment Breakdown
5.3 Fire in the Waste
5.4 Odor and Dust Control
6.0 RECYCLING AND TRANSFER STATION CAPACITY
7.0 UNUSUAL PEAK LOADINGS
8.0 ASHES AND RESIDUES
9.0 QUENCH AND PROCESS WATER
10.0 MANAGEMENT ORGANIZATION
11.0. PERMITS AND LICENSES
12.0 METHODS TO COMPLY WITH STA TE MINIMUM STANDARDS
STATEMENT OF PREPARATION
APPENDICES
A SITE PLAN
B RESUMES AND ORGANIZATION
C WIND ROSE
D AL TERNA TE ODOR MANAGEMENT PLAN
1 I
6 9
11 12
14 14
15 15
16 17
17 17
17 18
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1 TRANSFER/PROCESSING REPORT
SCD RECYCLING AND TRANSFER STATION
SANTA MONICA, CALIFORNIA
1.0. INTRODUCTION AND-PURPOSE
This Transfer/Processing Report (TPR) for SCD's large volume transfer and i:ecycling facility has been prepared in accordance with Section 17403.9 of Title 14 of the California Code of Regulations.
This TPR update is for the transfer station expansion proposed in October 2008. The proposed addition of approximately 7,000 square feet of tipping floor area to the transfer station will not increase the amount of solid waste being processed at the facility but will allow the facility to achieve a higher diversion rate due to increased sorting areas and a more efficient storage system.
2.0. FACILITY PHYSICAL DESCRIPTION, LOCATION AND SURROUNDINGS The SCD Recycling and Transfer Station (SCDRTS) is owned and operated by Luke Kardashian and Mike Matosian, and is located at 1908 Frank Street, Santa Monica. The 9,600 square foot covered transfer station occupies a 28,200 sf (0.65 acre) parcel of land on the west side of Frank Street. An associated 14,500 sf gravel-surfaced parcel, which is and will continue to be used for circulation, parking and storage, is located on the east side of Frank Street across from the transfer _station (See Appendix A for Site Plan).
Figure I shows the location of the SCDRTS north ofthe Santa Monica(I-10) Freeway and west of Frank Street. The property is located on· "back" streets, is visually screened from the adjacent freeway and secluded from major avenues such as Pico and Olympic Boulevards. Despite this visual seclusion, the site has excellent freeway access through commercial and industrial zoned areas via the Cloverfield Boulevard freeway off-ramps.
As shown in Figure 2, within a 1,000-foot radius of the site the area north of the Santa Monica Freeway·is comprised of various zones. The SCD facility, as well as other areas, have been re-zoned to Light Manufacturing (M-1) and Studio District (LMSD). The adjacent City of Santa Monica Yard is zoned Light Manufacturing (M-1). The local.park is zoned Designated Park (DP); and the nearby mobile home park is zoned Residential Mobile Home Park (RMHP). The area south of the freeway remains zoned Low Density Multiple Resiclential (R2).
SCD owns other related facilities within a l,000-foo~ radius of the station as shown on the Land Use/Ownership exhibit in Appendix A. These facilities include: a vacant 7,850 square foot (0.17. acre) parcel adjaceni to, and north of, the transfer station on which the expansion is proposed, a 0.33-acre gravel-surfaced yard across Frank Street from the 1 Figure I
Vicinity Map
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Figure 2
Zoning Map
3 AZ
CITY OF SANTA MONICA ZONING
C4 · Commerelnl
DP Dealgnated Perk
·LMBD Light M111111ufetlturlng & Studio Dl11rlct
RMH Reeldentlel MobffeHome Perk
R 1 Single Pemily Re9id1nti11I
R2 Low Den,lty Multiplpe Fnmnv
station (this yard may be used for truck queuing and storage); a 0.11-acre storage yard west of the station on the east side of Delaware Avenue; a 0.53-acre main yard and office further to the south on the north side of Delaware A venue; and a 1.5-acre vacant industrial facility on the north side of Michigan A venue.
Generalized land use is shown in Figure 3. Several other structures are proximal to the.
SCDRTS site: To the west of the subject property is a pest control service facility operated by Dewey Pest Control, Inc. To the south and along the entire southern border of the property is the Santa Monica (I-1O) Freeway. To the east is Frank Street Northeast across from this street is a rock-crushing facility. Further to the north and northwest, directly across Delaware Street, is the Santa Monica City Public Works Yard and Transfer Station.
Also to the north, at the southwest corner of Frank Street and Delaware A venue~ is a vacant lot. This lot will be used for the proposed expansion of the transfer station.
Finally, a portion of a residential mobile home park is located within 1,000 feet of the transfer station, to the east near Stewart Street. It should be noted that the 1,000 foot impact zone of the SCDRTS almost wholly.coincides with the impact zone of the existing City of Santa Monica Refuse Transfer Station, which is currently operating as a large volume transfer/processing facility, and no substantial new areas are impacted.
Therefore, the adjacent zoning and surrounding land uses are compatible with the proposed facility.
Typical above-grade power and telephone lines run onto the property from the east.
Additionally sewer and water lines run below grade along Frank Street. Appendix A contains a copy of the Site Plan which shows the locations of on-site structures and uses.
Clim!:ltic conditions prevailing at the station location are excellent, with generally no rainfall from March until November and with fil1 average of about 12 inches of rainfall •from November to April. Winds during most of the year are southwest to westsouthwest, except during· "Santa Ana" wind conditions, when they come from the east.
Wind velocity rarely exceeds 10 knots except during "Santa Ana" conditions where they may occasionally gust. Appendix C contains a wind rose chart depicting mean wind velocity and direction data expected at the site.
The entire SCDRTS property is bordered with block walls and security fences with openings protected by heavy rollinR gates which will be kept locked at all times other than during normal business hours. As part of the proposed transfer station expansion, the existing screen wall along the I-10 Freeway will be _extended to the east approximately 200 linear feet, new walls will constructed around the north and west elevations of the proposed transfer station addition, and a new fence/wall will be constructed along the property's Delaware Avenue frontage. The site will be safely 4 I -
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Figure 3
Land Use
5 enclosed during non-operating hours and screened from view along its most visible boundaries. ·
The facility consists of a fully-covered tipping floor and transfer truck pit area, a yard, and a scale (see Appendix A - Site Plan). A lighting system provides a minimum of 30 · foot candles throughout the interior of the facility. To keep process materials such as waste and reclaimed materials from absorbing any outside precipitation, the stations roofing extends from the station floor to the transfer truck pit, and roof coverage also incl1:1des the transfer ramp to avoid any possibility of water accumulation. (Any sheet flow down the entrance to the ramp is collected by a trench drain at the edge of the roof covering and drained away from the pit).
Due to the trapezoidal geometry of the lot, the 9,600 sf transfer and recycling building is not quite rectangular, but measures roughly 70 feet by 113 feet. The proposed expansion of the transfer station will add approximately 7,000 square feet of covered tipping floor area to the existing facility. New walls will enclose the north and west elevations of the proposed transfer station addition and the existing rooflines will be continued and extended over the proposed addition. The east elevation of the proposed transfer station will remain open. The new tipping floor area will be used for sorting recyclable materials, and will contain bunkers for C&D, and greenwaste. Also, separate areas for Ewaste, tires and appliances will be located adjacent to the new tipping area.
As fully discussed in Section 6.0, the steady-state maximum load capacity of the facility is approximately 1,056 tons~pet-day (TPD), assuming 12 hours continuous operation with ideal loading conditions. Theoretically, by incr~asing operating hours the facility has a maximum daily load capacity and maximum peak load capacity of approximately 2, 112 TPD. The expected average daily capacity however, is limited by externalities such as landfill accessibility. Most landfills are· only open 8 - IO hours a day and access to them is dependent upon highly variable traffic conditions.
In addition to the trucks and other vehicles used by the general public, vehicles operated at the SCDRTS consist of four loaders (one of which may be held off-site in reserve), seven ACE 100-cubic yard (cy) semi-trailers with load-gauges and specially fitted tarps for transferring Municipal Solid Waste (MSW) to landfills and recyclable and compostable material to processing facilities. The site also contains a 40-ft computerized truck scale, a set of transfer truck axle scales located in the transfer truck pit, a 5cy stationary compactor with a JO cy pre-compaction chamber and a number of various storage bins for storing reclaimed materials. Much of this equipment is kept nearby at SCD's existing yard on Delaware Street. Should any equipment fail at the station, a backup may be readily used or dispatched from the Delaware site, or from Sam's U-Rent, . located 6-7 minutes away at 113 71 Pico Boulevard in West Los Angeles. 6 -l
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3.0 RECYCLING AND TRANSFER PROCESS AND POLLUTION CONTROL Collection vehicles carrying lo.ads of MSW, greenwaste and C&D debris arrive via Delaware Avenue. Trucks pull into'the facility through the Frank Street gate and onto the inbound scale ..
Most collection vehicle's tare weights are kept on record so that the weight of the truck may be automatically deducted from the gross weight on the computerized scale reading.
While the collection vehicle is on the scale, th~ supervisor records the number of the collection vehicle, notes the route (for SCD vehicles) and type of waste, and after the · weight of waste is determined, the supervisor instructs the driver to deliver the load to the appropriate area of the transfer station tipping floor, such as MSW, greenwaste, C&D, foodwaste and electronics. Foodwaste will be loaded into a covered and sealed roll-off container located next to the transfer ramp.
If, for any reason, the supervisor suspec~s that any hazardous wastes might be present in the collection vehicle on the tipping floor, he or she will follow the Hazardous Waste Mitigation and Removal procedure outlined in Section 5.1. As also outlined in Section 5 .1, no materials are collected or transferred that are suspected of being hazardous, contaminated, or toxic. Similarly, liquids, dead animals, infectious hospital wastes, septic tank pumpings, pesticides, chemical and radioactive wastes are not permitted to be collected or to enter the SCDRTS by any means.
After the collection truck driver has emptied the load of municipal solid waste (MSW) onto the appropriate area on the tipping floor, the waste is positioned by a wheeled loader . . . according to the type and composition of the load .. Collection vehicles with recorded tare weights will exit the facility directly after dumping. Those few without tare weights will proceed over the scale for weighing out and payment of fees. Note that the majority of self-haul vehicles will be tipping in a separate Self-Haul Facility across Frank Street.
This will.free up the transfer station for better traffic circulation. However, some selfhaul vehicles may be directed to the transfer station as appropriate.
With receipt of all tonnage froni the City of Santa Monica's transfer station, the composition of material to be received at the SCDRTSis estimated as follows:
• 50% residential waste
• 40% commercial, and
• 10% light industrial,
SCD has the ability to divert up to 10% of its waste stream to secondary markets by floor sorting of cardboard, metal and other easily reclaimable recyclables. These material are placed in temporary storage drop boxes located inside the facility .. At the beginning of each shift, partially filled boxes and/or boxes that take longer than one day to fiJI are inspected and replacement bins are scheduled for delivery from the Delaware Site as necessary. Once the drop boxes are appropriately filled, the boxes are taken across DelawareAvenue to the City Recycling Center, or loaded onto a truck and driven to any other. purchaser of reclaimed materials, as is most economical. A 5-cy stationary , 7 compactor from Compaction Control Industries is provided that may be utilized for baling materials into smaller, more manageable volumes (See Appendix A -Site plan). In no case will storage of these materials exceed 14 days.
All members of the picking crew will wear safety goggles, safety vests, safety gloves, and ear/respiratory protection, as is prudent when noisy or dusty conditions develop. In addition, backup alarms are installed on the skip loader and collection trucks for the protection of the workers on the station floor. In event of large amounts of recyclables removed from the waste stream, the full, covered boxes may be properly and securely stored at off-site SCD facilities, along with other empty drop boxes used by SCD collection operations for emergency storage, until a truck can be dispatched to deliver the materials to the proper recycling operation.
To complete the transfer of the waste onto the landfill-bound vehicles, the tractor-trailers proceed to the eastern gate on Delaware A venue and onto the project site. The transfer trucks will be queued east of the transfer pit and, once cleared by a spotter, will back into the pit for loading. The site accommodates queuing of eight trailers. After backing into the transfer pit, the waste is loaded into the trailer from above by the skip-loaders. When each trailer has been filled to capacity (as determined by the axle scales) the load is covered by a hydraulically-operated enclosure screen assembly; artd the trailer exits the facility via the eastern gate to Delaware Avenue and to the I-10 Freeway. All MSW is driven to a designated permitted sanitary landfill for disposal; These may include:
Puente Hills, Sunshine Canyon, or other landfills. When the next empty trailer has been moved into place, the loading cycle continues.
As is the standard practice at most transfer stations, available trailers are filled at the end of the day for purposes of early dispatch on the morning of the following workday. All waste is held for less than 24 hours, and is removed on a daily basis.
The proposed station site is paved with concrete suitably sloped for runoff of water, in accordance with the city approved grading plan. As previously stated, all waste is isolated by a roof over the tipping floor, pit and ramp. With this design, there is no contact or process water or leachate which might enter the soil underlying the station nor is there any drainage from the property.
4.0. OPERATIONS
The SCDRTS is permitted to operated from 5 a.m. to 7 p.m. Monday through Saturday however, actual operations for receiving materials, processing, and transferring will occur from 5 a.m. to 3 p.m. Monday through Saturday. Depending on workload, the facility may even operate shorter hours. The facility is closed Sundays and the following major holidays: New Year's Day, Memorial Day, the 4th ofJuly, Labor Day, Thanksgiving Day, and Christmas Day. This operating period·is set around the operating hours oflocal sanitary landfills. After all waste is accepted from the collection trucks, the last hour of each day is spent dry sweeping the tipping floor, cleaning the yard as necessary, and 8 l
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filling available trailers. for the next day's trip. It should be noted that no water is brought into the pit, ramp or transfer area.
