HomeMy WebLinkAboutUkiah Waste Solutions, Inc. 2011-12-12WASTE COLLECTION AGREEMENT
TABLE OF CONTENTS
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Page
Waste Collection Agreement
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1.
Franchise Grant
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2.
Definitions
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3.
Term
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4.
Franchise Fee; Other Fees
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5.
Services
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5.1 Solid Waste
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5.2 Recyclables
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5.3 Green Waste
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5.4 Food Waste
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5.5 Contaminated Materials
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5.6 Changes; Missed Pick -Ups
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5.7 Containers — Single Family Residential
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5.8 Containers — Multi -Family Residential, Commercial and Institutional
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5.9 Replacement or Addition of Containers
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5.10 Personnel and Equipment
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5.11 Disposal and Processing Facilities
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5.12 Local Office
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5.13 Pick -Ups at City Facilities
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5.14 Outreach and Public Education
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5.15 Fall Leaf Collection
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17. Successors and Assigns
18. Integration; Severability
Exhibit A — Waste Management Strategic Plan
Exhibit B —Recyclable Materials Agreement
Exhibit C — Curbside Rate Calculation
Exhibit D — Agreement for Receipt of Wood and Green Waste
Exhibit E — Initial Service Rates
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WASTE COLLECTION AGREEMENT
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This Waste Collection Agreement (the "Agreement") is made as of December 1 2011
by and between the City of Ukiah, a municipal corporation (hereinafter "City"), and Ukiah Waste
Solutions, Inc., a California corporation (hereinafter "Company"), with reference to the
following:
WHEREAS, Company currently collects and disposes of Solid Waste generated in City
pursuant to that certain Contract for Collection, Transportation and Disposal of Garbage, Refuse,
and Rubbish, and Recycling of Recyclables from within the City of Ukiah dated March 23, 1992,
as amended May 9, 1997, August 21, 1998, November 7, 2001 and April 16, 2008 (the "Prior
Agreement"); and
WHEREAS, Company has proposed a capital -intensive, long-term Strategic Waste
Management Plan (the "Strategic Plan"), including, but not limited to, Contractor financed
capital projects, for City and the other customers served by Company and its affiliates that is
designed to increase diversion, mandated by law, of Solid Waste from landfills, reduce
greenhouse gasses, convert waste into energy, and create new jobs, a true and correct copy of
which is attached hereto as Exhibit A; and
WHEREAS, undertaking the Strategic Plan will require a long-term commitment of
Company's staff, time and capital; and
WHEREAS, the parties wish to continue to assure the health, safety and public welfare of
City's residents and businesses by providing efficient services for recycling and the collection
and disposal of all Solid Waste generated in the City resulting in increased diversion pursuant to
the terms of a new, long-term agreement that replaces the Prior Agreement;
NOW, THEREFORE, in and for the mutual covenants herein and other good and
valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties
agree as follows:
1. F-r-anehise C=oaf4
1.1 City hereby grants to Company, and Company hereby accepts from City, the
exclusive franchise right and privilege, subject only to Section 1.3 below, to Collect, remove,
transport, Recycle, Process, compost and Dispose of all Solid Waste generated in City in
accordance with the provisions of City's laws and regulations pertaining to the accumulation,
collection and removal thereof and any other applicable law, including applicable State and
Federal statutes or administrative rules.
1.2 All Solid Waste Collected by Company pursuant to this Agreement shall become
the property of Company upon its possession thereof, provided that nothing in this section shall
be deemed a waiver by City of its rights and duties under this Agreement.
1.3 The franchise granted to Companly hereunder shall in all respects be exclusive,
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except as otherwise provided by applicable law and as follows:
(a) Recyclables generated at any Residential, Commercial or Institutional
Property that are Source Separated may be (i) transported personally by the Generating person
for sale or donation to a Processing facility that has been duly approved and authorized as such
by a governmental or other appropriate authority, including beverage containers Recycled at
authorized facilities under the California Beverage Container Recycling Litter Reduction Act, (ii)
may be sold or donated by the Generating person to any Charitable Entity, or (iii) sold by the
Generating person to any licensed Recycler (provided the Generating person is not charged any
amount by such Recycler, directly or indirectly);
(b) Solid Waste Generated at any Residential, Commercial or Institutional
Property may be personally transported by the person Generating same to any licensed landfill,
transfer station or materials recovery facility;
(c) Green Waste removed from a Residential, Commercial or Institutional
Property by a gardening, landscaping or tree trimming contractor as an incidental part of a
comprehensive service offered by such contractor, rather than as a hauling service, may be
disposed of by such contractor at any licensed transfer station or materials recovery facility,
provided that such contractor does not store the box, bin or container used for such purpose at the
location where the service is provided or remove such box, bin or container from such
contractor's truck;
(d) Construction Debris and Demolition Debris removed from a Residential,
Commercial or Institutional Property by a licensed construction or demolition contractor using
its own employees and equipment as an incidental part of a comprehensive service offered by
such contractor, rather than as a hauling service, may be disposed of by such contractor at any
licensed transfer station or materials recovery facility, provided that such contractor does not
store the box, bin or container used for such purpose at the location where the service is provided
or remove such box, bin or container from such contractor's truck; and
(e) Hazardous Waste and Household Hazardous Waste may be disposed of in
any lawful manner.
1.4 To the extent permitted by applicable law, City agrees to take such steps as may
be reasonably necessary to protect (a) Company's ownership of Solid Waste, including
Recyclables and Green Waste, placed at the curbside or designated collection location for
Collection by Company under the terms of this Agreement, and (b) Company's exclusive rights
to collect all Solid Waste, including Recyclables and Green Waste, in accordance with the terms
hereof. City's obligation under this Section 1.4 is subject to Company's agreement, upon request
of City, to reimburse City's reasonable expenses, including attorneys' fees and litigation
expenses, incurred in taking steps as agreed upon herein; provided, however, that nothing herein
shall prevent Company from taking any lawful action to protect its rights hereunder.
1.5 Except as expressly provided herein, this Agreement shall supersede the Prior
Agreement as of the Effective Date set forth in Section 3 below, when the Prior Agreement shall
cease to have any effect (except for periods prior to such Effective Date).
2. Definitions.
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2.1 "Authorized Facility" means a Disposal or Processing facility that has received
and is maintaining in good standing all regulatory or other approvals required by law to perform
the task for which Company is using the facility and which has been approved by the City
pursuant to Section 5.11 below.
2.2 "Billing Fees" means the billing fees payable to City pursuant to Section 6.6
below, including any fees or charges adopted to replace or supplement such billing fees.
2.3 "CCC" means Cold Creek Compost, Inc.
2.4 "Change in Law" means the enactment, adoption, promulgation, issuance,
modification, or written adoption or change in administrative or judicial interpretation on or after
the Effective Date of, any law, regulation, rule, order, judgment, decree, permit, approval or
other requirement of any governmental agency (including City) having jurisdiction over this
Agreement or Company's performance hereunder.
2.5 "Charitable Entity" means any not-for-profit organization or entity maintained for
community service, education or the public good, including service clubs, scouting
organizations, religious and educational organizations and recognized charities.
