RPVCCA_CC_SR_2015_06_30_C_Assignment_Of_UWS_Agmt_To_EDCO_Disposal_CorpCITYOF
MEMORANDUM
PALOS VERDES
TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS
FROM: MICHAEL THRONE, P.E., DIRECTOR OF PUBLIC WORKS
DATE: JUNE 30, 2015
SUBJECT: APPROVE THE ASSIGNMENT OF UNIVERSAL WASTE
SYSTEMS, INC.'S CONTRACT TO EDCO DISPOSAL
CORPORATION; APPROVE AMENDMENT #1 TO EDCO
DISPOSAL CORPORATION'S CONTRACT (Supports 2014
City Council Goal of Government Efficiency, Fiscal Control and
Transparency)
REVIEWED BY: DOUG WILLMORE, CITY MANAGER(ff)fc11'' p'" 1
Project Manager: Lauren Ramezani, Senior Administrative Analyst #__
RECOMMENDATIONS
1. Approve Amendment #1 to EDCO Disposal Corporation's (EDCO) contract.
2. Approve the assignment of Universal Waste Systems, Inc.'s (UWS) residential
solid waste contract (Service Area 2) to EDCO, including waiving the applicable
transfer fees.
3. Authorize the Mayor and City Clerk to sign Amendment #1 to EDCO Disposal
Corporation's (EDCO) contract, which includes the assignment of Universal Waste
Systems, Inc.'s contract.
BACKGROUND
The City has exclusive single-family and multi -family residential solid waste and recycling
agreements with EDCO Disposal Corporation (EDCO) for 95% of the City (Service Area
1) and Universal Waste Systems, Inc. (UWS) for the remaining 5% of the City (Service
Area 2). UWS' service area is concentrated in the City's coastal and landslide areas.
For the past several years, some residents, members of the City Council and the Solid
Waste Subcommittee periodically questioned the reason why the City had two residential
solid waste providers, and inquired about the possibility of consolidating the contracts.
During recent contract negotiation discussions with EDCO, staff received a letter from
UWS announcing that they had reached an agreement with EDCO for acquisition of UWS'
franchise agreement, effective July 1, 2015, pending: a) approval of the assignment of
1
UWS Contract Assignment/EDCO Contract Extension
June 30, 2015
Page 2 of 3
UWS' contract by the City Council, and b) the City Council's approval of EDCO's proposed
contract extension.
On June 16, 2015, the City Council approved the extension of EDCO's residential contract
until June 30, 2020, including seven additional automatic one year extension options
based on mutual consent of the City and EDCO. Furthermore, Council approved the
modification to the Collector and Environmental Fees allocation among General Fund and
Waste Reduction Funds. At the same meeting, staff also recommended approval of the
assignment of the UWS contract to EDCO. However, due to a lack of a quorum for the
UWS assignment issue (two Council members were absent, and Mayor Knight who was
present at the meeting recused himself due to residing in the UWS service area) the item
could not be acted upon. Pursuant to Council direction, staff is bringing this item back for
Council consideration and approval of the contract amendment, including the assignment.
If approved, the contract assignment would create one Citywide residential hauler. This
consolidation would improve efficiency, increase uniformity and customer service
throughout the City and make services, billing, outreach, State reporting and new program
implementation more efficient. It also would retain each area's unique and customized
services and rates. As for servicing the more challenging landslide area, EDCO has
experience in servicing hard to reach areas including providing backyard service in
narrow and steep driveways and streets in RPV. EDCO has hundreds of such "pup" truck
accounts throughout the City, especially the streets and homes off of PVDE. EDCO
operations staff and management have inspected the UWS route and do not see any un-
manageable service issues or difficulties.
Staff is recommending that the City Council waive the applicable transfer fees, because
those fees are not being incurred by the City as a result of this transfer, due to the fact
that EDCO is well known to the City.
PUBLIC OUTREACH: Staff has provided outreach to the UWS customers in early June
via a courtesy notification letter, a list server breaking news email, and a notice in PV
News. More outreach will be distributed upon approval of the assignment. Customers will
also be notified that there will be a rate freeze in FY 15-16; thus their rates and discounts
will remain the same and unchanged. If approved, the assignment would be effective
July 1, 2015, and the first day of service changeover would be on the route's first collection
day in July, which is Thursday, July 2, 2015.
ALTERNATIVE
The City Council may not approve this assignment. However, the consolidation of
services is beneficial to customers and the City, and it will be handled by EDCO, the City's
current service provider.
K
UWS Contract Assignment/EDCO Contract Extension
June 30, 2015
Page 3 of 3
As a result of the consolidation of the two contracts, the City's total Collector and
Environmental Fees would be approximately $541,800 and $136,840, respectively.
There will be no increase in the fees since current rates will not change and remain frozen
for FY 15-16.
Attachment: Amendment # 1 to EDCO's Contract (page 4)
Exhibit A (page 13)
Exhibit B (page 16)
Exhibit C (page 19)
Exhibit 8 (page 30)
3
r 1
AND EDCO DISPOSAL CORPORATION FOR RESIDENTIAL SOLID WASTE
MANAGEMENT SERVICES
THIS AMENDMENT TO EDCO AGREEMENT FOR INTEGRATED SOLID WASTE
MANAGEMENT SERVICES ("Amendment") dated as of , 2015, is made and
entered into by and between CITY OF RANCHO PALOS VERDES, a California municipal
corporation ("City"), and EDCO DISPOSAL CORPORATION, a California corporation
("Contractor"). Collectively, City and Contractor are referred to herein as the "Parties".
A. City and Contractor entered into that certain Agreement Between City of Rancho
Palos Verdes and EDCO Disposal Corporation for Residential Solid Waste Management
Services Service dated on or about November 24, 2009 ("EDCO Agreement"). All capitalized
terms not otherwise defined in this Amendment shall have the meanings specified in the EDCO
Agreement.
B. Pursuant to the EDCO Agreement, Contractor was granted the exclusive right and
privilege to provide Solid Waste and Recyclable Materials Handling Services at Residential
Premises within Service Area 1.