Table I provides a forecast of the tonnage expected at the facility. It is assumed that the material currently handled at the City of Santa Monica's transfer station will begin flowing to SCD in 2010. This table was computed as an average, and took into consideration seasonal and peak wec;:kend factors; which typically may boost daily quantities 20:-25% for short periods of time. These fluctuations are not unusual, and ·are consistent with the exponential anjval function used in transfer station queuing models.
Table I -Five Year Transfer Projection
TYPE OF MUNICIPAL SOLID WASTE
YEAR RESIDENTIAL COMMERCIAL
2009 500 200
2010 600 300
" 2011 600 300
2008 600 300
2009 · 600 300
INDUSTRIAL
50 75
75 75
75 TOTAL
750TPD
975 TPD
975 TPD
975 TPD
975TPP
A first aid kit, portable eyewash and a drinking fountain are provided adjacent to the restrooms. In addition, a full complement of sanitary and comfort facilities are provided for SCD employees at the Delaware yard which include first aid, locker rooms, shower facilities, toilets, drinking water, vending machines and an eating room.
Standard OSHA-approved, industrial earplugs are available to employees and eye protection required at all times. This facility does not generate unhealthful levels of noise for people using the site or nearby residences. Similarly, on-site operations comply with the City of Santa Monica Noise Contour limit of70 dBA at the lot line. Decibel ratings for this equipment are listed in T_able II.
A preliminary noise analysis has been performed. The ambient noise study has indicated that there is no need for any specific noise control designs and that the facility will comply with community noise impact limits, Additionally, no noise complaints are known to have been made regarding equipment engine noise or any other noise originating from similar operations in the general area.
Table II - Decibel Values for Station Equipment.
NOISE GENERA TOR
Tractor-trailer
Collection Vehicle
Roll-off
Skip Loader
Compactor
Supervisor's whistle
MaxdBASPL
82 80
85 70
75 80
9 DISTANCE
15 feet
15 feet
15 feet
15 feet
15 feet
15 feet
5. 0. LITTER AND VECTOR CONTROL AND EMERGENCY PROCEDURES Litter control is primarily accomplished via the partial enclosure of the tipping floor by walls on three sides. Prevailing south-westerly winds do not blow into the east-facing open side of the tipping area and occasional north-easterly Santa Ana's are trapped by the walls on the other three sides of the transfer area. Any waste that somehow leaves the transfer area and escapes the yard is gathered from adjacent grounds and surrounding streets and gutters by the litter picking crew at the end of daily operations.
A transfer trailer tarping program is used to mitigate the -possibility of litter being blown out of the transfer vehicles. Each trailer is fitted with a specially fitted, hydraulicallyactuated tarp assembly that seals the top of the trailer from wind and precipitation. The assembly is kept closed on SCD transfer-trailers, except when loading or when transfer- ·trailers are empty. Other collection vehicles are to comply with appropriate State regulations.
Vector control is accomplished by proper and sanitary housekeeping. lbis activity includes keeping the area swept clean and cleaning off the tipping floor at the end of each shift. Additionally, rodent traps may be placed at strategic locations;'however, there is currently no evidence of rodent or insect control problems in or near this facility. For vector inspection and control purposes, specialists at Dewey Pest Control (located immediately adjacent to the SCDRTS) are on call, and can quickly respond to pr~blem_s.
Odor control is managed by the immediate transfer of any materials noticed tc:i be particularly foul, and by proper and sanitary housekeeping which includes daily cleaning of the facility. In addition, an odor and dust suppression misting system has been installed as detailed in Section.5.4.
Emergency procedl.µ'es for the possibility of receiving hazardous waste at the facility, equipment breakdown and fire are summarized separately below. Emergency operation of the facility does not depend upon electric energy, so electric power failure does not constitute an emergency situation, but merely an inconvenience.
Dust control is exercised as another basic housekeeping procedure. Any loads noticed to have unusually low moisture content or indicated by the dryer to contain dry soil or other dusty materials are lightly sprayed with water during dumping so that dust will not be created in pushing the material on the tipping floor or emptying into the transfer trailer in - the pit below. In addition, a dust suppression misting system has been installed as detailed in Section 5.4. At no time will any part of the waste be al_lowed to become saturated with water, and no runoff water will be create<:! as the added w~ter is absorbed into the waste. Workers are required to wear dust masks.
5.1. HAZARDOUS WASTE MITIGATION AND REMOVAL PROCEDURE
With respect to the detrimental effects that improper handling of hazardous waste can bring to human health and the environment, a stringent Hazardous Waste Mitigation 10 J
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Program has been adopted at SCDRTS. This program seeks to mitigate the transfer of hazardous waste to landfills by publicly discouraging the improper disposal of hazardous waste and-by the implementation ofa Hazardous Waste Screening_Program.
Public discouragement of improper disposal of hazardous wastes is accomplished as follows: First, each SCD collection container has been marked with the following warning: "TRASH ONLY - NO CHEMICALS OR HAZARDOUS MATERIALS, ·No LIQUIDS, NO DRUMS, NO CONTAINERS." Second, pictorial warnings that do not require knowledge of English complement the aforementioned written warning. Third, each SCD customer is verbally and contractually warned of the clear liability associated with the improper placing of toxic wastes.
In addition to marking each SCD collection container and to further discourage and mitigate the possibility of hazardous wastes being transferred to a landfill, there is a sign at the c:mtrance to the SCDRTS that reads, "Trash.only - No chemical or hazardous materials, no liquids, no drums, no containers". In addition, a Hazardous Waste Screening Program is in effect at all ti_mes at the SCDRTS. This program is comprised of two types of scre~ning: Point of Collection and Point of Transfer.
The SCDRTS Hazardous Waste Screening Program begins with proper SCD employee training in Hazardous Waste Recognition. Each SCD employee involved with collecting, hauling, recycling, or otherwise handling MSW is trained to be aware of and to recognize common hazardous waste warning signs such as closed containers, unusual odors, smokes, reactions, objects that 'appear to be unusually packaged, or objects that are obviously seen as contaminated or hazardous. In addition, workers are traine4-in handling hazardous waste and are specifically observant to common hazardous wastes such as motor oil, dead animals, infectious hospital waste, sewage sludge, septic tank pumpings, pesticides, chemical waste and any other types of liquid or sludge materials.
Screening at the Point of Collection is prin;iarily .accomplished by the SCD Collection Vehicle Operators, who will refuse taking any containers recognized or suspected of containing Hazardous, Contaminated, or Toxic materia_ls. ,A.11 employees involved with the collection of waste are required to have training in Hazardous Waste Recognition and Handling techniques, as described above. ·
Point of Transfer Screening will include a radiation detector, permanently located at the scale area, which will operate at all times to detect any radioactive material in the incoming waste toads. However, most screening· is primarily accomplished. by random sampling of incoming loads; The Random Load Checking Program is in effect on the tipping floor of the transfer station to provide further insurance against the possibility of hazardous materials being transferred to landfill-bound vehicles.
The procedure for selecting and checking loads is as follows: As one of the duties of the safety manager, nyo half-hour intervals wiU be selected by a statistical random process each day. At the beginning of the first shift, this information will be forwarded to the.
Station Supervisor who then directs the first load arriving after the randomly selected . I I
time period to be spread out in a clear area of the transfer station. The waste is then checked for signs of hazardous materials. If the load is large or intricate, recycling personnel familiar with hazardous waste recognition and handling techniques will assist the Supervisor in inspecting the waste. In all inspections, the waste will be turned over or sifted to ensure that .it may be carefully rechecked before being returned to the waste stream. The successful implementation of this internal Random Load Checking program, in combination with the aforementioned Point of Collection mitigation procedures . outlined above should sufficiently decrease the likelihood of inadvertently transferring any hazardous, contaminated or toxic materials. Table III lists the agencies to be notified in case of a problem.
Table III - Agencies to be Notified in the Event of Unlawful Disposal AGENCY:
L.A. County Fire Department Hazardous
Materials Unit
California State Department of Health Services,
Toxic Substances Control Program
City of Santa Monica Fire Department
California Highway Patrol
( 1) L.A. County Dept.
of Health Services
Med. Waste Div.
(2) EMERGENCY
1. (323) 890-4317
(213) 897-7170
(310) 458-8651
(714) 567-6000
(213) 977-7379
911
TELEPHONE
NUMBER
Although the SCD Hazardous Waste Screening Program should reduce the amount of toxins entering the property to near zero, the possibility will always exist that hazardous or toxic wastes may be discovered at the SCDRTS. In consideration of this unknown amount of hazardous material being present, SCD has adopted a specifi~ Hazardous Waste Removal Procedure to be put into effect whenever any material is discovered that is suspected of being hazardous or toxic.
The first step of the procedure is to isolate the suspected materials _from all other waste while the Supervisor is quickly notified. Second, the area is placed off-limits for all workers and trucks, the Los Angeles County Fire Department Hazardous Materials Unit, and the City of Santa Monica Fire _Department are notified of what the waste is· suspected to· be and it is determined if their services might be needed. If the material is then positively identified as being ·hazardous, the material is removed under emergency procedures into a 55-gallon drum or 6-millimeter plastic lined drop-box as is appropriate for the site and nature of the waste, located in the 10 by 15 ft Hazardous Waste Isolation Area delineated on the Site Plan, Appendix A. Each waste is contained in a separate container so that hazard classes may be kept separate, unless the safety manager directs that certain materials may be combined. In no instance shall incompatible wastes be 12 1
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mixed (e.g. acids and bases, oxidizers and reducing agents, cyanides and acids) or shall containers be used that are lined with materials which may react the hazardous material.
The containment vessels will be inspected weekly to insure they are in a suitable condition to contain liquids.
As prescribed by law, at no time will storage exceed 90 days before the waste is taken by a Perniitted Hazardous Waste Hauler to a suitable .landfill. If information regarding improper disposal becomes available through the Random Load Checking or Point of Collection screening programs, th_e Station Supervisor wiil forward any information to the County District Attorney arid the California Highway Patrol (CHP); and investigate if the hazardous waste may be returned to the originator for proper disposition. .
In the event of a hazardous liquid spill, the liquid will immediately be isolated from any materials with which it may possibly react and will be contained under the direction of the Safety Manager with vermiculite or another approved containment agent so that it may be gatJ::iered into a hazardous material container, be identified and labeled, and be properly disposed ofby a licensed and permitted hazardous waste hauler.
In any case wher~ hazardous waste is screened out of the waste stream; it will be m!:lflifested with the SCD's pre-assigned Environmental Protection Agency (EPA) Small Quantity Hazardous Waste Generator (HWG) number (CALOOO139938) for tracking, handling,.storage, transportation, and disposal.
5.2. EQUIPMENT BREAKDOWN
Under normal circumstances, breakdown of any critical equipment at the Recycling and Transfer Station does not constitute an emergency condition because backup equipment is maintained at the parent facility down the street. However, should multiple equipment failures occur simultaneously, backup equipment may be easily obtained from Sam's UDrive, located 6-7 minutes away at 11371 Pico Boulevard in West Los Angeles. In the event of electrical power failure, an on-site backup generator will provide sufficient electrical power to continue operations.
5.3. FIRE IN THE WA.STE
Should there be a fire or smoldering of any of the waste dumped on the tipping floor, the loader operator (trained prior to assignment in proper procedures to handle burning waste) safely isolates the burning material to any available, separate, clear area outside of the building. Other personnel immediately notify the Station Supervisor, who informs the fire department then comes on scene·to take initial cfiarge of fire extinguishing procedures,· as appropriate. From a safe distance away, other personnel may activate 100 ft long, one inch diameter fire hose reels fitted with adjustable heads, ranging from solid stream to spray, until the fire department arrives to take control of fire-fighting.
If the fire appears that it might spread beyond the ability of the on-site fire suppressive capabilities, the Supervisor directs that the Fire Department be updated of the status of 13 the emergency, if not yet on the premises. In instances of any danger to the personnel or facility, the Company Safety Manager will join the Supervisor at the scene to assist in managing the emergency. After the fire has been extinguished, the waste is allowed to remain separate for several hours to insure that it cools and that there is no chance or flaring up or spreading to other waste on the tipping floor.
SCD employees are trained in the use of a fire extinguisher and the hose reel by the City of Santa Monica Fire Department. In instances where the Fire Department is notified, fire-fighting staff with a complete line of protective gear will arrive in 3.5 minutes. All emergency procedures are practiced at least once per month by assigned personnel as a drill.
5.4 ODOR AND DUST CONTROL.
A misting system has been installed to mitigate/control odor and dust. The system consists of one high-pressure pump unit, double-filtered with one ph9sphate and one five., micron cartridge, 1,000 psi operating pressure, 7.5 hp, 220-volt thermally protected motor rubber-mounted on an aluminum sub-frame, with fiberglass enclosure, auto drain valve, low water pressure safety_ switch . . Attached in the appropriate areas approximately 30 feet high is 350 feet of 3/8 stainless steel tubing which covers the transfer station tipping floor with nozzles 24" on center. The system also includes one Dosatron chemical injector to inject appropriate odor control chemicals, and a time clock (timer) to ruri the system automatically with an over-ride switch to operate the system manually,- if necessary. An Alternate Odor Management Plan is included as Appendix D.
6.0. SCDRTS CAPACITY
RECEIVING
bi early 2006, SCD performed three days of monitoring of collection trucks from the City of Los Angeles (COLA) during the busiest days and hours at the SCD transfer station.
D1,lring these periods, the facility averaged about 15 COLA trucks and 82 tons per hour.
The average total time on she from start of queuing for the scale to final exit averaged about 12 minutes per truck. Even at these heaviest use periods, the.facility was operating in a free flow mode, with no delays, and spare capacity for addition trucks.
