R 2931
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RESOLUTION NO. ~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE AUTHORIZING THE EXECUTION
OF AN AGREEMENT WITH RALCCO TO PROVIDE A
CITYWIDE CURBSIDE RECYCLING COLLECTION SERVICE
WHEREAS, on March 24, 1992, the city Council of the City of
Arroyo Grande awarded the contract for providing residential and
commercial curbside recycling collection services to Ralcco, Inc.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Arroyo Grande does hereby approve the following: --
1. The Mayor, or in the Mayor's absence, the City Manager, is
hereby authorized to execute an agreement with Ralcco to provide a
citywide curbside recycling collection service beginning July 1,
1992, and all other agreements or documents required to effectuate
the terms of the agreement.
2. The City Manager is hereby authorized to make minor corrections
or modifications of a mathematical or clerical nature.
3. The Finance Director is hereby authorized to appropriate funds,
if necessary; release and expend funds, and issue warrants to
comply with the terms of said agreement.
On motion of council Member Smi th , seconded by
Council Member Dougall , and on the following roll call
vote, to wit:
AYES: Council Members Smith, Dougall, Moots, Gallagher and Mayor Millj
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 26th day of
May, 1992.
~~M~
_ . MILLIS " MAYOR
ATTEST: ~ a. ~
NANCY A. VIS, CITY CLERK
APPROVED AS TO FORM:
EY
I, NANCY A. DAVIS, city Clerk of the City of Arroyo Grande,
County of San Luis obispo, State of California do hereby certify
under penalty of perjury that the foregoing Resolution No. ~ is
a true, full and correct copy of said Resolution passed and adopted
at a regular meeting of said Council on the 26th day of May, ,
1992.
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WITNESS my hand and the Seal of the City of Arroyo Grande
affixed this 10th day of June , 1992.
~a.~
: NANCY Ii.. VIS, CITY CLERK
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AGREEMENT
CURBSIDE COLLECTION RECYCLING PROGRAM
This agreement is made upon the date of execution, as set
forth below, by, and between RALCCO, a Contracting Firm,
(hereinafter referred to as "Contractor"), and the City of Arroyo
Grande California, a Municipal Corporation, (hereinafter referred
to as "city").
This agreement supersedes that certain agreement effective
August 13, 1990.
RECITALS
WHEREAS, City is required to comply with various solid waste
legislation aimed at reducing the amount of the city's waste
stream; and
WHEREAS, City has determined it is in the public interest to
proceed with the work hereinafter described as "Project"; and
WHEREAS, City has determined the Project involves performance
of services of a temporary nature; and
WHEREAS, City does not have available employees to perform the
services for the Project; and
WHEREAS, City has requested Contractor to perform services for
Project; and
WHEREAS, Contractor is a California Division of Recycling
certified Processor for aluminum, glass and plastic and Contractor
has met the requirements of obtaining City business license; and
WHEREAS, Contractor's services are intended to assist the City
in meeting the state requirements for waste reduction and recycling
as mandated by the integrated waste management act of 1989 (AB
939);
THEREFORE, the parties hereto, in consideration hereof of the
mutual covenants contained herein, hereby agree to the following
terms and conditions:
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1.00 GENERAL PROVISIONS
1.01 GRANT OF FRANCHISE: TERM: AND ACCEPTANCE
A. CITY does hereby give and grant to the said
CONTRACTOR the exclusive right and franchise to provide a recycling
program in the CITY OF ARROYO GRANDE for the period of three (3)
years, commencing July 1, 1992, and terminating June 30, 1995.
B. CONTRACTOR hereby accepts the franchise and agrees
to provide a Citywide Curbside Recycling Program at the rates
hereinafter provided, in accordance with this Agreement and all
applicable laws, rules, and regulations of any governmental agency,
including CITY.
1.02 FRANCHISE PAYMENTS: DELINOUENCY: GUARANTEE: COLLECTION OF
ACCOUNTS
A. In consideration for the exclusive grant of
franchise herein, CONTRACTOR agrees to pay to CITY the sum of five
percent (5%) of annual curbside recycling collection revenues
within the CITY, payable monthly on or before the last business day
of the following month, during the term of this Agreement.
