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Agenda Packets - Board - 2004-09-02Board of'Direetors Arlene Schafer Greg Woodside James Ferrvnan Art Perry Dan Worthington Staff Robin B. Harners Manager District Engineer (949) 631 -1731 Thomas A. Fauth Assistant Manager (714) 754 -5043 Joan Revak Clerk of the District (714) 754 -5087 Fax (714) 432 -1436 Mailing Address P. O. Box 1200 Costa Mesa, CA 92628 -1200 Street Address 77 Fair Drive Costa Mesa, CA 92626 -6520 s� Panted on Recycled Paper r D's I -&-rict ... an Inbepenbent Special District NOTICE OF SPECIAL MEETING COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS SEPTEMBER 2, 2004 The Board of Directors of the Costa Mesa Sanitary District will meet on Thursday, September 2, 2004 at 6:00 p.m., in Conference Room 1A at the Costa Mesa Civic Center, 77 Fair Drive, Costa Mesa, California to consider the following: I. Public Comments II. Authorization for Costa Mesa Disposal to Begin Fully- Automated Trash Collection Dated: August 30, 2004 ?Jz� &J Clerk of the District Protecting our communitv,s beaft6 wN provibing solid waste anb sewer cof(ection services. costamesasanitarvgbistrict.org COSTA 911ESASA997ART�D7,sTqtTCr Memorandum ... an Independent Specia[District To: Board of Directors From: Robin B. Hamers, Manager /District Engineer Date: September 1, 2004 Subject: Approval of Major Points and Implementation of Fully Automated Collection by Costa Mesa Disposal The following report has been prepared for the Special Board Meeting on September 2, 2004 when the Board will consider converting the current semi - automated trash collection program to fully automated collection. I. Recommendation The CMSD ad -hoc committee recommends the full Board of Directors authorize Costa Mesa Disposal, Inc. (CMD) to begin converting the semi - automated collection program to fully automated collection. As a condition of authorizing CMD to begin the conversion at this time, Costa Mesa Disposal shall agree to the points outlined in this report and shall agree to execute a formal agreement with the Costa Mesa Sanitary District. At the ad -hoc committee meeting on August 17, 2004, David Ronnenberg of CMD and CR &R agreed to these points and restated CMD's commitment to converting the existing semi - automated collection program to fully automated, including providing its usual full complement of related services, at no cost to the District. II. Background The Board of Directors has been considering the conversion to fully automated collection since mid 2003 when the Board was informed that CR &R would be purchasing 100% of the Costa Mesa Disposal stock on or around December 30, 2003. The obvious implication of this purchase was the potential conversion to fully automated service because CR &R provides fully automated service to all 200,000 residential parcels it serves. In addition to providing fully automated collection, CR &R has a successful history of providing the components of a complete trash collection program including administrative services, education, special services, and support for the agencies and their programs. (Protecting our community's health 6y providing solid waste and sewer coffection services. costamesasanitarydiistrict, org Approval of Major Points and Implementation of September 1, 2004 Fully Automated Collection by Costa Mesa Disposal Page 2 III. Commitments made by CMD On March 29, 2004, David Ronnenberg and Dan Otting of Costa Mesa Disposal and CR &R gave a visual presentation to the Board that offered the conversion of the semi - automated collection system to fully automated collection along with providing the comprehensive services available from CR &R at no cost to the District. In a letter dated July 1, 2004, Costa Mesa Disposal reiterated its commitment of providing fully automated service for the District at no cost. As stated above, at the CMSD ad -hoc committee meeting held August 17, 2004, David Ronnenberg again made this same commitment. IV. Ad -hoc Committee Discussions and Recommendations The ad -hoc committee consists of Director Worthington, Director Perry, the Manager /District Engineer, the Assistant Manager, and the Board Secretary/Program Manager. The committee found everything is currently in place to begin the conversion to fully automated collection with the exception of two items: implementing a variable rate structure and how to handle trash left outside the containers. Additionally, the District's Ordinances will need to be revised. • Variable Rate Structure The District is hampered in its attempt to institute a variable rate structure due to utilizing the Orange County Assessor to collect the yearly trash collection charges for each parcel. The charges are determined once per year, placed on the tax bill as a separate line item, and then collected in the two installment payments made by property owners. Quarterly billing for each parcel from either the District or the hauler is necessary to provide flexibility in applying charges as a resident changes service levels. The ad -hoc committee recommends the subject remain under study and that as an initial step the Board consider an end of year refund program for residents using only one 35 gallon container or one 60 gallon container. The committee concluded that two 60 gallon containers or two 90 gallon containers at a residence is the average service level. • Trash Left Outside the Containers The ad -hoc committee discussed this subject at length including the options of 1) collecting the extra bags at no charge, 2) attempting to educate residents in order to minimize trash left outside the containers, 3) charging residents through a colored bag or approved sticker program, or 4) refusing to collect trash left outside the containers. Approval of Major Points and Implementation of September 1, 2004 Fully Automated Collection by Costa Mesa Disposal Page 3 Because the subject is very sensitive to residents, the ad -hoc committee recommends instituting fully automated collection prior to establishing a policy on trash left outside the container. The incidences of excess trash may then be judged in total prior to forming a policy. Until such time as a new policy is adopted, Costa Mesa Disposal shall collect all excess trash left outside the containers. V. Benefits to CMD and the District The benefits to each party of the conversion to fully automated collection include: Benefits to Costa Mesa Disposal, Inc. • Conversion to fully automated collection allows the Sanitary District's program to be consistent with the other agencies served by CR &R. • Fully automated collection is faster, more efficient, and safer for the drivers, resulting in greater worker satisfaction. • Worker's compensation costs are greatly reduced. • Labor intensity is greatly reduced eliminating man hours required to perform the collection which should result in decreased labor costs. Benefits to the Costa Mesa Sanitary District • Fully automated collection is safer for local traffic because the driver is not exiting the truck in the street. • Fully automated service is safer for pedestrians and bicycle riders because the trucks will be spending less time on each street. • The savings in worker's compensation and labor costs of converting to fully automated collection allows Costa Mesa Disposal to offer the service and a complete support program at no cost to the District and possibly lower future rates. • The issue of the lifting bar problems in the containers becomes secondary because the bars are not used in fully automated collection. VI. Action by the Board of Directors It is recommended the Board authorize Costa Mesa Disposal to begin fully automated collection subject to the approval by both parties of the parameters outlined in the attached Exhibit "A. Exhibit "A" Major Points of Fully Automated Trash Collection Program 1. Costa Mesa Disposal, CR &R and the Costa Mesa Sanitary District agree to work together in a cooperative manner to institute a successful and comprehensive fully automated trash collection program for residents of the District. 2. CMD shall provide an education program with components designed to inform current and future residents of the details of the fully automated program including the procedure for using fully automated containers and a list of the special recycling programs available to the residents. CMD shall produce a flyer explaining the above information and shall distribute the flyer to each residence in the District. Thereafter, copies of the flyer shall be distributed to new residents upon request by the District or a new resident. Copies of the flyer shall be made available to District Staff for distribution as appropriate and revisions to the flyer shall be made by CMD when mutually deemed appropriate. CMD shall distribute the flyer to every residence once every two years. 3. The District recognizes that Costa Mesa Disposal, Inc., the District's hauler, and CR Transfer, the District's recycler, are wholly owned subsidiaries of CR &R. CR &R is the parent corporation that successfully provides fully automated trash collection to over 200,000 residences in Southern California. The District currently has an agreement with CR Transfer dated July 1, 2002 for recycling services and an agreement and three addendums dated June 9, 1994, June 18, 1997, April 26, 2001, and December 11, 2001,with Costa Mesa Disposal for trash collection, hauling, special services, and support of District programs. The District also has a Franchise Hauler and Transfer Station Acknowledgment dated April 10, 1997 with Costa Mesa Disposal and CR Transfer that reflects the District's Waste Disposal Agreement with the Orange County Integrated Waste Management Department. CR &R now owns 100% of the stock of Costa Mesa Disposal and there is no longer any legal relationship between Costa Mesa Disposal and Roto Industries. The agreement with Costa Mesa Disposal requires CMD to obtain written permission from the District prior to providing fully automated collection. In order to simplify the contractual relationship between the parties, the District desires to supersede the above - mentioned agreements and addendums with one agreement with CR &R that recognizes the subsidiaries of CMD and CR Transfer and the services they provide while at the same time leaving in place the independence of the collection and hauling agreement from the recycling agreement. CR &R, CMD and CR Transfer agree to achieve this simplification. The Attorney for the District shall be provided the legal documentation establishing the aforementioned legal entities in order to prepare the new agreement. The Attorney for the District will establish the proper protections for the District in the event a sale or transfer of an entity serving the District is proposed, including the right of consent of assignment for any sale of 40% or more of the company stock or when control of the corporation transfers to a different party. 4. The provisions of the existing agreements and addendums shall continue and will be included in the new agreement along with provisions offered by CMD in the Special Board Meeting held on March 20, 2004 along with provisions offered by letter from CMD dated July 1, 2004. These provisions include the following: • Conversion of the existing occupancy count from an addressed based list to an assessor's parcel number based list to achieve simplification and to assist in the application of the yearly trash collection fees applied to each parcel as required by the Orange County Auditor - Controller. CMD shall review the existing "Green Card ", the card left at a residence to explain a violation of the program, and suggest revisions thereto. The revisions shall include producing a two part form that allows CMD to track violations and keep records thereof on an individual parcel basis as is currently done for other agencies served by CR &R. • CMD will arrange tours of the recycling plant whenever requested by Board members or Staff of the District. CMD shall take over the container management program that includes receiving containers, storing containers, returning defective containers, changing the number or type of containers at a residence, keeping a data base of container numbers at each residence, and providing the transportation and manpower to successfully provide a container management program, all at no charge to the District. • CMD agrees to support newly initiated school education and other special programs established by the District to a reasonable degree based on discussions between the District and CMD. CMD shall be responsive and flexible in complying with new programs. • CMD shall appoint a designated contact that a CMSD Director or Staff member can readily contact who is familiar with the District's program and who can readily assist the caller in a professional and knowledgeable manner. CMD shall apprise the District of the type of fuel used by each truck in the fleet assigned to the District along with the status of legislation or court cases pertaining to the use of environmentally safer fuels. With regard to recent court cases pertaining to fleet requirements, CMD will implement an environmentally safer fuel program for CMD trucks. • CMD shall add to its list of services provided to the District, one pickup per month of excess boxes or household furnishings left by a resident leaving the District. The service shall be provided if requested by either the Assistant Manager or Manager /District Engineer of the District. 2 CMD shall agree that the drivers will be properly outfitted with uniforms and identification, will be courteous and accommodating to residents of the District, will not scavenge through trash left at the curb, and will not solicit or accept gratuities for performing services. CMD will provide its employee handbook to District staff to demonstrate that these points are covered with the drivers. • Provide its Employee Handbook to District Staff in order for District Staff to insure that the drivers will be properly outfitted with uniforms and identification, • CMD trucks shall have a clean appearance, shall be driven in compliance with the Vehicle Code and shall have a display meeting the approval of the District. Additional signage shall be as prescribed in the existing agreement with CMD. • CMD shall strive to make customer satisfaction its number one priority and shall provide its log of complaints received to the District on a monthly basis. • The District shall complete a performance review of the trash collection and recycling program on a yearly basis and CR &R and the District shall meet to discuss and resolve problems that may be occurring in the programs. The District shall prepare a performance review form that allows for evaluation of services provided at the residences as well as administrative services including report preparation, accuracy, timeliness of transmittal, responsiveness to inquiries, data base management, service levels and helpfulness. • CR Transfer shall recycle batteries and other electronic waste in conformance with legislation effective in 2006 at no cost to the District. • CERCLA indemnification, flow control and default provisions shall continue as provided in the existing agreements. • In the event of a strike or non - performance of the Agreement, District shall have the right to use CMD's equipment. • CMD shall provide District with a copy of any report, complaint, pleadings or any other communication related to CMD's performance of the Agreement. • CMD to submit list of Board of Directors, officers and all equipment used to perform the Agreement. • CMD to submit an annual review of other cities' comparable trash collection rates and a justification of CMD's rates as being reasonable. • Office hours shall be at least 8:00 a.m. to 5:00 p.m., Monday- Friday, excluding holidays. A responsible and qualified person shall be available by phone toll -free during all regular hours. Service shall be adequate to handle all calls on busiest days. Recorder of voice mail for messages with next business day follow up shall be available. KI • CMD to report any accumulation of trash observed not put out for collection. • CMD agrees to continually update the monthly occupancy count. Agreed in principle: David Ronnenberg on behalf of CR &R, CR Transfer, Costa Mesa Disposal Arlene Schafer President Costa Mesa Sanitary District James M. Ferryman Secretary Costa Mesa Sanitary District Dated: September 2, 2004 4 . C�a %i�eea �ue�i4oae, %cc, A RECEIVED July 1, 2004 Costa Mesa Sanitary District Mr. Robin B Hammers PO Box 1200 Costa Mesa Ca 92628 Dear Rob, J U L - 2 2004 COSTA MESA SANITARY DISTRICT First, I would like to apologize on behalf of Costa Mesa Disposal (CMD) on the delay to present this letter to the Costa Mesa Sanitary District (CMSD) Board. The transitional process of moving the office and operations has taken longer than expected. Converting and integrating two (2) computer systems, customer service, and drivers was a time consuming process that is almost complete. CMD is formally requesting permission from the Board to fully automate the residential refuse collection for the City of Costa Mesa. Our goal is to implement this process within the next sixty (60) to one hundred and twenty (120) days. As discussed in our previous presentation the following items are being requested: 1) Fully automate the residential refuse service at no charge to the CMSD. Benefits to Automation • Reduction in damaged barrels • Reduction in size of fleet and truck traffic • Reduction of driver injuries and claims • Reduction in insurance costs Obstacles in Automation: • Excess trash outside the container • Streets/ Alleys with barriers to automation • Customer acceptance to automation Proposed Solutions to Obstacles: • Drivers/ management will work with residents to ensure that the majority of the trash is contained within the barrel. However, an occasional heavy duty garbage bag next to the container will be picked up. • CMD recognizes that all areas of the city cannot be automated. As a result, some semi - automated routes will remain. • CMD will work with CMSD to continue to educate Costa Mesa residential customers on the benefits of automation. 2) CMD is requesting to delete the C.'MSD phone number from the green cards in an effort to have all Costa Mesa residents call the CMD customer service center. • Once CMD is granted permission all literature will be reprinted and redistributed. 