Given that ·the facility with the expansion has five unloading positions, the above information suggests that each could handle five trucks per hour at maximum throughput capacity; for a total of25 trucks per hour. Based on the average truck payload during the survey of 5.64 tons, the facility could theoretically handle a steady-state flow of 25 trucks x 5.64 tons= 141 tons per hour. This is well above the receiving and transfer tonnage necessary to run the facility, even at maximum permitted volumes.
LOAD OUT
The peak load and maximum daily load capacity may be estimated with a simple calculation of average service time for the tractor trailers. The time necessary for a tractor 14 l
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trailer to be filled is broken down into three parts: positioning time, filling time, and exiting _time. According to the design engineer of the facility, a minimum of 1 minute will be needed to move a transfer vehicle out of the pit and out of the way of the queue.
Another 6 minutes will be required to bring-an empty tractor trailer out of the queue (if there are any other trucks waiting) and into the position for receiving waste. This positioning time has been accomplished in the field to the satisfaction of the design engineer. Another 8 minutes will be required for filling the trailer from above with double skip loaders, after the trailer is in position. Thus, the total minimum time of completing one load is 15 minutes, for a maximum of four loads per hour, which was the intention ofthe·design engineer in the design of the facility.
Therefore, the peak load capacity Cd is limited as follows:
Cd= 22 Tons/load *4 loads/hour * 12 hours/shift
Cd= 1,056 Tons/shift
Theoretically, th_e steady-state daily load capacity (24 hours) of this operatio~ would iricrease proportionately to 2,112 TPD in continuous operation, if lanpfills were available.
This equaies to a loadout capacity of 88 tons per hour (TPH).
7.0 UNUSUAL PEAK LOADINGS
Should any unusual peak days be forecasted or experienced, three measures will be taken:
1. All available tractor-trailer sets are placed in operation;
2. An extra skip-loader is placed into operation;
3. Trailers are loaded as readily as possible, and queuing is coordinated by the Station Supervisor. · ·
If further measures are deemed necessary, loads containing a high degree of inert materials such as construction or demolition debris may bypass the transfer station and proceed directly to the nearest landfill. Also, trailers may be filled at the end of each shift and dispatched early the next morning, as is the case at most transfer stations.
8.0 ASHES AND RESIDUES
Ashes and other possible hazardous wastes will not be transferred at this facility. If any ashes or other possibly hazardous materials are encouniered, the aforementioned Hazardous Waste Procedure will be followed.
9.0 QUENCH AND PROCESS WATER
No combustion processing is performed at this fac_ility, thus no quench water will be created. Process water will similarly not be created as no water is used in conjunction 15 with the transfer process at the facility. Since all operations are conducted under the roof covering, runoff water such as rain will not come into contact with any waste. Also, no wash water is created as loaders, trailers, and other equipment are not washed or maintained on the premises.
10.0 MANAGEMENT ORGANIZATION
Appendix B depicts the organizational arrangement within the Southern California Disposal corporate structure for management and operation of the SCDRTS. In addition to the management, supervisory and administrative personnel, an average of three individuals will be engaged in the transfer operation, with another two involved with the recycling operation.
In case of emergency (after hours) notify:
_Luke Kardashian or Mike Matosian, (310) 828-6444 (24 Hours)
SOUTHERN CALIFORNIA DISPOSAL COMP ANY
P.O. Box 25666
W. Los Angeles, CA 90025
l 1.0 PERMITS AND LICENSES
Permits, licenses, and approvals are listed below:
• City of Santa Monica Permit to Operate Underground Tank (October 1990) • City of Santa Monica Business License (1977)
• City of Santa Monica Administrative Approval Determination And Finding of Municipal Code and Gep.eral Plan Conformance (May 1989) • SCAQMD Permit to Operate
• Solid Waste.Facility Permit, No. 19-AA-0846 (March 26, 1998) • EPA ID (HWG) No. CAL-000139938 (January 1998)
12.0 ME_THODS TO COMPLY ~ITH STATE MINIMUM STANDARDS
This section discusses how the facility will be designed_ and operated to meet State Minimum Standards relating to transfer stations, Title 14, Section 17406.1 et. seq.
CLEANING
Litter crews police the site daily, and will clean all paved are~, driveways, and the frontage sections along Frank and Delaware Streets as needed. In addition, the baler and other stationary equipment is cleaned by hand of accumulated dirt and debris on an "as needed" basis. This is typically done using dry sweeping methods. The minimal amounts of waster produced are absorbed in the residue ~aterial going to landfill, or simply evaporates.
HAZARDOUS, LIQUID, SPECIAL, RADIOACTIVE and e-WASTES
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· See Section 5 .1.
This facility will not intentionally accept hazardous materials -including batteries, oil, paint, and special wastes. The facility has implemented a load-checking program, and procedures to handle hazardous material discovered on the tipping floor. The facility will not accept liquid waste or_sludges.
The scale house will be equipped with a Geiger counter for detecting radioactive loads. In the unlikely event that such a load is detected, it will be moved away from all personnel and the LEA and County of Los Angeles Radiation Management Program notified immediately ft~r further guidance and control actions .. e-Waste is.accepted at the facility and stored in a designated bin; then hauled to a certified eWaste pros;essor.
LITTER CONTROL
See Section 5.0. Litter will be controlled at the site in several ways: ' •
•
•
•
All unloading, processing and loading of material occurs within buildings A litter crew polices the site once per day, or as needed, picking up litter from the site. perimeter, driveways, and along the frontage The City's mechanical street sweeper patrols the site area, cleaning paved surfaces, driveways and the frontage along Frank Street on an as needed ·basis
A mandatory ·tarping policy is enforced requiring all incoming loads to be covered. Measures for enforcement include warnings, refusal of loads, and possible banning from the facility.
MEDICAL WASTES
The facility will knowingly accept no medical waste that has not been properly autoclaved. If "red bag" medical waste is discovered, the California Department of Health Services Medical Waste Program and the LEA will be called immediately, and the material isolated to prevent contact with employees or users of the facility.
NON-SAL VAGEABLEITEMS
Drugs, cosmeti~s, foods, beverages, hazardous wastes, poisons, medical supplies or syringes, needles, pesticides and other materials capable of causing health or safety problems will not be salvaged. All employees will be trained in this regard.
MAINTENANCE PROGRAM
17 A preventative maintenance program for equipment has been implemented at the facility to ensure the-reliability of all equipment and vehicles. The schedule is as follows:
• Loaders and Forklifts: every 250 hours
• Trailers: weekly ~rake examination and adjustment; welding as needed • Compactor: monthly inspection and service
Maintenance of transfer trucks and mobile equipment occurs off site at the SCD Corporate yard, located on 24th Street a block away. . ·
A comprehensive station maintenance program has been implemented at the facility. The program features a Self-Inspection Checklist, which is completed on a regular basis. The Checklist entails the monitoring of the General Work Environment, Worker Right-ToKnow, Hazardous Waste Procedures, Personal Protective Equipment, Facility Equipment, and Facility Structure Evaluation. Elements of the Self-Inspection Checklist are monitored on a daily, weekly, or monthly basis. Items found to be in need of maintenance are brought to the attention of the Facility Manager.
PROTECTION OF USERS
The majority of loads delivered.by the public in their own vehicles wIII now be tipped in the new Self-Haul Facility across Frank Street. This will help keep them separated from the large collection trucks that will be using the transfer station. Some, however, will still be directed to the transfer station as appropriate, but will be closely directed by the spotters to ensure that they are separated from the collection trucks.
Commercial haulers will be directed by the scalehouse operator to a certain area of the transfer station tipping floor depending on the type of material in the load. The commercial haulers will typically be repeat customers and will therefore be familiar with onsite traffic circulation, tipping areas and procedure.
SCAVENGING AND SALVAGING
Scavenging is prohibited. Salvaging of recoverable-material such as cardboard, wood, glass, paper, and metal is an integral part of the operation. This salvaging is confined to specific areas of the site as noted on the Site Plan. Storage areas for salvaged materials are designated on the site plan. ·
SIGNS
Signs are located at the entrance of the facility indicating the name of the operator, the operator's telephone number, schedule of charges, hours of operation and materials accepted and not accepted. ·
TRAINING
Personnel are adequately trained on subjects pertinent to site solid waste operations and maintenance, hazardous materials recognition and,screening, use of mechanized equipment, environmental controls, emergency procedures and other requirements of the 18 I
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Minimum Standards for Solid Waste handling and Disposal. Training records are available for insp~ction.
RECORD KEEPiNG
The facility will record solid waste tonnage and number of hauling vehicles entering the facility per day. This will include daily averages and daily peaks for each calendar month. This information will be reported quarterly.
A Special Occurrences Log will be kept on a daily basis with.a summary provided in the quarterly tonnage report The log will include records of fires, explosions, injury and property ~age accidents, flooding, and.other unusual events, such as faciHty closure, with a brief description of the response to and resolution of each incident. The log will also include visits by regulatory agencies.
' A record will be maintained of the results of the hazardous waste load checking program, including the quantities and types of hazardous wastes, medical wastes or otherwise · prohibited wastes found in the waste stream and the disposition of these materials. A record of waste loads rejected will be included. This information will be reported quarterly. ·
A record of all complaints regarding this facility will be maintained along with the operator's actions taken to resolve these complaints. These will be reported ~onthly to the LEA. Any written complaints received will reported the following day to the LEA.
Facility records will be maintained in the Corporate office at 1837 24th Street, Santa Monica, and are available for ~spection by contacting the facility operator between the hours of9:00 a.m. and 5:00 p.m., Monday·through Friday.
DOCUMENTATION OF LEA ACTIONS
The operator will maintain a record of LEA approvals, determinations, and other requirements.
COMMUNICATIONS EQUIPMENT
_ The faciHty has a communications network between the scale house, loaders and office to ensure smooth operation. The scalehouse is equipped with an intercom phone system, outside phone line, and paging system .. Supervisors and loader operators are equipped with two-way radios. ·
HOUSEKEEPING
19 See the Maip.tenance Program in Section 12 of this TPR, as well as the portions of Section 5.0 that deal with litter, vector control, odor control, emergency procedures, and dust control. ·
LIGHTING
Adequate lighting is provided within the building and around the site to ensure the ability to properly operate the facility and to prevent adverse effects to public health, safety and the environment.
TRAFFIC CONTROL
Traffic at the facility is comprised of collection trucks, transfer trucks, recyclable material trucks, employee vehicles, and the public. Collection vehicles include, but are not limited to: roll-offs; side-loading; rear-loading; and front-loading trucks. Access to the site is from Delaware A venue.
On-site traffic will be controlled by the following means:
• enforced speed limit of 5 mph
• tipping directions from scale" house operator
• sufficient queuing space
• the controlled metering of trucks into the tipping areas as necessary by the site supervisor, traffic controller, or lead floor man
WATER SUPPLY
The potable water supply for drinking and emergency use is provided by the City of Santa Monica.
INJURY AND ILLNESS PREVENTION PROGRAM
The Illness and Injury Prevention Program will be available for review by local and state inspectors during normal business hours in the SCD Office at 1837 24th Street, Santa Monica, CA 90404.
STATEMENT OF PREPARATION
For construction and operation of the SCDRTS; the City of Santa Monica processed and approved a set of construction documents and found the project to be in substantial compliance with ~unicipal codes and the general plan of the city. The facility is located in the midst of a large industrial zoned area, and is surrounded by similar operations. 20 j
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This revised Transfer Processing Report was prepared by Clements Environmental Corporation, in consultation with officials of SOUTHERN CALIFORNIA DISPOSAL . COMPANY, Inc.
21 APPENDIX A
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·LAND USE/OWNERSHIP , . .
In ltl$ lnsln t:J~. Uses ori, A control Citv·varc
sun-out1dtd by industtiAI except for the Cily-own"'d
recreation r:,enutnobil~ home pa~ to IM ntmhenat.
Tha Clly owns l'lalt or the ms111 block.
,
/
SCD-potentlal for
truck queuing
,111--..+o-if--r,-.,......-- SCD-matn yard
t::J l~SlhWJOn!t!R
(EB S11JDlOllAANSIT
•· 6:9 BOLIO WM'fE.CfTY
__, __ ....__ a souo wAstc.sca
-1----- ti] DWELUfG
Uu1,.l11 the matn block (-i7acn,a/100%) fnctode: Bergmo~~t•tlon (11.6 acras/25%):
lndus1riel/offlca ( 7 ecres/16%); Cl\y Malnt.Yards ( 8.8 acres/18%); cuy 9olkf waste yards (5.9 11cres/12.5%); Pa~ ( 3.9 acrea/8%): mobile home pari< (5.Bacres/12%): two dwelltngs (.2• acres/.06%) and SCO_101td waste facffiUes (.74 t!lcres/1.5%). ~bfgaJn tha main block Include: City (23.8 acres/ 50%); Seo (2.66 acres/5%) and Be11Jmont Station (11.8acrn/2!i%),
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APPENDIXB
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SOUTHERN CALIFORNIA DISPOSAL, INC.
RECYCLING AND TRANSFER STATION
I
Luke Kardashian
Transfer Operations
- Truck Drivers
- Skip Loader Operators
Samuel Kardashian
Owner
Luke Karda$hian
Station Manager
Mike Matosian
Assistant Manager
Mike Matosian
. Safety Manager
Steve Momota
Recycling Operations
- Picking Crew
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CAPSULE RESUMES
Samuel V. Kardashian, President
Mr. Kardashian has been in the solid waste and recycling industry for over 40 y~rs. As a small family-owned and operated business, the Southern California Disposal Company (SCD) has provided reliable refuse collection and recycling services to the Los Angeles region since 1913. Mr. Kardashian took over the Company in 1962 and has managed its growth and prosperity in Santa Monica ever since.