2.6 "Collect" or "Collection" means the collection, transportation and removal of
Solid Waste within and from City.
2.7 "Commercial Property" means property upon which business activity is
conducted, including but not limited to retail sales, services, wholesale operations,
manufacturing and industrial operations, but excluding businesses conducted upon Residential
Property that are permitted under applicable zoning regulations and are not the primary use of
the property.
2.8 "Construction Debris" means used or discarded construction materials generated
during the construction or renovation of a building, structure or other man-made improvement on
a Residential, Commercial or Institutional Property.
2.9 "Containers" means any and all types of Solid Waste receptacles supplied by
Company, including but not limited to rectangular bins, cylindrical containers, and any and all
other kinds of receptacles or bags, irrespective of size or shape.
2.10 "Customer" means the owner or occupant of Residential, Commercial or
Institutional Property.
2.11 "Demolition Debris" means used construction materials generated during the
razing or renovation of a building, structure or other man-made improvement on a Residential,
Commercial or Institutional Property.
2.12 "Disposal" means the permanent placing of Solid Waste in a facility legally
permitted to receive it.
2.13 "Disposal Costs" means Company's costs to deposit Solid Waste collected under
this Agreement at the Transfer Station (as defined in Section 5.11 below) or any other
Authorized Facility.
2.14 "Food Waste" means food that is discarded (as from a Commercial or Residential
Property kitchen).
2.15 "Franchise Fees" means the franchise fees payable to City pursuant to Section 4
below, including any fees or charges adopted to replace or supplement such franchise fees.
2.16 "Generate" means to create or render. A Customer is not considered to be the
Generator of Solid Waste if the material has merely been transported or moved to the Customer's
site.
2.17 "Green Waste" means tree trimmings, grass cuttings, plants, leaves, branches and
trees (not more than six (6) inches in diameter or more than four (4) feet in length) and similar
materials generated at a Residential, Commercial or Institutional Property.
2.18 "Hazardous Waste" means all substances defined as Hazardous Waste, acutely
Hazardous Waste or extremely Hazardous Waste by the State of California, or identified as
Hazardous Waste by the U.S. Environmental Protection Agency, under applicable laws or
regulations.
2.19 "Household Hazardous Waste" means Hazardous Waste that is generated at
Residential Properties.
2.20 "Institutional Property" means the premises or site of any governmental entity,
including city, county, state and/or federal buildings, public schools, colleges, and public
recreational sites.
2.21 "Multi -Family Residential Property" means any building or structure, connected
structure or series of structures used for residential purposes, and consisting of three (3) or more
distinct dwelling units, irrespective of whether the dwelling units are rental units or are
owner -occupied.
2.22 "Pass -Through Costs" means Disposal Costs, Processing Costs and Regulatory
Costs.
2.23 "Processing" means the act of salvaging, reprocessing, marketing and selling or
reusing Recyclables (including Food Waste and Green Waste) for the purpose of Recycling,
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whether directly or through one or more third parties, and shall include other means of diverting
Solid Waste from landfills pursuant to the Strategic Plan.
2.24 "Processing Costs" means the costs of Processing.
2.25 "Recyclables" means Solid Waste which may be reused or processed into a form
suitable for reuse through reprocessing or remanufacture consistent with the requirements of the
California Integrated Waste Management Act of 1989, as amended ("AB 939"), including,
without limitation, paper, newsprint, printed matter, pasteboard, paper containers, cardboard,
glass, aluminum, PET, HDPE, and other plastics, beverage containers, compostable materials
(including Green Waste and Food Waste), and wood, brick and stone in reusable size and
condition. Recyclables shall include those items of Construction Debris and Demolition Debris
which are described in this Sections 2.8 and 2.11. Company shall report changes in Recyclables
collected at the curbside to the City Manager who must approve those changes.
2.26 "Recycle" means the process of reusing or processing Solid Waste into a form
suitable for reuse consistent with the requirements of AB 939.
2.27 "Regulatory Costs" means all regulatory and governmental fees and charges
incurred by Company in connection with providing services under this Agreement, including,
without limitation, Franchise Fees, Billing Fees, commercial oversight fees and landfill closure
costs payable to City.
2.28 'Residential Property" means Single Family Residential Property and Multi -
Family Residential Property.
2.29 "Single Family Residential Property" means any building or structure, connected
structure or series of structures used for residential purposes, and consisting of less than three (3)
distinct dwelling units, irrespective of whether the dwelling units are rental units or are
owner -occupied.
2.30 "Solid Waste" means all putrescible and nonputrescible residential refuse,
commercial solid waste, institutional solid waste, garbage, Green Waste, Food Waste and
rubbish as defined in Public Resources Code Section 40191, including, without limitation, for the
purposes of this Agreement Construction Debris, Demolition Debris, Recyclables, but excluding
Hazardous Waste and Household Hazardous Waste.
2.31 "Source Separated" means Recyclables that are separated at the Residential,
Commercial or Institutional Property where they are generated from Solid Waste and other
Recyclables that are Collected separately, and which are saleable or acceptable for Processing
without further sorting, including, but not limited to, Recyclables consisting of glass, paper,
plastic, cardboard, tin cans and aluminum cans which are separated from all other Recyclables
and Solid Waste, Green Waste which is separated from all other Recyclables and Solid Waste,
and Food Waste which is separated from all other Recyclables and Solid Waste.
3. Term. Subject to earlier termination in accordance with the terms of this Agreement, the
term of this Agreement shall commence on January 1, 2012 (the "Effective Date") and continue
for a period of fifteen (15) years through December 31, 2026, provided that Company shall have
one (1) option to extend this Agreement and the franchise granted hereunder on the terms and
conditions herein for a period of five (5) years commencing January 1, 2027 and ending
December 31, 2031. Notice of Company's exercise of such option must be given at least six (6)
months prior to December 31, 2026. The option to extend hereunder may not be exercised
unless Company is in material compliance with the terms of this Agreement at the time of
exercise and on December 31, 2026. It is the parties' intention that, subject to prior termination
hereunder or thereunder, the term of this Agreement be coextensive with the term of the Transfer
Station Agreement between City and Solid Wastes Systems, Inc. ("SWS") of even date herewith
(the "Transfer Station Agreement").
4. Franchise Fee; Other Fees. Company shall be liable to City for a franchise fee equal to
fifteen percent (15%) of the gross revenues collected by Company from Customers within the
City limits during the term of this Agreement or such other percentage of such gross revenues as
the City Council may establish from time to time. Within thirty (30) days after the end of each
calendar month, Company shall send City a statement detailing gross revenue received by
Company from Commercial and Institutional Customers, and from the Multi -Family Residential
Customers that Company bills, for the prior calendar month, and City shall send Company a
statement showing how City calculated the amounts withheld in accordance with this Section 4
and Section 6.6 below from its payment to Company for the prior calendar month. As soon as
City's billing system permits it to generate the following statement, City will provide Company
within thirty (30) days after the end of each calendar month with a statement detailing the
amounts billed by City to the Residential Customers billed by City, the amounts collected by
City from such Customers, the amounts paid to Company and all amounts withheld from such
payments in accordance with this Section 4 and Section 6.6 below for the prior calendar month.