3) CMD is requesting to take over the container management program that includes container inventory, resident requests, and changing containers as needed. CMD has been using one fully automated truck to service residents within the City while painting and refurbishing older CMD equipment with the intent to continue servicing in a semi - automated process. Over time, in some areas of the City the process has become fully automated. As a result, this unplanned pilot program has gained acceptance amongst residents and has shown positive results. Please feel free to contact us directly to discuss or clarify our proposed request to fully automate the residential collection in the City of Costa Mesa. Sincerely, Dan Otting b b- . Cc The Board Joan Revak Tom Fauth or ur r COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS SPECIAL MEETING MARCH 29, 2004 The Board of Directors of the Costa Mesa Sanitary District attended a duly noticed Special Meeting on March 29, 2004 at 6:00 p.m., in Conference Room 1A at the Civic Center, 77 Fair Drive, Costa Mesa. Directors Present: Arlene Schafer, Greg Woodside, Arthur Perry, Dan Worthington Staff Present: Robin B. Hamers, Manager /District Engineer; Thomas A. Fauth, Assistant Manager; Joan Revak, Clerk of the District; Alan Bums, Legal Counsel; Marc Puckett, District Treasurer; Debbie Bjornson and Denise Gilbert, Permit Processing Specialists Others Present: David Ronnenberg and Dan Offing, Representing Costa Mesa Disposal and CR &R, 11282 Western Avenue, Stanton, California I. Presentation by Costa Mesa Disposal (CMD) and CR &R for Improvements to Trash Collection Program Including Request for Implementing Fully Automated Service. CR &R purchased 100% of CMD stock and a straight stock sale leaves the Costa Mesa Disposal Corporation intact. The purchase does not change the contractual relationship between the District and CMD. David Ronnenberg of CR &R and CMD gave a power point presentation showing the history, staffing and services being provided by the companies. The following items were covered: CMD will be painting the trucks blue to match CR &R trucks and the phone number of CMD will be added below the CMD name. CMD will offer recommendations for revising the green regulations card including deletion of the CMSD phone number in order to have all resident calls fielded by CMD administrative staff in Stanton. froth tttlq Our cor/i tit (rliitY.+ lit -,that t1Y'rrouttiirhl S4 If, tf (('t1sh, ntt Si (( ercoffe tion ser('iti'S. t'tt.it.ir/lt ctlStl,r It, It -V iistnct.oF', Costa Mesa Sanitary District Minutes of Special Meeting Held March 29, 2004 Page 2 CR &R is performing a waste characterization study of all its clients including the CMSD and the results will be available by the end of the 1" quarter 2004. CMD will utilize the CR &R computer operations personnel to convert the CMD database that is based on property addresses to a system based on assessors parcel numbers in order to coincide with the District's database. The end result will be a simplification of the database resulting in a more effective occupancy count and ability to analyze and manage the data. • CMD supports implementation of a variable rate structure and upon upgrading the CMD database, options will be presented to the Board. • CR &R currently processes 100% of the District's trash through the Materials Recovery Facility. Batteries are being removed by magnetic separation and are being recycled. CR &R supports the District's consideration of a school battery- recycling program to educate students. CMD is prepared to request approval to provide fully automated service at no cost to the District. CMD can retrofit the CMD trucks with new arms. CMD recognizes the worker's compensation and insurance costs will be greatly reduced with a fully automated system plus CR &R provides fully automated service to 100% of the agencies they serve. Details of a fully automated program, including how to handle excess trash outside the containers, were discussed and will be submitted as part of the written request to provide fully automated service. • CMD is prepared to permanently take over the container management program including keeping a container inventory, handling resident requests, and changing out containers as necessary. CMD recognizes the District's desire for the use of environmentally safer fuels and understands the South Coast AQMD's regulations and the California Air Resources Board's (CARE) regulations in this regard. New CR &R trucks use AQMD and CARB approved fuels. CR &R desires consistency between CR &R trucks and CMD trucks so trucks identical to CR &R trucks would most likely be used inside the District. Mr. Ronnenberg acknowledged that a written request to the Board is required to implement the above changes. The Board of Directors complimented Mr. Ronnenberg and Mr. Otting on their presentation and added the Board looks forward to moving ahead with the proposed improvements. 'rotecting our community's health 6v prmdng soCu caste and1 seuuercotecteon serveces. costa mesasa ruta mfistnc-t.org Costa Mesa Sanitary District Minutes of Special Meeting Held March 29, 2004 II. Public Comments There were no public comments made. President Schafer adjourned the meeting at 7:30 p.m. x UL.2 Secretary, Page 3 Protecting ourcommunity's health 6y providing soCufwaste andsewercollection services. costamesasanitarydistrict. org • �iliiiiir.JxBffl � 4-YAW I ��' u ililil''IWN Memorandum ... an Independent Specia(Dastrict To: Board of Directors Staff From: Robin B. Hamers, Manager /District Engineer Date: January 22, 2004 Subject: Update on CMD Management of Trash Collection Operation Staff members Rob Hamers, Tom Fauth and Joan Revak met with CR &R officials David Ronnenberg and Dan Otting on January 21, 2004 to discuss the progress of CR &R's reorganization of the Costa Mesa Disposal (CMD) management. Various items were discussed and the progress of each is shown below. In review, CR &R has purchased 100% of the CMD stock and a straight stock sale leaves the CMD Corporation intact. The purchase does not change the contractual relationship between the District and CMD, therefore, all references below are to CMD. The discussion covered the following items: ® CMD will be painting the trucks blue to match the CR &R blue trucks. The phone number of CMD will be added below the CMD name. ® The CMD property on Placentia Avenue is up for sale and the CMD operation will remain at the Placentia Avenue headquarters until close of escrow. ® CMD Office Manager Dee Cernak is the only previous CMD office worker still in employment and will stay on to assist new CMD Operations Manager Dan Otting. ® CMD desires the CMSD phone number to be deleted from the green regulations card in order to have all resident calls be fielded by CMD administrative staff in Stanton. CMD will furnish other recommendations for revising the regulations card. Protecting our community's health by providing sold waste and sewer cotTection services. costamesasanitarydistrict. org Update on CMD Management of Trash Collection Program January 22, 2004 Page 2 ® David Ronnenberg will revise the item on the Waste Diversion Report shown as "Other (Concrete /Asphalt/Wood)" to delete the reference to concrete, asphalt, and wood and substitute a more correct explanation for the category that includes food, small particulate matter and inert materials. ® CR &R is performing a waste characterization study of all its clients including the CMSD and the results will be available by the end of the 1 st quarter 2004. ® CMD will be writing a letter to Roto Industries that the lifting bars supplied by Roto during the standardized container rollout did not meet bid specifications and the failure of the substandard small diameter bars placed undue stress on the container material weakening it in the bar area. CMD will utilize the CR &R computer operations personnel to convert the CMD database that is based on property addresses to a system based on assessor's parcel numbers in order to coincide with the District's database. The end result will be a simplification of the database resulting in a more effective occupancy count and ability to analyze and manage the data. ® CMD supports implementation of a variable rate structure and upon upgrading the CMD database, options will be presented to the Board. The CMSD Assistant Manager previously provided a potential program to the Board. CR &R currently processes 100% of the District's trash through the Materials Recovery Facility and batteries are being removed by magnetic separation. The batteries are being recycled and CR &R will also accept batteries obtained through a school recycling program. CR &R supports the District's consideration of a school battery- recycling program to educate students. CMD understands that the implementation of fully automated service requires Board of Director approval and is prepared to seek such approval. CMD is prepared to request approval to provide fully automated service at no cost to the District. CMD can retrofit the CMD trucks with new arms. CMD recognizes the worker's compensation and insurance costs will be greatly reduced with a fully automated system plus CR &R provides fully automated service to 100% of the agencies they serve. Details of a fully automated program, including how to handle excess trash outside the containers, were discussed and options will be presented to the Board. ® CMD is prepared to permanently take over the container management program including keeping a container inventory, handling resident requests, and changing out containers as necessary. (Protecting our community's health by providing sofidwaste andsewercotCection services. costamesasanitarydistrict. org Update on CMD Management of Trash Collection Program January 22, 2004 Page 3 CMD recognizes the District's desire for the use of environmentally safer fuels and understands the South Coast AQMD's regulations in this regard. New CR &R trucks use AQMD approved fuels. CR &R desires consistency between CR &R trucks and CMD trucks so trucks identical to CR &R trucks would most likely be used inside the District. David Ronnenberg was very pleasant and accommodating and it appears the restructuring of CMD management by CR &R will bring the District's program into the state of the art. Staff was very pleased with the meeting. In order to bring all the above - described items into a recognizable plan, Mr. Ronnenberg will be preparing a master plan and time frame for implementation of the desired improvements. At the February regular Board meeting, Staff will be requesting the Board select a date for a special meeting to review the proposed master plan. The master plan will also include a written request from CMD to implement a fully automated program. Please call if there are any questions regarding the above information. cc: David Ronnenberg, CR &R Dan Otting, CR &R Trotecting our community's health 6y providing sofidwaste andsewercodection services. costamesasanitarydistrict. org ALAN A BURNS JOHN R. HARPM' COLrN P, BURNS BP COU16F1 JuDi A. CURT47° MICHAEL MONTGO WRY ° 'A PROMSIONAL LVRPORAnON L-AW OM(,'FS OF f ARPER & BURNS LLP A LIWF13D LLABR.ITT PA1tTM'RSt11P 1WCUMING A PROFSS1ONAL CORPOKNWN 451 S. CiLASM I STRF.Ei ORANGE CALIFORNIA 92666 RCYF3LS10E-L5ANJffMNARDMU)- (909) 674 -6598 TO: District Manager / Engineer FROM: District Counsel DATE: June 7, 2004 (714) 771 -7728 FAX (714) 744 -1350 RE: Costa Mesa Disposal Contract Amendment Rob - the following is a proposed checklist of items for possible negotiation in any Costa Mesa Disposal ( "CMD ") contract amendment: 1. We should have a clear description of CMD and how the stock is owned. 2. We need a provision that the District's consent to assignment extends to the sale of 40% of the stock or if control of the corporation passes. 3. We should try to determine if there is airy relationship between CMD and Roto Industries. 4. We should provide CERCLA indemnification and guarantees that all waste will be delivered to Districts designated facility (flow control). 5. Right to direct additional services, subject to fair compensation being paid. b. Conversion of the vehicles to alternate fuels. 7. Display on vehicles. 8. Vehicle cleaning schedule. 9. Vehicles to be driven in compliance with Vehicle Code. • ,i 10. CMD shall properly cover its loads. 11. All employees shall wear uniforms with name identification. 12. Employees shall not solicit nor accept any gratuities for performing services pursuant to the franchise. Tna YVA F.T:ZT VOOZ /LO 190 Costa Mesa Sanitary Distri ct Costa Mesa Disposal Agreement June 7, 2004 Page 2 11 CMD to report any accumulation of trash observed not put out for collection. 14. CMD shall conduct annual audit of its route including premises, containers, etc. 15. CMD shall provide to each customer on at least a quarterly basis, listing of services offered, rates, hours of operations, etc. 16, Office hours shall be at least 8am -5pm, Monday- Friday, excluding holidays. A responsible and qualified person shall be available by phone toll -free during all regular hours. Service shall be adequate to handle all calls on busiest days. Recorder of voice mail for messages with next business day follow up shall be available. 17. Log of complaints and resolution to be maintained and available to District for two years. 18. Government liaison person must be identified who will be available at all reasonable times. Cell phone to be given and/or other means by which can be reached after hours. 19. Public education — do we need more? 20. Community events support — do we need more? 21. Rates - review how calculated and what increases necessary. Should we revise? 22. Performance review each year or every two years. A. Performance review of contract, number of complaints, etc. B. Compliance with laws. C. Responsiveness to City's needs, flexibility in complying with new programs. D. Reports submitted on time and accurately. E. CMD to submit an annual review of other cities' comparable trash collection rates and a justification of CMD's rates as being reasonable. F. CMD to submit list of Board of Directors, officers and all equipment used to perform the contract. G. Based on such periodic review Board of Directors will make determination as to whether to allow evergreen clause to continue or whether such term shall be wound down. 23. CERCLA defense records - manifests of all trash collected and where deposited. 70131 XV-4 ET :ZT 600Z /LO /90 Costa Mesa Sanitary District Costa Mesa Disposal June 7, 2004 Page 3 24. Records of segregation of material /recycling, etc. CRT? 25. District right to demand a certified audit of CND's books. 26. CMD shall provide District with a copy of any report, complaint, pleadings or any other communication related to CMD's performance of this Agreement. 27. Indemnification, etc. - needs revision? 28. Insurance - review for adequacy and form. 29. Bonds — review? 30. City's right to take over contract in the event of non - performance - use CND's equipment, etc., not a "taking" to do so because of default. 31. Rights in the event of a strike take over collection? 32. Events causing default {listed). 33. Penalties for various failures in service. 34. Preservation if rights of privacy of customers - contents of trash not to be invaded, etc. 35. Compliance with investigation laws. 36. Agree to fully cooperate in any review of service or billing issues. The above is simply meant as a checklist for internal discussion. aL., Alan R. Burns District Counsel en 531 YU ET:Zl VOOZ /LO /90 I � :71iu171►r THIS AGREE= is made and entered into this % day of JOA--,—� , 1994 by and between the Costa Mesa Sanitary District of Orange County, California, hereinafter referred to as "DISTRICT" and Costa Mesa Disposal, Inc., referred to as RECITALS: 1. This contract is entered into in furtherance of the concern of the State of California and the DISTRICT in the public health, safety and well being of its citizens as expressed particularly in Sections 40002, 40058, 40059 and 49510 of the Public Resources Code of the State of California, as these sections relate to DISTRICT authority in the matter of solid waste enterprises and the collection and disposal of solid waste. 2. DISTRICT and CONTRACTOR, as a solid waste enterprise, have entered into an agreement dated January 11, 1979 which was subsequently amended on May 12, 1983; July 28, 1989; February 28, 1990; and August 15, 1991 relating to the collection and disposal of solid waste from single family dwellings within DISTRICT's geo- graphical boundaries. 3. DISTRICT and CONTRACTOR recognize that changes of circumstances make it necessary that the terms of this agreement and its amendments be consolidated and updated to more accurately express the needs of the community with particular reference to the reclamation, recycling and marketing of solid waste produced and originating from single family dwellings within the DISTRICT and providing for additional ,services not heretofore offered to the residents of DISTRICT. 4. DISTRICT and CONTRACTOR desire to revise and rewrite said amended aQree- ment now in force, modifying certain terms thereof and to set forth their respec- tive rights and liabilities in connection therewith. -1- N04�, THII2EFORE, for an in consiaeration of the teams herein set forth, performed and to be performed, DISTRICT and CONTRACTOR agree as follows: GIIZRAL PROVISIONS CONTRACTOR agrees to furnish all labor, material and equipment necessary for the collection of all solid waste as hereinafter defined from single family dwell- ings and multi - family dwellings using curbside service within the boundaries of the Costa Mesa Sanitary District of Orange County, California, except those residences in the geographical limits of the City of Newport Beach, as said boundaries now exist or may hereafter exist and the disposal of such solid waste as- hereinafter provided. In consideration for the aforesaid things to be done by CONTRACTOR, DISTRICT agrees to pay CONTRACTOR the consideration hereinafter set forth. 2. TERM The basic term of this contract shall be for six (6) years; provided, how- ever, that said basic term shall not begin until one (1) year after the execution of this agreement. Thereafter, the basic term of this contract shall be extended annually so that the contract shall continue to have a basic term of six (6) years, subject to termination and renewal provisions as are hereinafter provided. Any extension of this contract, whether annually or otherwise, shall be subject to satisfactory performance of CONTRACTOR and CONTRACTOR has no vested right in the initial term, or the basic term, or any renewal thereof, if in the judgment of DISTRICT the performance of CONTRACTOR has been unacceptable. Notwithstanding the provisions of Paragraph 26. DEFAULT, the basic term of this contract may be extinguished by eit:er party by such party's giving the other one hundred twenty (120) days notice in writing of its intention to terminate and at the end of said one hundred twenty (120) da,,, period, this agreement shall be terminated and the basic term shall no longer exist. -2- 3. • 1 �� • •• - • • " - 41 As compensation for the performance by CONTRACTOR of the work described in this agreement, DISTRICT shall pay to CONTRACTOR each calendar month during the term of this agreement the rate specified in Exhibit "A" as adopted from time to time by Board resolution. CONTRACTOR and DISTRICT agree that the rate shall be applied to all "occupancies ", as hereinafter defined, to derive the correct sum for services performed by CONTRACTOR for the one -month period just concluded.. Each monthly payment shall be made the day following the meeting of DISTRICT* 's Board where said payment was approved, said payment to be for the previous calendar month. 