Mr. Kardashian planned. financed, and constructed the 1,056 ton per day SCD Company Recycling and Transfer Station (SCDCRTS) in 1992 and since that time has overseen its operation as one of the premier facilities in the western region of the Los,Angelcs basin.
Mike Matosian, Safety Manager
Mr. Matosian bas been with SCD for over 1 O years. He is in charge of not only corporate health and safety but also holds the position of Assistant Manager of the SCDCRTS. As such he is responsible for aU issues related to environmental permitting and compliance. contracts, labor relations, recycling programs, AB 939 monitoring and conformance and regulatory issues.
Luke Kardashian, Station Manager
Mr. Kardashian has been in charge 0.f the day-to-day operations of the SCDCR.TS and in particular the trucking and equipment maintenance aspects since 1987. His ongoing responsibilities include oversight of all shop operations, fleet maintenance, fitcility performance, liaison with coUection operations. and waste transfer operations.
Steve Momota, Recycling Operations
Mr. Momota has been working for SCD since 1994. He is. responsible for all material sorting and recycling functions at the SCDCRTS. He manages th~ picking crew as well as assisting in sales of recycled products and the general operation of the facility. -4-
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APPENDIXC
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APPENDIX D
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Southern California Disposal AOMP
Southern California Disposal Company Recycling
and Tran sf er Station
ALTERNATIVE ODO~
MANAGEMENT PLAN
June2007
This Alternative Odor Management Plan (AOMP) has been prepared in accordance with South Coast Air Quality Management District (SCAQMD) Rule 410. The AOMP wil1 be incorporated into the TPR as an appendix.
The AOMP will be posted in the Southern California Disposal (SCD) offices for all persoMel. Copies of the AOMP, along with, approval from the LEA and all other documents pertaining to the AOMP can be provided to inspectors by request.
CONTENT ELEMENTS
1. Housekce_pin~ Activities
a. Tipping Floor The tipping floor and transfer station arc located in one building at the Southern California Disposal Company Recycling and Transfer Station (SCD) Facility. All trash is removed from the building daily. In addition the building is swept daily by hand with brooms. Det~gents are not used.
b, Transfer Tunnel
The transfer tunnel is cleaned dai1y by·hand.with brooms and all trash is removed at the end of.the day. Detergents are not used.
c. Other Areas
Station persoMel will patrot the sit~ area each day, including lhe access and. c~ points to collect litter. Dry methods will be used to clean a11 tipping areas, pavement, driveways, and sections of Frank Street. City street sweepers clean the area outside the facility on a daily basis. No detergents are used.
2.Community Re§ponsc Procedurq
a. Contact Sign _ .
A sign \\ith all relevant contact information will be installed at the facility's front gate. This includes: the facility, the SCAQMD, a11d the Local Enforcement Agency (LEA). .
Clements Environmental June 2007
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Southern California Disposal AOMP
b. Community Coordinator
At SCD the community coordinator is Mike Matosian.
c. Complaint Response Protocol
If an odor complaint is received, staff will go to the location of the complaint to verify the presence and intensity of the odors within two ltours of the complaint.
If the odor can be detected at the complainant's home or business, staff will trace the odor by conducting a survey of odor checks around the_ general vicinity. The survey will be conducted at four separate locations in a complete radius around the site. If th~ odor is detennined to be generated offsite, staff will contact the complainant notifying them of the ·source of the odors. If however, staff determines that the odor is generated by the · facility, staff will immediately identify the source of the odor and mitigate.
All odor complaints wilJ be entered in an Odor Complaint Log, and the LEA will be notified within 24 hours. All complaints will be logged as to the time, date, location. ambient air temperature, cloud cover, wind direction ,and speed, and nature of complaint. An example of the Odor Complaint Log is provided below.
If the facility receives more than three different complaints within a one month pei.iod or two complaints from the same individual within a ·one month period, staff will meet with the complainant, if possible, · within a reasonable time to discuss the source of the odor and discuss operational changes that would miniJnize odors in the future. All meetings with the LEA/ complainants wiU be recorded in the Odor Complaint Log. for future reference. The LEA will be notified of the meeting and invited to attend.
The presence of odor is also monitored at the site boundary prior to commencing and closing daily operations. Staff will detennine _whether the odor is emanating from an on-site or off-site source. SCD has no authority over · off-site odor sources. However, if the source is near by and identifiable, SCD will attempt to ameliorate the situation so as not to get "blamed" for the odor. All presence of odor will be recorded in the Odor Complaint Log.
The level of offensiveness from on-site odors at the property bow1dary is based on a scale of I to 5 as follows:
1. No noticeable odor.
2. Slight odor
3. Moderate odor (noticeable)
4. Strong odor (objectionable)
5. Stench (noxious)
Clements Environmental 2 June2007
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Southern California Disposal AOMP
Should an odor problem occur at a level 3 or above, the following steps will be taken:
• Identify the source of the odor
• Dctennine possible causc(s) and select remedial action 0 These remedies include:
• Trucking of the o<liferous material to the landfill as soon as possible, typically in the next transfer truck load hauled out.
• lnjccti(.m of odor destroying compounds into the misting system • Absorption of any standing water
• Clean up of any food or other organic residues on the tippjng floor • In the· event the odors cannot be controlled by any of the remedies, the odorous material wm be trucked to the 1.andfill.
Should odors increase or a complaint be verified, the pJan will be re-evaluated and more provisions will be considered to monitor or minimize odors. d. Complaint Log
The facility keeps a written log of all complaints for no less than two years in an Odor Complaint Log. The Jog is available for review at the site office located at 1827 2411: Street. Santa Monica, CA, 90404.
. e. Odor Survey Procedures
In order to assess potential odor impacts at the locations of possibl~ odor receptors, a facility employee will drive past these locations at the beginning and close of the working day. The )eve) of offensiveness will be measured and action will be taken, if needed. as discussed above. The odor receptor locations will be identified and recorded in the Odor Complaint Log. Possible odor receptors include residents of the mobile home park, to the east of the transfer station.
CONTROL STRATEGIES
Odor Sources
There are two sources of odor at the SCD facility.
• Tipping Floor
• Transfer Tunnel
Tigpjng Floor
The tipping floor is lcicated in the transfer building,. which is a pennanent structure with a roof and two walls. The walls act as a wind barrier, minimizing odor travel. To further minimize dust and odor, an overhead spray misting system fuis been installed over the tipping floor and transfer truck loading area. The tipping floor is cleaned daily by hand with brooms. To mask odor SCD uses mixed fragrances and a new product called Effective Microorganisms Activated EM-I. The fragrances and Effective Microorganisms Activated EM-I are used in a misting sr-item in the transfer station.
Clements Environmental 3 June2007
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Southern California Disposal AOMP
The system consists of one high-pressure pump unit, double-filtered with one phosphate and one five-micron cartridge, 1,000 psi operating pressure, 7.5 hp, 2:i0-volt thermally protected motor rubber-mounted on an aluminum sub-frame, with fiberglass enclosu1;e, auto drain valve, low water pressure safety switch. Attached in the appropriate areas approximately 30 feet high is 350 feet of 3/8 stainless steel tubing which covers the transfer station tipping floor with nozzles 24" on center. The system also includes one Dosatron chemical injector to inject appropriate odor control chemicals, and a time clock (timer) to run the system automatically with an over-ride switch to operate the system manually, if necessary.
Transfer Tunnel ·
The transfer tunnel is incorporated into the tipping floor and utilizes the same odor control strategies.
Green Material
In order to minimize odors from the green waste, material is stored in a separate pile inside the transfer station building. Greenwaste is transferred within 48 hours of being received, or more quickly if odor problems are detected. The misting s~tem can be activated if odiferous greenwaste is received.
Recyclable Materials
The facility does nol include a material recovery facility and does not handle sourceseparated recyclables.
Protocol for Handling Odiferous Loads
~o~ds are typically handled on a "first - in, first - out basis, but if odiferous loads are received, they are transferred and shipped out as quickly as possible, typically in the next transfer truck load out.
Covering Trucks and Trailers
All transfer traiJers ere tarped pnor to exiting the facility. Each trailer is fitted with a specially fitted tarp hydraulically-actuated enclos\lre screen assembly that seals the trailer from wind and precipitation. The assembly is kept closed on SCD transfer.trailers at all times, except when loading. In addition, if they are loaded after the landfill closes, they are covered and stored in the transfer station building overnight to minimize odor.
Supplementary Content Eiements
Buffer Zone
Within a 1,000-foot radius of the site the area north of the Santa Monica Freeway has recently been re-zoned from Heavy Manufacturing (M-1) to various other zones. The SCD facility and other areas have been re-zoned to Light Manufacturing and Studio District (LMSD). The local park has been re-zoned to Designated Park (DP); and the nearby mobile home park has been re-zoned to Residential Mobile Home Park (RMH).
The area south of the freeway remains zoned Low Density Multiple Residential (R2).
Clements Environmental 4 June 2007
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Southern California Disposal AOMP
ENFORCEABILITY
''I am voluntarily submitting this Alternative Odor Management Plan to the Local Enforcement Agency in lieu of submitting an Odor Management Plan to the South Coast Quality Management District as required by the South Coast Air Quality Management District Rule 410. I agree to abide by the provision of the Alternative Odor Management Plan and understand that the Alternative ·Odor Management Plan is subject to enforcement by the Local Enforcement Agency. I understand that I must comply with any or all applicable state statutes and federal and local rules and regulation, including those provisions relating to public nuisance;"
Name (print) Signature Date
Clements Environmental 5 June 2007
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Southern California Disposal AOMP
Odor CompJaint Log
Date ofEvent: ____________ Time of Event: _____ _
Date of Complaint: Time of Complaint: ___ _
Outdoor Temperature at Time of Complaint:, ____________ _ Weather Conditions:, ____________________ _
Wind Speed: ____________ Wind Direction: ____ _
Description of Odor:
Name of Complainant: ___________________ _
Phone Number: _____________________ _
Description of Odor Source: ------------------,--
Odor Survey Results: ____________________ _
Clements Environmental 6 June 2007
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Self-Haul Facility
Operations Statement
SCD will operate the new Self-Haul Facility that will include the receipt, staging, and load out of C&D debris, greenwaste, and mixed material from the public. This facility wi11 occupy City land east of Frank Street and the existing SCD transfer station as shown on the Site Plan.
Weighing In
Self-haul vehicles will line up in the new queuing lane along the south right-of-way of Delaware A venue adjacent to the expanded SCD transfer station. From there, they will weigh in on the new inbound scale in what was formerly Frank Street. For repeat customers who have their tare weights recorded in the scale computer, they will pay their fee upon weighing in. These vehicles will not be required to weigh out. Others, for whom ~e weights are not recorded, will be required to·weigh out after tipping.
Tipping
After weighing, self-haul vehicles will be directed by the scalehouse operator, signs, and traffic controllers to the appropriate tipping area in the new Self-Haul Facility. Self haulers will then unload and drive to the new outbound scale in Frank Street and either exit the facility directly (for those whose tare weights are recorded and who paid on the way in) or weigh out and pay their fee at the scalehouse . . It is anticipated that a vacuum tube system wiil be used so selfhaulers do not need to leave their vehicles to pay.
Processing
Initially, no processing of material is proposed in the Self-Haul _Facility. SCD will simply maintain separate areas for the material and transfer it to processing facilities in the area.
In the future, ·and with the agreement of the City, processing of both the greenwaste and mixed C&D material could be conducted by SCD in the Self-Hau1 Facility. This could inc1ude:
• Sorting of greenwaste (to remove contamination) followed by chipping & grinding and screening. The heavier wood chips could then be.hauled directly to biomass power plants or used by the City as ground cover. The finer material could be delivered to composting operations.
• Sorting of mixed C&D debris by hand and with an excavator into commodities such as wood, inerts (concrete, asphalt), dirt, rock, dryw~l, bulk metal, and others. The wood could be ground on site and the rest of this material shipped to recycling markets.
Transfer
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SCD will maintain flexibility in transfer operations with the ability to top-load transfer trucks directly in the Self-Haul Facility, or to load roll-offs or bins at the Self-Haul Facility, shuttle them to the SCD transfer station, and reload the material into transfer trucks there.
Loa.ding at the Self-Haul Facility will be accomplished by a front end loader with extended forks by simply loading over the side of the transfer trailer. Loading may be facilitated by constructing a drive down ramp to lower the transfer trucks for loading, and by construction of a push wall for the loaders.
Transfer operations may be modified pending completion of the °fmal design of the facility by the City and its consultant with input from SCD.
Once transferred, the C&D debris will be hauled to Downtown Diversion or another Citydesignated C&D facility for processing and recycling. Likewise, the greenwaste will be delivered to Community Recycling or another City-designated facility for chipping & grinding and marketing as mulch, boiler fuel, or compost feedstock.
Environmental Controls
Greenwaste will be transferred on a first-in first-out basis and always within 48 hours per State law. In fact, this material will be transferred out daily in nearly all circumstances as is currently done at the SCD transfer station. Any odiferous loads will be transferred as soon as possible, if not immediately.
Dust will be suppressed by the use of an overhead misting system hung from the rafters. In . addition, water sprays from hoses could be used to moisten particularly dusty loads. Water will be used to wet the loads a.s" they are being dumped and also as the material is being loaded into the transfer trucks. This water will simply be absorbed into the material and will not result in free-standing water that could become a nuisance.
Toe· entire site will be paved, and cleaned as needed by a mechanical street sweeper to remove any remaining debris. This too will reduce the potential for odor and dust.
Employees
The following employees will man the Self-Haul Facility:
• Traffic Controller: 2-3
• Loader opera,tor: 1
• Transfer truck drivers: 1-2
Transfer truck drivers will be a combination of SCD employees and ind~pendent contractors.