In addition, each party shall maintain copies of all its billing and collection records for three (3)
years following the date of billing for inspection and verification by the other party. Company
shall also owe City a Billing Fee pursuant to Section 6.6 below, a commercial oversight fee of
$10,000 per calendar year and a landfill closure cost of $60,000 per calendar year. The
Franchise Fee, the Billing Fee, the oversight fee and the landfill closure fee shall all be paid by
means of City's withholding such amounts from the payments City makes to Company in respect
of the revenues City bills to Residential Customers in accordance with Section 6.6 below. The
annual oversight and landfill closure fees will each be withheld at the rate of one -twelfth per
month.
Services.
5.1 Solid Waste. Company shall Collect and Dispose of all Solid Waste (other than
Source Separated Recyclables, which are subject to Section 5.2 below, and Source Separated
Green Waste and Food Waste, which are subject to Section 5.3 below) generated at every Single
Family Residential Property within City once each week on a regularly scheduled day, and at
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every Multi -Family Residential, Commercial and Institutional Property within City upon a
schedule established between Company and each Generating person (or the owner, landlord or
property manager, in the case of Multi -Family Residential Properties), but at least once each
week on a regularly scheduled day, in accordance with this Agreement. Solid Waste shall not be
put out for Collection with Hazardous Waste or Household Hazardous Waste in the same
Container. Company will not collect Solid Waste, including Recyclables, on New Year's Day,
Memorial Day, July 4t', Labor Day, Thanksgiving Day or Christmas Day, and will make
appropriate adjustments to its collection schedule in order to avoid an excessive accumulation of
Solid Waste on such days.
5.2 Recyclables. On the same day as specified by Company under Section 5. 1,
Company shall collect all Source Separated Recyclables (other than Green Waste and Food
Waste) Generated at every Residential Property within City once each week on a regularly
scheduled day in accordance with this Agreement. Company shall collect all Source Separated
Recyclables (other than Green Waste and Food Waste) Generated at every Commercial and
Institutional Property within City upon a schedule established between Company and each
Generating person (or the owner, landlord or property manager, in the case of Multi -Family
Residential Properties), but not less frequently than weekly.
5.3 Green Waste. On the same day as specified by Company under Section 5. 1,
Company shall collect all Source Separated Green Waste Generated at every Residential
Property within City once each week on a regularly scheduled day in accordance with this
Agreement. Company shall collect all Source Separated Green Waste Generated at each electing
Commercial and Institutional Property within City upon a schedule and at rates established
between Company and each Generating person, but not less frequently than weekly.
5.4 Food Waste. Subject to Company's obtaining all necessary permits, and
Company and City agreeing upon the specific terms of the program, including applicable Rates
and methods of collection, Company shall commence a pilot Food Waste Collection program for
Commercial and Institutional Properties as soon as possible but by no later than June 1, 2013.
No later than six months after commencement of such pilot program, Company and City will
develop the specific terms, including applicable Rates and methods of collection, for an ongoing
Food Waste Collection programs for all Residential, Commercial and Institutional Properties,
subject to Company's obtaining all necessary permits. In developing such a program Company ,
shall provide City with a list of any proven options, including, but not limited to, open air
composting, in vessel composting and anaerobic digestion, information about potential
Processing Facilities, and a comparative analysis of the methods of collection, feasibility, cost,
impact on rates, and environmental benefits of each alternative. City may request additional
information before approving a program.
5.5 Contaminated Materials. Company may refuse to collect Solid Waste,
Recyclables, Green Waste or Food Waste Generated by, and shall not be obligated to continue to
provide any Solid Waste, Recyclables, Green Waste or Food Waste Container to, any person
who after reasonable warning, fails to sort Solid Waste, Recyclables, Green Waste or Food
Waste properly, or fails or refuses to allow Company to Collect, on an exclusive basis, said
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person's Solid Waste, Recyclables, Green Waste or Food Waste. Company shall make available
to City any warning notices issued by Company for this purpose, and City shall investigate same
to determine whether the person receiving the notice has violated the applicable ordinance.
Company may alternatively assess a contamination charge in accordance with Exhibit E in such
instances.
5.6 Changes; Missed Pick -Ups. Company shall not alter or adjust Collection services
without providing prior notice to all service addresses, and any schedule modifications shall not
result in reduced service frequency to any Customer. Company shall collect and remove Solid
Waste and Recyclables from any premises "missed" or "skipped" during the regularly scheduled
time, within one (1) working day after demand for collection is made by the Customer or City.
5.7 Containers -Single Family Residential. Company shall collect Solid Waste,
Recyclables, Green Waste and Food Waste from Single Family Residential Properties in City in
the following types of Containers: Solid Waste — 10, 20, 32, 64 or 96 gallons, Recyclables —32
(Billy Goat Run), 64 or 96 gallons, Green Waste — 32 (Billy Goat Run), 64 or 96 gallons, Food
Waste — sizes proposed by Company and approved by the City Manager. Company has provided
and distributed one set of Solid Waste, Recyclables and Green Waste Containers, at no cost in
addition to the monthly rates, to each Single Family Residential Property in City, and will
provide such a set to each new Single Family Residential Property in City after the Effective
Date, and will provide a Food Waste Container of the approved size to each Single Family
Residential Property upon commencement of the relevant Food Waste Collection program.
Nothing in this section shall be deemed to preclude the use of bins or other Containers of a size
and shape, which are compatible with approved rates, acceptable to and supplied by Company
and, in the event City and Company shall institute new programs hereunder which require bins or
other Containers of a particular size and shape, Customers on single unit Residential Properties
shall use bins or other Containers supplied by Company meeting such requirements.
5.8 Containers- Multi -Family Residential, Commercial and Institutional. Company
shall collect Solid Waste, Recyclables, Green Waste and Food Waste from Multi -Family
Residential Properties, Commercial Properties and Institutional Properties in City in a size and
shape suitable for each such location from the following capacities: 10, 20, 32, 64 or 96 gallon
carts, two -yard, three -yard, four -yard and six-yard bins, and 15 -yard, 20 -yard and 30 -yard boxes.
5.9 Replacement or Addition of Containers. Company shall replace, at no charge to a
Single Family Residential Generator but not more than once a calendar year, a Solid Waste,
Recyclables, Green Waste or Food Waste Container that is stolen from the curb. If from time to
time a Single Family Residential Generator may wish to have additional Containers, Company
shall make additional Containers available for free and adjust the Generator's service rate. A
replacement Container will be provided free to any Single Family Residential Generator
returning the original Container for a Container of a different size, but not more than twice a
calendar year. Company will maintain and repair Containers at its cost, and shall repair or
replace damaged Containers, at Company's option, upon request of a Customer or City. The
ownership of all Containers purchased by Company under this Agreement shall be and remain
with Company.
5. 10 Personnel and Equipment. Company shall furnish sufficient personnel, labor and
equipment required for the Collection, removal, handling, Processing and Disposal of all Solid
Waste Generated within the corporate limits of the City in compliance with this Agreement and
the City's applicable law or City policy.