C. City and Universal Waste Systems, Inc., a California corporation ("UWS")
entered into that certain Agreement Between City of Rancho Palos Verdes and Universal Waste
Systems Inc. for Residential Solid Waste Management Services dated on or about May 5, 2009
("UWS Agreement"). Pursuant to the UWS Agreement, UWS was granted the exclusive right
and privilege to provide Solid Waste and Recyclable Materials Handling Services at Residential
Premises within Service Area 2.
D. Contractor and UWS have informed City that they have entered into an agreement
whereby Contractor would acquire all rights of UWS under the UWS Agreement, and have
requested that City approve the assignment of the UWS Agreement to Contractor.
E. Contractor has requested an extension of the term of the EDCO Agreement, and
the Parties have mutually agreed upon the conditions for such an extension.
F. As an inducement to City to extend the term of the EDCO Agreement and
approve the assignment of the UWS Agreement, Contractor has offered to freeze all rates in both
Service Area I and Service Area 2 until July 1, 2016,
G. Contractor and City desire to amend the EDCO Agreement to extend the term and
make other changes, approve the assignment of the UWS Agreement to Contractor, and
incorporate Service Area 2.
NOW, THEREFORE, in consideration of the mutual promises contained herein, and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, City and Contractor do hereby agree as follows:
R6876-0333\18421170.doc -1-
Cl
1. The foregoing Recitals are incorporated herein this reference.
2. This Amendment shall become effective upon the occurrence of the following
conditions precedent:
(a) Approval of this Amendment by the City Council of the City of Rancho
Palos Verdes;
(b) Receipt by City of evidence reasonably satisfactory to the City Attorney
that UWS has assigned its rights and obligations under the UWS
Agreement to Contractor, and that Contractor has assumed those rights
and obligations; and
(c) Receipt by City of evidence reasonably satisfactory to the City Manager
that the insurance and performance security provided by EDCO pursuant
to Sections 9.4, 9.5, and 9.6 of the EDCO Agreement are current, and
apply to both Service Area 1 and Service Area 2.
City hereby approves the assignment of the UWS Agreement to Contractor,
subject to the terms and conditions of this Amendment. The transfer fee and cost
reimbursement required by Section 12.5 of the UWS Agreement are hereby
waived.
4. The UWS Agreement is hereby terminated, and is of no further force or effect.
The EDCO Agreement is hereby amended to include Service Area 2. All
references to "Service Area 1" in the EDCO Agreement are hereby revised to read
"Service Area 1 and Service Area 2".
5. A map depicting Service Area 2 is attached hereto, and is hereby added to the
EDCO Agreement as Exhibit 8.
Contractor shall commence Solid Waste and Recyclable Materials Handling
Services in Service Area 2 on July 1, 2015. Contractor shall provide curbside
collection service, in accordance with Section 4.2.1 of the EDCO Agreement, in
the areas depicted as Area A and Area B on Exhibit 8. Contractor shall provide
manual backyard Collection, in accordance with Sections 4.14, 4.16, and 4.17 of
the EDCO Agreement, in the areas depicted as Area C and Area D on Exhibit 8.
7. Article 1 of the EDCO Agreement is hereby revised to add the definition of
Service Area 2, as follows:
"1.62.5 Service Area 2
"Service Area 2" means that area of the City identified in Exhibit 8 of this
Agreement."
Section 2.4 of the EDCO Agreement is hereby revised to read as follows:
K6876-0333\18421 170.doe -2-
5
"2.4 Term of Agreement
The term of this Agreement shall commence on July 1, 2015 and expire June 30,
2020 (the "Term"), subject to extension or termination as herein provided.
Commencing January 1, 2020 and every year thereafter for a maximum of seven
renewals, automatic one year extensions shall be applied to the Term so that the
Term of the Agreement shall remain between six (6) months and eighteen (18)
months. If all of the automatic extensions take place, the Term shall expire on
June 30, 2027.
Commencing January 1, 2020, should either Party desire that the automatic one
year renewal and extension provision be terminated, such Party may give the
other Party written notice of such termination within sixty (60) days prior to
January 1 of any year of the Agreement. Such notice will terminate the automatic
one year renewal and extension provision, and the Agreement shall remain in
effect for the balance of the term then outstanding. By way of example only: the
Term shall be extended by one year commencing July 1, 2020, unless within sixty
(60) days prior to January 1, 2020, either Party provides notice to the other Party
terminating the extension."
9. Section 2.5 of the EDCO Agreement is hereby deleted.
10. For the period commencing July 1, 2015, the Collector Fee shall be $135,450.00
per quarter. Thereafter, the Collector Fee shall be adjusted as provided in Section
3.2.1 of the EDCO Agreement. The Parties acknowledge that this amount reflects
the addition of Service Area 2 to the EDCO Agreement,
11. For the period commencing July 1, 2015, the Environmental Programs Fee shall
be $34,210.00 per quarter. Thereafter, the Environmental Programs Fee shall be
adjusted as provided in Section 3.2.2 of the EDCO Agreement. The Parties
acknowledge that this amount reflects the addition of Service Area 2 to the EDCO
Agreement.
12. For the period commencing July 1, 2015, the Recycling Rebate shall be
$74,000.00 per quarter. Thereafter, the Recycling Rebate shall be adjusted as
provided in Section 3.2.3 of the EDCO Agreement. The Parties acknowledge that
this amount reflects the addition of Service Area 2 to the EDCO Agreement.
13. Section 4.4.5 (Organics Recycling Plan) is added to Section 4.4 of the EDCO
Agreement, as follows:
"4.4.5 Organics Recycling Plan
Contractor shall provide City a plan for the implementation of organics waste
recycling at Residential Premises for City's evaluation and consideration no later
than June 30, 2019. City shall be under no obligation to implement the plan and
retains the right to modify or consider implementation at a later date.
86876-0333\18421 170.doc -3-
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At a minimum, Contractor shall identify the following elements for City
consideration: projected participation rates among generators, projected recovery
rates at processing facility, increased overall diversion benefit to City, public
education component, program sustainability factors, financial implications and
proposed implementation schedule. Contractor shall take into account any change
of law that would impact the Plan."
14. All references to "Cart" in Subsection 4.6.4.2 of the EDCO Agreement are hereby
revised to read "Cart and Contractor -provided manual service Container".
