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R 2931 ; . . 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. ~ 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 , \ ---.----- , -' , p'-- 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: 1 ';/~; '/ .,..;;:./-. \ ~..-----~.- . " 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. 2 . , . 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. 3 , . 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. 4 -----_.~~._._--,.~_...._-- '. 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. 5 .-"----.-.-'----. - '. 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. 6 '. 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. 7 " 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; 8 '. 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. 9 " 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. 10 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. 11 . 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 12 ---~--------~- , . 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 13 . : 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" 14 > . 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" 15 , . 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" 16 ) . 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 17 , .. 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. 18 . . 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. 19 - .~_._---_._--- . . .. 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" 20