5.11 Disposal and Processing Facilities.
(a) Solid Waste. Company shall transport all Solid Waste collected by it in
City to the transfer station operated by SWS and located at 3151 Taylor Drive, Ukiah, California
(the "Transfer Station"). All of such Solid Waste that is not Recycled shall be hauled to a
licensed disposal facility in accordance with the terms of the Transfer Station Agreement. The
gate fee paid by Company to SWS for Solid Waste delivered to the Transfer Station shall be as
determined under the Transfer Station Agreement.
(b) Recyclables. Company shall transport all Source Separated Recyclables
(other than Green Waste and Food Waste) Collected by it curbside from Residential Customers
in City to the materials recovery and green waste facility operated by Pacific Recycling
Solutions, Inc. ("PRS") and located at 4260 North State Street, Ukiah, California (the "PRS
Facility") for Processing. Company shall transport all other Recyclables collected in City to the
Transfer Station. Any residue from such Recyclables that cannot be Recycled shall be Disposed
of in accordance with the Transfer Station Agreement if delivered to the Transfer Station, or at
any Authorized Facility selected by PRS, if delivered to the PRS Facility. PRS shall pay
Company the amounts determined under that certain Recyclable Materials Agreement between
PRS and Company of even date with this Agreement attached hereto as Exhibit B for
Recyclables delivered to PRS by Company (the "Recycling Agreement"). The amount, if any,
paid by Company to SWS for Recyclables delivered to the Transfer Station shall be as
determined under the Transfer Station Agreement.
(c) Green and Food Waste. Company shall transport all Source Separated
Green Waste and Food Waste collected by it in City to any or all of the following facilities: the
Transfer Station, the PRS Facility or the Scotia biomass conversion facility (the "Scotia
Facility") for Processing; provided, however, that, notwithstanding any other provision in this
Agreement, Company shall arrange for delivery of an average of 400 tons per calendar month,
subject to seasonal adjustments affecting the amount of Green Waste available, of Green Waste
(including Green Waste generated in City), un -ground but presorted, to the CCC facility so long
as (1) CCC is licensed to accept Green Waste from City, (2) CCC is in full compliance with its
license, (3) CCC is the only licensed composting facility in Mendocino County that is licensed to
accept and is capable of accepting the full range of inputs accepted by CCC as of April 1, 2008,
(4) CCC charges not more than $32.00 per ton for the first 200 tons of such Green Waste in the
aggregate delivered per calendar month ,(which may represent more than the actual Green
Waste collected curbside in City by Company), and correspondingly CCC will accept, at no
charge for any tons in excess of 200 delivered in such month (which represents Green Waste
from sources other than City), and (5) CCC continues to accept sheet rock from Company, SWS
and PRS at no charge; and, provided, further, that Company's obligation shall be deemed
satisfied by Green Waste arranged to be delivered by SWS to the CCC facility pursuant to
Section 4.5 of the Transfer Station Agreement. Any residue from the Green Waste generated in
City that cannot be Processed shall be disposed of in accordance with the Transfer Station
Agreement if delivered to the Transfer Station, or at any Authorized Facility selected by PRS, if
delivered to the PRS Facility. The amount paid by Company to SWS for Green Waste delivered
to the Transfer Station shall be as determined under the Transfer Station Agreement, and the
amount paid by Company to PRS for Green Waste delivered to the PRS Facility shall be as
determined under that certain Agreement for the Receipt of Green and Wood Waste between
PRS, Company and SWS of even date with this Agreement and attached hereto as Exhibit C.
(d) Alternate, Successor and Other Authorized Facilities. Company shall
provide City with written notice as soon as Company knows that it will use a Processing Facility
instead of or in addition to the PRS Facility, the Scotia Facility or CCC. The notice shall provide
the name and location of the proposed Facility, the anticipated gate fee and other charges for
Processing at that Facility, and a copy of the proposed contract between Company and such
Facility. Company shall also provide City with any additional information about such
Processing Facility reasonably requested by City. Company's use of the proposed Processing
Facility shall be subject to approval by the City Council, which shall not be unreasonably
withheld. In acting on a request for approval, the City shall consider, among other things,
whether the use of that Facility is reasonably consistent with the Strategic Plan, as attached, or
revised with approval of the City Council, available at a reasonable cost to the ratepayers
considering the environmental benefits and the available alternatives, and otherwise qualifies as
an Authorized Facility. The City Council may consider any other factor reasonably related to a
legitimate City interest in its management of waste collection and disposal, including, but not
limited to, alternative technologies and facilities, the impact on rates, past performance and
regulatory compliance history of the Processing Facilities under consideration, factors affecting
the facilities' future performance, and the public interest. In the event that the Transfer Station,
the PRS Facility, the CCC facility, the Scotia Facility or any other Authorized Facility described
above cannot accept Solid Waste, Recyclables, Green Waste, or Food Waste Generated in City
on a temporary basis due to no fault of Company, or due to events beyond the control of
Company, such as acts of God, public emergency, strike or lockout by employees of another
entity unrelated to Company, Company shall locate and use an alternate licensed facility for the
duration of such circumstance; provided, however, that City approval in accordance with this
Section 5.11(d) shall be required if the Authorized Facility cannot accept Solid Waste for a
period of time exceeding three (3) months.
5.12 Local Office. Company shall maintain an office in or in close proximity to the
City, as approved by the City Manager, where service may be applied for and complaints made.
The address and telephone number of such office shall regularly be included in Customer billings
and service information distributed to the public. Company's office shall have a responsible
individual available daily between the hours of seven -thirty o'clock a.m. and four o'clock p.m.,
excepting Saturday, Sunday and holidays. Calls for missed collections shall be received 24
hours per day, by answering machine after four o'clock p.m. and on Saturdays, Sundays and
holidays.
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5.13 Pick -Ups at City Facilities. Company shall provide Containers and remove,
without charge, all Solid Waste, Source Separated Recyclables and Source Separated Green and
Food Waste Generated at all City facilities, including from City street cans, (of the nature and in
the amounts currently collected) at least once per week, but Company may charge all other
public agencies for services rendered at the same rates and on the same basis as Commercial
Customers are charged for similar services. Company shall also remove, without charge, all grit
and screenings from City's wastewater plant as scheduled by Company and City
5.14 Outreach and Public Education. Company shall execute a public awareness
campaign for recycling by Residential and Commercial Customers, which campaign will include
an up to date Web Site that includes educational information, a business waste reduction
program, a school Recycling program and a flyer in Company's billing statements (or posted on
Company's website) not less than every six months. City shall provide Company with free space
at all City -sponsored events to promote the campaign. Additional activities shall be available at
additional cost by mutual agreement of the parties. Company shall also provide each new
Customer with a packet of information regarding the curbside Recycling and Green Waste
programs, and, if in effect, a Food Waste program, as well as information cards to be used in the
event that a Customer places materials out for Recyclables, Green Waste or Food Waste
collection that are not acceptable as set forth in this Agreement. Such card shall be left with the
Customer's container or bin and shall inform the Customer why the materials were not picked
UP.