15. Article 4 of the EDCO Agreement is hereby revised to add the following sections,
all of which apply only to Service Area 2:
114.14 Manual Backyard Refuse Collection
Contractor shall Collect Refuse from Customer -provided Containers once per
week from Single -Family Customers and Multi -Family Customers without Bin
service in the areas depicted as Area C and Area D on the map attached hereto as
Exhibit 8. The Collection location for manual service shall be Customer's back or
side yard, or other location that is not visible from the street. These Customers
shall be "Manual Collection Customers." The number of Containers is not
limited.
4.15 Portuguese Bend Beach Club Litter Containers
Contractor shall Collect and Dispose of Solid Waste and Recyclables from litter
containers placed at the beach property for no more than the maximum rate
identified in the approved rate schedule. Under this EDCO Agreement,
Contractor is required to provide this Collection service if requested, but does not
have the exclusive right to provide this service, and the Portuguese Bend Beach
Club may negotiate with other haulers for this service.
4.16 Recyclable Materials Collection for Manual Collection Customers
Contractor shall Collect Recyclable Materials from Contractor -provided 32 -gallon
Containers with unattached lids and without wheels, placed at the same Collection
location as Customer -provided Refuse Containers, once per week from Manual
Collection Customers. Recyclable Materials Collected shall be the same as those
Collected from Cart Customers. Contractor shall provide a sufficient number of
Containers to each Customer to meet each Customer's individual needs.
4.17 Green Waste Collection for Manual Collection Customers
Contractor shall Collect Green Waste from Contractor -provided 32 -gallon
wheeled Containers with unattached lids, as well as unlimited Green Waste tied
and bundled as set forth in Section 4.4.1 above, placed at the same Collection
location as Customer -provided Refuse Containers, once per week from Manual
R6876-0333\1842117v3.doe -4-
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Collection Customers. Contractor shall provide a sufficient number of Containers
to each Customer to meet each Customer's individual needs.
4.18 Brush Clearing Events
Contractor shall provide and service sufficient Roll -Off Boxes up to twice per
year to each homeowners' association for the purpose of brush clearing. Timing
and placement of Containers to be mutually agreed upon between Contractor and
each homeowners' association."
16. The maximum rates approved for the Rate Year commencing July 1, 2014 for
Service Area 1 and Service Area 2 are attached hereto as Exhibits A and B,
respectively.
Notwithstanding Article 6 of the EDCO Agreement and Article 6 of the UWS
Agreement, Contractor will freeze the City approved July 1, 2014 rates through
June 30, 2016 for both Service Area 1 and Service Area 2. In calculating the July
1, 2016 rate adjustment formula, there will be no retroactive recovery of the
freeze. The July 1, 2016 rate adjustments will be based only on the most recent
twelve month indexes (i.e. January 1, 2015 to December 31, 2015) available at
that time.
17. Paragraphs (2) and (3) of Section 6.4.2 of the EDCO Agreement are hereby
revised to read as follows:
"(2) Annual increase in total disposal component (including Green Waste) in
any one year shall be limited to no more than 8%, with non -permitted increases
permitted to be applied to any subsequent year's increase to the extent the annual
increase does not exceed 8%.
(3) Annual increase in disposal component exclusive of disposal at the Orange
County Landfill System is limited to no more than 8%, with non -permitted
increases permitted to be applied to any subsequent year's increase to the extent
the annual increase does not exceed 8%."
18. Section 6.4.3 of the EDCO Agreement is hereby revised to read as follows:
"6.4.3 Rate Adjustment Steps
All rates will be adjusted using the same methodology and cost component
weightings. See Exhibits 5A, 5B and 5C.
Exhibit 5A, Step One - Calculate Percentage Change in Indices. Calculate the
percentage increase or decrease in each index listed in Section 6.4.2. The increase
or decrease in the published indices for fuel, equipment and all other (CPI, less
food and energy) will be the change in the average annual published index
between the calendar year ended the December prior to the Rate Year anniversary
date and prior calendar year.
R6876-0333\18421 170.doc -5-
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•
Example disposal component calculations are included in Exhibit 5B and Exhibit
5C:
Exhibit 513, Step 1: Determine the average disposal cost per ton for non -Orange
County Landfill disposal.
Exhibit 513, Step 2: Determine whether the change in the cost per ton of non -
Orange County Landfill disposal exceeds the maximum allowable increase of 8%.
If so, reduce the new non -Orange County Landfill disposal index to reflect no
more than an 8% increase.
Exhibit 513, Step 3: Weight the cost at the Orange County Landfill System and
non -Orange County Landfill cost based upon percentage of tonnage directed to
each (subject to a 50% minimum to be assumed directed to the Orange County
Landfill System).
Exhibit 513, Step 4: Determine whether the change in the total Disposal
Component exceeds the maximum allowable overall increase 8%. If so, reduce
the new disposal index to reflect no more than an 8% increase. The resulting
Average Cost Per Ton in Column P on Row 12 of Exhibit 5B will be the New
Index Value used in Exhibit 5A.
There may be multiple landfills used, and therefore multiple gate rates for which
to calculate the percentage change, which shall be weighted by the number of tons
disposed at each landfill. The change in Landfill and Green Waste Disposal
indices shall be based upon the change between the per ton gate rates as of the
effective date of the rate adjustment and 12 months prior. For example, the rate
adjustment effective July 1, 2011 will reflect the change in the gate rate from. July
1, 2010 to July 1, 2011. There shall be no adjustment for changes in disposal rates
prior to July 1, 2010. See Exhibit 5C to calculate the July 1, 2010 disposal
component baseline for the July 1, 2011 rate adjustment.
Exhibit 5A, Step Two
i. Component Weightings: The first rate adjustment cost components as a
percentage of service component costs and of total costs are provided in
Section 6.4.2 above, with subsequent components calculated in Step Four of the
rate adjustment example in Exhibit 5A. For Exhibit 5A, Step Two of each
subsequent rate adjustment, use the cost components recalculated in Step Four
during the previous rate adjustment.
ii. Service Component. Multiply the percentage changes for each rate
adjustment service component by that component's weighting as a percentage of
the service component and add these resulting percentages together to get the
service component weighted change to the rates, subject to the service component
increase cap. The annual change to the service component, calculated on row 11
of Exhibit 5, is capped at no more than a four percent (4%) increase per year. If
the increase in any one year is higher than four percent (4%), the percentage
86876-0333\18421 170.doc -6-
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increase not permitted may be added to any subsequent year's increase to the
extent that a subsequent increase is below four percent (4%).
iii. Disposal Component.