Equipment
The following equipment will be used at the Self-Haul Facility:
• Wheeled Loader: 1
• Transfer Trailers: 1-2
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• Transfer Tractors: 1-2
All transferJrailers will be provided by SCD, and the tractors that pull them.will be provided by a combination of SCD and independent contractors. ·
Hours of Operation ·
The Self-Haul Facility will be open for business as follows:
• 5:00 a.m . .to 4:00 p.m. Monday through Friday
• · 7:00 a.m. to 2:00 p.m. Saturday . . .
The facility will be closed on Sundays and on the following holidays: New Years Day, Memorial Day, the 4th of July, Labor Day, Thanksgiving Day, and Christmas Day. - 16 -
Exhibit 3
D~scription of Acceptable Materials and Estimated Quantities
ESTIMATED ALLOCATION OF MATERIALS FOR TRANSFER PARTNERSHIP Material Quantity Recycled Process Additional Total Mat'erial to Material to Solid Waste/Recyclables (TPY) (TPY) Materials Projected Material to Material to - Alfan Allan Residue Sources and Materials FY06/07 FY06/07* (TPY) Quantity SCD (TPY) SCD (TPD) (TPY) (TPD) Rate. % ,.,.""' ,Single famil y Waste 11,424 u 11,4l 4 11,424 37 Mul t1.:Ta mi ly Waste 27,960 1,600 29,560 29·,560 95
Singl e Strca111 Recycling ll,680 11,1::,~ J,8!:1 / lb,:J/1 1,989 6 16,577 53 0 Green Was·tc 6,301 6 ,JUl :,:,b b,l:l:, / . 6,857 22
1-ooo Waste 71~ 71!> l ,0UU 2, 11:, 2,715 9
Select Commercial Waste 2,070 l!>, 000 17,070 8,535 27 17,070 55 1 Commercial Waste 10,710 1:,,000 l :J, / 10 25,710 82
Self Haut lCilY) 9,610 9,6 10 3,000 12,6 10 12,610 40
IC&D 12,036 12,UJb 1,:,:,a 13, 594 13,594 44
[SelfBaul (SCDl C u u 0
Buy Back Recyclables 2 0 L 0 4 0,01
IDrop on.Recyclables. ~ u L ll 2 0.01
Outside City Waste 0 u 0 ll
Bulk Waste/White Goods/Metal 2,389 2,150 50 2,439 2,439 8 Special Was~c - electronics V 21 10 j/ 37 0.12
Street Sweeping 3,8 17 3,8 11 14 J,l:l!:11 3,891 12
I ires ,; 2 6 6 0.02
1 .,uuw,.;r ',}.,;, /4 i 4-',lll4 42,74 / 142,494 119,33C 382 33,681: TIS Diversion Percentage 46%
*Docs not lr.idud ~ waste to energy er other diversion credits for reporting purposes.
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EXHIBIT "4''
PRELIMINARY SITE PLAN
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9. EXHIBIT "5"
PROJECT TIMELINE
SCD
TRANSFER STATION EXPANSION
Project Design October 2008 - December 2008
Dedication of Public Right of Ways October:2008 -January 2009 Zone Variance or Change October 2008 - January 2009
Project Permitting (Bldg. & Safety) December 2008 - March 2009 Project Permitting (Solid Waste Management November 2008-August 2009 Division Facility Permit)
City, LEA, CIWMB, others review December· 2009 - August 2009 Project Construction September 2009-January 2010
Acceptance Testing February 2010
Long-term Operations Start February 4010
EXIIlBIT "6"
ACCEPTANCE OF TRANSFER STATION
The Contractor shall commence start-up operations under this agreement at the Transfer Station upon occurrence of the Acceptance of Facility. Acceptance of Facility shall occur only when all of the following conditions have been satisfied:
1. A Certificate of Occupancy has been issued for the Facility, if required by Applicable Law;
2. Contractor has obtained all required permits and approvals;
3. The Contractor has delivered to City written certification that all major items.of machinery and equipment have been properly installed and tested in accordance with the manufacturers'' recommendations and requirements;
4. Contractor has received all warranties required to be obtained for its equipment; and
5. · If required by Applicable Law, any Governmental Body having jurisdiction has confirmed the appropriate installation of equipment.
6. The Contractor will prepare an Acceptance Test Manual and submit it to the City for review at least one htindred twenty (120) days prior to the commencement of the Acceptance Test. The City will provide written comments on the Acceptance Test Manual to the Contractor within thirty (30) days of the receipt of the Manual:
The Contractor will address these comments and within thirty (30) d_!ys thereafter, the Contractor must deliver the final Acceptance Test Manual. The Contractor and City will agree upon the mutually acceptable form of the Acceptance Test Manual prior to thirty (30) days prior to the commencement of the Acceptance Test. . ·
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EXHIBIT 6 ( continued)-
ACCEPTANCE OF SELF-HAUL FACILiTY
The Contractor shall commence start-up operations under this agreement at the Self Haul Facility upon occurrence of the Acceptance of Facility . .Acceptance of Facility shall occur only when all of the following conditions have been satisfied:
7. A Certificate of Occupancy has been issued for the Facility, if required by Applicable Law; ·
8; City has obtained all required permits and approvals;
9. The City has delivered to Contractor written certHication that all major items of machinery and equipment have been properly installed and tested in accordance with the manufacturers" recommendations and requirements; fO. City has received all warranties required to be obtained for its equipment; and
11. If required by Applicable Law, any Governmental Body Having jurisdiction has confirmed the appropriate installation of equipment.
EXHIBIT "7"
INSURANCE REQUIREMENTS
1. GENERAL CONSIDERATIONS
It is a requirement of the City of Santa Monica, California ("the City'!) that Contractors must agree to the indemnity obligations set forth in the General Contract. The City reserves the right to participate in the defense of any claim or action that is brought against the City.
To insure compliance with this policy, the City requires each Contractor to carry adequate insurance coverage with a company or companies acceptable to said City. The City fully understands that no insurance policy of any company Licensed to do business in the State of California is all encompassing in coverage or limit of liability.
2. INSURANCE REQUIREMENTS
During the performance and up to·the date of final payment, the Contractor must effect and maintain insurance hereafter checked as required. The first (primary) one million dollars ($1,000,000) of Bodily Injury and Property Damage limits must be with a company or companies Licensed ~o do business in California. The excess over one million dollars ($1,000,000) may be with either a Licensed or non-admitted company provided the non-admitted company is: (1) listed as approved to do business in California by the California Department of Insurance, (2) has a Best financial rating of A minus or better, with a policyholder surplus of · Roman Numeral X or better, and (3) otherwise acceptable to the Department of Law of the City.
All Comprehensive General Liability policies and Comprehensive Automobile Liability policies shall be endorsed to include the City as an Additional Insured, and this shall be noted on the Certificates of Insurance.
All policies must be of the standard form of coverage as filed with and approved by the Cmnmissioner of Insurance for the State of California or otherwise authorized. The Contractor shall not commence work under the Contract until it.has obtained all insurance coverages required hereafter, and such in~urance has been approved by the Department of Law of the City.
3. GENERAL LIABILITY
. a. Comprehensive (Commercial) General Liability:
The Contractor shall have and maintain during the life of the Contract such Bodily Injury Liability Insurance and Property Damage Liability Insurance as shall protect Contractor from claims for Bodily Injury and Property Dainage arising from the Contractor's operations under the Contract, whether such operations are conducted by Contractor or by any subcontractor of said Contractor. The Bodily Injury Liability Insurance shall pay on behalf of the Insured all sums up to the limits provided by the policy which the Insured shall become legally obligated to pay as damages because of bodily injury, sickness or disease, including death a~ anytime resulting therefrom, sustained by a Person other than an employee of the Contractor and caused by an j
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occurrence. The Property Damage Liability Insurance shall pay on behalf of the Insured all sums up to the limits provided by the policy which the Insured shall become legally obligated to .pay as damages because of injury to, or destruction of, property, including the loss of use thereof, caused by any occurrence. ·
This policy shall cover liability for damage to property caused by blasting or explosion or collapse, or structural injury to any building or structure, or damage to any property be!ow the surface of the ground (Explosion, Collapse and Underground Damage), as applicable. b. Premises and Operations Liability:
The Contractor shall have and maintain during the life of the Contract such Premises and Operations Liability Insurance as shall protect Contractor and the CITY from liability res~lting.from_the operations under the Contract by the Contractor. c. Products and Completed Operations Liability:
The Contractor shall provide such Products and Completed Operations Insurance as shall protect Contractor from liability arising out of the Contract and including those products involved in the work for which Contractor is responsible. d. Broad Form contractual Liability:
The Contl'.actor shall have and m~ntain during the life of the Contract such contractual Liability Insurance as shall protect Contractor from liability resulting from .the execution of the Contract by the Contractor. If coverage is not provided on the blanket form ba$is, a copy of the policy or endorsement providing coverage for Contractual liability assumed . by the Contractor under its Contract with tlie CITY must be attached to the Certificate of Insurance.
4. · AUTOMOBILE LIABILITY
e.
owned):
Comprehensive (Business) Automobile Liability (all owned, hired and nonThe. Contractor shall have and main_tain during the life of the Contract such Comprehensive (Bµsiness) Automobile Liability (all owned, hired, and non-owned) Insurance as shall protect the Contractor for.claims arising out of the ownership, operation, maintenance and use of land motor vehicles and trailers intended for use therewith.
S. WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY
f. The Contractor shal_l have and maintain during the life of the Contract Work~r's Compensation · Insurance conforming to the requirements of the laws of California. In . case of any employee or employees are not covered by such laws of California, the Contractor shall provide Employers' Liability coverage for the protection of such employee or employees.
6. PROPERTY DAMAGE INSURANCE
g. Builder's Risk Insurance
The Contractor shall have.and maintain during the life of the Contract such Property Insurance upon Contractor's entire work at the site to the completed value thereof. This insurance shall protect the CITY, as its interest may appear in the work, and shall insure against the perils of fire -and extended coverage, and shall include "all risk" insurance for the physical loss or damage including without duplication of coverage, theft, vandalism and malicious mischief. All Risk insurance may contain the normal exclusions, such as, but not limited to, flood, earthquake, mysterious disappearance, inherent vice, and war. If the CITY requires coverage for flood or earthquake, specific requirements concerning same are set out hereafter in these specifications. If the Property Insurance contains a co-insurance provision, the Contractor · shall be responsible for the amount of insurance satisfying the co-insurance amount so as to make the co-insurance clause-inoperable.
If not covered otherwise, the Contractor shall have and maintain during the life of the Contract similar Property Insurance on portions of the work stored off the site or in transit. when such portions of the work ~e to be included in any payment. '
7. . ADDITIONAL INSl,JRANCE REQUIRE~NTS:
The Certificate of Certificates of Insurance shall contain the following provisions, to wit:
The coverage provided shall not ~e canceled, reduced in coverage, or allowed to lapse unless and until the City of Santa Monica receives at least thirty (30) days advance written notice of same. Said written notice must be delivered to the Director, Insurance and Safety Division, at his office shown as the address of the Certificate Holder below. ( ) If this box is checked, each of the said policies set out above may contain a deductible feature not in excess of$ ______ per occurrence. If a deductible feature is provided in a policy or policies, the Contractor shall be liable for said amount of any claim or loss.
The word "CONTRACT" above shall mean the AGREEMENT between the CITY and CONTRACTOR for this PROJECT. The word "Contractor" shall mean the successful PROPOSER who is the CONTRACTOR for this PROJECT. The iimit "Each Person" is the monetary limit applied to each Person injured in a given occurrence. The _limit "Each Occurrence" is the limit of the total liability for claims, subject to the limit for "Each Person," from one common cause. The word "Aggregate" is the limjt of the total liability for all damage of the specified coverage for each annual term of the insurance policy.
The CONTRACTOR is required to have a CERTIFICATE of INSURANCE properly executed by an insurance company or insurance companies authorized to do business in the State of California
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8. MINIMUM LIMITS OF COVERAGE - Coverage shall be at least to the following minimum limits. If the Contractor has or obtains primary and umbrella excess policies, there shall pe no gap between them.
(a)
(b)
(c)
(d)
GENERAL LIABILITY
Comprehensive General Liability
Bodily Injury
Property Damage
(or)
Combined Single Limit
$ 1,000,000
$1,000,000
$1,000,000
$ 1;000,000
Each Occurrence.
Aggregate Per Project
Each Occurrence
Aggregate Per Project
$ 1,000,000 Per Occurrence Per Project
Premises and Operations .Liability
Products and Completed Operations Liability
contractual Liability
same limits as in (a) above.
same limits as in (a) above.
same limits as in (a) above:
AUTOMOBILE LIABILITY
(e) Comprehensive Automobile Liability (all owned, hired and non-owned) (f)
(g)
(h)
Bodily Injury $1,000,000 Each Person
$1,000,000 Each Occurrence
Property Damage $1,000,000 Each Occurrence
.$ 1,000,000 Aggregate
(or)
Combined Sing!~ Limit $1,000,000 Per Occurrence
·WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY
Worker's Compensation
Employer's Liability
PROPERTY DAMAGE
Builder's Risk Insurance
Other Insurance
Statutory Amount
$1,000,000
$ (Value of Structure)
$ (As Required)
Each Occurrence
Property insurance against all risks of loss covering buildings, facilities, equipment, and personal property owned by on said premises. Coverage shall be on an "All Risk" or "Special Causes of Loss" basis in an amount equal to 100% full replacement cost with on co-insurance penalty.
Policy. shall be endorsed to provide Bm:;iness Interruption coverage for a period of twelve · months.