Curbside recycling collection revenues shall be calculated on an
accrual basis, with an allowance for a two percent (2%) bad debt
reduction on commercial accounts and those accounts collected
directly by CONTRACTOR. Gross revenues shall be calculated on a
cash basis for all residential accounts collected by CITY. Payment
shall be made to CITY at City Hall, P. o. Box 550, Arroyo Grande,
CA 93421.
B. Payments made more than thirty (30) days after the
date due shall be delinquent. CONTRACTOR or CITY shall pay a late
charge of five percent (5%) per month, or any part thereof on the
amount delinquent, to cover added administrative expenses on the
part of CITY or CONTRACTOR by reason of such delinquency. The
parties agree that such sum represents a fair estimate of such
added expenses.
C. CITY agrees to bill CONTRACTOR's residential
customers on said CITY's water billing when CITY water customers
are identical to CONTRACTOR's customers, and CONTRACTOR requests
CITY to do so in writing. CITY shall deduct postage, handling and
service costs from all customer collection received by CITY on
behalf of CONTRACTOR. CITY shall remit to CONTRACTOR all customer
collection, less the franchise fee of five percent (5%) of the
gross. On or before the last business day of the month following
the month of collection.
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D. CONTRACTOR shall be responsible for all billing not
done by CITY pursuant to Paragraph C hereinabove and shall make al~
collections for services rendered under this Franchise Agreement.
1.03 TIME FOR PERFORMANCE
Contractor shall commence residential curbside recycling
services as specified in other sections of this agreement no
later than June 1, 1992.
Contractor shall perform the work/services described in
Exhibit itA" in accordance with the following schedule:
A. Promotional/Educational campaign - Immediately following
Notice to Proceed, Contractor shall initiate the
Promotional/Education Campaign to be completed by July 1,
1992. The ongoing informational/educational program is
described in attachment "A", section H.
B. Collection Services - Curbside Recycling Collection
Services shall begin July 1, 1992 for all current
accounts receiving garbage collection services within the
incorporated city limits. MUlti-living/commercial
Collection shall begin no later than July 1, 1992.
C. Used Motor oil Collection - Collection shall begin when
all permitting and operational requirements have been met
and no later than December 30, 1992.
D. Proqram for Greenwaste - A greenwaste program for the
collection of residential yard wastes shall be proposed
no later than December 30, 1992. (The establishment of
an ongoing greenwaste program shall be covered under an
addendum to this contract.)
Contractor and City agree that the schedule as contained in
the above paragraph represents their best estimates with
respect to completion dates and both Contractor and City
acknowledge that minor departures from the schedule may occur.
Both Contractor and City shall use their best efforts to give
reasonable notice to one another of changes to the schedule.
Contractor shall not be responsible for performance delays
beyond the Contractor's control, and such delays shall extend
the times for performance of the work by the Contractor.
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1.04 SERVICES TO BE PERFORMED BY CONTRACTOR
Contractor agrees to perform or provide the services specified
in "CONTRACTOR - SERVICES TO BE PROVIDED" attached hereto as
"Exhibit A" hereby incorporated herein and subject to the
approval by the City.
Contractor shall determine the method, details and means of
performing the above-referenced services.
Contractor may, at Contractor's own expense, employ such
assistants as Contractor deems necessary to perform the
services required of Contractor by this agreement. City may
not control, direct or supervise Contractor's assistants or
employees in the performance of those services.
1.05 TERMS OF THE AGREEMENT
Subject to the termination provisions set forth in section
4.03, the Contractor shall have the exclusive right to
residential curbside collection of recyclable materials as set
forth herein for a period of three (J) years beginning July 1,
1992, subject to review periods on an annual basis. No later
than sixty (60) days prior to the annual review period, the
City and the Contractor shall review the operations,
procedures, and terms of said agreement with respect to
renegotiation.