4. FORMULA FOR COMPENSATION CALCULATION The basic rate as set forth in Exhibit "A" of this agreement shall prevail frcm June 30 to July 1 of each fiscal year. Theraf ear said rate shall be adjusted by an amount equal to the percentage change in the cost of doing business as mea- sured by the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index, for All Urban Consumers for the Los Angeles -Long Beach Area, All Items (1967 = 100) for the month of May each year to become effective the July 1 immediately following. Each increase or decrease in calculation of basic occupany rate occur- ring as a result of this method of determining said rate shall be deemed a new basic rate for purposes of calculation for subsequent years in the term of this contract. In no event shall said percentage change upon which any increase in compen- sation is calculated exceed an increase of three (30) percent for each successive fiscal year. -3- 5. SOLID WASTE DISPOSAL DISTRICT represents that it has a contract with CR TRANSFER for the accep- tance of solid waste from the DISTRICT for the purpose of recovery and reclamation of recyclable materials and for the transfer of unrecycled residue to Orange County landfill sites, which said contract's term expires October 31, 1996. In the event said contract is not renewed or is terminated for any reason prior to its expiration date, DISTRICT reserves the right to direct the flow of solid waste produced and collected hereunder to any succeeding recycling firm with Which DISTRICT has contracted, provided, however, that in the event mileage to the succeeding recycling firm has increased ten (100) percent over the mileage present- ly in effect between DISTRICT and CR TRANSFER, CGVMCTOR shall be entitled to additional compensation based upon acceptable proof submitted to DISTRICT of actual increased costs; and provided further, that if the mileage decreases in excess of the same percentage, DISTRICT shall be entitled to a reduction in compensation it is obligated to pay. DISTRICT represents that it has in force a contract with the CITY OF COSTA MESA, dated November 5, 1993, renewable annually, exempting DISTRICT from certain fees established by the City relating to the City's obligations under the Integra- ted Waste Management Act of 1989 (popularly known as AB -939). Certain provisions of that contract require that DISTRICT rely upon the cooperation and performance of CONTRACTOR and CONTRACTOR agrees that such coopera- tion and performance which is attributable to CONTRACTOR will be performed. Speci- fically, CONTRACTOR will participate in the education program required by AB -939 either in money or services at the option of DISTRICT with the level of participa- tion to be set by DISTRICT and will provide such reports as are required of the DISTRICT by the City. -4- DISTRICT contemplates that its present recycling contract and any renewal thereof or any contract with any recycler will not require curbside sorting. If, however, circumstances should arise requiring curbside sorting, such circumstances shall not void this contract and pickup of sorted material for delivery to recycle points shall continue. CONTRACTOR may be entitled to additional compensation upon proof of additional costs incurred because of curbside sorting. DISTRICT represents that in the future it intends, if practical, to engage in a limited household hazardous waste pickup program, its initiation to depend upon cost analysis and insurance requirements as well as other factors: CONTRACTOR agrees that it will participate in said hazardous waste pickup program to the extent it can qualify as a hazardous waste transporter and at a cost to DISTRICT to be negotiated at the time such program is instituted. CONTRACTOR is equipped to and is in the business of providing fully automa- ted mechanical pickup systems for pickup of solid waste. CONTRACTOR will provide a report to DISTRICT of any cost savings to DISTRICT by instituting a DISTRICT -wide fully automated mechanical system. Said report will be in writing and due not more than one hundred twenty (120) days from the date of this agreement. DISTRICT will provide CONTRACTOR with copies of all agreements, and amend- ments thereto, which affect CONTRACTOR's performance hereunder including, but not limited to, the contract with CR TRANSFER, or any other recycler with which DIS- TRICT may contract; the November 5, 1993 AB -939 contract; and any subsequent con- tract with the City of Costa Mesa or any other entity relating to DISTRICT's obli- gations affecting solid waste pickup and disposal. 6. LARGE ITEM PICKUP DISTRICT represents that it conduc-.s an annual program for pickup of large items not normally eligible to be picked _,D as part of this contract. As part of this contract, and for the cc-Sid=-ration s_- forth herein, CONTRACTOR will provide for the pickup of discarded - attresses, refrigerators, water heaters, washers, driers, sofas, stoves, tam =es, lumber of not more than four (4) feet in length, and other furniture and appliances on an annual basis. CONTRACTOR will not be required to pick up tires, tree limbs, asphalt, car bodies, chemicals, hazardous waste, concrete, oil drums, paint cans, !Duilding materials or soil. CONTRACTOR shall provide written notification to residents of DISTRICT of services to be provided no fewer than ten (10) working days prior to commencing such service. Notices of such service shall be either delivered by hand to each resident in person or placed on the door of each residence. The notices delivered to residents by CONTRACTOR shall contain_ CONTRACTOR's name and business telephone number. The notices shall specify those articles which will and will not be col- lected. Such notices shall furthe -r state that if items are placed for pickup later than the time stated in the notice or after the collection vehicle has passed, a service fee will be charged by CONTRACTOR to the resident requesting pickup. CONTRACTOR shall pay for and coordinate with DISTRICT the publishing of an additional advance notice using the local newspapers to inform residents of the program. Said notification will include the statement that neither DISTRICT nor CONTRACTOR will abe responsible for ite: placed at the curb which are ineligible for pickup. Items picked up pursuant to this agreement shall be transported by CONTRAC- TOR to the appropriate County of Orange = a7�dfill disposal site or to an established recycling center at CONTRACTOR's opt-on. DISTRICT shall be responsible for and pay tipping charges at the landfill for thcs= loads going to a landfill. No payment will be made for material taken to recycling centers. CONIRACTOR shall begin work at a date set by the Manager of DISTRICT after having given CONTRACTOR ten (10) days notice of said starting date and shall be completed within sixty ( 60 ) working days from the first day of commencement of the work. 7. nVVTMTmrnT,lc A. Definition of Solid Waste Solid waste shall be as defined in Section 40191, Public Resources Code, as may fran time to time be amended with the exceptions as set forth therein, providing further that solid waste shall not include large item pickup material provided for elsewhere in this agreement. Solid waste shall include Christmas trees and telephone books not disposed of by separate event provided for elsewhere in this agreement. B. Definition of Occupany An occupancy is determined to be as follows: 1. A single living unit per Assessor's parcel - one occupancy. 2. Multiple living units per Assessor's parcel - first living unit - one occupancy; each additional living unit - one occupancy. lot. Beach; 3. Mobile home lots per Assessor's parcel - one occupancy per trailer C - Occupancy Exemptions 1. Property both within the DISTRICT and within the City of Newport 2. Multiple resdential properties including mobile have parks contrac- ting for or using private services and having qualified for DISTRICT exemption; -7- thereon; 3. Undeveloped parcels until one or more living units are constructer 4. Parcels incapable of generating rubbish and garbage as defined herein; 5. Parcels with improvements requiring a type of service unavailable from 6. Those parcels which have applied for and been granted exemptions by DISTRICT, in accordance with DISTRICT rules and regulations; use. 7. Those parcels irrespective of zoning which are subject to a carmercial D. Initial Occupancy Calculation The occupancy for which CONTRACTOR will be compensated shall be determined from the special assessment roll for each fiscal year of July 1 through June 30 as the same is maintained on file in the DISTRICT office as the basic occupancy and will be readjusted annually based upon the special assessment roll for each suc- ceeding year. The occupancy count may be increased or decreased monthly and it is under- stood and agreed by and between the parties hereto that said increase will be determined by any occupancy permits and demolition permits issued by the Building Department of the City of Costa Mesa or other entity having jurisdiction within the DISTRICT. The occupancy count may also be increased whenever CONTRACTOR is able to determine to the satisfaction of DISTRICT that any parcel coming within the exemp- tions as heretofore set forth is no longer exempt and that CONTRACTOR is in fact actively engaged in the weekly collection of trash from said occupancy. The occu- pancy count may also be adjusted by a field survey conducted by DISTRICT in which CONTRACTOR may participate if it desires. 8. FREQUENCY OF COL=ION A. Solid waste - Weekly CONTRACTOR shall collect all solid waste from residential areas once each week. "Residential Area" is defined generally as any area located within the Costa Mesa Sanitary District zoned for residential or agricultural use by the governmen- tal body having jurisdiction over such area and used for residential purposes. B. Telephone Directories - Annually DISTRICT represents that for thirty (30) days each year it engages in a telephone directory recycling program in conjunction with Pacific Bell Directory, publisher of the direcory. CONTRACTOR agrees that it will, without cost to DIS- TRICT or the directory publisher, for so long as the program exists yearly, provide not less than thirteen (13) bins and as many more as may be needed from time to time to be placed at locations selected by DISTRICT for the collection of said directories. CONTRACTOR further agrees to service said bins as they fill and to periodically transport them to CR TRANSFER or to such other recycling center as may be designated by DISTRICT, all at no cost to DISTRICT. C. Christmas Trees - Annually DISTRICT represents that it conducts an annual Christmas tree recycling program for residents within the DISTRICT. CONTRACTOR agrees that it will, for a period of thirteen (13) days, without cost to DISTRICT, so long as the program is in effect, make a daily pickup of trees placed at curbside and will transport the trees to a location within the DISTRICT selected by DISTRICT for recycling into mulch. CONTRACTOR will not be required to provide a grinder or chopper used to reduce trees to mulch. Q Q SCHE = OF COLLECTIONS A. Initial Schedules Beginning with the date hereof, the existing routes, schedules and times for the collection of solid waste shall be maintained and continued by CONTRACTOR. B. Change of Schedules From time to time during the period of this contract, the Manager of DIS- TRICT may change the existing routes and schedules and time of collection and CONTRACTOR shall thereupon maintain such new schedule. CONTRACTOR may request changes in routes, schedules and times for collection of solid waste and, upon receipt of consent of Manager of DISTRICT, and upon one week's notice in advance to the occupants of all occupancies, may commence such new schedule. The Manager of DISTRICT shall have the right at all times during the term of this contract to require CONTRACTOR to maintain routes, schedules and times for collection of solid waste as required by said Manager. All notices required to be given pursuant to this contract shall be given by CONTRACTOR at his own expense. 10. HOURS OF COLLE'TION The DISTRICT Manager shall have the right to authorize CONTRACTOR to collect solid waste at scheduled hours that said Manager finds will not constitute a nui- sance to the neighborhood. 11. HOURS Collection of solid waste shall not be made on Sunday. Collection of solid waste shall not be required on the following legal holidays: New Year's Da%, -10- Memorial Day, Fourth of July, labor Day, Thanksgiving Day and ChristiTos, except in cases of emergency or as otherwise required by DISTRICT. Whenever a regular col- lection falls on such a holiday, the collection shall be made on the following working day, and collections throughout the DISTRICT shall become current within one week thereafter. 12. DISRUPTION OF SCHEDULE A. Holiday pickups which are not set forth in Paragraph 11 may be omitted entirely provided, however, that the DISTRICT Manager may require CONTRACTOR to pick up said holidays schedules, if in his judgment, said pickup is necessary for the health, safety and welfare of the persons living within the DISTRICT. Pickups on holidays not set forth in Paragraph 11 must be picked up unless DISTRICT Manager authorizes otherwise. B. In the event of a disruption of service in any area due to weather, an act of God, failure of equipment or otherwise, CONTRACTOR shall make such collec- tion within seventy -two (72) hours. Labor disputes shall not be considered as excuses for nonperformance hereunder as defined in Section 1511, California Civil Code and CONTRACTOR shall provide for solid waste collection service within one week of any disruption due to strike, lock -out, walk -out, boycott or other labor dispute. C. In no event shall CONTRACTOR disturb the remaining schedule for solid waste collection or pickup. On the holiday mentioned, and in the event of a dis- ruption of service by reason of an act of God, or otherwise, the regular schedule shall be maintained and the missed pickup shall be made without disturbing in any way the rest of the regular schedule. D. CONTRACTOR shall forthwith advise DISTRICT in writing at the time any negotiations are undertaken between CONTR,-V=_ R and its employees relating to wages and benefits and CONTRACTOR shall be obligated to report the status of said negoti- ations from time to time in a frequency established by DISTRICT, which said fre- quency shall not be burdensome upon CONTRACTOR but shall be sufficient to advise DISTRICT of the status of said negotiations including any pending strike, lock- out, walk -out, boycott or other labor dispute. CONTRACTOR may also be r sired, at the option of DISTRICT, to provide DISTRICT in writing with a plan of procedure to be implemented by CONTRACTOR to serve DISTRICT in the event of a disruption of service by labor dispute. 13. CONTRACTOR'S EQUIPMENT CONTRACTOR shall provide adequate equipment for the collection of solid waste. Each vehicle used for the collection of solid waste shall have the name of the CONTRACTOR plainly visible on the outside of said vehicle for the purpose of identification. All equipment used for collection of solid waste shall be enclosed to ensure that solid waste is not spilled on streets and private properties. CONTRACTOR shall comply with all requirements of the Health Department and all equipment used for collection of solid waste shall be watertight and shall be covered with suit- able waterproof tarpaulins, metal covers or other satisfactory covers. No solid waste shall be permitted to leak, fall or be spilled upon City streets or alleys or onto private property. Any such leakage or spillage shall be immediately corrected and the area cleaned by CONTRACTOR. All equipment used by CONTRACTOR for the collection of solid waste, pursuant to this contract, shall be subject to inspection by the Manager of DISTRICT and any defects in such equipment found to exist shall be immediately corrected by CON- TRACTOR. -12- 14. CARE OF CONTAINERS All containers, including the lids thereof, shall be replaced where found in an upright position. Containers and lids shall not be left in the street or on a neighbor's lot. Containers shall not be thrown from the truck to the pavement or in any way broken, damaged or roughly handled. DISTRICT reserves the right to withhold compensation under the contract until any claim for damaged containers has been paid or adjusted with the owners thereof. cases: 15. LIMITATIONS ON SOLID WASTE COLLECTION CONTRACTOR shall not be obligated to collect solid waste in the following A. Where the solid waste is not placed in an adequate container. ( "Ade- quate container" shall be any container approved by the Board of DISTRICT from time to time as set forth in the rules and regulations established by the Board.) B. In addition to the foregoing, reference is hereby made to the rules and regulations adopted by DISTRICT, if any, for the collection of solid waste and regulations as the same now exist, or may hereafter exist if changed by said DIS- TRICT, and the same are included in this contract as an integral part hereof. 16. CONTRACTOR shall furnish a Faithful Performance Bond in the sum of Fifty Thousand ($50,000.00) Dollars written by a surety company licensed to do business in the State of California and in form approved by Attorney for DISTRICT. 17. PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE CONTRACTOR shall be required to maintain in full force and effect during the term of the contract a public liabilitv policy with a combined single limit of -13- Five Million ($5,000,000.00) Dollars for the benefit of the third persons who rrj_v be injured or damaged as a result of any negligent operation of CONTRACTOR in the performance of his work under this contract, which said policy shall name DISTRIC'_' as an additional insured thereunder. CONTRACTOR further agrees to keep on file with DISTRICT a certificate or certificates of insurance, duly executed by CONTRACTOR's insurance carrier or carriers, which shall serve as evidence of the continued existence of said insur- ance policies. DISTRICT shall not, nor shall any officer of enployee thereof, be' liable or responsible for any accident, loss or damage happening or occurring in the doing of the work, and CONTRACTOR shall indemnify and hold harmless the DISTRICT and its Board, officers and employees of any and all liability arising therefrom, including any attorney fees incurred in the defense of any such action. DISTRICT and CONTRACTOR agree that the extension of this contract beyond its due date for good and valuable consideration is not a DISTRICT project as defined by Section 20801, Public Contracts Code, and thus does not come within the require- ments of Section 20803, Public Contracts Code. In the event, however, that any action is instituted raising the question of said requirements, the indemnity and hold harmless herein shall extend to include any attorney fees incurred in the defense of any such action. WORKERS' COMPENSATION: INSURANCE CONTRACTOR shall also maintain in full force and effect during the term of this contract a workers' compensation policy and such other forms of insurance as shall be required by law, and shall provide a certificate or certificates of insur- ance naming DISTRICT as an additional insured in each case. -14- 19. RULES, LAWS AND REGULATIONS CONTRACTOR shall abide by all the rules, laws and regulations of DISTRICT, the City of Costa Mesa, County of Orange, State of California and all other govern- mental agencies having jurisdiction. 20. CONTRACTOR hereby designates the Manager of DISTRICT as its agent for the purpose of receiving complaints and investigating and rectifying faildres of ser- vice. DISTRICT shall have the right to charge CONTRACTOR for each service call, as hereinafter defined, made by Manager of said DISTRICT; provided however, that the maximum charge for service calls for any one month shall not exceed Five Hundred ($500.00) Dollars. The amount of such service charges for each month shall be deducted from the payment due CONTRACTOR by DISTRICT for the next month. "Service Call" as herein defined shall mean an actual trip made by DISTRICT Manager, or an employee of the DISTRICT, to rectify a failure of service on the part of CONTRACTOR in solid waste collection. CONTRACTOR shall employ a foreman, to be approved by DISTRICT, to be as- signed to the DISTRICT operation, to oversee the work and-to handle complaints arising from the operations pursuant to this contract. Said foreman shall be assigned full time to the DISTRICT and his entire expenses shall be paid by CON- 21. TV TNM /7-7 T D('D In the event that CONTRACTOR, for any reason, no longer hauls solid waste to any recycler or recycling center and must haul to a County landfill site and in the -15- event the Count✓ of Orange imposes a charge b..- the day, or by the ton, or uoon each truck, or upon each company for the privilege of disposing of solid waste in the County facilities, CONTRACTOR shall have the right to request a meeting with the Board of DISTRICT for the purpose of negotiating with said Board to determine what share, if any, of said charge shall be paid by DISTRICT. The agreement to negoti- ate by DISTRICT is not to be regarded by CONTRACTOR as a commitment on the part of DISTRICT to pay any portion of said dump charge imposed by the County of Orange, and DISTRICT will be obligated to pay only that portion, if any, of said dump charges that are determined as the result of the negotiations as provided for herein. 22. LICENSES AND PERMITS CONTRACTOR agrees to maintain during the life of this agreement all licenses and permits required by any governmental agency. CONTRACTOR further agrees to comply with such rules and regulations of the City of Costa Mesa adopted by ordi- nance or resolution relating to City's requirements under the California Integrated Waste Management Act of 1989 (Section 41070, et- seq., Public Resources Code) and to promptly rectify any default which may occur. 23. NONDISCRIMINATION EMPLOYMENT No regular employee of DISTRICT will be employed by CONTRACTOR while this agreement is in effect. In performing this agreement, CONTRACTOR will not engage in, nor permit its agent to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, physical handi- cap, medical condition, marital status or sex, except as permitted pursuant to Section 12940 of the Government Code. Viola =ion of this provision may result in the imposition of penalties referred to in Labor Code, Section 1735. -16- CONTRACTOR shall perform the services herein contemplated in coupliance with the Federal and California laws concerning minimum hours and wages (Davis -Bacon Act, 40 U.S.C. 276a, et seq.,, and Califo=ia Labor Code, Sections 1171, et seq.), Occupational Health and Safety (29 U.S.C. 631, et seq., and California Labor Code, Sections 6300, et seq.), Fair Employment Practices (29 U.S.C. 201, et seq., and California Government Code, Sections 12900, et seq.), Workers' Ccarpensation Insur- ance and Safety in Employment (Divisions 4 and 5 of the California Labor Code) and all amendments thereto, and all similar State or Federal laws to the extent that they are applicable; and CONTRACTOR shall indemnify and hold harmless DISTRICT from and against all claims, demands, payments, suits, actions, proceedings and judg- ments of every nature and description, including attorney fees and costs, pre- sented, brought or recovered against DISTRICT for or on account of any liability under any of the above- mentioned laws which may be incurred by reason of any work performed by CONTRACTOR under this agreement. CONTRACTOR is and shall be acting at all times as an independent contractor and not as an employee of DISTRICT. CONTRACTOR shall secure, at his expense, and be responsible for any and all payment of income tax, social security, State disa- bility insurance ccnipensation, unemployment compensation and other payroll deduc- tions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, that are required in connection with the services to be performed hereunder. 24. DRUG -FREE WORKPLACE CONTRAC'T'OR shall establish a Drug -FYee Awareness Program to inform employees of the dangers of drug abuse in the workplace, the penalties that may be imposed upon employees for drug abuse violations occurring in the workplace, and the em- ployee assistance programs available to employees. Each employee engaged in the performance of a DISTRICT contract must be notified of this Drug -Free Awareness Program and must abide by its terms. Failure to establish a program, notify em- ployees or inform the DISTRICT of a drug - related workplace conviction will consti- tute a material breach of contract and cause for immediate termination of the contract by DISTRICT. 27. NON- ASSIG'\,-�BILITY CONTRACTOR shall not voluntarily cr by operation of law assign, transfer, sublet or encumber all or any part of `ONTRACTOR's interest in this agreement -1 -- without DISTRICT's prior written consent. Any at-�.empted assignment, transfer, subletting or encumbrance shall be void and shai_ constitute a breach of this agreement and cause for termination of the agreement. Regardless of DISTRICT's consent, no subletting or assignment shall release CONTRACTOR of CONTRACTOR's obligation to perform all other obligations to be performed by CONTRACTOR hereunder for the term of this agreement. 26. f\v!WWAINal- Failure on the part of CONTRACTOR to comply with the terms and provisions of the contract shall be grounds for the DISTRICT to terminate the contract. In the event of breach of contract, or default on the part of CONTRACTOR, DISTRICT may, at its option, notify CONTRACTOR of its intention to terminate this contract. Said notice shall be given in writing and mailed to the address of CONTRACTOR on file with the DISTRICT or DISTRICT Manager. Said contract shall thereupon be deemed terminated forty -eight (48) hours from and after the hour said notice is deposited in the United States mail. In the event of such cancellation, CONTRACTOR shall remain liable for any damage and loss sustained by DISTRICT in the collection of solid waste, including all costs incurred by DISTRICT in the negotiation of a new contract. In the event of a default as herein defined, DISTRICT shall have the author- ity to take whatever steps are necessary to ensure the collection of residential solid waste including, but not necessarilv limited to, the employment of another contractor or contractors, employment of izs own work force with rental equipment, or by such other means as the DISTRICT, in i =s sole discretion, may employ for this purpose. In the event of a defaul= as here =ofore set forth, because of work stop- page or for any other reason, DISTRICT reserves the right to be reimbursed for its W" expenses incurred in maintaining residential solid waste service as provided for in this contract, and in the event after demand CONTRACTOR fails to reimburse DISTRICT for its expenses incurred as aforesaid, DISTRICT reserves the right to call upon. CONTRACTOR's performance bond for said reimbursement. DISTRICT agrees to first make demands upon CONTRACTOR for said reimbursement prior to applying to CONTRAC- MR's surety for this purpose. The waiver of any breach of the terms of this contract shall not be deemed a waiver of any recurrence of the same or any other subsequent breach of said con- tract. 27. CANCELLATION OF EXISTING AGREEMENT The agreements now in existence dated January 11, 1979, May 12, 1983, July 28, 1989, February 28, 1990 and August 15, 1991 are hereby cancelled effective as of the date of this agreement. Said cancellation shall not affect the rights of CONTRACTOR to any compensation payable to him under said cancelled contract not yet paid by DISTRICT nor shall it relieve CONTRACTOR of any liability which has accrued and exists and is outstanding as of the date hereof. No LIAISON DISTRICT and CONTRACTOR shall each designate an individual to act as liaison between DISTRICT and CONTRACTOR as the respective agents of each which are named as follows: DISTRICT Name G rC J ,tJ T. ,. e. l c h /,- - /(g Y )7 0 ,).L> Name Address �2 is - rz_� e -e ,-, -,rr Address (7/ q) 73_V- 'J IY36 ( /`/) �- t/ 6, - yG / 7� Phone/FAX Phone /FAX -19- Said designated agents may designate alternates by notifying the other in writing of such designation. 29. FRANCHISE ALTERNATE It is further understood and agreed by and between the parties hereto that certain legislative and Constitutional tax limitations may render DISTRICT unable to meet its financial obligations with CONTRACTOR. In such event and upon notice duly given by DISTRICT to CONTRACTOR in writing, this contract shall be deemed null, void and of no further force or effect. In such event DISTRICT shall be obligated to pay CONTRACTOR through and including the last week of solid waste collection immediately preceding such termination date and DISTRICT shall not be obligated to make any payment to CONTRACTOR beyond said termination date. In the event of such termination, CONTRACTOR may apply to DISTRICT for a franchise for the collection of residential refuse within the DISTRICT and may be granted a franchise under terms and conditions as determined by the Board of Direc- tors of DISTRICT at the time the said franchise is granted. Any franchise granted shall comply with the California Integrated Waste Management Act of 1989 as amended (heretofore cited) and shall meet franchising requirements of the City of Costa Mesa. Said franchise shall, among other things, provide that CONTRACTOR shall be fully responsible for collection of fees from individual residences and shall establish a system of invoicing and charges for said services. Said franchise shall also include, among other things, the right of DISTRICT to determine whether or not CONTRACTOR's charges are excessive and to require adjustments in said charges to ensure reasonable profit to CONTRACTOR and to ensure a fair and equi- table charge to residences being served. -20- 30. T TN-IT Trt" - In the event that litigation is brought by any party in connection with this agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof, all as authorized by Section 1717, Civil Code. 31. This agreement constitutes the sole and exclusive agreement between the parties and cannot be amended, changed or otherwise modified except in writing signed by both CONTRACTOR and DISTRICT. IN WITNESS WHEREOF, we have placed our hands and seals, making this agree- meet effective on the day and year first written. DATED: ATTEST: COSTA MESA SANITARY DI LIZA DATED : ;2, y y y ATTEST: By: STRICT � • • 4 -21- ADDENDUM NO. 1 This Addendum to Agreement is made and entered into this A�day of z - , 1997 by and between the COSTA MESA SANITARY DISTRICT (hereinafter `'District ") and COSTA MESA DISPOSAL, INC. (hereinafter referred to as "Contractor "). RECITALS WHEREAS, the District and Contractor have entered into an agreement dated June 9, 1994 which provides for the collection and disposal of trash within District (hereinafter "Agreement "); and WHEREAS, the parties desire to specify herein some of the services and programs contemplated by said Agreement; and WHEREAS, the parties have also discovered that the occupancy count upon which Contractor was being paid did not accurately reflect the correct number of residences that were being serviced by Contractor and that this affected the compensation paid to Contractor with the result that Contractor may have been overpaid by District; and WHEREAS, the parties hereto do hereby desire to specify services to be provided pursuant to said Agreement and desire to resolve the dispute over such overpayment by Contractor agreeing to provide additional services; NOW, THEREFORE, the parties hereto agree that the following additional services shall be provided by Contractor for each year that the Agreement (as amended) is in effect: 1. Contractor shall provide containers, personnel, and general support for the Mini Telephone Recycling Program to accommodate the June 1997 distribution of yellow pages in addition to the School Phone Book Recycling Program that is scheduled for November 1997. In each subsequent year, Contractor shall participate in the phone book recycling program to the District's satisfaction in conformance with the Pacific Bell distribution schedule. 2. Contractor shall purchase new signage for fleet vehicles every two years. In addition, Contractor will rotate the signage, not to exceed once per quarter, to promote the appropriate recycling program or District issue upon District's request. 1 3. Contractor shall Provide a new and additional Large Item Collection Program, that offers a free call -in service, once per year, per residential dwelling unit. This program will be in addition to the existing District -Wide Large Item Collection Program provided for in Paragraph 6 of said Agreement. Contractor will also provide up to five additional Large Item Collections per month, at the request and discretion of District. Large items are to be collected by Contractor within three working days of customer or District request. 4. Contractor shall provide general improvement of container handling throughout District area. 5. Contractor shall provide containers to any non - profit group (Boy Scouts, churches, etc.) for recycling projects at the request of the District and at no charge. Contractor to transport recyclables to a buy back center in Orange County and rebate money to nonprofit group. 6. Contractor to assist and cooperate with District in the organization of clean up days without charge. Contractor shall provide annually a total of fifteen containers and transportation of the container, at no charge. District shall pay landfill tipping fees only. 7. Contractor shall establish a Public Education Fund in an amount not to exceed Ten Thousand Dollars ($10,000) per year for the purpose of supplying public education and information about source reduction, recycling, and composting. Funds can be used by the District for purchasing small giveaway items such as pencils, stickers, activity books, or publishing informational brochures or advertisements or for other public education purposes. 8. Contractor shall provide and maintain a portable Recycling Information Booth that meets District's requirements to use at community events. 9. Contractor shall provide a cash donation to support local recycling efforts, in an amount not to exceed Five Hundred Dollars ($500) annually. 10. Contractor shall provide verification of trash occupancy count to District's satisfaction, once each five years. 11. Notwithstanding the provisions of Paragraph 5 of said Agreement, Contractor and District shall work together to provide a Household Hazardous Waste residential pickup program for recyclable household hazardous waste (Antifreeze, Car Batteries, Used Oil, Paint) approximately once every three years. Contractor shall be financially responsible for up to $10,000 per year in either financial consideration or services. The first Household Hazardous Waste pickup program is expected to occur in the year 2003. 2 12. Contractor shall provide additional service to residents as needed to comply with the Americans with Disabilities Act. 13. Except as expressly modified herein, the terms and conditions of the Agreement shall remain in effect and these services shall be deemed additional to those required by said Agreement. Dated: G 18 - Ci q COSTA MESA SANITARY DISTRICT By: 00"�'t' Vsident B[ A &11Z Secretary Dated: COSTA MESA DISPOSAL, INC. By: I J 3 R G :11 ?u171► THIS AGREEMENT is made and entered into this day of 1994 by and between the Costa Mesa Sanitary District of Orange County, California, hereinafter referred to as "DISTRICT" and Costa Mesa Disposal, Inc., referred to as "CONT'RACT'OR" . RECITALS: 1. This contract is entered into in furtherance of the concern of the State of California and the DISTRICT in the public health, safety and well being of its citizens as expressed particularly in Sections 40002, 40058, 40059 and 49510 of the Public Resources Code of the State of California, as these sections relate to DISTRICT authority in the matter of solid waste enterprises and the collection and disposal of solid waste. 2. DISTRICT and CON'T'RACTOR, as a solid waste enterprise, have entered into an agreement dated January 11, 1979 which was subsequently amended on May 12, 1983; July 28, 1989; February 28, 1990; and August 15, 1991 relating to the collection and disposal of solid waste from single family dwellings within DISTRICT's geo- graphical boundaries. 3. DISTRICT and CONTRACTOR recognize that changes of circumstances make it necessary that the terms of this agreement and its amendments be consolidated and updated to more accurately express the needs of the ccmnunity with particular reference to the reclamation, recycling and marketing of solid waste produced and originating from single family dwellings within the DISTRICT and providing for additional services not heretofore offered to the residents of DISTRICT. 