5.15 Fall Leaf Collection. Company shall provide all Customers with reasonable leaf
collection without charge during the week after Thanksgiving each year in Containers and/or
bags approved or provided by Company. City shall prepare and pay for an insert in all Customer
billing advertising this service.
5.16 Sig Clean -0 Week. Company shall provide all Customers with reasonable
Green Waste collection without charge during the third week of April each year, including the
collection of tree branches not to exceed six (6) inches in diameter or four (4) feet in length.
5.17 Additional Services. Company shall provide additional services upon request of
City, or upon the proposal of Company as approved by City pursuant to Section 5.19 below,
subject, if the costs incurred by Company to provide such services increase, to the establishment
by mutual written agreement of a reasonable service Rate therefor.
5.18 Permits and Licenses. Company shall obtain and maintain throughout the term of
this Agreement all permits, licenses and approvals necessary or required for Company to perform
the work and services described herein. City shall reasonably cooperate with Company in
connection with obtaining or renewing such permits, licenses and approvals.
5.19 Diversion Requirements. In an effort to assure City's continuing compliance with
the current and any future diversion requirements set forth in the California Integrated Waste
Management Act of 1989, as amended ("AB 939"), Company shall propose and City may
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require Company to adopt and implement various recycling, Solid Waste reduction, public
education and reporting programs for City and its residents, subject to City taking all actions
necessary to implement such programs and approving reasonable service rate increases needed,
if any, in connection therewith.
6. Rates.
6.1 Establishment of Rates. The service rates specified in Exhibit E to this
Agreement (the "Rates") shall take effect on the Effective Date, subject to approval by the City
Council and compliance with the notice and hearing requirements in Article XIII.D of the
California Constitution and Government Code Sections 53750 et seq. (collectively, "Proposition
218"). Such Rates shall be adjusted pursuant to Sections 6.2, 6.3, 6.4 and 6.5 below, subject to
compliance with the notice and public hearing requirements of Proposition 218 as provided in
such Sections. The parties' agreement to subject the Rates and certain adjustments thereto to the
notice and public hearing requirements of Proposition 218 is precautionary only and shall not be
deemed an admission that Proposition 218 applies to the Rates or such adjustments. Company
shall not charge any amount in excess of the approved Rates for services required by or
permitted under this Agreement.
6.2 Modification Based on Consumer Price Index Fuel Index Recycling Reduction
and Certain Pass -Through Costs.
(a) Adjustment Calculation. Each Rate shall be adjusted January 1st every
year, beginning January 1, 2013 ("Rate Adjustment Date") to reflect changes in the CPI, the Fuel
Index, the amount paid to Company by PRS for Recyclables and certain Pass -Through Costs by
a percentage determined in accordance with the Curbside Rate Calculation attached hereto as
Exhibit C (the "Calculation").
(b) Definitions. For purposes of Rate adjustments pursuant to this Section 6.2
and the Calculation, the following terms shall have the following meanings.
(i) "Base Fuel Costs" means Company's actual costs for diesel and
other fuels used in performing services under this Agreement for the year ended December 31,
2010 or $200,641.15.
(ii) "Base Revenue" means Company's total revenue received from
Customers during the Comparison Year.
(iii) "Base Year" means the year ended June 30th one year prior to June
30th of the Comparison Year.
(iv) "Comparison Year" means the year ended June 30th immediately
prior to the relevant Rate Adjustment Date.
(v) "Commercial Oversight Fees" means the total amount of commercial
oversight fees, including any fees or charges adopted to replace or supplement such fees, paid by
Company to City in accordance with Section 4 and 6.6 during the Comparison Year.
(vi) "CPI" means the Consumer Price Index, All Urban Consumers,
U.S. City Average, All Items (1982-1984=100), published by the United States Department of
Labor, Bureau of Labor Statistics.
(vii) "Disposal Fees — Garbage" means the actual Disposal Costs paid by
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Company to SWS for Solid Waste delivered by Company to the Transfer Station during the
Comparison Year.
(viii) "Disposal Fees — Green Waste" means the actual Processing Costs
paid by Company to CCC, PRS or any other Authorized Facility for Green Waste delivered by
Company to the CCC facility, the PRS Facility or such Authorized Facility, respectively, during the
Comparison Year.
(ix) "Fuel Costs" means Company's actual costs for diesel and other
fuels used in performing services under this Agreement during the Comparison Year.
(x) "Fuel Index" means the California No.2 Diesel Retail Sales by all
Sellers (Dollars Per Gallon) published by the U. S. Energy Information Administration.
(xi) "Landfill Closure Costs" means the total amount of landfill closure
fees, including any fees or charges adopted to replace or supplement such fees, paid by Company
to City in accordance with Section 4 and 6.6 during the Comparison Year.
(xii) "Recycle Credit" means the product of (A) the average monthly
weighted average price (AMWAP) per ton PRS is required to pay to Company under the
Recycling Agreement for Source Separated Recyclables collected by Company curbside from
Residential Customers during the Comparison Year, but not less than $5.00, times (B) the total
tons of such Recyclables so delivered by Company to PRS and accepted by PRS during the
Comparison Year; provided, however, that if the amount of Recyclables rejected by PRS under
Section 2 of the Recycling Agreement averages over any consecutive six month period more
than 5% of the total Recyclables delivered to PRS ("the Acceptable Rejection Rate"), the credit
shall include AMWAP, but not less than $5.00, times the tons of Recyclables rejected by PRS
for that same six month period in excess of the Acceptable Rejection Rate.
(xiii) "Total Costs" means all of Company's costs to provide Collection
services under this Agreement, including, without limitation, labor costs, vehicle and vehicle -
related costs, maintenance, insurance, and transportation costs, Fuel Costs and Pass -Through
Costs.
(c) Rules. For purposes of Rate adjustments pursuant to this Section 6.2 and
the Calculation, the following rules shall apply.
(i) "CPI Change" shall be calculated as one hundred percent (100%)
of the percentage increase or decrease, if any, in the CPI during the Comparison Year, using the
CPI published for June of such Year as compared with the CPI published for June of the Base
Year.
(ii) "Fuel Index Change" shall be calculated as one hundred percent
(100%) of the percentage increase or decrease, if any, in the Fuel Index from June of the Base
Year through June of the Comparison Year; provided, however, that, notwithstanding Section
6.2(b)(iii) above, "Base Year" for purposes of the Fuel Index Change shall mean the year ended
June 30, 2010; and, provided, further, that the Fuel Index Change adjustment (i.e., Fuel Index
Change multiplied by Base Fuel Cost) for any Rate Adjustment Date shall be calculated after
removal of such adjustment for the prior Rate Adjustment Date.
(iii) Each adjustment element in the first part of the Calculation will be
grossed up for the corresponding increase or decrease in Franchise Fees and Billing Fees (where
applicable) resulting from such adjustment, other than the CPI adjustment.
(iv) Rate adjustments for changes in Commercial Oversight Fees or
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Landfill Closure Costs that take effect on a date other than January 1St, as well as changes in
other Pass -Through Costs, will be determined under Section 6.3 below and not under this Section
6.2.