The change in the disposal component is equal to the calculation on Row 5 of
Exhibit 5A, Column C.
iv. Combined Rate Adjustment. Multiply the permissible percentage changes
for the combined service component and the disposal component, as determined
on rows 13 and 14 in column G of the example rate adjustment calculation in
Exhibit 5A, by the cost component weightings for the service and disposal
components.
Exhibit 5A, Step Three - Multiply the total weighted percent change from Step
Two by the existing Customer rates to calculate the increase or decrease to the
maximum rates. Add the rate increase or decrease to the existing rates to derive
the newly adjusted rates.
Exhibit 5A, Step Four - Recalculate weightings for the following year based upon
these changes."
19. Section 6.4.4 of the EDCO Agreement is hereby revised to read as follows:
"6.4.4 Government Fees
New or increased Federal, State or locally imposed per ton disposal fee
surcharges are excluded from the 8% per year disposal component increase caps."
20. Section 4.5.7 (Street Sweeping Contract Management) is hereby added to Section
4.5 of the EDCO Agreement, as follows:
"4.5.7 Street Sweeping Contract Management
Commencing July 1, 2015, or such later date as may be directed by City's
Director of Public Works, and for the term of this Agreement thereafter,
Contractor shall provide contract management services of City street sweeping
services in accordance with the current requirements specified by City at no
additional cost to City.
Street sweeping services shall be provided through a street sweeping service
provider engaged by City. In the event of (i) default of the street sweeping
contract that is not the result of the negligence or willful act of Contractor, and/or
(ii) termination of street sweeping services that is not the result of the negligence
or willful act of Contractor, such default or termination shall not be cause for
default and/or termination of this Agreement.
R6876-0333\1842117v3.doc -7-
Contractor shall initially provide contract management services under a street
sweeping agreement between City and Joe's Sweeping AKA Nationwide
Environmental Services, dated May 19, 2009, as amended by those certain First,
Second, and Third Amendments dated July 1, 2012, July 1, 2013, and July 1,
2014 (as amended the "Joe's Street Sweeping Agreement") until it's expiration, at
no additional cost to City. A copy of the Joe's Street Sweeping Agreement is
attached hereto as Exhibit C and incorporated herein by this reference.
Prior to expiration of the Joe's Street Sweeping Agreement, City shall select a
qualified street sweeping service provider to perform street sweeping services of
city streets and contract with such provider following the expiration of the Joe's
Street Sweeping Agreement. City shall assign the contract to the Contractor for
contract management. The Joe's Street Sweeping Agreement and any successor
agreement entered into by City and a street sweeping service provider, are
referred to herein as the "Street Sweeping Agreement".
Contractor shall ensure that street sweeping services are provided in accordance
with terms and conditions specified by City. Contractor shall be responsible for
all inquiries on street sweeping through its customer service call center and shall
ensure that all matters are promptly corrected to the satisfaction of City.
Contractor shall coordinate street sweeping services with City's Code
Enforcement Division to enforce parking regulations related to street sweeping
activities, as directed by City's Director of Public Works.
Contractor shall deliver an annual report to City on the number of linear miles
swept, amount of street sweeping debris collected and disposed, and other
pertinent statistics as may be required by the Director of Public Works.
Contractor shall be responsible for supervising the street sweeping service
provider to ensure the street sweeping service provider performs street sweeping
services to the highest level possible and properly disposes of street sweeping
debris in a lawful manner. Contractor shall ensure that all terms and provisions in
the Street Sweeping Agreement are maintained.
On or before the 10th day of each month, Contractor will invoice City for street
sweeping services performed during the preceding month by the street sweeping
service provider. Each invoice shall also itemize the additional street sweeping
services performed during the preceding month, by hour, and the actual costs
incurred for processing of collected sweepings and water. There shall be no
additional fees added by Contractor for contract management other than those
requested by the street sweeping service provider.
City shall pay each invoice within thirty (30) days after receipt, except such
amounts as City may in good faith dispute, which amounts City may withhold
until resolution of the dispute. Payment of any disputed amounts shall be made
within ten (10) days following resolution of the dispute.
86876-0333\18421 17v3.doc -8-
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Contractor shall remit appropriate payment to the street sweeping service provider
in accordance with the terms of Street Sweeping Agreement."
21. No further Changes. Except as expressly modified by this Amendment, the
EDCO Agreement remains in full force and effect without modification or
impairment.
22. Counterparts. This Amendment may be executed in one or more counterparts,
each of which shall be deemed an original, but all of which shall constitute one
and the same document.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the
date and year first above written.
CITY OF RANCHO PALOS VERDES,
a California municipal corporation
Jim Knight, Mayor
ATTEST:
Carla Morreale, City Clerk
APPROVED AS TO FORM:
Richards, Watson & Gershon
Carol W. Lynch, City Attorney EDCO DISPOSAL CORPORATION.,
a California Corporation
By:
Its:
By:
Its:
R6876-0333\1 8421170.doc -9-
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Exhibit A
MAXIMUM RATES FOR SERVICE AREA 1
IN EFFECT UNTIL JUNE 30, 2016
Exhibit A
Page 1 of 1
13
S11111 219 1111P11117 I P! 111 1
Rates Effective 7/1/2015 (No Change from 2014)
EDCO SINGLE-FAMILY RATES
Monthly Cart Service
One each Refuse,
Refuse Cart Size:
35 -gallon 64 -gallon
96 -gallon
Standard Service
$19.40 $24.97
$30.52
Additional Refuse Cart
$6.67 $8.90
$11,13
Additional Recycling Cart
Free Free
Free
Additional Green Waste
Cart (above three)
$2.23 n/a
$4.45
Other Cart Rates and
Services (Charged in
$237.30
$61.68
Backyard Service - per
$120.57
$6.86
Pu12 Service - 12er home
$222.72
$5.72
Backyard and Pu
$71.96
$9.14
Senior Rate Reduction
$309.23
10%
Low-income Rate
$547.52
5%
Annual Payment Rate
4 -yard
5%
Additional Special
Overage Pickup for
Automated Cart
$222.72
$5.56
Additional Bulky Item
1 $354.53
$27.82
Cart Exchange after free-
$275.29
$16.69
Cart Re -delivery Fee if
$547.59
$27.82
Re -Start Fee - after
$166.73
$16.69
Including all fees retained by, or paid to, City.