4. DISTRICT and CONTRACTOR desire to revise and rewrite said amended agree- ment now in force, modifying certain terms thereof and to set forth their respec- tive rights and liabilities in connection therewith. Be NOW, THEREFORE, for and in consideration of the terms herein set forth, performed and to be performed, DISTRICT and CONTRACTOR agree as follows; 1. GENERAL PROVISIONS CONTRACTOR agrees to furnish all labor, material and equipment necessary for the collection of all solid waste as hereinafter defined from single family dwell- ings and multi - family dwellings using curbside service within the boundaries of the Costa Mesa Sanitary District of Orange County, California, except those residences in the geographical limits of the City of Newport Beach, as said boundaries now exist or may hereafter exist and the disposal of such solid waste as hereinafter provided. In consideration for the aforesaid things to be done by CONTRACTOR, DISTRICT agrees to pay CONTRACTOR the consideration hereinafter set forth. K211 The basic term of this contract shall be for six (6) years; provided, how- ever, that said basic term shall not begin until one (1) year after the execution of this agreement. Thereafter, the basic term of this contract shall be extended annually so that the contract shall continue to have a basic term of six (6) years, subject to termination and renewal provisions as are hereinafter provided. Any extension of this contract, whether annually or otherwise, shall be subject to satisfactory performance of CONTRACTOOR and CONTRACTOR has no vested right in the initial term, or the basic term, or any renewal thereof, if in the judgment of DISTRICT the performance of CONTRACTOR has been unacceptable. Notwithstanding the provisions of Paragraph 26. DEFAULT, the basic term of this contract may be extinguished by either party by such party's giving the other one hundred twenty (120) days notice in writing of its intention to terminate and at the end of said one hundred twenty (120) day period, this agreement shall be terminated and the basic term shall no longer exist. Ira 3. PANT TO CONTRACTOR BY DISTRICT As cor pensation for the performance by CONTRACTOR of the work described in this agreement, DISTRICT shall pay to CONTRACTOR each calendar month during the term of this agreement the rate specified in Exhibit "A" as adopted from time to time by Board resolution. CONTRACTOR and DISTRICT agree that the rate shall be applied to all "occupancies ", as hereinafter defined, to derive the correct sum for services performed by CONTRACTOR for the one -month period just concluded. Each monthly payment shall be made the day following the meeting of DISTRICT's Board where said payment was approved, said payment to be for the previous calendar month. 4. FORMULA FOR C.'OMPENSATION CALCULATION The basic rate as set forth in Exhibit "A" of this agreement shall prevail frcm June 30 to Jul 1 of each fiscal �� Y year. The after said rate shall be adjusted by an amount equal to the percentage change,in the cost of doing business as mea- sured by the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index, for All Urban Consumers for the Los Angeles -Lang Beach Area, All Items (1967 = 100) for the month of May each year to became effective the July 1 immediately following. Each increase or decrease in calculation of basic occupany rate occur- ring as a result of this method of determining said rate shall be deemed a new basic rate for purposes of calculation for subsequent years in the term of this contract. In no event shall said percentage change upon which any increase in carpen- sation is calculated exceed an increase of three (30) percent for each successive fiscal year. -3- S. SOLID WASTE DISPOSAL DISTRICT represents that it has a contract with CR TRANSFER for the accep- tance of solid waste from the DISTRICT for the purpose of recovery and reclamation of recyclable materials and for the transfer of unrecycled residue to Orange County landfill sites, which said contract's term expires October 31, 1996. In the event said contract is not renewed or is terminated for any reason prior to its expiration date, DISTRICT reserves the right to direct the flow of solid waste produced and collected hereunder to any succeeding recycling firm with which DISTRICT has contracted, provided, however, that in the event mileage to the succeeding recycling firm has increased ten (100) percent over the mileage present- ly in effect between DISTRICT and CR TRANSFER, CONTRACTOR shall be entitled to additional compensation based upon acceptable proof subrrdtted to DISTRICT of actual increased costs; and provided further, that if the mileage decreases in excess of the same percentage, DISTRICT shall be entitled to a reduction in ccxrpensation it is obligated to pay. DISTRICT represents that it has in force a contract with the CITY OF COSTA MESA, dated November 5, 1993, renewable annually, exempting DISTRICT from certain fees established by the City relating to the City's obligations under the Integra- ted Waste Management Act of 1989 (popularly known as AB -939). Certain provisions of that contract require that DISTRICT rely upon the cooperation and performance of CONTRACTOR and CONTRACTOR agrees that such coopera- tion and performance which is attributable to CONTRACTOR will be performed. Speci- fically, CONTRACTOR will participate in the education program required by AB -939 either in money or services at the option of DISTRICT with the level of participa- tion to be set by DISTRICT and will provide such reports as are required of the DISTRICT by the City. -4- DISTRICT contemplates that its present recycling contract and ant renewal thereof or any contract with any recycler will not require curbside sorting. If, however, circumstances should arise requiring curbside sorting, such circumstances shall not void this contract and pickup of sorted material for delivery to recycle points shall continue. CONTRACTOR may be entitled to additional cccpensation upon proof of additional costs incurred because of curbside sorting. DISTRICT represents that in the future it intends, if practical, to engage in a limited household hazardous waste pickup program, its initiation to depend upon cost analysis and insurance requirements as well as other factors. CONIRACTOR agrees that it will participate in said hazardous waste pickup program to the extent it can qualify as a hazardous waste transporter and at a cost to DISTRICT to be negotiated at the time such program is instituted. CONTRACTOR is equipped to and is in the business of providing fully autcma- ted mechanical pickup systems for pickup of solid waste. CONTRACTOR will provide a report to DISTRICT of any cost savings to DISTRICT by instituting a DISTRICT -wide fully automated mechanical system. Said report will be in writing and due not more than one hundred twenty (120) days frcm the date of this agreement. DISTRICT will provide CONTRACTOR with copies of all agreements, and amend- rreents thereto, which affect CONTRACTOR's performance hereunder including, but not limited to, the contract with CR TRANSFER, or any other recycler with which DIS- TRICT may contract; the November 5, 1993 AB-939 contract; and any subsequent con- tract with the City of Costa Mesa or any other entity relating to DISTRICT's obli- gations affecting solid waste pickup and disposal. 6. LARGE ITEM PICKUP DISTRICT represents that it conducts an annual program for pickup of large items not normally eligible to be picked up as part of this contract. As part -5- of t^.is contract, and for the consideration set fort}; herein, CONTRACTOR will provide for the pickup of discarded mattresses, refrigerators, water heaters, washers, driers, sofas, stoves, tables, lumber of not more than four (4) feet in length, and other furniture and appliances on an annual basis. CONTRACTOR will not be required to pick up tires, tree limbs, asphalt, car bodies, chemicals, hazardous waste, concrete, oil drums, paint cans, building materials or soil. CONTRACTOR shall provide written notification to residents of DISTRICT of services to be provided no fewer than ten (10) working days prior to commencing such sen,ice. Notices of such service shall be either delivered by hand to each resident in person or placed on the door of each residence. The notices delivered to residents by CONTRACTOR shall contain CONTRACTOR's name and business telephone number. The notices shall specify those articles which will and will not be col- lected. Such notices shall further state that if items are placed for pickup later than the time stated in the notice or after the collection vehicle has passed, a service fee will be charged by CONTRACTOR to the resident requesting pickup. CONTRACTOR shall pay for and coordinate with DISTRICT the publishing of an additional advance notice using the local newspapers to inform residents of the program. Said notification will include the statement that neither DISTRICT nor CONTRACTOR will abe responsible for items placed at the curb which are ineligible for pickup. Items picked up pursuant to this agreement shall be transported by CONTRAC- TOR to the appropriate County of Orange landfill disposal site or to an established recycling center at CONIRACTOR's option. DISTRICT shall be responsible for and pay tipping charges at the landfill for those loads going to a landfill. No payment will be made for material taken to recycling centers. CO1\'711RACI'OR shall begin work at a date set by the Manager of DISTRICT after having given. CONTRACTOR ten (10) days notice of said starting date and shall be ccmpleted within sixty (60) working days from the first day of commencement of the work. 7. DEFINITIONS A. Definition of Solid Waste Solid waste shall be as defined in Section 40191, Public Resources Code, as may from time to time be amended with the exceptions as set forth therein, providing further that solid waste shall not include large item pickup material provided for elsewhere in this agreement. Solid waste shall include Christmas trees and telephone books not disposed of by separate event provided for elsewhere in this agreement. B. Definition of Occupany An occupancy is determined to be as follows: 1. A single living unit per Assessor's parcel - one occupancy. 2. Multiple living units per Assessor's parcel - first living unit - one occupancy; each additional living unit - one occupancy. lot. Beach; 3. Mobile hone lots per Assessor's parcel - one occupancy per trailer C. Occupancy Exemptions 1. Property both within the DISTRICT and within the City of Newport 2. Multiple resdential properties including mobile home parks contrac- ting for or using private services and having qualified for DISTRICT exemption; -7- 3. Undeveloped parcels until one or more living units are constructed thereon; 4. Parcels incapable of generating rubbish and garbage as defined herein; 5. Parcels with improvements requiring a type of service unavailable from CONTRACTOR; 6. Those parcels which have applied for and been granted exemptions by DISTRICT, in accordance with DISTRICT rules and regulations; 7. Those parcels irrespective of zoning which are subject to a cannercial use. D. Initial Occupancy Calculation The occupancy for which CONTRACTOR will be ccrpensated shall be determined from the special assessment roll for each fiscal year of July 1 through June 30 as the same is maintained on file in the DISTRICT office as the basic occupancy and will be readjusted annually based upon the special assessment roll for each suc- ceeding year. The occupancy count may be increased or decreased monthly and it is under- stood and agreed by and between the parties hereto that said increase will be determined by any occupancy permits and demolition permits issued by the Building Department of the City of Costa Mesa or other entity having jurisdiction within the DISTRICT. The occupancy count may also be increased whenever CONTRACTOR is able to determine to the satisfaction of DISTRICT that any parcel caning within the exemp- tions as heretofore set forth is no longer exempt and that CONTRACTOR is in fact actively engaged in the weekly collection of trash fran said occupancy. The occu- pancy count may also be adjusted by a field survey conducted by DISTRICT in which CONTRACTOR may participate if it desires. im FREQUENCY OF COLLECTION A. Solid Waste - Weekl CONTRACTOR shall collect all solid waste fresn residential areas once each week. "Residential Area" is defined generally as any area located within the Costa Mesa Sanitary District zoned for residential or agricultural use by the governmen- tal body having jurisdiction over such area and used for residential purposes. B. Telephone Directories - Annually DISTRICT represents that for thirty (30) days each year it engages in a telephone directory recycling program in conjunction with Pacific Bell Directory, publisher of the direcory. CONTRACTOR agrees that it will, without cost to DIS- TRICT or the directory publisher, for so long as the program exists yearly, provide not less than thirteen (13) bins and as many more as may be needed from time to time to be placed at locations selected by DISTRICT for the collection of said directories. CONTRACTOR further agrees to service said bins as they fill and to periodically transport them to CR TRANSFER or to such other recycling center as may be designated by DISTRICT, all at no cost to DISTRICT. C. Christmas Trees - Annually DISTRICT represents that it conducts an annual Christmas tree recycling program for residents within the DISTRICT. CONTRACTOR agrees that it will, for a period of thirteen (13) days, without cost to DISTRICT, so long as the program is in effect, make a daily pickup of trees placed at curbside and will transport the trees to a location within the DISTRICT selected by DISTRICT' for recycling into mulch. CONTRACTOR will not be required to provide a grinder or chopper used to reduce trees to mulch. Q SCHED Z= OF COLLEC'PIONS A. Initial Schedules Beginning with the date hereof, the existing routes, schedules and times for the collection of solid waste shall be maintained and continued by CONTRACTOR. B. Change of Schedules FYom time to time during the period of this contract, the Manager of DIS- TRICT may change the existing routes and schedules and time of collection and CONTRACTOR shall thereupon maintain such new schedule. CONTRACTOR may request changes in routes, schedules and times for collection of solid waste and, upon receipt of consent of Manager of DISTRICT, and upon one week's notice in advance to the occupants of all occupancies, may commence such new schedule. The Manager of DISTRICT shall have the right at all times during the term of this contract to require CONTRACTOR to maintain routes, schedules and times for collection of solid waste as required by said Manager. All notices required to be given pursuant to this contract shall be given by CONTRACTOR at his own expense. 10. HOURS OF COLLFX'I'ION The DISTRICT Manager shall have the right to authorize CONTRAC'T'OR to collect solid waste at scheduled hours that said Manager finds will not constitute a nui- sance to the neighborhood. 11. HOURS Ccllection of solid waste shall not be made on Sunday. Collection of solid waste shall not be required on the following legal holidays: New Year's Day, -10- Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas, except in cases of emergency or as otherwise required by DISTRICT. Whenever a regular col- lection falls on such a holiday, the collection shall be made on the following working day, and collections throughout the DISTRICT shall became current within one week thereafter. 12. DISRUPTION OF SCHEDULE A. Holiday pickups which are not set forth in Paragraph 11 may be omitted entirely provided, however, that the DISTRICT Manager may require CONTRACTOR to pick up said holidays schedules, if in his judgment, said pickup is necessary for the health, safety and welfare of the persons living within the DISTRICT. Pickups on holidays not set forth in Paragraph 11 must be picked up unless DISTRICT Manager authorizes otherwise. B. In the event of a disruption of service in any area due to weather, an act of God, failure of equipment or otherwise, CONTRACTOR shall make such collec- tion within seventy -two (72) hours. Labor disputes shall not be considered as excuses for nonperformance hereunder as defined in Section 1511, California Civil Code and CONTRACTOR shall provide for solid waste collection service within one week of any disruption due to strike, lock -out, walk -out, boycott or other labor dispute. C. In no event shall CONTRACTOR disturb the remaining schedule for solid waste collection or pickup. On the holiday mentioned, and in the event of a dis- ruption of service by reason of an act of God, or otherwise, the regular schedule shall be maintained and the missed pickup shall be made without disturbing in any way the rest of the regular schedule. D. CONTRACTOR shall forthwith advise DISTRICT in writing at the time any negotiations are undertaken between CONTRACTOR and its employees relating to wages -11- and benefits and CONTRACTOR shall be obligated to report the status of said negoti- ations frcm time to time in a frequency established by DISTRICT, which said fre- quency shall not be burdensome upon CONTRACTOR but shall be sufficient to advise DISTRICT of the status of said negotiations including any pending strike, lock- out, walk -out, boycott or other labor dispute. CONTRACTOR may also be required, at the option of DISTRICT, to provide DISTRICT in writing with a plan of procedure to be implemented by CONTRACTOR to serve DISTRICT in the event of a disruption of service by labor dispute. 