1.06 PAYMENT TERMS
City agrees to pay Contractor in accordance with the payment
terms set forth in Exhibit "B" which is incorporated by this
reference.
2.00 OBLIGATIONS OF CONTRACTOR
2.01. MINIMUM AMOUNT OF SERVICE BY CONTRACTOR
Contractor agrees to devote the hours necessary to perform the
services set forth in this agreement in an efficient and
effective manner. Contractor may represent, perform services
for and be employed by additional individuals or entities, in
Contractor's sole discretion, as long as the performance of
these extra-contractual services does not interfere with or
present a conflict with City's business.
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2.02 TOOLS AND INSTRUMENTALITIES
Contractor shall provide all tools and instrumentalities to
perform the services under this agreement except those listed
in "CITY - SERVICES TO BE PROVIDED" attached hereto as
"Exhibit "C" and hereby incorporated herein.
2.03 WORKERS' COMPENSATION AND OTHER EMPLOYEE BENEFITS
City and Contractor intend and agree that Contractor is an
independent contractor and agree that Contractor's employees
and agents have no right to workers' compensation and other
employee benef its. If ani worker insurance protection is
desired, Contractor agrees to provide worker's compensation
and other employee benefits, where required by law, for
contractor's employees and agents. contractor agrees to hold
harmless and indemnify City for any and all claims arising out
of any claim for injury, disability, or death of any of
Contractor and Contractor's employees or agents.
2.04 INDEMNIFICATION
Contractor hereby agrees to, and shall, hold City, its
elective and appointive boards, officers, agents and
employees, harmless from any liability for damage or claims
for damage, or suits or actions at law or inequity which may
be alleged to arise from Contractor's or any of Contractor's
employees or agents' negligent actions or failures to act
under this agreement, whether actions or failures to act are
the result of passive or active negligence or may give rise to
legal responsibility any other legal theory (including, but
not limited to, strict liability), provided as follows:
A. That the City does not, and shall not, waive any rights
against Contractor which it may have by reason of the
aforesaid hold-harmless agreement, because of the
acceptance by City, or the deposit with City by
Contractor, of any of the insurance policies hereinafter
described.
B. That the aforesaid hold-harmless agreement by Contractor
shall apply to all damages and claims for damages of
every kind suffered, or alleged to have been suffered, by
reason of any of the aforesaid operations of Contractor
or any agent or employee of Contractor regardless of
whether or not such insurance policies shall have been
determined to be applicable to any of such damages or
claims for damages.
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2.05 INSURANCE REOUIREMENTS
The contractor shall procure and maintain for the duration of
the contract insurance against claims for injuries to persons
or damages to property which may arise from or in connection
with the performance of the work hereunder by the Contractor,
his agents, representatives, employees or subcontractors. The
cost of such insurance shall be included in the Contractor's
proposal.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office form number GL 0404
covering Broad form Comprehensive General
Liability; or Insurance Services Office Commercial
General Liability coverage (occurrence form GC
0001) .
2. Insurance Services Office form number CA 0001 (Ed.
1/78) covering Automobile Liability, Code 1 any
auto and endorsement CA 0025.
3. Workers' Compensation insurance as required by the
State of California and Employer's Liability
Insurance.
B. Minimum Limits of Insurance
Contractor shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for
bodily injury, personal injury and property damage.
If Commercial General Liability Insurance or other
form with a general aggregate limit is used, either
the general aggregate limit shall apply separately
to this program or the general aggregate limit
shall be twice the occurrence limit.
2. Automobile Liability: $1,000,000 per accident for
bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for
bodily injury or disease.
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C. Deductible and Self-Insured Retentions
Any deductibles or Self-insured retentions must be declared to
and approved by the city. At the option of the City, either:
the insurer shall reduce or eliminate such deductibles or
self-insured retentions as respects the City, its officers,
officials, employees and volunteers; or the contractor shall
procure a bond guaranteeing payment of losses and related
investigations, claims administration and defense expenses.