Monthl Bin Rates
on amer Size
Pickups
2
3
4
5
6
Extra
Pickups
2 -yard
$86.49
$120.53
$154.57
$171.59
$222.68
$237.30
$61.68
3- and
$120.57
$154.61
$188.67
$222.72
$273.75
$284.55
$71.96
3 -yard w compactor
$241.12
$309.23
$377.30
$445.42
$547.52
$569.06
$143.94
4 -yard
$137.65
$171.62 1
$222.72
1 $273.79 1
$333.57
1 $354.53
$82.25
4- and wZ com actor
$275.29
$343.27
$445.44
$547.59
$664.86
$709.07
$166.73
6 -yard
1 $171.70
$230.32
$273.80
$324.89
$377.57
$394.73
$123.38
Reaclin binj cart
No char&e
M
Exhibit 4 City of Ranch® Palos Verdes - Area 1 EDCO
Rates Effective 7/1/2015 (No Change from 2014)
Additional Service
Rate Per Service
Charges
(Fixed)
Bin Cleaning Per Bin
$50.05
Bin Overage Clean-up
$22.24
(following one written
Single Family
Additional Bulky Item
$27.82
pickups (in excess of three
Emergency Service Rates
$94.55
- one crew and one
Recycling Rebate
Rebate per Unit
Collector
(Fixed)
Per Month
$127,906
I
Recycling Rebate Fixed
$1.58
(No Change/ Rate adjusted per Section 3.2.3 only)
Single Family
Multi-Farnil y
$1.58
(No Change/ Rate adjusted per Section 3.2.3 only)
Fees
���
Collector
$506,065
Environmental
$127,906
I
Recycling Rebate Fixed
Note 1
Note 1: Rebated directly to Customers Effective 1/1/2013
15
Exhibit B
MAXIMUM RATES FOR SERVICE AREA 2
IN EFFECT UNTIL JUNE 30, 2016
Exhibit B
Page I of I
16
11!111 111!111! lir 11111��111;11:
FY 15-7.6 Effective 7/1/2015 (No Change from 2014)
Single -Family Maximum not to Exceed Rates
Monthly Manual Service Rates
Backyard Service for refuse, recycling, and green
$60.62
waste "- per home per month
Manure 32 -gal customer -provided can (per can per
$22.04
month)
Monthly Automated Cart Service Rates
One each Refuse, Recycling, and Green Waste Cart, rate based
upon Refuse Cart size:
Refuse Cart
35 -gallon
64 -gallon
96 -gallon
Size:
Standard
$19.40
$24.97
$30.52
Service, based
on refuse cart
size.
Additional
$6.67
$8.90
$11.13
Refuse Cart
Additional
free
free
free
Recycling
Cart
Additional
$2.23
n/a
$4.45
Green Waste
Cart (over
three carts)
Other Cart Rates and Services (Charged in Addition to Monthly Cart
Service Rates)
Backyard Service - per home per month, all cart sizes
$6.62
Senior Rate Reduction
10%
Low -Income Rate Reduction
5
Annual Payment Rate Reduction
5%
Additional Special Overage Pickup for Automated
$5.56
Cart Customers (in excess of two pickups per year),
per pickup
Additional Bulky Item pickups (in excess of three free
$27.82
pickups per dwelling unit per year), per item
Cart Exchange (after free -exchange period), per
$16.69
request
Cart IZe-delivery Fee (if carts are pulled for non-
$27.82
payment, one charge for redelivery of all carts)
Re -Start Fee - after voluntary suspension of service, if
$16.69
carts have not been pulled, per re -start
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FY 15-16 Effective 7/1/2015 (No Change from 2014)
Multi -Family
FY 15-16 Effective 7/1/2015 (No Change from 2014)
Following are the not to exceed rates for Jul X 1, 2015 through June 30, 2016:
Other Bin Service Rates - Per Month
No. Pickups per week
Bin Service 1 2 3 4 5 6
Monthly Bin Rates
$9.79
$11.16
$12.54
Container
Size
1
2
No. Pickups per week
3 4
5
6
Extra Pickups
2 -yard
$76.06
$106.03
$135.46 $150.63
$194.87
$224.56
$16.53
3- yard
$105.83
$135.49
$165.22 $194.91
$240.55
$270.41
$27.56
4- and
$120.74
$150.38
$194.96 $240.59
$290.67
$336.80
$38.58
Manure 3-
and
$137.76
$27.56
Recycling
bin cart
No charge
Other Bin Service Rates - Per Month
No. Pickups per week
Bin Service 1 2 3 4 5 6
Locking Bin $7.84
$9.79
$11.16
$12.54
$13.91 $15.29
Service
$27.56
warning) Per Clean Up
Additional Bulky Item pickups (in excess of three free
Scout Vehicles $29.03
$49.85
$70.25
$90.85
$111.48 $132.10
Bin Push -Out $44.04
$78.40
$105.85
$133.33
$160.81 $188.30
Service (35
feet or
further)
Additional Service Charges
Rate Per Service
Portuguese Bend Beach Club - beach litter container
$2,204.13
collection per month (not to exceed)
Bin Cleaning Per Bin
$27.56
Bin Overage Clean-up (following one written
$27.56
warning) Per Clean Up
Additional Bulky Item pickups (in excess of three free
$27.56
pickups per dwelling unit per year) Per Item
Emergency Service Rates - one crew and one
$93.67
collection truck (Per Hr)
Proposed fees PY 15-16
Amount
Collector $35,735
Environmental $8,930
Rec clin Rebate $0 Rebate offered to customers as of 1/1/2013. No change.