EXHIBIT "8"
FORM OF PERFORMANCE BOND
........ J u,,01
Sa• ta ltle• lea•
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
WHEREAS, the City of Santa Monica, by motion adopted November 25, 2008, has awarded to Southern California Disposal Company, a California corporation (the "Principal"), with its principal office in the City of Santa Monica,. State of California, a Service Agreement ("Contract"), including without , limitation all incorporated documents, exhibits and other documents defined for the Contract as the "Contract Documents" for the Project, the Contract being hereby incorporated into this bond and by this reference made a part hereof;
WHEREAS, said Principal is required by the Contract to furnish a bond for the faithful performance o.f the Contract; · ·
NOW THEREFORE, we Southern California Disposal Company, a California corporation, as Principal, and Name of Surety, as Surety ("Surety")" are held and firmly · bound unto the City of Santa Monica (hereinafter called "City), in the sum of One Million Dollars ($1,000.000.00) for the payment whereof we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the Principal, and Principal's heirs, executors, administrators, successors, or assigns shai'I in all things stand to and abide by and well and truly keep and perform all the undertakings, terms, covenants,-conditions ·and agreements in the Contract (including without limitation any change,. modification or alteration thereof or in the work to be performed thereunder), which obligations include without limitation any warranty or .indemnity obligations under the Contract, then this obligation shall become null and void; otherwise, it shall be arid remain in full force and effect.
SURETY; for value received hereby stipulates and agrees that no change, extension of time, alteration or modification of the Contract or of the work to be performed thereunder shall in any way affect its obligations on this bond and it does hereby waive notice of such change, extension of time, alteration or modification of the Contract or of work to be performed thereunder.
IN_ WITNESS WHEREOF four (4) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by l
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the Principal and· Surety named herein, on the '#If. day of Month , 200#, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned repres_entative pursuant to authority of its governing body; Principal
By
Surety
By
EXHIBIT9
Distances to Disposal and Recycling Facilities
(SCD-- Location: 1908 Frank Street, Santa Monica, CA 90404) Disposal Facilities Address
Downtown Diversion Los Angeles
North Hills Recycling Los Angeles
Commerce Refuse-To-Energy 5926 Sheila Street
Facility Commerce; CA 90040
e-Recycling of California 7230 Petterson Lane
Paramount, CA 90723
SEERF Long Beach ·
Scholl Canyon Sanitary Landfill 3001 Scholl Canyon Road . Glendale, CA 91206 ,
Sunshine Canyon Landfill 14747 San Fernando Road
Sylmar, CA 91342
Sun Valley Pap~r Stock Los Angeles
Community Recycling Los Angeles.
Bradley Landfill & Recycling 9227 Tujunga A venue
Sun Valley, CA 91352
Calabasas Sanitary Landfill 5300 Lost Hill Road
Calabasas Hills, CA 9_1301
Puente Hills Landfill 2800 Workmen Mill Road
Whittier, CA 90601
Azusa Land Reclamation Azusa
Chiquita Canyon Landfill 29201 Henry Mayo Drive
Castaic, CA 91384
Simi Valley Landfill & Recycling · 280 l N. Madera Road Center Simi Valley, CA 93065
Olinda Alpha Landfill CA-14';,N alencia A venue
Brea, CA
Frank R. Bowerman Sanitary 11002 Bee Canyon Access Road Landfill Irvine, CA
TVI Irvine
Antelope Valley Public Landfill I Tierra Subida A venue Palmdale, CA 93550
Miles Group
15 A
20 A
21 - A
23 A
24 A
24 A
25 A
27 A
27 A
27 A
28 A
29 A
36 B
38 B
40 C
47 C
55 C
55 C
60 D
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Prima Deshecha Sanitary Landfill
El Sobrante Landfill
Lancaster Landfill & Recycling
Center
Cow Pasture Road/La Pata A venue 69 D
San Juan Capistrano, CA
10910 Dawson Canyon Road- 71 D
Corona, CA 92883
600 E. A venue F 75 D
Lancaster, CA 93535
8 0 -125000
125001 - 750000
750001 - 1600000
ZERG>
WASTE PLAN ....................... ~
• l.a1caster Landlil and Recyding Certar
Antelope Vall8"f Public: LandfiA I , • • •
Disposal Facilities Receiving MSW from City of L.A.
SWIRP
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EXHIBIT 10
EQUIPMENT PURCHASE LIST
Make& Model Unit# Original In-Service -City Annual Accum Cost- Fuel MTC Total Proposed Cost Date Established Depreciation Depreciation Depreciation Type 2004 Vehicle Purchase Depreciated Costs 2004 Price
Life Cycle Ae
Qedge 9al1eta J 8in ½fk -1-QQ s :30,la9 ~ -HI s :3,01:3 tJl. S 2fi,HS s 30.~~ s 2;000 40 Dedge Qeketa t 8in +Fk ~ s :30,:320 :3Jl~OO;! ~ s 2,S:11 tJl. s fi,fi§Q s 9,8~ s 2,500 6 Qedge Qekela ,1 8in +FIE -l-§;t:18 s :30,;!:IQ ;im,gog;i ~ s :l,S21 tJl. s 9,lififi s U,948 s :l,li00 6 ¥ale GPQfiO+llNY,6,1.t0S;t ~ s :14,:lli9 ,m11991 ~ s :1,0:l:I NG s l,~S~ s :i,m s 2,000 44 While +FUelE +F&6leF -l49,;t9 s 98,108 -HI s 9,8;11 m, . S 2l,19S s ;!Q,830 s 4,QQQ JJJhile/GMG ½Fll6k ½FB6l8F ~ s IQ:l,fi9fi s,gfi,11994 . -HI s lQ,210 m, S ;!S,499 s 44,fiBI s 4,000 44 Jehe I>eeFe fi4 4H LeadeF ~ -$ 7/3/2003 -1-S -$ -$ -$ . m. -$ -$ -$ ~ ~ -~ ~- -l,80l) +l,gQ 50,000
GaFdReF IleR'M!F fi_ TFaSh Pump -1a41i n/a ####### DISPQSBI> m. -$ -$ -$ ' - - - a-9 Bowles Stn Compactor 14038 n/a S/1/1980 14 DL S 43,395 s 43,669 s 100 28 Bowles 4S' Comptrlr 14507 n/a 3/30/1987 10 n/a $ 14,494 $ 14,494 $ 100 21 John Deere S44G Loader 1S111 n/a 3/14/199S IS n/a S 4S,997 $ 48,87S $ 100 13 CCIBTPT-45 1S140 $ 121,449 6/16/1995 10 $ 12,14S $ 121,449 $ xx $ 14,972 $ 14,972 $ 100 13 Century Btpt-45 15247 $ 75,490 3/13/1997 . 10 $ 7,549 $ 75,490 s xx $ 20,694 s 20,694 s 100 11 Volvo Truck Tractor 1S274 s 149,500 1/1/1997 IS s 9,967 $ 114,617 $ 34,883 DL $ 31,214 $ 39,93S $ 25,000 11 Century BTP.T-4S 15441 s 78,300 3/29/1999 10 s· 7;830 $ 74,385 $ 3,915 xx $ 2S,791 $ 25,791 $ 1,500 9 lHCTractor 15453 $ 139,148 1/1/1999 15 s 9,277 s 57,793 s 81,355 Bl $ 18,728 $ 30,262 $ 12,500 9 IHC Truck Tractor 15600 s 138,826 1/18/2001 IS s 9,25S $ 57,471 $ 81,355 Bl S 15,845 $ 25,809 $· 12,500 7 ll-iC Truck Tractor· 15729 $ 138,607 3/15/2002 15 s 9,240 $ 69,304 $ 69,303 Bl $ 23,245 $ 32,880 $ 12,500 6 Compaction Control CCI CTPT -45 1.5736 $ 81,179 3/27/2002 10 s 8,118 $ 60,884 s 20,295 xx S 10,591 s 10,591 $ 12,500 6 Compaction Control CCI CTPT-45 15737 $ 81,179 3/26/2002 10 $ 8,118 $ 60,884 s 20,295 xx S 26,j39 $ 26,339 $ 12,500 6 Original Total $1,521,045 $ 478,208 $156,500
Reme~red l!y Gily $ S17,367 $ 143,897 $ 67,000
Remaining Total S li!!Dl16:Z8 S JJ!IJII s sisoo
EXHIBIT 11
PERFORMANCE STANDARDS
1. Transfer out of the Transfer Station all Acceptable Materials received during the operating day on the same day they are received. No solid waste shall remain on the tipping floor at the end of the operating day.
2. Maintain. the capability of receiving, loading and transferring the Acceptable Materials designated for the Transfer Station in Exhibit 3 at 150 percent of the daily rate indicated in Exhibit 3, Column 7.
3. Manage of receiving, storage and loading of the individual Acceptable Materials, shown in Exhibit 3, to·.prevent contamination by other materials and thereby.reduce recyclability.
4. Provide the necessary separate storage and load out areas for Acc~ptable Materials so the Item 3 above is achieved, MSW and food waste are examples.
5. Provide and utilize scales to insure that the weights of each Acceptable Material listed in Exhibit 3 are documented both on arrival and departure at the Transfer Station. Said documentation shall include the origin and destination of each Acceptable Material.
6. Provide semi-enclosed operations, where all unloading, storage and loading operations are under roof.
7. Load transport vehicles so that the gross vehicle weight is not exceeded for the v-ehicle or for the route the vehicle travels to the City Approved Processing Facility.
8. Provide secure covers for all vehicles transporting Acceptable Materials so that there is not li~er resulting from the transport operation.
9. Operate and maintain all vehicles transporting Acceptable Materials so that there is no liquid spillage from the cargo portions of the vehicles. .
10. Operate to insure a maximum wait time of 10 minutes for City collection vehicles once on site and through the scale house to tipping floor of the Transfer Station. Coordinate with all users of the Transfer Station to qieet said wait time requirements to the City.
11. Operate to prevent litter, dust, and odor from leaving the Transfer Station property.
12. Operate not to exceed 85 dba level for noise at the Transfer Station property line.
I
l.
j
(Attachment A)
(11'/ I'll
••••• Hoale• "'
City of Santa ~f ~:6;\Tt,-~n~Yr!fc1 Oaks Initiative Disclosure Form · ·· -· · . "OB OfC -8 PS :1 'i
All persons or entities receiving public benefits defineaoelow from the City of Santa Monica shall provide the names of trustees, directors, partners and officers and names of those with more than a I 0% equity, participation or revenue interest. This information is required by City Charter Article XII-Taxpayer Prote.ction.
Name of Entity: Southern California Disposal Inc.
NAME OF PERSONS OR ENTITIES RECEIVING PUBLIC BENEFIT:
Southern California Disposal, Sam Kardashian, Luke Kardashian, Mike Matosian, Tamara Matosian, Seta Kardashian
NAME(S) OF TRUSTEES, DIRECTORS, PARTNERS, AND OFFICERS:
Sam Kardashian, Luke Kardashian, Mike Matosian, Tamara Matosian, Seta Kardashian NAMES OF THOSE WITH MORE THAN A 10% EQUITY, PARTICIPATION .OR REVENUE INTEREST:
Public benefits include:
1. Personal services contracts in excess of$25,000 over any 12-month period;
2. Sale of material, equipment or supplies to the City in excess of$25,000 over a 12-month period;
3. Purchase, sale or lease ofreal property to or from the City in excess of$25,000 over a 12-month period;
4. Non-competitive franchise awards with gross revenue of$50,000 or more in any 12-month period;
5. Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of$25,000;
6. Tax "abatement, ·exception, or benefit'' of a value in excess of $5,000 in any 12-month period; or
7. Payment of"cash or specie" ofa net value to the recipient of$10,000 in _W:y 12~ d.
Prepared by: Mike Matosian Signature: / ~ ... .....__;;====--------~-----..
Date: December 4, 2008 Title: Vice President
I FOR CITY USE ONL y,
Bid/PO/Contract# Permit# ____ _
(1/06)
TO BE COMPLETED BY ALL CONTRACTORS PROVIDING SERVICES TO THE CITY OF SANTA MONICA IN EXCESS OF $54,200
(Fiscal Year 08/09 - July 1, 2008 through June 30, 2009) Please read, complete, and sign the following:
THIS CONTRACT~ SUBJECT TO THE LIVING WAGE ORDINANCE.
THIS CONTRACT IS NOT SUBJECT TO THE LIVING WAGE ORDINANCE.
Contractor is exempt as a (please check one):
(a) __ Government agency
(b) __ City grantee
(c) __ Non-profit corporation.
•
( d) __ Employees covered by a bona fide collective bargaining agreement where the waiver is explicitly set forth in an agreement in clear and unambiguous terms (please provide copy of collective bargaining agreement). ( e) __ Corporations providing banking services
The undersigned, on behalf of himself or herself individually and on behalf of his or her business or organization, hereby certifies that he or she is fully aware of Santa Monica's Living Wage Ordinance (LWO), and the applicability of the LWO, and the applicability of. the subject contract, as determined herein.· The undersigned further agrees to be bound by all of the terms of the L WO, as mandated in the Santa Monica Municipal Code, Chapter 4.65. If, at any time during the term .of the contract, the answers to the questions posed herein change so that Contractor would be subject to the LWO, Contractor will promptly notify the Director of Finance in writing. Contractor further understands and agrees that the failure to comply with the LWO, this certification, or the terms of the Contract as it applies to the LWO, shall constitute a default of the Contract, which shall be grounds for termination. City shall have the right to examine all books and records of the contractor as they relate to compliance with the LWO.
Payroll records shall at a minimum include full name of each employee performing labor or providing services under the contract, job ciassification and rate of pay. · These statements are made under penalty of perjury under the laws of the State of California.