D. Other Insurance provisions
The general liability and automobile liability policies are to
contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees and
volunteers are to be covered as insureds as respects:
liability arising out of activities performed by or on
behalf of the Contractor and completed operations of the
Contractor, premises owned, occupied or used by the
Contractor, or automobiles owned, leased, hired or
borrowed by the Contractor. The coverage shall maintain
no special limitations on the scope of protection
afforded to the City, its officers, officials, employees
or volunteers.
2. For any claims related to this program, the Contractor's
insurance coverage shall be primary insurance as respects
the City, its officers, officials, employees and
volunteers. Any insurance or self-insurance maintained
by the city, its officers, officials, employees or
volunteers shall be in excess of the Contractor's
insurance and shall not contribute with it.
3. Any failure to comply with reporting or other provisions
of the policies including breaches of warranties shall
not affect coverage provided to the City, its officers,
officials, employees or volunteers.
4. The Contractor's insurance shall apply separately to each
insured against whom a claim is made or suit is brought,
except with respect to the limits of the insurer's
liability.
5. Each insurance policy required by this clause shall be
endorsed to state that coverage shall not be suspended,
voided, canceled by either party, reduced in coverage or
in limits except after thirty (30) days' prior written
notice by certified mail, return receipt requested, has
been given to the City.
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E. Acceptability of Insurers
Insurance is to be placed with insurers with a current A~M.
Best's rating of no less than A:VII.
F. Verification of Coverage
Contractor shall furnish the city with original endorsements
effecting coverage required by this clause. The endorsement
for each insurance policy is to be signed by a person
authorized by that insurer to bind coverage on its behalf.
All endorsements are to be received and approved before work
commences. The Contractor's insurer shall provide complete,
certified copies of all required insurance policies, including
endorsements effecting the coverage required by these
provisions.
G. Subcontractors
Contractor shall include all subcontractors as insureds under
its policies or shall furnish separate certificates and
endorsements for each subcontractor. All coverage for
subcontractors shall be subject to all of the requirements as
stated herein.
3.00 OBLIGATIONS OF CITY
3.01 COOPERATION
City agrees to comply with all reasonable requests of
Contractor necessary to the performance of Contractor's duties
under this agreement, specificallY including those duties
listed in Exhibit "C", hereby incorporated.
4.00 TERMINATION OF AGREEMENT
4.01 TERMINATION ON NOTICE
Notwithstanding any other provision of this agreement, any
party hereto may terminate this agreement, at any time,
without cause by giving at least 90 days prior written notice
to the other parties to this agreement.
4.02 TERMINATION ON OCCURRENCE OF STATED EVENTS
This agreement shall terminate automatically on the occurrence
of any of the following events:
1. Bankruptcy or insolvency of any party;
2. Sale of the business of any party;
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3. Death of any party;
4. The end of the ninety (90) days as set forth in
Section 4.01;
5. Assignment of this agreement by Contractor without
the consent of the City.
6. Expiration of the term of this agreement as set
forth in section 1.03.
4.03 TERMINATION BY ANY PARTY FOR DEFAULT OF CONTRACTOR
Should any party default in the performance of this agreement or
materially breach of any of its provisions, a non-breaching party,
at their option, may terminate this agreement, immediately, by
giving written notice of termination to the breaching party.
4.04 TERMINATION
This Agreement shall terminate as specified in section 4.02 unless
extended as set forth in this section. Otherwise, the City, with
the agreement of Contractor, is authorized to extend the term of
this three year Agreement beyond the termination date, as needed,
under the same terms and conditions set forth in this Agreement.
any such extension shall be in writing and be an amendment to this
Agreement.
5.00 SPECIAL PROVISIONS
5.01 AFFIRMATIVE ACTION
During the performance of this agreement, Contractor shall not
discriminate against any employee or applicant because of
race, religion, creed, color, national origin, sex or age.
Contractor shall take affirmative action to ensure that
applicants employed, are treated during employment, without
regard to their race, religion, creed, color, national origin,
sex or age.