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2 of 2
•
Exhibit C
JOE'S SWEEPING AGREEMENT, AS AMENDED
Exhibit C
Page 1 of 1
W
CITY OF RANCHO PALOS VERDES
CKI►(lll. s x7111:1
STREET SWEEPING SERVICES FISCAL YEAR 2009/10-2010/11-2011/12
THIS AGREEMENT is made and entered this Nineteenth _ day of May �2009, by and between the CITY
OF RANCHO PALOS VERDES, hereinafter referred to as "City" and NATIONWIDE ENVIRONMENTAL
SERVICES DIV. OF JOI'S,rSWEEPM, INC., hereinafter referred to as "Contractor."
WITNESSETH:
WHEIREAS, Contractor and Contractor's Surety are providing the bonds attached hereto and incorporated by
this reference, and
WHEREAS, City desires to contract with Contractor to perform the services detailed in this contract, including
the Proposal, and
WHEREAS, Contractor has represented that it is fully qualified to assume and discharge such responsibility,
NOW, THEREFORE, the parties hereto do agree as follows:
1. Sco}ze of Services. City hereby employs Contractor to perform the work and provide the services and
materials for the project identified as: STREET SWEEPING SERVICES FISCAL YEAR
2009/10-2,010/11-2011/12 as described in these Playas and Specifications, attached hereto and
incorporated herein by this reference, including miscellaneous appurtenant work. Such work shall be
performed in a good and workmanlike manner, under the terms as stated herein and in these Plans and
Specifications, and in accordance with the latest edition of the Joint Cooperative Committee, Southern
California Chapters of the American Public Works Association and the Associated General
Contractors of America, document entitled "Standard Specifications." In the event of any conflict
between the terms of this agreement and any of the above -referenced documents, the terms of this
agreement shall be controlling.
la. Term: The contract shall commence on July 1, 2009 and shall continue in full force and effect
through and including June 30, 2012 unless earlier termination as provided in Section 5 herein.
The contract may be extended to three (3) additional one year terms by mutual consent of both
parties.
2. Compensation. In consideration of the services rendered hereunder, Contractor shall be paid
according to the prices as submitted on the Bid Sheet of the Proposal, attached hereto as a part of these
Plans and Specifications and in accordance with the Special Provisions.
3, Independent Contractor. It is specifically understood and agreed by all parties hereto that Contractor
is, for the purposes of this Agreement, an independent contractor and not an employee of the City.
Accordingly, Contractor shall not be deemed the City's employee for any purpose whatsoever.
Contractor shall not incur or have the power to incur any debt, obligation or liability whatever for or
against City.
4. Assimnient. This agreement may not be assigned by Contractor, in whole or in part, without the prior
written consent of City.
20
7 crrnination. This Agreement may be canceled by City at any time without penalty upon thirty- (30)
days` written notice. In the event of termination without fault of Contractor, the City shall pay
Contractor for all services rendered prior to date of termination, and such payment shall be in full
satisfaction of all services rendered hereunder.
6. Workers' Com�rensation Insurance, California Labor Code Sections 1860 and 3700 provide that every
contractor will be required to secure the payment of compensation to its employees. In accordance
with the provisions of California Labor Code Section 1861, the Contractor hereby certifies as follows:
"1 am aware of the provisions of Section 3700 of the Labor
Code which require every employer to be insured against
liability for workers' compensation or to under take self-
insurance in accordance with the provisions of that code,
and I will comply with such provisions before commencing
the performance of the work of this contract."
Dis ute Resolution. This contract is subject to the provision of Article 1.5 (commencing at Section
20104) of Division 2, fart 3 of the California Public Contract Coderegarding the resolution of public
works claims of less than $375,000. Article 1,5 mandates certain procedures for the filing of claims
and supporting documentation by the contractor, for the response to such claims by the contracting
public agency, for a mandatory meet and confer conference upon the request of the contractor, for
mandatory non-binding mediation in the event of litigation is commenced, and for mandatoryjudicial
arbitration upon the failure to resolve the dispute through mediation. This contract hereby
incorporates the provisions of Article 1.5 as though fully set forth herein.
Suit: Recovery, of Attorney Fees & Costs. Should either party bring any action to protector enforce its
rights hereunder, the prevailing party in such action shall be entitled to recover, in addition to all other
relief, its reasonable attorney fees and court costs.
Insurance Requirements. The Contractor shall at all times, during the tern of this contract, carry,
maintain and keep in full force and effect, a policy or policies of (1) general liability insurance with an
insurance company admitted to write insurance in California, or carriers with arating of, or equivalent
to, ANII by A. M. Best & Company to, and approved by, the Director of Public Works and City
Attorney, within minimum limits of One Million Dollars ($1,000,000.00) combined single limit
coverage vchth an aggregate of Two Million Dollars ($2,000,000.00) against any injury, death, loss or
damage as a result of wrongful or negligent acts or omissions by the Contractor, its officers,
employees, agents, and independent contractors in performance of services under this Agreement; (2)
automotive liability insurance with a minimum combined single limits coverage of One Million
Dollars ($1,000,000.00) with an aggregate of Two Million Dollars ($2,000,000.00); and (3) worker's
compensation insurance as required by law. The Contractor shall at all times during the term of this
contract carry, maintain and keep in full force and effect a policy or policies of Workers'
Compensation insurance and shall provide to the City evidence of such coverage in the form set forth
herein. The City, its officers, employees, attorneys, and volunteers shall be named as additional
insured on the policy (ies) as to comprehensive general liability, property damage, and worker's
compensation coverages.
1. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled,
reduced, or otherwise modified (except through addition of additional insured to the policy) by the
insurance carrier without the insurance carrier giving the City thirty (30) day's prior written notice
thereof. The Contractor agrees that it will not cancel, reduce or othenvise modify said insurance
coverage.
RE
2. The Contractor agrees that if it does not keep the aforesaid insurance in full force and effect, and
such insurance is available at a reasonable cost, the City may take out the necessary insurance and
pay the premium thereon, and the repayment thereof shall be deemed an obligation of the
Contractor and the cost of such insurance may be deducted, at the option of the City, from
payments due the Contractor.