PrintedName: t:-1.;.~e, l:::-\0:::t os ic,.v'"' Title: \/·ce.. ~e5',-de,1'\-l· Signature: /Z::--~ =- Date: ]A,«...-i i(}e,,, ~ r: cla?8 Contractor: ~ vfj,-e v n C a /,'"µ ,,. Y', · c-, _0- ~ct? C-? -5.., I· Contract Description: So\ 1 d ~ CL t'--~OV°'ctg Qff)e((\+ [Tr;;.; ill t"" Se1vt' c 0 S -2- (Rev. 09/2008)
1 SECOND MODIFICATION OF AGREEMENT NO. 9011 (CCS)
This Second Modification of Agreement Number 9011 (CCS) (“Second Modification”), entered into as of November 13, 2019 (“Effective Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and Southern California Disposal Company (“Contractor” or “SCD”) is made with reference to the following:
RECITALS
A. On or about December 2, 2008, the City and Southern California Disposal Company (“Contractor” or “SCD”) entered into Agreement Number 9011 (CCS) for Transfer Services for Recycling and Disposal (“Original Agreement”).
B. On or about June 28, 2019, the City and SCD entered into a First Modification of Agreement Number 9011 (CCS) (“First Modification”) which clarified and expanded existing transfer services to include Recyclable Material to be transferred by SCD.
C. On September 24, 2019 the City and SCD authorized a modification of Agreement Number 9011 (CCS) to pay for the interim transfer of curbside recyclable materials in an amount not to exceed $900,000 through December 31, 2020.
D. On November 12, 2019, the City and SCD authorized an increase to the not-toexceed amount for the interim transfer of curbside recyclable materials previously authorized at the September 24, 2019 Council meeting by an additional $360,000.
E. The City and SCD desire to modify the Original Agreement and First Modification to increase the rate to haul curbside recyclables from $25.18 per ton to $39.75 per ton as of November 13, 2019 (plus CPI adjustment applied on January 1, 2020), resulting in an increase of the not to exceed amount to $1,260,000 for hauling curbside recyclable materials only. The new total contract amount, including the $1,260,000 for hauling curbside recyclable materials, shall not exceed $37,260,000 subject to future year funding approved by the City Council. The termination date for interim transfer of curbside recyclable material services shall be December 31, 2020. The termination date for all services other than the interim transfer of curbside recyclable material services shall be December 1, 2026.
TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the Original Agreement and First Modification as follows:
1. This Second Modification shall be effective beginning November 13, 2019 and shall terminate on the dates set forth, below, unless terminated sooner in accordance with Section 8 of the First Modification.
2. Section 6.6 shall be added to Article VI of the Original Agreement, as follows:
Section 6.6 Total Contract Amount.
DocuSign Envelope ID: 55803394-E831-4659-A199-E53F98B5ABFE 2 (i) The rate to haul curbside recyclable materials shall be $39.75 per ton as of November 13, 2019 (plus CPI adjustment applied on January 1, 2020). The City will compensate SCD for the interim transferring services of curbside recyclable materials pursuant to Section 8 of the First Modification (“Additional Services”), in an amount not to exceed $1,260,000.
(ii) The total amount of compensation to SCD for all transfer services under the Original Agreement, as modified by the First Modification and the Second Modification, including the not to exceed amount under subparagraph (i), above, shall be an amount not to exceed $37,260,000, subject to future year funding approved by the City Council.
(iii) The termination date for interim transfer of curbside recyclable material services shall be December 31, 2020. The termination date for all services other than the interim transfer of curbside recyclable material services shall be December 1, 2026. ///
DocuSign Envelope ID: 55803394-E831-4659-A199-E53F98B5ABFE 3 3. Except as expressly modified by this Second Modification, all other terms and conditions of the Original Agreement and First Modification shall be and remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Second Modification as of the date and year Third written above.
ATTEST:
______________________________
DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________
LANE DILG
City Attorney
CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________
RICK COLE
City Manager
SOUTHERN CALIFORNIA DISPOSAL
AND RECYCLING COMPANY
By: _______________________________
LUKE KARDASHIAN
President
DocuSign Envelope ID: 55803394-E831-4659-A199-E53F98B5ABFE THIRD MODIFICATION OF AGREEMENT NO. 9011 (CCS)
This Third Modification of Agreement Number 9011 (CCS) (“Third Modification”), entered into as of _______________ (“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and Southern California Disposal Company (“Contractor” or “SCD”) is made with reference to the following:
RECITALS
A. On or about December 2, 2008, the City and Southern California Disposal Company (“Contractor” or “SCD”) entered into Agreement Number 9011 (CCS) for Municipal Solid Waste Transferring Services (“Original Agreement”).
B. On or about June 28, 2019, the City and SCD entered into a first modification of Agreement Number 9011 (CCS) (“First Modification”) which clarified and expanded existing transfer services to include Recyclable Material to be transferred by SCD.
C. On September 24, 2019 the City and SCD authorized a modification of Agreement Number 9011 (CCS) to pay for the interim transfer of curbside recyclable materials in an amount not to exceed $900,000 through December 31, 2020.
D. On November 12, 2019, the City and SCD authorized an increase to the not-to-exceed amount for the interim transfer of curbside recyclable materials previously authorized at the September 24, 2019 Council meeting by an additional $360,000.
E. On November 13, 2019, the City and SCD entered into a second modification to the Original Agreement and First Modification (“Second Modification”) to increase the rate to haul curbside recyclables from $25.18 per ton to $39.75 per ton as of November 13, 2019 (plus CPI adjustment applied on January 1, 2020), resulting in an increase of the not to exceed amount to $1,260,000 for hauling curbside recyclable materials only. The new total contract amount, including the $1,260,000 for hauling curbside recyclable materials, cannot exceed $37,260,000 and is subject to future year funding approved by the City Council. The termination date for interim transfer of curbside recyclable material services is December 31, 2020. The termination date for all services other than the interim transfer of curbside recyclable material services is December 31, 2026. The Original Agreement, as amended by the First Modification and Second Modification, is referenced herein as “the Agreement.” F. The City and SCD now desire to amend the Agreement to extend the termination date for interim transfer of curbside recyclable material services to December 31, 2021 and authorize SCD to use 1911 Frank Street, an approximately 150 feet by 70 feet or 10,500 square-foot City property located at the southwest corner of the City Yards (the “Hanson Lot”), in accordance with the License Agreement attached hereto as Exhibit “A”.
DocuSign Envelope ID: ACA7F165-7B8F-409A-ABB3-6EE65F0DC48E 11/5/2020
TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually acknowledge the above referenced recitals as true and correct, and agree to modify the Agreement, as follows:
1. This Third Modification shall be effective beginning on the Execution Date and shall terminate on December 31, 2021, unless terminated sooner in accordance with Section 8 of the First Modification.
2. Section 6.6 of the Agreement is deleted in its entirety and replaced with the following text:
Section 6.6 Total Contract Amount.
(i) The rate to haul curbside recyclable materials is $39.75 per ton as of November 13, 2019 (plus CPI adjustment applied on January 1, 2020, and every January 1 thereafter). The City will compensate SCD for the interim transferring services of curbside recyclable materials pursuant to Section 8 of the First Modification (“Additional Services”), in an amount not to exceed $1,260,000. (ii) The total amount of compensation to SCD for all transfer services under the Agreement, including the not to exceed amount under subparagraph (i), above, shall be an amount not to exceed $37,260,000, subject to future year funding approved by the City Council.
(iii) The termination date for interim transfer of curbside recyclable material services is December 31, 2021. The termination date for all services other than the interim transfer of curbside recyclable material services is December 1, 2026.
3. License to use the Hanson Lot. SCD shall be authorized to use the property located at 1911 Frank Street (the “Hanson Lot”) in accordance with the terms and conditions of the License Agreement attached hereto as Exhibit “A,” which is incorporated herein by this reference.
4. Except as expressly modified by this Third Modification, all other terms and conditions of the Agreement shall be and remain in full force and effect. ///
DocuSign Envelope ID: ACA7F165-7B8F-409A-ABB3-6EE65F0DC48E IN WITNESS WHEREOF, the parties have executed this Third Modification as of the date and year written above.
ATTEST:
______________________________
DENISE ANDERSON-WARREN
APPROVED AS TO FORM:
______________________________
LANE DILG
CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________
RICK COLE
#VENDOR
By: _______________________________
DocuSign Envelope ID: ACA7F165-7B8F-409A-ABB3-6EE65F0DC48E Interim City Attorney
11/3/2020
George Cardona
President
11/3/2020
Southern California Disposal Co., Inc.
Luke S Kardashian
11/5/2020
Lane Dilg
Interim City Manager
Denise Anderson-Warren
11/10/2020
City Clerk
Exhibit “A”
LICENSE AGREEMENT
This LICENSE AGREEMENT (“Agreement” or “License”), entered into this ___ day of __________________ (“Execution Date”), by and between the CITY OF SANTA MONICA (“City” or” Licensor”), and Southern California Disposal Company (“Licensee”), is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and Charter of the City.
B. Licensee is authorized to do business in the State of California.
C. Licensee desires to use certain property located at 1911 Frank Street and referenced herein as “the Hanson Lot” or “License Area” and City desires to allow the use of the Hanson Lot by SCD, subject to the terms and conditions of this License.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
1. TERM
1.1 Initial Term. Unless terminated earlier as set forth in this Agreement or extended pursuant to Section 1.2, below, the Initial Term of this Agreement shall commence on the Execution Date and shall terminate thirty (30) days after the Execution Date (“Termination Date”), unless extended in accordance with Section 1.2 or terminated sooner in accordance with Section 18, herein.
1.2 Option to Extend. At the City’s sole discretion and provided the Licensee is in full compliance with the terms and condition of this Agreement, the Initial Term of this License may be extended beyond the Termination Date (“Extension Period”) on a month to month basis, not to extend beyond December 31, 2021, if such extension is requested in writing by SCD no later than fifteen (15) days prior to the Termination Date or authorized Extension Period. Any extension granted is subject to all the same terms and conditions set forth in this Agreement.
2. GRANT OF LICENSE; LICENSEE’S SUBLICENSEE(s).
2.1 Grant of License. City hereby grants to Licensee a nonexclusive revocable license to explore curbside materials transferring services space use options and DocuSign Envelope ID: ACA7F165-7B8F-409A-ABB3-6EE65F0DC48E 11/5/2020
complete the Scope of Improvements required by Section 4 (collectively, “Permitted Activities”), subject to the terms and conditions of this Agreement.
2.2 No Interest in Property. This license does not constitute an estate or interest in the City Property and is merely a conditional, limited right to enter upon the License Area to perform Permitted Activities for a limited period of time.
3. LICENSE AREA AND USE.
3.1 License Area. The License Area consists of the area depicted in Exhibit 1, which is attached hereto. Licensee accepts the License Area “as is” and Licensor makes no representations or warranties about the suitability of the License Area for any particular purpose. This License includes the reasonable right of access to the License Area by Licensee. Licensee shall not use any City premises or property not specifically permitted pursuant to this Agreement.
3.2 Use and Permitted Activities. The License Area is to be used solely for the exploration of curbside materials transfer services space use options (the “Permitted Activities”). Any other use of the License Area is expressly prohibited.
3.3 Days and Hours of Operation. Licensee’s use of the License Area shall be operational during the following hours:
Days of Operation Hours of Operation
Monday through Friday 5:00 a.m. to 6:00 p.m.
Saturday 7:00 a.m. to 4:00 p.m.
Any changes in the above days and hours shall be subject to mutual agreement of the parties; provided, however that no amplification shall be allowed prior to 8:30 a.m.
4. LICENSE FEE.
As consideration for the License granted herein, Licensee shall (i) pay City the amount of ONE DOLLAR ($1.00) and (ii) complete the Scope of Improvements attached hereto as Exhibit 2 (collectively, the “License Fee”) for the use of the License Area in accordance with this Agreement. The License Fee is payable by check, money order, or other means of payment acceptable to the City’s Finance Department.
5. EQUIPMENT.
5.1 Responsibility for Equipment. City shall have no responsibility for providing or connecting any temporary structures, fixtures, utilities, services, furnishings, or equipment (collectively referenced herein as “Equipment”) necessary to operate the Permitted Activities authorized by this Agreement. Any and all Equipment and their installation shall be the responsibility of Licensee or its Sublicensee(s). All such equipment and furnishings provided by Licensee shall be deemed Licensee’s personal property and shall be removed by Licensee or at the termination of this DocuSign Envelope ID: ACA7F165-7B8F-409A-ABB3-6EE65F0DC48E Agreement. No furnishings or fixtures shall be installed in such a manner as to become permanently affixed to or a part of the License Area, unless required by the Scope of Improvements (Exhibit 2) or authorized, in writing, by the City’s designated representative. Licensee, at its sole cost and expense will be responsible to ensure that Licensee does not cause a safety hazard.
5.2 Notice to City. Licensee shall provide no less than five (5) days’ advance written notice to City of its plans for installation of any Equipment and obtain City’s written consent as to the placement of Equipment within the License Area.
6. MAINTENANCE.
Licensee shall ensure that either Licensee or Sublicensee(s), at no expense to the City, shall keep the License Area in a clean and sanitary condition. Upon expiration of this Agreement, Licensee shall be responsible to assure that the License Area is returned to the City in as good a condition as of the Execution Date of this Agreement. No boxes, barrels, or rubbish in any form shall be kept, piled, or stored in the License Area or surrounding areas unless approved by City. If Licensee fails to maintain such areas or fails to correct any unsanitary condition within 48 hours after being notified in writing to do so by City or other governmental agency with jurisdiction, then City may enter such areas and remedy the condition or conditions at the Licensee’s expense.
7. ALTERATIONS AND REPAIRS.
Licensee accepts the License Area in “as is” condition. City shall not be required to make any alterations, improvements, or repairs therein or thereon to accommodate use of the License Area. Licensee hereby waives any and all rights, any expressed or implied warranties concerning the condition of the License Area. Licensee shall not make any changes to or remove any fixtures existing within the License Area as of the Execution Date without first securing City’s written consent. All such approved changes or removals shall be at the sole expense of Licensee.