5.02 EXCLUSIVITY
All reports and other documents prepared by the Contractor
pursuant to this agreement shall be the property of the City;
City is entitled to full and unrestricted use of such reports
and other documents prepared by the Contractor pursuant to
this agreement; such reports, and other documents prepared by
the Contractor pursuant to this agreement shall be used
exclusively on this project and shall not be used on any other
work.
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5.03 RECORDS
The Contractor shall maintain adequate records to permit
inspection and audit of Contractor's charges under this
agreement. contractor shall make such records available to
City. Nothing herein shall convert such records into public
records and they shall be available only to the city. Such
records shall be maintained by Contractor for three years
completion of the work under this agreement. New and
unforeseen work shall be classed as extra work when determined
by the city Manager for the City of Arroyo Grande that such
work is not covered by the terms of this agreement. Agreed
upon work shall be paid for on a time and material basis.
5.04 CONFIDENTIALITY
city and Contractor agree that until final approval by City,
all data, reports and other documents are confidential and
shall not be released to third parties without the prior
written consent of both parties.
6.00 MISCELLANEOUS
6.01 REMEDIES
The remedies set forth in this agreement shall not be
exclusive but shall be cumulative with, and in addition to,
all remedies now or hereafter allowed by law or equity.
6.02 NO WAIVER
The waiver of any breach by any party of any provision of this
agreement shall not constitute a continuing waiver or a waiver
of any subsequent breach of this agreement.
6.03 ASSIGNMENT
This agreement is specifically not assignable by Contractor to
any person or entity. Any assignment or attempt to assign by
Contractor, whether it be voluntary or involuntary, by
operation of law or otherwise, is void and is a material
breach of this agreement giving rise to a right to terminate
as set forth in section 4.03.
6.04 ATTORNEY FEES
In the event of any controversy, claim or dispute between the
parties hereto, arising out of or relating to this agreement,
or the breach thereof, the prevailing party shall be entitled,
in addition to other such relief as may be granted, to a
reasonable sum as and for attorney fees.
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6.05 TIME FOR PERFORMANCE
Time is expressly declared to be of the essence of this
agreement. Except as otherwise expressly provided for in this
agreement, should the performance of any act required by this
agreement to be performed by either party be prevented or
delayed by reason by any act of God, strike, lockout, labor
trouble, inability to secure materials, or any other cause
except financial inability not the fault of the party required
to perform the act, the time for performance of the act will
be extended for a period of time equivalent to the period of
delay and performance of the act during the period of delay
will be excused; provided, however, that noting contained in
this section shall exclude the prompt payment by either party
as required by this agreement or the performance of any act
rendered difficult or impossible solely because of the
financial condition of the party required to perform the act.
6.06 NOTICES
Except as otherwise expressly provided by law, any and all
notices or other communications required or permitted by the
agreement or by law to be served on or given to any party to
this agreement shall be in writing and shall be deemed duly
served and given when personally delivered or in lieu of such
personal service when deposited in the United States mail,
first-class postage prepaid to the following address for each
respective party:
PARTY ADDRESS
A. Evangelos Aslanidis P.O. Drawer 1170
RALCCO Nipomo, CA 93444
B. City Manager P.O. Box 550
City of Arroyo Grande Arroyo Grande, CA 93421
6.07 GOVERNING LAW
This agreement and all matters relating to this agreement
shall be governed by the laws of the State of California in
force at the time any decision or holding concerning this
agreement arises.
6.08 BINDING EFFECT
This agreement shall be binding on and shall inure to the
benefit of the heirs, executors, administrators, successors
and assigns of the parties hereto, but noting in this section
shall be construed as a consent by City to any assignment of
this agreement or any interest in this agreement.
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6.09 SEVERABILITY
This agreement constitutes the sole and entire agreement
between the parties with respect to the subject matter hereof.
This agreement correctly sets forth the obligations of the
parties hereto to each other as of the date of this agreement.
All agreements or representations respecting the subject
matter of this agreement not expressly set forth or referred
to in this agreement are null and void.