1 The Contractor shall submit to the City (1) insurance certificates indicating compliance with the
minimum worker's compensation insurance requirements above, and (2) insurance policy
endorsements above, not less than one (l) day prior to beginning of performance under this
Agreement. Endorsements must be executed on the City's appropriate standard forms entitled
"Additional Insured Endorsement," copies of which are attached hereto,
A. Upon the request of the Director of Public Works, or his authorized representative, the Contractor
shall provide written notice to the Director of Public Works indicating all litigation and claims
(past, current, or anticipated) between the Contractor and any claimants that may affect the
aggregate insurance coverage,
10. Licensed in accordance with the City of Rancho Palos Verdes:
License No {�.( 060..2 "%.._.._ ...,v Date .Issued: _ 2C ..
IN WITNESS WH} REOE, the parties hereto have executed the within Agreement the day and year first above
written.
CITY C' ZA CIIO I'RT E
Mayor
ATI'EST:
Ey: _
City Clerk
CONTRACTOR:
Printed Name Date
22
La5.' First Amendment to Agreement between
The City of Rancho Palos Verdes and
Nationwide Environmental Services div. of Joe's Sweeping, Inc.
This agreement is the first amendment to the Street Sweeping Maintenance
Services between the City of Rancho Palos Verdes ("CITY") and Nationwide Environmental
Services div. of Joe's Sweeping, Inc. ("CONTRACTOR"), dated May 19, 2009 ("Original
Agreement"). This first amendment is effective as of July 1, 2012 and Is being made to
extend the term of the Agreement for one year.
Section 1. 1 a. Term: of Agreement is hereby amended to read as follows:
"This Agreement shall commence on July 1, 2012 and shall expire on June 30,
2013, unless sooner terminated pursuant to Section 5 of this Agreement. Additionally,
there are two (2) one-year options to renew the Agreement for FY 2013-2014 and 2014-
2015 with the mutual written consent of both parties."
Section 2. Except as expressly amended by this amendment to the Original
Agreement, Section 1 Scope of Services: and all other provisions of the Agreement
shall remain in full force and effect as written In the Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the date and year first above written.
ATTEST:
By:
City Clerk
CITY OF RANCHO PALOS VERDES
("CITY')
By:
Mayor
NATIONWIDE ENVIRONMENTAL SERVICE
div. OF JOE'S SWEEPING, INC.
("CONTRAC
Signature:
Printed Name: A-ni samuelian
Title: "dice President
23
a.
V �TA AM
« • Amendment to Agreement between
Environmentalthe City of Rancho Palos Verdes and Nationwide
of •e's Sweeping,
This agreement is the second amendment ("Second Amendment") to the street
sweeping services agreement between the City of Rancho Palos Verdes ("City") and
Nationwide Environmental Services Div. of Joe's Sweeping, Inc. ("Contractor"), dated May
19, 2009 ("Agreement"). The first amendment, which was effective July 1, 2012, extended
the term of the Agreement for one year. This Second Amendment is effective as of July 1,
2013, and is being made to extend the term of the Agreement for one year more year.
Section 1. Section 1 a of the Agreement is hereby amended to read as follows:
"Term of Contract. This Agreement shall commence on July 1, 2009 and shall
terminate on June 30, 2014, unless sooner terminated pursuant to Section 5 of this
Agreement. Additionally, there is one (1) one-year option to renew the Agreement for fiscal
year 2014-2015 with the mutual written consent of both parties."
Section 2. Section 2 of the Agreement is hereby amended to read as follows:
"Compensation. In consideration of the services rendered hereunder, City shall pay
Contractor a not to exceed amount of one hundred and seventy thousand dollars
($170,000,00) each fiscal year in accordance with the prices reflected on the Bid Sheet of
the Proposal, which is attached hereto as Exhibit "A" and incorporated herein by this
reference."
Section 3. Section 9(1) of the Agreement is hereby amended to read as follows:
"All insurance policies shall provide that the insurance coverage shall not be
cancelled or modified (except through addition of additional insured to the policy) by the
insurance carrier without the insurance carrier giving the City thirty (30) days prior written
notice thereof. Additionally, Contractor shall provide notice to the City within three
business days if it receives a cancellation or policy revision notice from the insurer.
Contractor agrees that it will not cancel, reduce or otherwise modify said insurance
coverage."
Section 4. Section 9(3) of the Agreement is hereby amended to read as follows:
The Contractor shall submit to the City: (1) copies of the entire insurance policy for
all required insurance; (2) insurance certificates indicating compliance with the minimum
workers' compensation insurance requirements above, and (3) insurance policy
endorsements above, not less than one (1) day prior to beginning of performance under
this Agreement. Endorsements must be executed on the City's appropriate standard forms
titled "Additional Insured Endorsement," copies of which are attached hereto.
86876-0001\1542106v1.doc
M
Section 5. Section 10 of the Agreement is hereby added to read as follows:
"Notice. Except as otherwise required by law, any payment, notice or other
communication authorized or required by this Agreement shall be in writing and shall be
deemed received on (a) the day of delivery if delivered by hand or overnight courier service
during City's regular business hours or (b) on the third business day following deposit in the
United States mail, postage prepaid, to the addresses listed below, or at such other
address as one party may notify the other:
To CITY:
Les M. Jones II, Interim Public Works Director
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
To CONTRACTOR:
Never Samuelian
Nationwide Environmental Services Div. of Joe's Sweeping, Inc.
11911 F;�rzt 2+ rnct
NQ,ml k CA 9n 50 ,
Section & The Attachment titled "indemnification and Hold Harmless Agreement
and Waiver of Subrogation and Contribution" is hereby amended to read as stated in
Exhibit B, which is attached hereto and incorporated herein by this reference.
Section 7. Except as expressly amended by this amendment to the Agreement,
all of the other provisions of the Agreement shall remain in full force and effect as written in
the Agreement.
[Signatures on next page.]
16876-000111542106v 1.doc
25
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of
the date and year written below.