(d) Procedure. The procedure for Rate adjustments under this Section 6.2
shall be as follows:
(i) Not later than August 15th of each year, Company shall file with
the City Manager a written notice of intention to adjust each of the then current Rates effective
as of January 1 st of the next year in accordance with Section 6.2(a) through (c) above.
(ii) Within sixty (60) days of the filing of the notice of intention, the
City Manager shall review the notice and either confirm that the proposed Rates are within the
limit of Section 6.2(a) though (c) above or establish by mutual agreement with Company any
necessary changes to the proposed Rates to make such confirmation.
(iii) Not later than October 20th, the City Manager shall inform the
City Council in writing of his or her determination regarding the proposed new Rates and the
City Council shall be entitled to review and confirm that the proposed Rates are within the limit
of Section 6.2 above or establish by mutual agreement with Company any necessary changes to
the proposed Rates to make such confirmation, not later than November 20th. Any new Rates
shall become effective on the following January 1St, provided that the Company and the City
shall give the respective Customers that each bills written notice of the new Rates not later than
December 1 st.
(iv) In the event that the CPI or the Fuel Index described in Section
6.2(b) above shall be discontinued or materially modified during the term of this Agreement, the
parties shall together select a replacement index and/or otherwise change Section 6.2(b) above so
as to replicate, as nearly as possible, the mutual intention of the parties to rely on the results of
the relevant index described in Section 6.2(b) as in effect on the date hereof.
6.3 Modification Based on Changes in Pass -Through Costs. In addition to
adjustments under Section 6.2 above, each Rate shall be adjusted to reflect changes in Pass -
Through Costs that are not the subject of Rate adjustments pursuant to Section 6.2 above, as
follows. Using the section of the Calculation entitled "Revenue Base," each Rate shall be
increased by an amount equal to the increase in applicable Pass -Through Costs, and decreased by
an amount equal to the decrease in applicable Pass -Through Costs, in each case so as to cause all
the Rates to compensate for such change in Pass -Through Costs as of the date such change
becomes effective and either payable by or a benefit to Company, and taking into account the
increase or decrease in Franchise Fees and/or Billing Fees payable in respect of such change.
6.4 Five Year Review. Once every five (5) years (beginning no later than April 2,
2016 for purposes of adjusting the Rates effective January 1, 2017), City shall conduct a review
for the purpose of determining whether or not the automatic adjustments provided in Sections 6.2
and 6.5 have adequately adjusted the rates to cover the actual increase or decrease in the
Company's reasonable operating costs or have exceeded those costs and whether the Rates
remain fair to the ratepayer and the Company. Depending on the results of that review the City
may increase or decrease the rates. City shall complete each such review and adjustment, if any,
at least three months (3) prior to the beginning of such year (by September 30, 2016 in the case
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of the first such review), and Company shall cooperate with such review. In conducting each
such review, City shall consider the following information: financial records of Company
(including operating expenses and revenues and Disposal, Processing, Regulatory and other costs
of Company, and Company revenues), the factors described in Section 6.5 below, and rates
charged for comparable services in similar communities. Increases or decreases in the Rates
pursuant to this Section 6.4 shall be subject to the notice and public hearing requirements of
Proposition 218. The City may conduct such investigation as it deems necessary to perform this
review and Company shall cooperate with such investigation, which may include the City's
inspection and copying of Company records and Review and/or Audit of Company's financial
records by a City retained CPA, the costs of which shall be reimbursed to City from Base
Revenue but treated as a pass-through cost for rate setting purposes.
6.5 Modification Based on Extraordinary Items. In addition to adjustments under
Sections 6.2, 6.3 and 6.4 above, Company may request an increase in the Rates if Company's
costs increase or its revenues decrease solely as the result of extraordinary circumstances beyond
its control that could not have been reasonably anticipated by Company (such as a Change in
Law) and if the increase in costs or decrease in revenues unavoidably adversely affects
Company's opportunity to operate at a reasonable profit. Company shall have the burden of
producing evidence satisfactory to City demonstrating its need for a rate increase prior to the
regular Five Year Review pursuant to Section 6.4 above, including, but not limited to, reviewed
or audited financial statements of Company, if requested by City. The City Council shall
consider the request in good faith. Any such increase shall only be approved through the notice
and hearing requirements in Proposition 218.
6.6 Billing. Company shall bill directly for all Solid Waste, Recyclables and Green
and Food Waste Collection services provided herein to all Commercial and Institutional
Customers, and to those Multi -Family Residential Customers assigned by City to Company for
billing. Company and City shall regularly exchange billing lists to avoid double billing and to
insure that Company is following the City's direction regarding its direct billing of Multi -Family
Residential Customers. City shall bill all Residential Customers (except those currently billed by
Company as approved by City) for all Solid Waste, Recyclables and Green and Food Waste
Collection services hereunder. Each Commercial or Institutional Customer will be billed for one
(1) month of service in advance upon commencement of service, and thereafter for one (1)
month of service in arrears. Interest of one percent (19/6) per month or the highest rate permitted
under applicable law, whichever is less, shall be applied to any past due amounts from all
Customers until paid in full. Amounts shall be past due if not paid within thirty (30) days of
billing. Company shall have the right to refuse service to any Customer that is more than sixty
(60) day's delinquent on his, her or its account; provided, however, that if the City is forced to
take enforcement action against a Customer who has been refused service, Company shall pay
the City's costs to take such enforcement action as is necessary to protect public health and
safety. Company shall pay City three percent (3%) of the amount billed by City to Residential
Customers as a billing fee. City shall pay to Company all amounts billed to Residential
Customers, less Billing Fees, Franchise Fees, commercial oversight fees and landfill closure
costs (in accordance with Section 4 above), and a delinquency allowance equal to one-half
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r � �
percent (0.5%) of such billings, monthly within thirty (30) days of the end of the calendar month
for which the Residential Customers are billed. When permitted by the City's accounting
software, the City will reconcile the amount held by City as a delinquency allowance at the end
of each calendar quarter and shall pay Company, within thirty (30) days after the end of such
quarter, the portion of such amount that exceeds the actual delinquent billings for such quarter.
6.7 Proposition 218. Notwithstanding any other provision in this Agreement, in the
event that the Rates or any modifications thereof are invalidated by a final non -appealable
judgment in a court action challenging them as in violation of Proposition 218, and Company's
operating costs exceed its revenue for a continuous period of six months since the date of the last
Rate adjustment, Company shall have the right, exercisable by written notice to City within
ninety (90) days after the entry of such judgment, to terminate this Agreement effective One
Hundred Twenty (120) days after City's receipt of such notice.
7. Provisions Applicable to Equipment and Personnel.
7.1 Company shall use in connection with transportation of Solid Waste modern
motor dump trucks with water tight bodies, sufficient in number and capacity to efficiently
perform the work required by this Agreement and to comply with all applicable legal
requirements. Company shall keep the outside of the truck bodies free from dirt and filth, and
shall clean the inside of the trucks in a sanitary manner on a regular basis. Suitable measures
shall be taken to prevent refuse from falling into public streets or places. Company shall keep all
trucks freshly painted in a uniform manner, and the firm name or logo, telephone number, and
truck number of each truck shall appear in a conspicuous manner. Company shall keep all trucks
in good maintenance and repair, regularly inspect same, keep accurate records of all vehicle
maintenance, and replace as needed.