6.10 DUE AUTHORITY
The parties hereby represent that the individuals executing
this agreement are expressly authorized to do so on and in
behalf of the parties.
6.11 CONSTRUCTION
The parties agree that each party and counsel have reviewed
this agreement and that any rule of construction to the effect
that ambiguities are to be resolved against the drafting party
shall not apply in the interpretation of this Agreement or any
amendments or exhibits thereto.
The captions of the sections are for convenience and reference
only, and reference only, and are not intended to be construed
to define or limit the provisions to which they relate.
6.12 AMENDMENTS
Amendments to this agreement shall be made only with the
mutual written consent of all of the parties to this
agreement. ~
Executed on June 18 , 1992, at the City of Arroyo
Grande.
~:z (i7t~ 4~~JL~~
"CI I
Mark M. Millis, Mayor Evangelos Aslanidis
City of Arroyo Grande President and Owner
RALCCO
ATTEST: APPROVED AS TO FORM:
~a.~ C
NancyDav. ,c~ty Clerk Jud
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EXHIBIT nAn
CONTRACTOR - SERVICES TO BE PROVIDED
The operation of residential curbside collection shall be in
accordance with the following outline:
A. TARGETED MATERIALS TO BE COLLECTED BY CONTRACTOR
The following list of materials shall be collected by the
Contractor unless otherwise authorized by the City.
- Aluminum Cans
- Bi-Metal Beverage Cans
- Glass Beverage Cans
and other Jars and Bottles
- PET Plastic Beverage containers
- Newspapers
_ Aluminum Foil, Pet Food Cans, T.V. Dinner Trays, pie Plates
and other Food containers
- HDPE Plastic Milk Jugs, Water Jugs and other Non-Food
Containers
_ Textiles consisting of non-usable clothing and rags
- Kraft Paper Grocery Bags
- Cardboard, Office Paper, and Computer Printout Paper
(Commercial Accounts, Schools, Churches, and Government
Agencies)
_ Used Motor oil (Collection to begin when all permitting and
operational requirements have been met and not within six
months of the contract.)
- Greenwaste (program for one month, six months after
contract award. Service expansion after evaluation of
results.)
_ Any and all other materials mutually agreed upon by city and
Contractor.
B. COLLECTION CONTAINERS
All single family residences may be required to use designated
curbside collection containers to be provided free of charge
by Contractor. Only residents who specifically request
containers shall rece i ve them. customers shall receive as
many containers as they require for curbside services. In the
event any containers are damaged, they shall be recycled as
they are constructed of HDPE plastic, for which Contractor has
developed recycling markets. Stolen or damaged containers
shall be replaced at no charge to residents or the City. The
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five gallon containers shall have a highly visible label that
provides contractor's name and phone number, a space for the
resident's address as well as a large recycling logo for easy
identification. A separate designated container for used
motor oil shall be provided to residents upon request.
Residents shall only use the containers provided by the
contractor unless approved by the City.
C. CONTAINER DELIVERY
container delivery shall be accomplished in the following
manner:
1. After an extensive initial promotional campaign,
customers shall phone in requests for containers. (See
Section "H")
2 . The customer's name, address, phone number, garbage
service day, and the number of containers requested shall
be entered into a computer data base and shall be
available to the city.
3. Residents who call in before the initial service start
date shall receive their containers one week prior to
that date. After initiation of the program, drivers
shall be issued a "new service" list daily. Containers
shall be delivered within one week of the customer's
phone order and service shall commence on the customer's
next garbage/recycling day. Recycling instructions and
educational information shall be received with delivery
of containers and the participant's curb shall be
identified with a spray painted stencil of the word
"Recycle" and a caricature of "Curby", the Contractor's
recycling raccoon mascot.
D. COLLECTION
Collection shall take place once a week on each resident's
garbage collection day. The Contractor shall establish
records of driving route directions on a computer disk for the
training of drivers or in case of an emergency driver
replacement. All materials shall be collected, co-mingled,
with no customer sorting required. customers shall be
required to have their containers set out by 6:30 a.m. on
their trash day. Newspapers shall be required to be string
tied or stacked flat in a paper grocery bag. Collectors shall
be trained to place empty containers upside down to prevent
wind from rolling or moving them to other locations.