13. CONTRACTOR'S EQUIPMENT CONTRACTOR shall provide adequate equipment for the collection of solid waste. Each vehicle used for the collection of solid waste shall have the name of the CONTRACTOR plainly visible on the outside of said vehicle for the purpose of identification. All equipment used for collection of solid waste shall be enclosed to ensure that solid waste is not spilled on streets and private properties. CONTRACTOR shall comply with all requirements of the Health Department and all equipment used for collection of solid waste shall be watertight and shall be covered with suit- able waterproof tarpaulins, metal covers or other satisfactory covers. No solid waste shall be permitted to leak, fall or be spilled upon City streets or alleys or onto private property. Any such leakage or spillage shall be innmediately corrected and the area cleaned by CONTRACTOR. All equipment used by CONTRACTOR for the collection of solid waste, pursuant to this contract, shall be subject to inspection by the Manager of DISTRICT and any defects in such equipment found to exist shall be immediately corrected by CON- TRACTOR. -12- 14. CARE OF CONTAINERS All containers, including the lids thereof, shall be replaced where found in an upright position. Containers and lids shall not be left in the street or on a neighbor's lot. Containers shall not be thrown from the truck to the pavement or in any way broken, damaged or roughly handled. DISTRICT reserves the right to withhold compensation under the contract until any claim for damaged containers has been paid or adjusted with the owners thereof. cases: 15. LIMITATIONS ON SOLID WASTE COLLECTION CONTRACTOR shall not be obligated to collect solid waste in the following A. Where the solid waste is not placed in an adequate container. ( "Ade- quate container" shall be any container approved by the Board of DISTRICT from time to time as set forth in the rules and regulations established by the Board.) B. In addition to the foregoing, reference is hereby made to the rules and regulations adopted by DISTRICT, if any, for the collection of solid waste and regulations as the same now exist, or may hereafter exist if changed by said DIS- TRICT, and the same are included in this contract as an integral part hereof. 16. CONTRACTOR shall furnish a Faithful Performance Bond in the sum of Fifty Thousand ($50,000.00) Dollars written by a surety company licensed to do business in the State of California and in form approved by Attorney for DISTRICT. 17. PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE CONTRACTOR shall be required to maintain in full force and effect during the term of the contract a public liability policy with a combined single limit of -13- Five Million ($5,000,000.00) Dollars for the benefit of the third persons krio may be injured or damaged as a result of any negligent operation of CONTRACTOR in the performance of his work under this contract, which said policy shall name DISTRICT as an additional insured thereunder. CONTRACTOR further agrees to keep on file with DISTRICT a certificate or certificates of insurance, duly executed by CONTRACTOR's insurance carrier or carriers, which shall serve as evidence of the continued existence of said insur- ance policies. DISTRICT shall not, nor shall any officer of employee thereof, be liable or responsible for any accident, loss or damage happening or occurring in the doing of the work, and CONTRACTOR shall indemnify and hold harmless the DISTRICT and its Board, officers and employees of any and all liability arising therefrom, including any attorney fees incurred in the defense of any such action. DISTRICT and CONTRACTOR agree that the extension of this contract beyond its due date for good and valuable consideration is not a DISTRICT project as defined by Section 20801, Public Contracts Code, and thus does not come within the require- ments of Section 20803, Public Contracts Code. In the event, however, that any action is instituted raising the question of said requirements, the indemnity and hold harmless herein shall extend to include any attorney fees incurred in the defense of any such action. 18. WORKERS' COMPENSATION: INSURANCE CONTRACTOR shall also maintain in full force and effect during the term of this contract a workers' ccer►pensation policy and such other forms of insurance as shall be required by law, and shall provide a certificate or certificates of insur- ance naming DISTRICT as an additional insured in each case. -14- 19. RULES, LAWS AND REGULATIONS CONTRACTOR shall abide by all the rules, laws and regulations of DISTRICT, the City of Costa Mesa, County of Orange, State of California and all other govern- mental agencies having jurisdiction. 20. MnNrnr- r%TM,Vr CONTRACTOR hereby designates the Manager of DISTRICT as its agent for the purpose of receiving complaints and investigating and rectifying failures of ser- vice. DISTRICT shall have the right to charge CONTRACTOR for each service call, as hereinafter defined, made by Manager of said DISTRICT; provided however, that the maximum charge for service calls for any one month shall not exceed Five Hundred ($500.00) Dollars. The amount of such service charges for each month shall be deducted from the payment due CONTRACTOR by DISTRICT for the next month. "Service Call" as herein defined shall mean an actual trip made by DISTRICT Manager, or an employee of the DISTRICT, to rectify a failure of service on the part of CONTRACTOR in solid waste collection. CONTRACTOR shall employ a foreman, to be approved by DISTRICT, to be as- signed to the DISTRICT operation, to oversee the work and to handle complaints arising from the operations pursuant to this contract. Said foreman shall be assigned full time to the DISTRICT and his entire expenses shall be paid by CON- TRACTOR. 21. inrTmo r "AnrIv In the event that CONTRACTOR, for any reason, no longer hauls solid waste to any recycler or recycling center and must haul to a County landfill site and in the -15- event the County of Orange imposes a charge by the day, or by the ton, or upon each truck, or upon each canpany for the privilege of disposing of solid waste in the County facilities, CONTRACTOR shall have the right to request a meeting with the Board of DISTRICT for the purpose of negotiating with said Board to determine what share, if any, of said charge shall be paid by DISTRICT. The agreement to negoti- ate by DISTRICT is not to be regarded by CONTRACTOR as a commitment on the part of DISTRICT to pay any portion of said dump charge imposed by the County of Orange, and DISTRICT will be obligated to pay only that portion, if any, of said durm charges that are determined as the result of the negotiations as provided for herein. 22. LICENSES AND PERMITS CONTRACTOR agrees to maintain during the life of this agreement all licenses and permits required by any governmental agency. CONTRACTOR further agrees to comply with such rules and regulations of the City of Costa Mesa adopted by ordi- nance or resolution relating to City's requirements under the California Integrated Waste Management Act of 1989 (Section 41070, et seq., Public Resources Code) and to pranptly rectify any default which may occur. 23. NONDISCRIMINATION EMPLOYM= No regular employee of DISTRICT will be employed by CONTRACTOR while this agreement is in effect. In performing this agreement, CONTRACTOR will not engage in, nor permit its agent to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, physical handi- cap, medical condition, marital status or sex, except as permitted pursuant to Section 12940 of the Government Code. Violation of this provision may result in the imposition of penalties referred to in Labor Code, Section 1735. -16- CONTRACTOR shall perform the services herein contaTiplated in compliance with the Federal and California laws concerning minimum hours and wages (Davis -Bacon Act, 40 U.S.C. 276a, et seq. ,.and California Labor Code, Sections 1171, et seq.), Occupational Health and Safety (29 U.S.C. 651, et seq., and California Labor Code, Sections 6300, et seq.), Fair Employment Practices (29 U.S.C. 201, et seq., and California Government Code, Sections 12900, et seq.), Workers' Canpensation Insur- ance and Safety in Employment (Divisions 4 and 5 of the California Labor Code) and all amendments thereto, and all similar State or Federal laws to the extent that they are applicable; and CONTRACTOR shall indemnify and hold harmless DISTRICT from and against all claims, demands, payments, suits, actions, proceedings and judg- ments of every nature and description, including attorney fees and costs, pre- sented, brought or recovered against DISTRICT for or on account of any liability under and- of the above- mentioned laws which may be incurred by reason of any work performed by CONTRACTOR under this agreement. CONTRACTOR is and shall be acting at all times as an independent contractor and not as an employee of DISTRICT. CONTRACTOR shall secure, at his expense, and be responsible for any and all payment of inccxme tax, social security, State disa- bility insurance carpensation, unemployment caupensation and other payroll deduc- tions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, that are required in connection with the services to be performed hereunder. 24. DRUG -FREE WORKPLACE CONTRACTOR shall establish a Drug -Free Awareness Program to inform employees of the dangers of drug abuse in the workplace, the penalties that may be imposed upon employees for drug abuse violations occurring in the workplace, and the em- ployee assistance programs available to employees. Each employee engaged in the performance of a DISTRICT contract must be notified of this Drug -Free Awareness Program and must abide by its terms. Failure to establish a program, notify em- ployees or inform the DISTRICT of a drug - related workplace conviction will consti- tute a material breach of contract and cause for immediate termination of the contract by DISTRICT. 25. NON- ASSIGNABILITY CONTRACTOR shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of CONTRACMR's interest in this agreement -17- without DISTRICT s prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this agreement and cause for termination of the agreement. Regardless of DISTRICT's consent, no subletting or assignment shall release CONTRACTOR of CONTRACTOR's obligation to perform all other obligations to be performed by CONTRACTOR hereunder for the term of this agreement. 26. DEFAULT Failure on the part of CONTRACTOR to ccrply with the terms and provisions of the contract shall be grounds for the DISTRICT to terminate the contract. In the event of breach of contract, or default on the part of CONTRACTOR, DISTRICT may, at its option, notify CONTRACTOR of its intention to terminate this contract. Said notice shall be given in writing and mailed to the address of CONTRACTOR on file with the DISTRICT or DISTRICT Manager. Said contract shall thereupon be deemed terminated forty -eight (48) hours from and after the hour said notice is deposited in the United States mail. In the event of such cancellation, CONTRACTOR shall refrain liable for any damage and loss sustained by DISTRICT in the collection of solid waste, including all costs incurred by DISTRICT in the negotiation of a new contract. In the event of a default as herein defined, DISTRICT shall have the author- ity to take whatever steps are necessary to ensure the collection of residential solid waste including, but not necessarily limited to, the employment of another contractor or contractors, employment of its own work force with rental equipment, or by such other means as the DISTRICT, in its sole discretion, may employ for this purpose. In the event of a default as heretofore set forth, because of work stop- page or for any other reason, DISTRICT reserves the right to be reimbursed for its expenses incurred in maintaining residential solid waste service as provided for in this contract, and in the event after demand CONTRACTOR fails to reimburse DISTRICT for its expenses incurred as aforesaid, DISTRICT reserves the right to call upon CONTRACTOR's performance bond for said reimbursement. DISTRICT agrees to first make demands upon CONTRACTOR for said reimbursement prior to applying to CONTRAC- TOR's surety for this purpose. The waiver of any breach of the terms of this contract shall not be deemed a waiver of any recurrence of the same or any other subsequent breach of said con- tract. 27. CANCELLATION OF EXISTING AGREEMENr The agreements now in existence dated January 11, 1979, May 12, 1983, July 28, 1989, February 28, 1990 and August 15, 1991 are hereby cancelled effective as of the date of this agreement. Said cancellation shall not affect the rights of CONTRACTOR to any ccq ensation payable to him under said cancelled contract not yet paid by DISTRICT nor shall it relieve CONTRACTOR of any liability which has accrued and exists and is outstanding as of the date hereof. RM LIAISON DISTRICT and CONTRACTOR shall each designate an individual to act as liaison between DISTRICT and CON'T'RACTOR as the respective agents of each which are named as follows: DISTRICT FL T. ee_lc i le- Name 77 02 Address •� .r' �r�"iT.7i.5� WA;✓ eL Name '2 c,,,- / r4.,l C - �- Address �71.1/ e 7 Sy'��JS�� yJJL' /�3L ` /�Lo �oY4 - yL �7on/FAX Phone /FAX _i4_ Said designated agents may designate alternates by notifying the other in writing of such designation. 29. FRANCHISE ALTERNATE It is further understood and agreed by and between the parties hereto that certain legislative and Constitutional tax limitations may render DISTRICT unable to meet its financial obligations with CONTRACTOR. In such event and upon notice duly giver. by DISTRICT to C N7RACIOR in writing, this contract shall be deaned null, void and of no further force or effect. In such event DISTRICT shall be obligated to pay CONTRACTOR through and including the last week of solid waste collection immediately preceding such termination date and DISTRICT shall not be obligated to make any payment to CONTRACTOR beyond said termination date. In the event of such termination, CONTRACTOR may apply to DISTRICT for a franchise for the collection of residential refuse within the DISTRICT and may be granted a franchise under terms and conditions as determined by the Board of Direc- tors of DISTRICT at the time the said franchise is granted. Any franchise granted shall comply with the California Integrated Waste Management Act of 1989 as amended (heretofore cited) and shall meet franchising requirements of the City of Costa Mesa. Said franchise shall, among other things, provide that CONTRACTOR shall be fully responsible for collection of fees frcm individual residences and shall establish a system of invoicing and charges for said services. Said franchise shall also include, among other things, the right of DISTRICT to determine whether or not CONTRACTOR's charges are excessive and to require adjustments in said charges to ensure reasonable profit to CONTRACTOR and to ensure a fair and equi- table charge to residences being served. -20- 30. T T r-7\ T 'C=C In the event that litigation is brought by any party in connection with this agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof, all as authorized by Section 1717, Civil Code. 31. This agreement constitutes the sole and exclusive agreement between the parties and cannot be amended, changed or otherwise modified except in writing signed by both CONTRACTOR and DISTRICT. IN WITNESS WHEREOF, we have placed our hands and seals, making this agree- ment effective on the day and year first written. DATED: ✓ � J� / y y �/ ATTEST: COSTA MESA SANITARY DISTtt Bv: 1 f Pr -5ident of ISTRICT By •s— ��/R�' DATED : ATTEST: By: -21- EXIIIBIT "A" COSTA MESA SANITARY DISTRICT COMPENSATION CALCULATION FOR TRASH CONTRACTOR In accordance with the contract between the District and Costa Mesa Disposal (formerly Orco Disposal, Inc.) dated January 11, 1979, and as amended May 12, 1983, July 28, 1989, February 28, 1990, and August 15, 1991, Section IV "Formula for Compensation Calculation," the following illustrates the total rate payable to Costa Mesa Disposal for both Basic and Large Item Refuse Pickup service. Effective July 1, 1994, both rates below will be adjusted to reflect the Consumer Price Index (Los Angeles/ Riverside Area Index) increase from May 1993 through May 1994 to develop the per occupancy charge to be paid by the District to Costa Mesa Disposal for the 1994 -95 fiscal year. 1993 -94 Basic Rate - through June 30, 1994 $ 6.8720 1993 -94 Rate for Large Item Pickup 0.1276 $ The per occupancy cost for the 1993 -94 Large Item Pickup was calculated by dividing the 1993 -94 contract cost for Large Item Pickup ($34,111) by the current occupancy rate (22,285) and then by 12 months which results in an annual per occupancy cost of $1.5307 and a monthly rate of $0.1276. e ADDENDUM NO.2 This Addendum to Agreement is made and entered into this aday of �D. 2001, by and between the COSTA MESA SANITARY DISTRICT (hereinafter referred to as "District ") and COSTA MESA DISPOSAL, INC. (hereinafter referred to as "CMD"). RECITALS WHEREAS, the District and CMD have entered into an agreement dated June 9, 1994, which provides for the collection and disposal of trash within District and also entered in Addendum No. 1 to said agreement dated June 18, 1997, and WHEREAS, the District intends to implement a standardized container program to provide semi - automated collection for all residences served by District; and WHEREAS, District has purchased said standardized containers from Roto Industries, Inc., (hereinafter "ROTO ") which is a corporation owned by the Rangel Family and related to Costa Mesa Disposal in that Raul Rangel is the sole shareholder of said corporation; and WHEREAS, it was a material consideration to District that Roto's product be compatible with CMD's equipment and that CMD, as a related company, would use its best efforts to ensure a smooth and seamless transition to the standardized containers; and WHEREAS, CMD will realize increased worker efficiency and safety and corresponding lower insurance rates by changing to a semi - automated system in which cans do not have to be lifted; and WHEREAS, in consideration thereof CMD has agreed to act as ROTO's agent in doing the things provided for herein; and WHEREAS, the parties desire to specify their respective responsibilities with regard to implementation and future service for a new standardized container program; NOW, THEREFORE, the parties hereto agree as follows: 1. District is purchasing from ROTO standardized containers for each residence and will provide each residence a number and size of containers in order-that all trash will be stored inside the closed containers and outside trash placed in bags will only rarely occur. 2. CMD warrants its vehicles and personnel are able to properly perform trash collection service utilizing a semi - automated collection system. T 3. CMD agrees to keep its vehicles in proper working order and the lifting mechanism in proper adjustment to prevent premature wear of the containers. 4. CMD shall provide District a schedule of CMD collection vehicles including date of purchase, vehicle identification number, and estimated remaining life expectancy. CMD shall not purchase any new collection vehicles without first notifying District in writing that proposed trucks are compatible for the semi- automated system. CMD shall also ensure that such vehicles burns fuel and are otherwise compliant with air quality regulations that are currently in effect or scheduled to go into effect. The trucks used in the program shall allow workers to place trash not placed in the containers directly into the truck provided such trash is properly contained. 