8. EMPLOYEES AND MECHANICS’ LIENS.
Licensee shall prevent the filing of any mechanics’ liens, and other liens, and liens for labor, services, supplies, equipment or material incurred by or on behalf of Licensee. Licensee shall at all times fully pay and discharge and wholly indemnify, defend and hold harmless City on account of any said liens, claims assertions, or filing thereof.
9. CITY’S RIGHT TO ENTER.
The City reserves the right to enter upon the License Area at any and all times during the term of this Licensee Agreement.
10. TAXES.
The Licensee shall exonerate, indemnify, and hold harmless the City from and against, and shall defend the City from and against, and shall assume full DocuSign Envelope ID: ACA7F165-7B8F-409A-ABB3-6EE65F0DC48E responsibility for, payment of all wages or salaries and all federal, state, and local taxes or contributions imposed or required under the Unemployment Insurance, Social Security, Income Tax laws, Worker’s Compensation laws, or other laws with respect to the Licensee’s employees engaged in the performance of Licensee’s obligations. Licensee shall pay all taxes upon personal property and improvements belonging to Licensee and upon their possessory interests, if any, and Licensee shall pay all sales and other taxes levied against the operation of said business.
11. CONTRACT SERVICES INSURANCE REQUIREMENTS.
Prior to entering upon the License Area for any purposes relating to this Agreement, Licensee shall procure, maintain and pay for insurance against claims for injuries to persons or damage to property that may arise from or in connection with Licensee’s activities on the City Property during the Term of this Agreement and any Extension Period, if any. Such insurance shall, at a minimum, meet the requirements for insurance set forth in Exhibit 3, Insurance Requirements and Verifications.
12. LAWS AND ORDINANCES.
During the term of this License, Licensee shall comply with all applicable federal, state and local laws, ordinances, codes, regulations, which may be amended from time to time. The violation of these rules and regulations shall be deemed a material breach of this License.
13. PERMITS AND LICENSES.
The Licensee shall be required to obtain any and all governmental permits or licenses required for the use of the Licensed Area. Licensee shall provide the Licensor with copies of all approvals, permits and other licenses. Receipts of all approvals, permits and licensed by governmental entities having jurisdiction of the Licensed Area is a condition precedent for the exercise of the License.
14. PROHIBITION AGAINST TRANSFER.
The parties hereby specifically agree that this License is personal to Licensee and that Licensee is prohibited from assigning all or any of its interests under or pursuant to this License to any other party or parties. The sale, assignment, transfer or other disposition of Licensee, or the transfer of any general partner or corporation, which shall result in changing the control of Licensee, shall be construed as an assignment of this Agreement. Any attempt to do so shall be null and void, and any purported assignee, sublessee, or transferee shall acquire no right or interest in this License. All required permits, licenses and any agreements related to the Licensee’s operation must be in Licensee’s name or it will be deemed a purported transfer of this License.
15. WAIVERS.
A waiver by the City of any breach of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a DocuSign Envelope ID: ACA7F165-7B8F-409A-ABB3-6EE65F0DC48E different character.
16. HOLD HARMLESS, DEFEND AND INDEMNIFICATION.
16.1 Hold Harmless, Defend and Indemnification. Licensee shall indemnify, defend and hold harmless Licensor, its City Council, boards and commissions, officers, agents and employees (collectively "Licensor") from and against any and all actions, causes of action, obligations, costs, damages, losses, claims, liabilities and demands of any nature whatsoever, including, but not limited to, reasonable attorneys' fees, regardless of the merit or outcome of any such claim or suit, arising from or in any manner connected to: (i) the use or possession of the License Area by Licensee, Sublicensee(s), or their respective directors, officers, employees, contractors, vendors, operators, guests or invitees; (ii) the condition of the License Area; (iii) the exercise of any license rights by Licensee under this Agreement; (iv) the activities and operations of Licensee, and its respective directors, officers, employees, agents, contractors, vendors, operators, guests and invitees; and (v) furnishing or supplying work, services, materials, equipment or supplies in connection with the use of the License Area. Licensee further agrees that City shall not be liable for any loss, damage or injury to Licensee’s business or to the property of Licensee or its respective directors, officers, employees, agents, contractors, vendors, operators, guests or invitees, nor shall City be liable for any injury to Licensee, or its respective directors, officers, employees, agents, contractors, vendors, operators, guests or invitees.
16.2 Costs of Enforcement. Licensee agrees to pay any and all costs the City incurs enforcing the indemnity, defense and hold harmless provisions set forth herein.
17. INDEPENDENT CONTRACTOR.
It is understood and agreed that Licensee, in the performance of this Agreement, will be acting in a wholly independent capacity and not as agent, employee, partner, or joint venturer of the City. This Agreement does not create a tenancy of any nature whatsoever between City and Licensee.
18. DEFAULT AND TERMINATION.
18.1 Termination for Default. If Licensee fails or refuses to perform any of the provisions of this Agreement, and if the default is not cured within a period of five (5) days after the City’s written notice of default specifying the nature of the default, City may immediately terminate this Agreement by written notice to Licensee.
18.2 Termination for Convenience. The City has the option, at its sole discretion and without cause, of terminating this Agreement by giving ten (10) days’ written notice to Licensee.
18.3 Obligations Upon Termination. Upon termination of the License, Licensee shall remove all equipment and materials and any other personal property from the License Area. If Licensee fails to remove any and all equipment and facilities and any other personal property by the date of termination set forth in the written notice, DocuSign Envelope ID: ACA7F165-7B8F-409A-ABB3-6EE65F0DC48E Licensor may take exclusive possession of the License Area by removing any and all equipment and facilities and any personal property and storing the same at the expense of Licensee without commencing any legal action or obtaining any court order therefor.
19. NOTICES.
All notices, demands, requests or approvals to be given under this Agreement, shall be given in writing, and shall be deemed served when delivered personally, or seventy-two (72) hours after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided.
19.1 Notice to City. All notices, demands, requests or approvals from the Licensee to City shall be addressed to:
City of Santa Monica
Resource Recovery and Recycling Division
2500 Michigan Avenue, Building 9
Santa Monica, CA 90404
Attn.: Resource Recovery and Recycling Manager
With a copy to:
City of Santa Monica
1685 Main Street, Room 310
Santa Monica, CA 90401
Attention: City Attorney
19.2 Notice to Licensee. All notices, demands, requests or approvals from the City to licensee shall be addressed to:
20. RIGHTS LIMITED TO REVOCABLE LICENSE.
Notwithstanding anything contained in this License or the actions of the parties in the future, under no circumstances shall the License granted herein ripen into either a lease or easement (whether under claim of prescriptive right or otherwise).
21. INTERRUPTION OF LICENSE RIGHTS DUE TO EMERGENCY.
In the event of an emergency which jeopardizes the health, safety or welfare of the public or any individual, Licensor may remove Licensee from the License Area and regain possession of it without notice to Licensee. The exercise of Licensor's rights under this Section shall be at Licensor's sole and absolute discretion.
22. RELATIONSHIP OF PARTIES.
The relationship between Licensor and Licensee is solely that of licensor and licensee. Both parties acknowledge the relationship is not of landlord and tenant, easement grantor and easement grantee, or any other relationship.
DocuSign Envelope ID: ACA7F165-7B8F-409A-ABB3-6EE65F0DC48E
23. MERGER OF NEGOTIATIONS.
This License represents the full and complete understanding of every kind and nature whatsoever between the parties hereto and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof, and this License shall not be modified except upon the written agreement of both Licensor and Licensee.
24. NONDISCRIMINATION.
Licensee agrees not to discriminate against any individual because of race, color, religion, national origin, ancestry, sex, sexual orientation, age, disability, or condition of having AIDS, in connection with the License granted herein.
25. COST OF LITIGATION.
Should either party hereto institute any action or proceeding to enforce any provision hereof or for damages by reason of an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses and such amount as is adjudged to be reasonable attorney’s fees for the costs incurred by the prevailing party in such action or proceeding.
26. CAPTIONS OF CONVENIENCE.
The captions herein are for convenience only and are not a part of this Agreement and do not in any way limit, define or amplify the terms and provisions hereof.
27. COUNTERPARTS.
This Agreement may be executed in several counterparts, each of which original, and all of which together constitute but one and the same document.
28. GOVERNING LAW.
The laws of the State of California, without regard to any choice of law provisions, will govern this Agreement.
29. VENUE AND JURISDICTION
Any litigation arising out of this Agreement may only be brought in either the United States District Court, Central District of California, or the Superior Court of California, County of Los Angeles, West District, as appropriate. The parties agree that venue exists in either court, and each party expressly waives any right to transfer to another venue. The parties further agree that either court will have personal jurisdiction over the parties to this Agreement.
30. SURVIVAL OF PROVISIONS AND OBLIGATIONS
Any provision of this Agreement, which by its nature must be exercised after termination of this Agreement, will survive termination, and remain effective for a DocuSign Envelope ID: ACA7F165-7B8F-409A-ABB3-6EE65F0DC48E reasonable time. Any obligation that accrued prior to termination of this Agreement will survive termination of this Agreement.
31. EXHIBITS
The following exhibits are incorporated by reference into this Agreement as though fully set forth herein.
Exhibit 1 License Area
Exhibit 2 Scope of Improvements
Exhibit 3 Insurance Requirements
In witness whereof, the parties have caused this Agreement to be executed the day and year first above written.
ATTEST:
______________________________
DENISE ANDERSON-WARREN
APPROVED AS TO FORM:
______________________________
LANE DILG
CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________
RICK COLE
#VENDOR
By: _______________________________
DocuSign Envelope ID: ACA7F165-7B8F-409A-ABB3-6EE65F0DC48E 11/3/2020
Interim City Attorney
George Cardona
President
Luke S Kardashian
11/3/2020
Southern California Disposal Co., Inc.
Interim City Manager
Lane Dilg
11/5/2020
City Clerk
Denise Anderson-Warren
11/10/2020
EXHIBIT 1
LICENSE AREA
DocuSign Envelope ID: ACA7F165-7B8F-409A-ABB3-6EE65F0DC48E EXHIBIT 2
SCOPE OF IMPROVEMENTS
SCD will complete the following site improvements, at its own cost, during the term of this license agreement:
• Remove all existing structures within the license area outlined in Exhibit 1 • Remove the "Nursery" building on the south edge of the City property • Remove the "Lean-To" structure at the southwest corner of the outlined area • Remove the fence separating and adjacent to the SCD property • Minimal grading
All site improvements shall be subject to the approval of the City.
DocuSign Envelope ID: ACA7F165-7B8F-409A-ABB3-6EE65F0DC48E EXHIBIT 3
INSURANCE REQUIREMENTS
Licensee shall ensure that Sublicensee(s) procures and maintains limits of insurance of the types and in the amounts described below:
Licensee shall ensure that Sublicensee(s) procures and maintains limits of insurance of the types and in the amounts described below:
Minimum Scope and Limits of Insurance
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering GCL on an “occurrence” basis, including products-completed operations and personal & advertising injury, with limits of no less than $3,000,000 per occurrence.
2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), or if the Licensee has no owned autos, Code 8 (hired) and Code 9 (non-owned), with limits of no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation and Employer’s Liability Insurance: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease.
If the Sublicensee(s) maintains higher limits than the minimums shown above, the City of Santa Monica requires and shall be entitled to coverage for the higher limits maintained by the Sublicensee(s).
Other Insurance Provisions
1. The insurance policies are to contain, or be endorsed to contain, the following provisions:
a. Additional Insured Status (CGL policy): The City of Santa Monica, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Sublicensee(s) including materials, parts or equipment furnished in connection with such work or operations. The additional insured status can be provided in the form of an endorsement at least as broad DocuSign Envelope ID: ACA7F165-7B8F-409A-ABB3-6EE65F0DC48E as Insurance Services Office Form CG 20 10 11 85 or both CG 20 10 and CG 20 37.
b. Primary Coverage (all policies): For any claims related to this contract, the Sublicensee(s)’s insurance shall be primary as respects the City of Santa Monica, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Santa Monica, its officers, officials, employees or volunteers shall be in excess of the Licensee or Sublicensee(s)’s insurance and shall not contribute with it.
c. Notice of Cancellation (all policies): Each insurance policy required herein shall state that coverage shall not be cancelled, except after 30 days prior written notice (10 days for non-payment) has been given to the City of Santa Monica. d. Waiver of Subrogation (all policies): Sublicensee(s) hereby grants to the City of Santa Monica a waiver of any right of subrogation which any insurer of said Sublicensee(s) may acquire against the City of Santa Monica by virtue of payment of any loss. Sublicensee(s) agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City of Santa Monica has received a waiver of subrogation endorsement from the insurer.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Santa Monica for all work performed by the Sublicensee(s), his employees, agents, and subcontractors.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City of Santa Monica. The City of Santa Monica may require the Licensee or Sublicensee(s) to reduce or eliminate the deductible or retention applicable to the contracted work or provide satisfactory proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers with a current a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to the City of Santa Monica.
Verification of Coverage
Sublicensee(s) shall furnish the City of Santa Monica with original certificates and DocuSign Envelope ID: ACA7F165-7B8F-409A-ABB3-6EE65F0DC48E amendatory endorsements or copies of the applicable policy language providing the insurance coverage required herein. All certificates and endorsements are to be received and approved by the City of Santa Monica before work commences. However, failure to obtain required documents prior to the work beginning shall not waive the Sublicensee(s)’s obligation to provide them. The City of Santa Monica reserves the right to require complete, certified copies of all required insurance policies, including the endorsements required herein, at any time.
DocuSign Envelope ID: ACA7F165-7B8F-409A-ABB3-6EE65F0DC48E