EXHIBIT "A"
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A red bucket shall be issued to all handicapped residents and
their "Curby' stencil shall be painted in red. All
handicapped participants shall receive front door pickup
service.
E. BROKERAGE AND MARKETING OF COLLECTED MATERIALS
Contractor shall assume the responsibility to broker and
market all recyclable materials collected through the program.
It shall be the prerogative of the City to direct the flow of
the materials collected by the Contractor at any and all
times. Contractor has the required infrastructure at its
Nipomo Mesa facility to provide the City of Arroyo Grande with
the collection, hauling, sorting, processing and marketing of
solid waste materials.
F. SERVICE AREA
Contractor shall agree to service all accounts within the
incorporated city limits currently receiving refuse collection
by private hauler. Service collection shall begin
concurrently to sll areas of the City. The city Finance
Department shall identify the service area as that area for
which refuse collection services are provided by private
hauler.
G. MULTI-LIVING/COMMERCIAL UNITS
Contractor shall agree to service all multi-family housing
units and commercial businesses. Contractor shall solicit
multi-units and commercial establishments for appointments to
review their service needs. Contractor shall provide, at no
cost to the commercial/industrial businesses and City, waste
"audits" to determine if they can reduce a significant
percentage of waste by recycling. Collection of multi-living
unit and commercial businesses shall begin no later than July
1,1992.
H. ONGOING PUBLIC OUTREACH AND EDUCATION
All materials associated with Public outreach and education
may include the city logo of which an example shall be
provided by the city. Contractor's promotional and
educational program shall contain the following, and shall be
subject to approval by the City:
EXHIBIT "A"
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1. An initial direct mail brochure shall be sent to all
residents and businesses three weeks prior to the program
start date. This mailer shall contain the reasons for
recycling, an explanation of the assessed fee, local
landfill alternatives and instructions on how to
_ participate in the curbside program.
2. Contact of the local print and broadcast medias to obtain
mass coverage of the commencement of the curbside program
shall begin at least one month prior to the actual
starting date. (Information shall include AB 939
education, behind the scenes program preparation,
recycling and waste reduction facts, and local business
and Chamber of Commerce involvement.)
3. Ongoing purchasing of media advertising shall begin one
week prior to the initial program start date.
4. A quarterly newsletter, "The Curbside Communicator" shall
be distributed to all participating residents. other
educational pieces shall include how to identify new
materials that are recyclable and materials that shall
not be accepted at this time. All educational
information shall be delivered via curbside containers.
5. Press releases shall be written and distributed to the
local newspapers.
6. Contractor shall perform ongoing public speaking
engagements and presentations for businesses, service
groups, schools, churches and other interested
organizations.
7. Vehicles shall be available for participation in local
parades and community festivals where a waste reduction
display and information are provided.
8. Contractor shall provide ongoing educational programs
involving business co-sponsorships which shall provide
customers with information on recycling and waste
reduction.
EXHIBIT "A"
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9. Contractor shall also provide the following educational
materials as part of Contractor's ongoing promotional and
educational campaign pertaining to recycling:
- Children's coloring books
- Recycling posters
- Stickers
- Pencils and note pads
- Buttons/Balloons
- Kitchen Magnets
- Key chains/bottle openers
- Literature
- Video presentations
- Display panels
10. Contractor shall also publish annually other recycling
alternative listings for businesses free of charge to
help divert waste from entering landfills. Contractor
shall act as a referral service for customers who need to
locate their nearest recycling center or disposal
alternative.
11. Contractor shall distribute a survey to all non-
participating residents to encourage participation after
the sixth month starting date.
12. Contractor shall provide participating merchants with a
"Curby" award window sticker for their participation.
13. It shall continue to be Contractor's policy to
continually create new avenues for education.