5. CMD understands the program is a semi - automated collection system and shall not purchase any fully automated collection vehicles without written authorization from District. 6. District recognizes that CMD is owned by Raul Rangel and that Roto is owned by the Rangel Family and Roto has agreed to provide a free one year roll out program and a free three year container management program consisting of providing manpower, vehicles, and storage area, to properly handle change -in, change -outs, assembly, delivery, log sheets, serial number records, etc. CMD agrees to fully cooperate with Roto as Roto's agent to successfully provide these services to District. 7. The CMD rollout program shall consist of providing new containers to one CMD route per month with follow up change -in, change -out services. The container size and quantity for each residence shall be determined in part by the District- prepared flyer to be mailed to each address on the route approximately five weeks prior to delivery. CMD to provide District the addresses of every residence on each route. Both parties anticipate a 10- month rollout program to cover the 10 CMD routes. 8. CMD agrees that customer satisfaction is of primary importance and CMD drivers will collect trash left outside of the containers. Workers shall be courteous, shall replace the empty containers on the curb in an orderly fashion and in an upright manner with the lids closed. 2 9. CMD shall administer the container warranty for District as Roto's agent and will handle repair or replacement with Roto at no cost to the District. 10. In the event of container failure or unserviceability, DISTRICT and ROTO, (or CMD if so designated in writing by ROTO), shall mutually observe and make a determination as to the cause of any container becoming damaged, unserviceable or defaced. Containers failing to perform in accordance with ROTO's warranty shall be replaced or repaired within 24 hours at no cost to DISTRICT, and containers requiring replacement due to resident neglect, damage, or other causes not covered by Roto's warranty, shall be replaced within 24 hours at DISTRICT's cost. 11. CMD understands that no purchase of containers shall be made without District Manager's and Assistant Manager's signatures on a purchase authorization sent to Roto. Manufacturing, assembly and delivery to CMD or other DISTRICT designated location shall be included in the price per container. 12. CMD shall maintain serial number logs showing the number and size of containers at each residence with the serial numbers and date of delivery for all containers. Said information shall be furnished to District upon request. 13. CMD, as Roto's agent, shall provide change -in, change -out services as requested by customer or District in a courteous manner. District shall have final authority over the size and number of containers provided to each residence. 14. CMD shall collect old containers and deliver the containers to District's recycler, CR Transfer, at no additional charge to District. 15. CMD shall disclose its yearly Workers Compensation rates to District in order to identify insurance premium reductions associated with the standardized container program. 16. Compensation paid by District to CMD shall not be affected by the implementation of the standardized container program. District and CMD recognize the importance of worker safety and the benefits to CMD trash collection workers from the standardized container program. 17. CMD shall use due care to prevent spills or leaks during the collection process. CMD shall promptly clean up all spilled material and shall carry a broom and shovel on each truck at all times. 3 18. CMD shall assist District in identifying scavengers or residents discarding hazardous or illegal trash. 19. CMD recognizes District's investment in the standardized container program and CMD shall at all times protect District's containers and maintain its collection vehicles, office staffing levels, and operations in a manner to maximize the life expectancy of the containers and consistent with prudent solid waste management practices. 20. Except as modified herein, the terms and conditions of this Agreement shall remain as provided in the 1994 Agreement as the same has been amended. In Witness whereof, the parties have entered into this Agreement on the date first written above. COSTA MESA SANITARY DISTRICT Secretard COSTA MESA DISPOSAL, INC. _ By Title: 4 I AUG -31 -2004 14 =33 ADDENDUM NO. 3 P. 01102 This Amendment is made and entered into this (( day of &c� 2001 by and between the Costa Mesa Sanitary District (hereinafter "District') and Costa Mesa Disposal (hereinafter "CMD ") and Roto Industries (hereinafter "Roto ") with reference to the following facts: WHEREAS, the District and CMD have an agreement dated June 9, 1994 by which CMD has been given the right to collect and dispose of residential trash within the territory of the District; and WHEREAS, that agreement was amended on June 18, 1997, by Addendum No. 1 which provided for additional services to the District, including an occupancy count every five years; and WHEREAS, the District has purchased standardized containers from Roto Industries, Inc., which is wholly owned by the Rangel family and is a company related to CMD, and pursuant to Addendum No. 2 to the CMD Agreement (dated April 26, 2001), CMD and Roto have agreed to provide a three year container management program; and WHEREAS, the Board and District have discovered that District may have overpaid CMD for such services because of an incorrect occupancy count; and WHEREAS, CMD and Roto have agreed to provide additional consideration to District in exchange for this overpayment in the form of an annual occupancy count and another (4th) year of container maintenance; NOW, THEREFORE, in consideration of the above, the parties agree as follows: 1. CMD agrees to provide an annual occupancy count instead of the occupancy count every five years provided in Addendum No 1. Said annual occupancy count shall be made each and every year that CMD has an agreement to collect and dispose of trash within District. AUG -31 -2004 14:35 98% P.01 AUG -31 -2004 14:33 2. CMD and Roto agree to provide an additional (4th) year of container management of the standardized container program as provided in Addendum No_ 2 and as further provided in Exhibit D to the Purchase Agreement between Roto and CMSD, including all manpower, equipment and facilities needed to provide that service. 3. Except as expressly modified herein, the terms and conditions of those other agreements mentioned herein shall continue to control the rights and duties of the parties herein. Dated: Dated: Dated 1']-. - i0 - r, 1 iti - 10 —0 1 to Mesa Sanitary District President Secs atoy Costa Mesa Disposal Roto Industries, Inc. .0 TOTAL P.02 AUG -31 -2004 14:35 98% P.02 r; AGREEMENT This AGREEMENT is effective on the 1st day of July, 2(x)2 by and between THE COSTA MESA SANITARY DISTRICT, a governmental agency formed and existing under the Sanitary District Act of 1923 (hereinafter referred to as "DISTRICT "), and C.R. TRANSFER, INC., a California corporation (hereinafter referred to as "CRT "). RECITALS: 1. DISTRICT provides for residential solid waste collection for residents utilizing curbside service within its geographical boundaries as authorized by the procedures set forth in Health and Safety Code ' 5470 - 5474.10, and provides for said collection by contract with an independent solid waste hauling contractor, in accordance with the authority granted in the Sanitary District Act of 1923, Health and Safety Code ' 6400 -6941. 2. CRT is a California corporation in the business of accepting solid waste from government agencies and from solid waste hauling contractors at its transfer station for further removal to county landfill sites or other lawful destinations and is engaged in the separation of recyclable material from solid waste for marketing to users of recycled material. 3. The parties acknowledge that the state has required every city to have a source reduction and recycling element (SRRE) which mandates an implementation schedule that requires that 50% of all waste shall be diverted from the solid waste stream by January 1, 2000 through source reduction, recycling and composting activities (Public Resources Code Section 41780), and the parties have met that objective. It is a material consideration to DISTRICT that contractor assist DISTRICT in continuing to meet this legislative mandate. 4. The parties further acknowledge that public agencies that provide for solid waste disposal have been sued under the Federal Comprehensive Environmental Response Compensation and Liability Act of 1980 ( CERCLA) and when they have issued exclusive franchises for waste disposal and the parties do therefore desire to define the respective responsibilities therefor. The provisions for CERCLA indemnification are a material consideration to DISTRICT. 5. DISTRICT. desires to enter into an agreement with CRT which will provide that CRT will accept solid waste from the.DISTRICT contract solid waste hauler and will continue to recover or reclaim the minimum percentages of said solid waste for reuse as set forth in Public Resources Code Section 41780. 6. CRT desires to enter into an agreement with DISTRICT establishing transfer rates and processing rates for solid waste it accepts from the DISTRICT contract hauler and to provide for the reclamation of recyclable materials as will be required by law. 7. The parties hereto desire by this AGREEMENT to set forth and restate their rights and obligations in connection herewith and to supersede those previous agreements with this Agreement. NOW, THEREFORE, for and in consideration of the covenants herein contained, performed and to be performed, the parties hereto agree as follows: 1. DISTRICT warrants and represents to CRT that it has a right to and does provide for solid waste disposal from residential units using curb side service only within its geographical boundaries (the commercial, industrial, and multi - family residential developments using bin service being provided for by others and that it will use its best efforts to cause all of the solid waste collected regularly by its contract solid waste hauler to be delivered to CRT's site in Stanton, California under terms and conditions as shall hereinafter appear. 2. CRT agrees to accept directly from DISTRICT's contract hauler as it is picked up from DISTRICT's residences on a regular basis all solid waste of whatever kind and nature and in whatever quantity at CRT's transfer station in Stanton, California and to reclaim recyclable material from the solid waste delivered to CRT and to lawfully dispose of the residue under terms and conditions as hereinafter stated. 3. The parties intend to establish an "evergreen" term for this AGREEMENT. This AGREEMENT shall have an effective date of July 1, 2002 and shall renew for a new six (6) year term on each July 1 of successive years beginning on July 1, 2003 unless otherwise terminated. The intent of the parties is that a new six year term will be granted in perpetuity on July 1 of each successive year unless otherwise terminated. The term of this AGREEMENT may be terminated in two ways: (1) by notice of cancellation of the perpetual renewal, and (2) for cause. Notice of cancellation of the perpetual renewal may be given by either party, without cause, and will cause this AGREEMENT not to automatically renew and will cause this AGREEMENT to terminate when the balance of the remaining term expires. 4. This AGREEMENT may also be terminated for cause by either party hereto and cause shall be determined to be failure on the part of either party hereto to perform any of the requirements of this AGREEMENT where said party has failed to perform within 30 days after having been given written notice of a default. Termination shall occur 30 days after notice has been given if all deficiencies have not been cured within that time frame. This AGREEMENT may also be terminated by mutual consent of the parties. 5. In exchange for accepting all solid waste from the DISTRICT at CRT's transfer station, and recycling and reclaiming materials from said waste as well as providing final disposal at the county landfill sites without cost to DISTRICT, CRT, except as shall hereinafter appear, shall be compensated as provided in paragraphs 7 and 8 of this AGREEMENT. 6. CRT shall invoice monthly and be paid monthly and shall provide such supporting documentation for each invoice as DISTRICT may require including, but not limited to, trip or weight tickets as proof of tonnage billed for and such other documentation as DISTRICT may require to support the requirements of percentages of recycled or reclaimed materials as such percentages may be required by law. .1 7. This AGREEMENT has been entered into with reference to current County landfill costs being $22.00 per ton and with reference to the fact that contractor has been-able to use those landfills available at the time of contracting. Should those costs or the availability of disposal sites change during the term of this AGREEMENT the parties may re- negotiate this AGREEMENT or the compensation provisions hereof. DISTRICT reserves the right to direct the disposal of its residual tonnage to a facility, provided that the parties shall thereafter renegotiate the related provisions of this contract. In the event that CRT uses a non- Orange County landfill with lower disposal fees, CRT will credit the District with an amount equal to seventy -five percent (75 %) of the savings realized by not using the Orange County landfill. The landfill component of CRT's compensation is set forth in Exhibit A. 8. CRT may be entitled to an annual increase in the compensation paid pursuant to this AGREEMENT for labor performed on behalf of DISTRICT based upon the Consumer Price Index (CPI) for All Urban Consumers for the Los Angeles- Riverside- Orange Co. area (1967 =100 for indices purposes) as prepared by the U.S. Department of Labor Bureau of Labor Statistics for the trailing twelve month period of May to May each year. Said increase shall become effective on each yearly anniversary date beginning July 1, 2002 and on each July 1 thereafter for the six -year term beginning July 1, 2002. As agreed to by the parties, the base rate effective July 1, 2002 shall be $38.06 per ton. Said CPI increase shall not exceed three (3 %) percent irrespective of said calculation and shall be calculated on all expenses relating to this AGREEMENT except landfill fees, and any increase given in paragraph 7. Further, said increase shall not exceed 16% in total over the six -year term beginning July 1, 2002. CRT shall provide such records and other supporting materials as may be required by DISTRICT to support CRT's claim for increase in compensation. The sixteen percent (16 %) cumulative cap for the six -year term from July 1, 2002 to July 1, 2008 shall be limited to 16% of the amount given on July 1, 2002. Should the CPI decline, DISTRICT may be entitled to a corresponding reduction. The parties will renegotiate CPI increases in 2008. The compensation set forth in Paragraph 8 shall be calculated as set forth in Exhibit A. 9. CRT shall become owner of all solid waste when delivered to its site in Stanton, California and shall have the exclusive right to market all recycled material reclaimed from solid waste generated by DISTRICT pursuant to this AGREEMENT and shall be entitled to any and all income derived from said marketing over which DISTRICT shall have no claim. 10. In consideration for said compensation, CRT shall, in addition to the other covenants set forth herein, perform as follows: (a) CRT guarantees DISTRICT that its rate is the most favorable rate given to any customer using service similar to DISTRICT. If CRT negotiates a more favorable rate with any customer, that rate shall become the rate for the DISTRICT. (b) CRT shall participate in AB 939 education programs by providing five tours of the facility each year, conducting one seminar per year, and preparing and mailing one brochure to each resident every two years, if requested by DISTRICT. DISTRICT to supply mailing labels. Said brochure to be mailed within six (6) months of written request by DISTRICT. (c) CRT shall have an agreement in place throughout the term of this AGREEMENT for composting or processing green waste with a properly licensed facility. CRT shall use its best efforts to process green waste by composting. (d) CRT shall make available to DISTRICT its audited financial statement which shall be performed on at least a yearly basis. Such financial statement shall not become a public record and DISTRICT will use its best efforts to protect such information from becoming available to competitors. (e) CRT shall separate telephone books at its material recycling facility at no additional cost to DISTRICT if DISTRICT determines to pursue such a program. (f) CRT shall provide support to an anti - scavenging program up to $5,000 per year if so requested by DISTRICT. Said $5,000 to be increased or decreased yearly according to the CPI beginning July 1, 2003 using the same procedure as specified in paragraph 8. (g) CRT shall maintain a master manifest in which the transportation and disposal of all waste from DISTRICT shall be logged. Such manifest shall show dates, volumes, nature of the waste, transporter and disposal sites. CRT shall keep supporting documentation to establish the details of such disposal. All of such records shall be kept for 50 years. Such records shall be provided to DISTRICT upon request. (h) CRT shall guarantee that it will meet the tonnage diversion requirements of AB 939 as the same exists or as that law is amended. CRT shall prepare and retain appropriate documentation showing how the state requirements have been met including providing monthly diversion reports signed by an official of CRT. Either party may request renegotiation if such requirements are substantially revised. (i) CRT agrees to keep its site open during normal business hours, Monday through Friday, consistent with past practices, to facilitate DISTRICT's trash haulers disposal of collected waste. CRT will allow regular inspections by DISTRICT's personnel or agents to monitor the recycling of DISTRICT's solid waste. J;"' v 11. CRT will indemnify, defend, and save harmless DISTRICT, its directors, officers, agents, employees, successors, assigns and insurers from and against any and all loss, damage, liability, .