7.2 Company shall not litter premises in the process of making collections nor allow
refuse to blow or fall from any vehicle used for collections. Company shall clean up any and all
spills, including oil and debris on the streets, resulting from its operations. Should Company fail
to promptly clean up such spills resulting from its operations after notice from City, Company
shall be liable to City for all reasonable costs incurred by City in doing so.
7.3 Company shall provide suitable operational, and safety training for all of its
employees who utilize or operate vehicles or equipment for Collection of Solid Waste or who are
otherwise directly involved in such Collection. Company shall use its best efforts to assure that
all employees present a neat appearance, conduct themselves in a courteous manner, and perform
the work as quietly as possible. Company shall also designate one or more qualified employees
as supervisors of field operations, who will devote a substantial portion of their time in field
checking Collection operations, including responding to complaints.
7.4 City officials shall at all times have access on 24 hours' prior written notice to
inspect Company's work during operations and Company's facilities for purposes of ascertaining
full knowledge respecting the conduct of Company's operations.
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8. Records and Reports.
8.1 Company shall keep and maintain accurate books and records in accordance with
the most recently adopted Accounting Standards Codification of generally accepted accounting
principles by the Financial Accounting Standards Board clearly showing its revenues and
expenses in connection with the operations provided for in this Agreement. Company shall
maintain records accounting by category for the tonnage of Solid Waste, Green Waste, Food
Waste and Source Separated Recyclables Collected pursuant to this Agreement on a monthly,
quarterly and annual basis.
8.2 Every three (3) months after the Effective Date through the date which applies for
purposes of measuring compliance with the diversion requirements of AB 939, Company shall
supply City with a written report setting forth Company's best estimate of the diversion rate as of
the end of the most recent month. Company shall also supply City with such related information
as City may reasonably request and as Company possesses or is required by this Agreement to
possess concerning such estimate.
8.3 Every three (3) months after the Effective Date, Company shall provide City with
a written financial report on the amounts billed by Company to each Multi -Family Residential,
Commercial and Institutional Customer and the amounts paid by such Customer.
8.4 Not later than March 31 each year, or when otherwise requested by City,
Company shall provide City with a complete customer list for all Customers with the service
type, billing rate, and name and address of each Customer.
9. Hold Harmless and Insurance.
9.1 Company shall indemnify and hold harmless City, its City Council, boards,
commissions, officers, agents, representatives and employees from any and all actions, claims or
damages brought for or on account of injuries to or death of any person or damage to property of
all kinds resulting from or arising out of the operations of Company, its officers, agents,
employees or servants pursuant to this Agreement. The duty of Company to indemnify and hold
harmless shall include the duty to defend as set forth in California Civil Code Section 2778.
9.2 Company shall have in effect during the term of this Agreement, workers'
compensation and employer liability insurance providing full statutory coverage.
9.3 Company shall take out and maintain during the term of this Agreement liability
insurance for the following types and minimum amounts:
(a) General liability, including comprehensive form, premises operations,
products/completed operations, hazard, contractual insurance, broad form property damage,
independent contractors and personal liability, with limits for bodily and property damage
combined of $500,000 each occurrence and $500,000 aggregate.
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(b) Automobile liability, including comprehensive form, owned, hired and non -
owned, with a limit of $1,000,000 for bodily injury and property damage combined.
(c) Excess liability, umbrella form with the same scope of coverage and
exclusions as the underlying policies, with a limit for bodily injury and property damage
combined of $5,000,000 each occurrence and $5,000,000 aggregate.
(d) Pollution and remediation liability with limits in an amount of not less than
one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) annual
aggregate insuring against loss, the cost of remediation and legal defense as a result of pollution
conditions arising out of the collision, upset or overturn of Company vehicles in conjunction
with this Agreement.
Insurance certificates and policy endorsements evidencing the required coverage shall be
filed with City and shall be subject to approval by the City Attorney. City, its City Council,
boards, commissions, officers, agents and employees shall be named as additional insureds on
any such policies of insurance which shall also contain a provision that the insurance afforded
thereby shall be primary. No such policy shall be cancelled or modified except upon thirty (30)
days' prior written notice to City. Insurance is to be placed with admitted California insurers with
an A.M. Best's rating of no less than A- for financial strength, AA for long-term credit rating and
AMB -1 for short-term credit rating.
9.4 Company shall post a $300,000 performance bond or financial instrument
reasonably acceptable to the City Manager as security for Company's faithful performance of
each and every term, covenant and condition of this Agreement to be performed by Company,
provided that the cost of such bond or other instrument shall be included in Company's
Collection Costs for rate making purposes.
10. Remedies upon Default.
10.1 Company shall be deemed in default in the event Company defaults in the
performance of any of the duties to be performed by it under the terms of this Agreement and
fails to cure the default as further provided in this Section 10.1. City shall give Company written
notice, either by mail or by personal service, setting forth the default. Company shall correct
such default within thirty (30) days after receipt of such notice (within seven (7) days if City
determines that the public health or safety is at risk) unless the default cannot, by its nature, be
cured within said period, in which case the cure period shall be extended for such additional time
as is reasonably necessary to effect a cure, provided that Company shall commence efforts to
effect a cure as soon as practicable and shall diligently pursue the cure to completion.
10.2 In the event Company's default described in Section 10.1 is of a material
provision of this Agreement and is not cured as set forth in Section 10.1 or if Company has
committed Multiple Breaches (defined to mean three or more defaults of material provisions of
this Agreement within an eighteen (18) month period, whether cured or not) ("Material Default")
City shall have the following remedies:
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10.2.1 Liquidated Damages. The parties acknowledge that City will incur
damages as a result of a Material Default, and that such Material Default may not warrant
termination of this Agreement. The parties agree that as of the time of the execution of this
Agreement, it is impractical, if not impossible, to reasonably ascertain the extent of damages
which shall be incurred by City as a result of a Material Default. The factors relating to the
impracticability of ascertaining damages include, but are not limited to, the fact that: (i)
substantial damage results to members of the public who are denied services or denied quality or
reliable service; (ii) such breaches cause inconvenience, anxiety, frustration, and deprivation of
the benefits of the Agreement to individual members of the general public for whose benefit this
Agreement exists, in subjective ways and in varying degrees of intensity which are incapable of
measurement in precise monetary terms; (iii) that exclusive services might be available at
substantially lower costs than alternative services and the monetary loss resulting from denial of
services or denial of quality or reliable services is impossible to calculate in precise monetary
terms; and (iv) the termination of this Agreement for such breaches, and other remedies are, at
best, a means of future correction and not remedies which make the public whole for past
breaches. Liquidated damages shall be the City's exclusive damages remedy for any individual
Material Default which does not result in termination of this Agreement by City. The amount of
liquidated damages is $1,000 for each day the Material Default continues after Company fails to
cure until it is either cured or the City terminates this Agreement_
10.2.2 Franchise Termination. Without further notice and without suit or
other proceedings, City may cancel and annul the rights and privileges of this Agreement upon a
Material Default. In the event of termination of this Agreement for Material Default, City shall
have the right forthwith to grant a franchise to another scavenger service or to take possession of
trucks and other equipment of Company used to perform work under this Agreement. City shall
have the right to retain possession of the trucks and equipment until other suitable trucks and
equipment can be purchased or otherwise acquired by City for the purpose and City shall pay
Company the reasonable rental value of such trucks and equipment, and keep them in good
maintenance and repair, during the time the same are used by City. City shall also have access to
Company's records for the purpose of billing service accounts during the period City is providing
the services described in this Agreement, and shall retain all fees collected for such services.