14. Promotion program will be a joint effort between Arroyo
Grande and pismo Beach. Contractor will assign not less
than $40,000 for this effort. Contractor may involve
other cities to reduce promotional costs.
I. PROGRAM REPORTS
Contractor shall be required to submit to the City program
reports necessary to comply with any and all current and
future requirements. Additionally, for the first year of
operations, the contractor shall be required to provide a
monthly report of activities to the City Manager. Thereafter,
this same report shall be submitted every quarter (every three
months). At the conclusion of each year of operation, the
contractor shall submit a comprehensive year end report to the
City Manager.
EXHIBIT nAn
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, ..
At a minimum, each and every report shall summarize (1)
weight, by material, of all material recovered and material
sold, (2) all program costs and revenues and (3) proqram
participation rates. All reports shall be in accordance with
the participating aqencies and in compliance with the County
wide Integrated Waste Management Plan and AB 939.
J. VEHICLES AND EMPLOYEES
Contractor shall operate multi-compartment collection vehicles
on all residential routes. Vehicles shall be staffed by two
employees, driver and collector. Vehicle shall be maintained
in a clean and serviceable condition durinq all collections.
contractor shall also provide back-up collection vehicles and
pick up trucks to handle special service needs. The graphics
on the collection vehicles shall be eye-catchinq to stimulate
a positive response from the community toward recycling
subject to City approval.
K. ADDITIONAL SUPPORT SERVICES
All collection vehicles shall be equipped with two-way radios
to service customer complaints, missed containers or special
calls. Any and all spills shall be the responsibility of the
Contractor to clean. Brooms and dust pans shall be aboard all
vehicles to clean up spills or breakage. Fire extinguishers,
flash lights and first aid kits shall also be available to
handle complaints or missed containers. A twenty-four hour
answering service shall be provided by th~ Contractor for
optimal customer service. All promotional and educational
material shall designate the Contractor as the point of
contact the purposes of complaint.
L. USED MOTOR OIL
Upon collection of used motor oil, Contractor shall transport
said used motor oil to an appropriate disposal site approved
by the city.
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. .
EXHIBIT "A"
EXHIBIT "B"
I. Fees to be paid to Contractor
A. The monthly collection fee shall be fifty (.50) cents per
residential refuse account.
The number of residential accounts shall be determined by
the City Finance Department and shall include the number
of residential accounts within the City which are
presently collected by the private hauler within the City
limits.
The number of accounts upon which the Contractor's
monthly collection fee shall be based shall be determined
by the City Finance Department as of June 30, 1992, for
the first year of the agreement. The number of accounts
shall remain constant until June 30, 1993 when the annual
review shall be conducted. The number of accounts and
corresponding monthly fees for succeeding years shall be
determined by the City Finance Department based upon the
number of residential refuse accounts on June 30, 1994
and June 30, 1995.
B. The monthly collection fee for multi-unit dwellings and
commercial businesses shall be 4.6% of the monthly charge
billed by South county Sanitary Services for refuse
service.
II. Invoice Procedure.
A. Payment of collection fees shall be made once per month
based on the billable charges as described in A & B
above.
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. . ..
EXHIBIT "B"
EXHIBIT "c..
CITY - SERVICES TO BE PROVIDED
1. Approval of the initial direct mail brochure sent to all
residences with instructions on how to participate in the
curbside program and encouraging participation in the program,
as well as any ongoing educational materials. Also permission
to use the city logo on any promotional material.
2. Use of the City's municipal bulk rate mailing permit number,
for initial City/Contractor direct mail piece. contractor,
however, shall pay the cost involved.
3. Use of city maps containing street names and index.
4. Routing plans will be developed in order to coordinate with
refuse collection trucks.
5. Review and comment on contractor's plan of collection.
6. Administration of contract.
7. Receive and review all reports required by current and future
solid waste legislation as well as all information,
calculations, and proposals.
8. Process payments as submitted by the contractor and approved
by the Contract Administrator.
9. Monitor and direct the flow, at City's option, of all
materials collected by the contractor.
EXHIBIT "c"
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