� claims, costs or causes of action which in any way result from the acts or omissions of CRT, its directors, officers, agents, employees, parent, subsidiaries, affiliates, successors, assigns and insurers in connection with or which in any way relate to the award of this AGREEMENT (including the exclusive nature thereof) to CRT or to the performance of this AGREEMENT. In addition, CRT agrees to indemnify, defend and hold DISTRICT harmless from any and all claims made or liability that may arise under CERCLA or similar federal or state law relating to responsibility for clean up costs of any waste disposal facility site to which CRT may transfer or dispose of waste collected pursuant to this AGREEMENT. 12. DISTRICT will indemnify, defend and hold harmless CRT, its directors, officers, agents, employees, successors, assigns, and insurers from and against any and all loss, damage, liability, claims, costs or causes of action which in any way result from any acts or omissions of DISTRICT, its directors, officers or employees in connection with the performance of their obligations which are the subject of this AGREEMENT. CRT shall promptly notify DISTRICT of any claims or complaints that it receives that may result in DISTRICT's indemnification of CRT. 13. CRT shall provide insurance coverage on its operation as follows: (A) Workers' Compensation Insurance: CRT shall take out and maintain during the life of this AGREEMENT workers' compensation insurance and, if any work is sublet, CRT shall require subcontractor similarly to provide workers' compensation insurance. CRT agrees to indemnify DISTRICT for any damage resulting to it from failure of either CRT or any subcontractor to take out or maintain such insurance. (B) Public Liability and Property Damage Insurance: CRT shall take out and maintain during the life of this AGREEMENT such public liability and property damage insurance as shall protect DISTRICT, its elective and appointive boards, officers, agents and employees, being public liability and property damage insurance on account of bodily injuries, including death resulting therefrom in the sum of not less than TWO MILLION ($2,000,000) DOLLARS combined single limit resulting from any one accident which may, arise from the operations of CRT in performing the work provided for herein. Said public liability and property damage insurance (including automobile) shall be endorsed to name DISTRICT, its elective board, officers, agents and employees as additional insureds with respect to all operations performed by or on behalf of CRT. Said policy shall be endorsed to provide that coverage shall not be reduced or canceled unless and until ten (10) days.' advance notice of such reduction and /or cancellation has been mailed to DISTRICT. Said public liability and property damage insurance (including automobile) shall include contractual liability insurance applying to liability assumed under this AGREEMENT. Said public liability and property damage insurance shall be endorsed to stipulate that such insurance as is afforded to DISTRICT, its elective board, officers, agents and employees shall be primary insurance and not contributing with any other insurance maintained by DISTRICT. CRT shall furnish DISTRICT, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required and adequate legal assurances that each carrier will give DISTRICT at least ten (10) days' prior notice of the cancellation of any policy during the effective period of this AGREEMENT. 14. CRT shall obtain at its expense all permits and licenses from any governmental agency having jurisdiction over its operations necessary for the performance of this AGREEMENT and shall provide proof that said licenses and permits have been obtained if required to do so by DISTRICT. 15. In the event CRT or DISTRICT, or either of them, institutes action to enforce the terms of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys' fees and court costs. 16. This AGREEMENT shall be interpreted and enforced in accordance with the laws of the State of California. 17. All notices, requests, demands and other communications under this AGREEMENT shall be in writing and shall be deemed duly given (i) if delivered by hand and receipted for by the party addressee, or (ii) mailed by certified or registered mail with postage prepaid, on the third business day after the mailing date. Addresses of the parties hereto are as follows: C.R. TRANSFER, INC. COSTA MESA SANITARY DISTRICT 11292 Western Avenue P.O. Box 1200 Stanton, CA 90680 Costa Mesa, CA 92628 -1200 18. This AGREEMENT establishes contract rights that shall be binding upon, and shall inure to the benefit of, the successors, assigns, heirs and legal representatives of the parties hereto. This AGREEMENT may be executed in one or more counterparts, each of which shall constitute an original. No amendment, modification, termination or cancellation of this AGREEMENT shall be effective unless in writing signed by both parties hereto. 19. If any portion of this AGREEMENT shall be invalidated on any ground by a court of competent jurisdiction, the balance of said AGREEMENT shall continue to be binding upon the parties hereto. 20. Each of the parties hereto warrants and represents to the other that this AGREEMENT has been approved by its board of directors and that its officers are duly authorized to execute this AGREEMENT and make the same binding upon the parties hereto. 21. This AGREEMENT may not be assigned by CRT without the express written consent of the Board of Directors of DISTRICT. Dated: a z 13 /0-3 Costa Mesa Sanitary District Dated: 2 i5-lo By• 7;7- I ,N-�- retary CR EXHIBIT A I. Landfill Fee Calculation (Paragraph 7) CRT to be paid landfill fees based on tonnage delivered to CRT, diversion required as specified in II below, and County landfill fees. Example: - Waste delivered to CR Transfer = 2,650 tons CR Transfer required to recycle 50% Gate fee = $22 /ton 2,650 tons delivered to CRT; CRT recycles 1,325 leaving 1,325 to dump 1,325 x $22.00 per ton = CRTs compensation for the landfill calculation' '(Note: For administrative processing convenience the District requires 50% diversion but simply pays $11.00 per ton on waste delivered to CRT) II. Base Compensation Paid to CRT (Paragraph 8) Fiscal Year Diversion Base Compensation per ton of Beginning Required waste delivered to CRT July 1 19.49 (excluding landfill fees) x 19.49) + 1995 25.00% $18.92 + 3% (18.92)= 1996 30.00% Previous Base + CPI 1997 30.00% Previous Base + CPI 1998 37.50% Previous Base + CPI + $6.92 per ton 1999 50.00% Previous Base + CPI + $6.92 per ton 2000 50.00% Previous Base + CPI 2001 50.00% Previous Base + CPI 2002 50.00% Previous Base + Renegotiated CPI 2003 50.00% Previous Base + CPI 2004 50.00% Previous Base + CPI 2005 50.00% Previous Base + CPI 2006 50.00% Previous Base + CPI 2007 50.00% Previous Base + CPI 2008 50.00% Previous Base + Renegotiated CPI III. Combined Rate to CRT Not to exceed 3% 18.92 ('0.03000 x 18.92) + 18.92 = 19.49 (0.01547 x 19.49) + 19.49 = 19.79 (0.01270 x 19.79) + 19.79 = 20.04 (0.01755 x 20.04) + 20.04 = 27.31 (0.02402 x 27.31) + 27.31 = 34.89 (0.02948 x 34.89) + 34.89 = 35.92 (0.03000 x 35.92) + 35.92 = 37.00 (0.0287 x 37.00) + 37.00 = 38.06 For convenience purposes, the rate to CRT shall be $49.06 for all wastes delivered to CRT in the following example: $11 per ton for landfill costs $38.06 for base compensation $49.06 per ton (Note: CPI increases only apply to the base compensation component.) P _'d FRANCHISE HAULER AND TRANSFER STATION ACKNOWLEDGMENT THIS FRANCHISE HAULER ACKNOWLEDGMENT, dated as of 1997 (the "Acknowledgment "), is made and entered into by and between the OSTA MESA SANITARY DISTRICT, (the "District ") and COSTA MESA DISPOSAL, INC. (the "Franchise Hauler ") and C.R. TRANSFER, INC., a California corporation (the "Transfer Station "). WITNESSETH WHEREAS, the District and the Hauler have heretofore entered into an agreement entitled AGREEMENT, dated as of June 9, 1994, (the "Franchise "); and . WHEREAS, the Franchise provides for the collection and disposal of certain municipal solid waste as described therein ( "Franchise Waste ") generated within the District; and WHEREAS, the Franchise further provides that Franchise Hauler will deliver said solid waste to Transfer Station; and WHEREAS, the District also has an Agreement with Transfer Station by which District has agreed to deliver all curbside residential waste to Transfer Station; and WHEREAS, Orange County (the "County ") owns, manages and operates a sanitary landfill disposal system for municipal solid waste generated within the County; and WHEREAS, the District and the County have heretofore entered into a Waste Disposal Agreement, dated as of 04L64, /o , 1997 (the "Disposal Agreement ") determining that the execution of such Disposal Agreement will serve the public health, safety and welfare of the residents of the District and County, by maintaining public ownership and stewardship over the Orange County Landfill Disposal System (the "Disposal System "); and WHEREAS, under the Disposal Agreement, the County has agreed to provide long -term disposal of all municipal solid waste generated within the District and the District has agreed to exercise all legal, and contractual power which it possesses from time to time to deliver or cause the delivery of such waste to the Disposal System; and WHEREAS, the provisions of the Waste Disposal Agreement which guarantee capacity for the long term disposal of waste at specified rates generated in the District provide significant benefits to the Hauler and Transfer Station; and WHEREAS, notwithstanding any Franchise provisions to the contrary, the Franchise Hauler and the Transfer Station explicitly acknowledge the aforementioned benefits to the District, the County, the Hauler and the Transfer Station in providing for the disposal of all Franchise Waste to the Disposal System; and f I WHEREAS, the District, Franchise Hauler and the Transfer Station desire to enter into this Acknowledgment to assure the District, the Hauler and the Transfer Station will be entitled to the benefits of the Waste Disposal Agreement and to assure conformity with the waste delivery obligations which have been agreed to by the District under the Disposal Agreement through the delivery of waste by the Franchise Hauler and the Transfer Station to the Disposal System; and WHEREAS, the Franchise Hauler's agreement to deliver Franchise Waste to the Transfer Station, and Transfer Station's agreement to deliver Franchise Waste to the Disposal System under this Acknowledgment is given in consideration of the right to receive the Contract Rate for such disposal as provided in the Disposal Agreement. NOW, THEREFORE, in consideration of the premises and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto, intending to be legally bound hereby, agree as follows: 1. Capitalized terms used and not otherwise defined herein are used as defined in the Disposal Agreement. 2. The Franchise Hauler and the Transfer Station hereby waive any right which it may possess under applicable law to contest on any ground, constitutional, statutory, case law, administrative or otherwise, (a) the right, power or authority of the County or the District to enter into or perform their respective obligations under the Disposal Agreement, (b) the enforceability against the County or the District of the Disposal Agreement, or (c) the right, power or authority of the District to deliver or cause the delivery of all Controllable Waste to the Designated Disposal Facility in accordance with this Acknowledgment. 3. The District, the Franchise Hauler and the Transfer Station each hereby represent that this Acknowledgment has been duly authorized by all necessary action of their respective governing bodies. 4. The Franchise Hauler shall deliver or cause to be delivered all Controllable Waste (including all residue from the processing by any means, wherever conducted, of Controllable Waste), to the Transfer Station, and Transfer Station shall deliver any Residue (as that term is described in the Disposal Agreement) to the Disposal System, and shall otherwise assist the District in complying with its obligations under the Waste Disposal Covenant in Section 3.1 of the Disposal Agreement. 5. The Franchise Hauler shall not haul Controllable Waste to any materials recovery facility, composting facility, intermediate processing facility, recycling center, transfer station or other waste handling or management facility unless the contract or other agreement or arrangement between the Franchise Hauler and the operator of such facility is sufficient in the opinion of the County to assure that the Residue from such facility constituting City Acceptable Waste (or Tonnage equivalencies) and the City Acceptable Waste transferred by such facility shall be delivered to the Designated Disposal Facility in compliance with the Waste Disposal Covenant. I 6. The Transfer Station shall pay the Contract Rate imposed by the County at the Designated Disposal Facility for the disposal of all Controllable Waste, which rate shall be subject to potential adjustment necessary to reflect the circumstances set forth in the Disposal Agreement. 7. Nothing in this Acknowledgment is intended to restrict any right or responsibility explicitly given in the Franchise or to the Transfer Station to recycle City Acceptable Waste, except as provided in paragraph 5 above with respect to Residue from any such recycling operations. 8. The obligations of the Franchise Hauler under this Acknowledgment shall apply notwithstanding any provision of the Franchise which may conflict herewith. 9. This Acknowledgment may be enforced by the District by any available legal means. In any enforcement action by the District, the burden of proof shall be on the Franchise Hauler or Transfer Station, respectively, to demonstrate compliance herewith. 10. This Acknowledgment shall be in full force and effect and shall be legally binding upon the District, Franchise Hauler and Transfer Station from the date hereof and shall continue in full force and effect until the earlier of (i) the end of the term of the Franchise or Transfer Station agreement, respectively, or (ii) the end of the term of the Disposal Agreement. 11. The District, Hauler and Transfer Station agree that the County shall be an express third party beneficiary of this Acknowledgment, and shall be entitled to independently enforce the obligations of the Hauler and Transfer Station hereunder. Dated this L;cL day of , 1997 COSTA :MESA SANITARY DISTRICT COSTA i1ESA DISPOSAL, INC. By: 71] nr" President C.R. TRANSFER;,' INC. M am Costa Mesa � Fq Fq .Disposal ARecycling and Refuse Partnership September 2, 2004 Costa..Mesa Disposal & CR &R Incorporated CR &R Incorporated founded in 1963 Q Locally Owned & Operated CMD trucks will now be parked in Stanton yard CMD Trucks currently bein painted (red, white, & blue No changes made to CMD signage and phone number All vehicles used will be in compliance with AQMD & CARB Customer Care Not Just Another Hauler • CMD Staffing — Dan Otting Operations Manager — Frank Pedraza — Route Foreman - Sandra Alvarez — Customer Service Representative �f- • Database converted from address to parcel number • State Of The Art telephone system • T -1 line • High Speed Internet access • Electronic mail • Website with on line payment capabilities (in process) • Auto payment Call Center World Class Service • Call Center Manager • Real.Time Call Monitoring • Training &Support • 3.0 Second Hold Time Goal • Incentives • World Class Service (:n. °.r r:��'..�.�1- .rp -` =- .l�e..'�.Ya ■ii?' a u'�`-��` a. .,.,. .. �. _,.` ...i+`i':�x ���ci iz �..�' .. tZ U'z V' o�rU .2� t4 n I''_ -� • 2. €5+,�.'�-'7l f�77. 5 �° kl a ' - n °S'i+ y .. Mera Sage Add rF4e gOphonsg�tNetwak rT xY+a r t ReleasejsE iJ cf ` $Auto Rite Report iNedeStatusyy Temp Service S)� No / ld •'Dena 1n i14 tR ' -Caws O R KF 0- E- a3gTAT7 toti? . =. 4 . -..- x,1245 I La2af� , Maria 0: 0. 0: 0: 000000 00:01 . , _Stat�No /ldi.Desaglronrs;- �Ce6sln InErd` AvgrTa& TmelTdalTakTmek•LastCallEr�ded� J 1223 Firrocchro,Brian 16 16 000140; 002644. 8.5220AI4 1225 !HoytChrio6a 7 6 000131: 000906'. 8.5259AMi':CaIISWaltlllg 1233 1 Poulos EmBy 3_ 3 000202 000605 81052AM Q 1235 Vdaba Maria 6l 6 000158 001146 ,r 8434BAM Qv .1236 iScul6on,Raeanne 8: 6: 0001:59; 0015.54; 8.52:48 AM! J , 1229 Ma uiquez, Heather 17. 17 00:01:25: 00.24:13T 8:51:27 AM : -.. �►�' !Customer SeMce j Calls llValting�' .Managers . StatujNo`q „,;I,Desaplon�� In.InEnd AvgTakTTdalTaR TmeLazICa9Endelt 7225 H q)t Christina 15 13 00.0116. 001633 9.5259AMf C ,1236 ScuOicn,Raeame, 9: 9: 000120. 001156 R52:48AM _. _ Q 1235;CVi4aba Mmvin 11 11 „000206 `002326; 04348 AM r m� • • Dur Custc 80C Cl 40 -384 Customer Profile Customer no.: 84 -13007 1 Strt /Stop: 60200 Updated '2 /23/04 by MARIALi- Customer name: CHRIS ALEXANDER Alpha Search Code: ALEXANDER Billing addrs: 31091 AUGUSTA DR. City: LAGUNA NIGUEL State.CA Zip: 92677 TO: OCLN PL: BR -- Service addrs: 30 NEW CHARDON MN: LAGUNA NIGUEL CA 92677 Note Pad 1 2/23/04 16:10,REPR REPAIR COMTRIMER, -MF 2 1,%11 %04 9:30 REATG HAZARDOUS MRTERIRLS,, WRSI] , AIL ,IN, COMTR,IMER Mf 3 ;,5/05/03, A:02,RORD RORD CONAITIOMS /N0 PICKUP, Mf 4 2%20/03 10.49,000R COURTESY PICKUP TOOK CORTRIMERS OUT „LATE Mf 5 ,10%26/02 0,:19 OULKV 2ND, OULKY ITEMS f USCHEDULED- TABLE 8 DESK, Mf 6 D/07/02 13 22 OULKY AULKY ITEMS, PICKUP, -COUCH 6 CHAIR MF 7 6/01/00, , 8,:... *ARCM, ARTS ACCOUNT OPENED O8; 01 94 C[ Date Time Code' .................. te User 22404 858 MRRIAL NEW F1 -Main F2 -0k. F4 -Del F6 -Selec HAM F9- Mrk /Unmrk F10 =nevi F11'Vie a Costa Mesa Disposal For A Cleaner Community Container Management. - Inventory management - Resident requests - Changing out containers Q Operation Overflow — Photo snapped — Letter sent — Action taken Costa Mesa Disposal Above and Beyond Fully Automated Collection System Cost incurred by CMD / No cost to District CMD equipment retrofitted for automated collection Reduction in operating times and Worker's Comp. claims and insurance costs Reduction in broken barrels Adversities in Automation • Overloaded Containers • Areas restricted in space Challenging Areas Customer Acceptance • Advertising through various. outlets; Examples- Newspaper, Cable, Signage on Truck • Present benefits of automation to customers Costa: Mesa- Disposal / CR &R Recycling Meeting the needs of our communities Q School Recycling — Paper /Phone book recycling program — Additional . programs available A 2 x 1. 1, 74M i aq n- W i �*"' ' s qty s � � ' �} � °_ r� *�eA" �.oca vm rf is N�', �"' � � / , • 1 CR Transfer Always Leading The Way Corporate Processing Facilities Sort Line in Operation s.inc 1989 Combo Screen Adjustmen Materials Sorted.: Plastic (natural vs. color) Aluminum Other Metal Glass — Paper — Contaminants Future Steps In AB939 Continuing Compliance MRF option for Apartments /Condo /Town homes Self Haul Audit in partnership with other local jurisdictions Work with Landscapers Work with Self Haulers /Clean Up Crews Tonnage Reporting Accuracy