Dated: April -10 , 2013
NATIONWIDE ENVIRONMENTAL
RVI ES NG 'OUS SWEEPINT
INC. 'Cont actr?)J
Printed Name: Ani Samuelian
Title: Vice Pzeoident
By:
Printed Name: suzy samu
--euan
Title: Corporateae=t-ary
CITY OF RANCHO PALMS VERDES
("City")
By. T&r,=
Maor
ATTEST:
City Clerk
R687"001 \1 542106vl,doc
26
This agreement is the third amendment (`Third Amendment") to the street sweeping
services agreement between the City of Rancho Palos Verdes ("City") and Nationwide
Environmental Services Div. of Joe's Sweeping, Inc. ("Contractor"), dated May 19, 2009
("Agreement"). The first.amendment, which was effective July 1, 2012, extended the term
of the Agreement for one year. The second amendment, which was effective July 1, 2013,
likewise extended the term of the Agreement for one year. This Third Amendment is in
effect as of September 16, 2014, and is being made to extend the term of the Agreement
for one more year.
Sedbon 1. The name of the Contractor is hereby amended from "Nationwide
Environmental Services Div. of .foe's Sweeping, Inc." to "Joe's Sweeping, Inc. d/b/a
Nationwide Environmental Services.„
Section 2: Section 1a of the Agreement is hereby amended to read as follows:
"Terni of Contract. This Agreement shall commence on July 1, 2009, and shall
terminate on June 30, 2015, unless sooner terminated pursuant to Section 5 of this
Agreement."
Section 3. Section 10 of the Agreement is hereby amended to read as follows:
"Na 'ce. Except as otherwise required by law, any payment, notice or other
communication authorized or required by this Agreement shall be In writing and shall be
deemed received on (a) the day of delivery If delivered by hand or overnight courier service
during City's regular business hours or (b) on the third business day following deposit in the
United States mail, postage prepaid, to the addresses listed below, or at such other
address as one party may notify the other:
To CITY:
Michael Throne, Public Works Director
City of Rancho Palos Verdes
30940 Hawthorne Blvd,
Rancho Palos Verdes, CA 90275
To CONTRACTOR:
Never Samuelion
Joe's Sweeping, inc.
11914 Front Street
Norwalk, CA 90650"
x26676 -000111542108x1. dor,
M
Third Amendment to Agreement between
the City of rancho Palos Verdes and Nationwide
Environmental Services Div. of Joe's Swooping, Inc.
This agreement is the third amendment (`Third Amendment") to the street sweeping
services agreement between the City of Rancho Palos Verdes ("City") and Nationwide
Environmental Services Div. of Joe's Sweeping, Inc. ("Contractor"), dated May 19, 2009
("Agreement"). The first.amendment, which was effective July 1, 2012, extended the term
of the Agreement for one year. The second amendment, which was effective July 1, 2013,
likewise extended the term of the Agreement for one year. This Third Amendment is in
effect as of September 16, 2014, and is being made to extend the term of the Agreement
for one more year.
Sedbon 1. The name of the Contractor is hereby amended from "Nationwide
Environmental Services Div. of .foe's Sweeping, Inc." to "Joe's Sweeping, Inc. d/b/a
Nationwide Environmental Services.„
Section 2: Section 1a of the Agreement is hereby amended to read as follows:
"Terni of Contract. This Agreement shall commence on July 1, 2009, and shall
terminate on June 30, 2015, unless sooner terminated pursuant to Section 5 of this
Agreement."
Section 3. Section 10 of the Agreement is hereby amended to read as follows:
"Na 'ce. Except as otherwise required by law, any payment, notice or other
communication authorized or required by this Agreement shall be In writing and shall be
deemed received on (a) the day of delivery If delivered by hand or overnight courier service
during City's regular business hours or (b) on the third business day following deposit in the
United States mail, postage prepaid, to the addresses listed below, or at such other
address as one party may notify the other:
To CITY:
Michael Throne, Public Works Director
City of Rancho Palos Verdes
30940 Hawthorne Blvd,
Rancho Palos Verdes, CA 90275
To CONTRACTOR:
Never Samuelion
Joe's Sweeping, inc.
11914 Front Street
Norwalk, CA 90650"
x26676 -000111542108x1. dor,
M
Section 4. The following Section 11 is hereby added to the Agreement:
"Licensed in accordance with the City of Rancho Palos Verdes under "nationwide
Environmental Services," license number 3274-14, which was issued on January 9, 2014.
Section 6. The following Section 12 is added to the Agreement;
"Fictitious Business Name Statement. Joe's Sweeping, Inc. has provided to the City
a copy of its Fictitious Business Name Statement to utilize the name Nationwide
Environmental Services. This Fictitious Business Name Statement was filed with the
County of Los Angeles on November 10, 2009, and thus will expire on November 9, 2014,
The Contractor shall file a new Fictitious Business Name Statement with the County of Los
Angeles before November 9, 2014 and shall Immediately provide the City with a copy of
the new filed Fictitious Business Name Statement, marked by the County of Los Angeles,
or the City'shall have the discretion to immediately terminate the Contract."
Section 6. Contractor shall obtain new faithful performance and payment bonds
to cover the period of time from September 15, 2014 through June 30, 2015, each in an
Amount that is not less than the total compensation amount of this Third Amendment; In
lieu of a new faithful performance bond, Contractor may submit proof from the surety
company that the existing faithful performance bond has been extended for duration of the
new term. All bonds must be submitted using the required forms, which are attached
hereto and incorporated herein by this reference, or in any other form approved bythe City
Attorney."
cg2n 7. Except as expressly amended by this amendment to the Agreement,
all of the other provisions of the Agreement shall remain In full force and effect as written in
the Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment
as of the date and year written below.
[Signatures on next page)
R6876-000111642106vi.doc
M•
Dated: September_, 2014 JOE'S SWEEPING, . d/b/a
NATION E ENVRONMENTAL-)
s ERVI
I
"Go ra or")
By:
Printed Name:
A * T T E ST,
/121,
By:
City Clerk
86876-0001 \1642106v 1,doC
Title:
M -
v
Printed Naw, e: Lzy- Ll a Y mw- n
Title:
CITY OF RANCHO PALOS VERDES
Ccitvl)
29
Exhibit 8
MAP DEPICTING SERVICE AREA 2
Exhibit 8
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