10.2.3 Other Remedies. Upon termination of this Agreement based on a Material
Default, City shall have all other remedies in law or equity for such Material Default.
10.3 If a dispute arises between City and Company regarding fees or any other term or
provision of this Agreement, the parties agree to meet and confer in good faith to resolve the
dispute. Either party may request to meet and confer by written notice to the other party.
Alternatively, the parties may agree to participate in non-binding mediation. If the dispute is not
resolved within thirty (30) days after the written request to meet and confer has been given or
after the parties have agreed to non-binding mediation, the matter, other than an action seeking
specific performance or other equitable relief, damages of Twenty Five Thousand Dollars
($25,000) or less, or indemnification or insurance coverage pursuant to Section 9, shall be
submitted to non-binding arbitration in accordance with Title 9 of the California Code of Civil
19
4
Procedure, commencing with Section 1280, before a single neutral arbitrator ("Arbitrator") in
Mendocino County. The Arbitrator shall be an attorney with at least ten (10) years' experience
or a retired judge (or a person having comparable qualifications) and shall be mutually agreed
upon by the parties. If the parties are unable to agree on an Arbitrator, the Arbitrator shall be
appointed by the superior court in accordance with Cal. Code Civ. Proc. § 1281.6. The fees and
expenses of the Arbitrator shall be borne equally by the parties.
In the event such non-binding arbitration does not resolve the matter and in any other
dispute that results in any court action, the parties waive any right to a jury trial and agree that
any such action shall be fled in the federal or state courts in or for Mendocino County, each
party hereby consents to the jurisdiction of and venue in such courts, the matter shall be
governed by the internal laws of the State of California (irrespective of choice of law principles),
and the prevailing party shall be entitled to recover its reasonable attorneys' fees, costs and
disbursements incurred in such action from the non -prevailing party.
10.4 If Company shall at any time during the term of this Agreement or any extension
thereof, become insolvent, or if proceedings in bankruptcy shall be instituted by or against
Company, or if Company shall be adjudged bankrupt or insolvent by any Court, or if a receiver
or trustee in bankruptcy or a receiver of any property by Company shall be appointed in any suit
or proceeding brought by or against Company, or if Company shall make an assignment for the
benefit of creditors, then and in each and every such case, and provided that such proceedings,
adjudication, appointment or assignment, as the case may be, continue in effect for ninety (90)
days without being vacated, removed or withdrawn, this Agreement shall immediately cease and
come to an end, and the rights and privileges granted shall immediately be cancelled and
annulled without notice or action required on behalf of City.
10.5 Notwithstanding any other provision herein, no default, delay or failure to
perform on the part of either party shall be considered a breach hereunder if such default, delay
or failure to perform is due to causes beyond such party's control, including, but not limited to,
riots, civil disturbances, actions or inactions of governmental authorities, epidemic, war,
embargoes, severe weather, fire, earthquake, acts of God, defaults by the other party or defaults
by carriers. In the event of any such default, delay or failure to perform, any dates or times by
which the affected party otherwise is scheduled to perform shall be extended for a period of time
equal in duration to the additional time required because of the excused default, delay or failure
to perform.
11. Assignment. Company shall not directly or indirectly, voluntarily or involuntarily assign,
mortgage, pledge or encumber any interest in all or a part of this Agreement without the prior
written consent of City. The City Council shall have the right to determine in its sole discretion
whether to approve, conditionally approve or deny any request by Company for approval under
this Section. Any action requiring City Council approval under this Section that occurs without
such approval shall give City the right to terminate this Agreement without prior notice to
Company or its successors or assigns. For purposes of this Section, any transaction involving the
transfer, sale or exchange of stock which results in a change in majority control of Company
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from its owners as of the date hereof (excluding transfers between such owners and transfers by
any such owners to revocable living trusts for the benefit of their families) shall be an assignment
subject to City review and approval.
12. Waiver. The waiver by either party of any breach or violation of any term or condition of
this Agreement or of any provision of law by the other party must be in writing signed by the
party to be charged, and shall not be deemed to be a waiver of the term, condition or provision of
law, or of any subsequent breach or violation of the same or any other term, condition or
provision of law. The acceptance by City of any franchise fee or other fee or other monies which
may become due hereunder to City shall not be deemed to be a waiver of any preceding breach
or violation by Company.
13. Administration. The administration and enforcement of this Agreement shall be the
responsibility of the City Manager or a designated representative of that office. This section is
not intended to indicate or suggest the City Manager has the authority to grant, amend, or revoke
the franchise referenced herein. Nothing contained in this Agreement shall prohibit the City
Manager from seeking approval from the City Council for any decision the City Manager is
authorized to make under the terms of this Agreement.
14. Independent Contractor. Company, its employees and agents, are independent
contractors and not employees or agents of City.
15. Notices. Whenever a notice or document is required or permitted to be served or given
hereunder, it shall be deemed given or served when received if delivered by fax or email (with
acknowledgment of receipt), certified U.S. Mail, overnight courier (such as UPS or Federal
Express), or 48 hours after deposit in the U.S. Mail with first class postage affixed. Any such
document or notice shall be addressed as follows:
City: City Manager
Ukiah Civic Center
300 Seminary Avenue
Ukiah, California 95482
FAX:
Email:
Company: Ukiah Waste Solutions, Inc.
Attn: David M. Carroll, President
P. O. Box 60
Ukiah, California 95482
FAX:
Email:
or to such other person or address as may be specified from time to time in writing by either
party in accordance with this Section.
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16. Amendments. This Agreement may be amended from time to time only by written
agreement between the parties signed by an authorized representative of each party. Either party
may at any time request that the service or other provisions in this Agreement be modified by
delivering written notice of its requested modifications to the other party. Within thirty (30) days
after receipt of any such request, the parties shall meet and negotiate in good faith on adopting
such requested modifications, including, without limitation, any change to the Rates necessitated
by such modifications, provided that nothing herein shall obligate either party to agree on any
such requested modifications.
17. Successors and Assigns. This Agreement shall be binding upon, and shall inure to the
benefit of, the permitted successors and assigns of the parties.
18. Integration; Severability. This Agreement, including the Exhibits hereto, constitutes the
entire agreement of the parties with respect to the subject matter hereof and supersedes all prior
or contemporaneous agreements between the parties, whether written or oral, relating to such
subject matter, including the Prior Agreement. If a court finds any provision of this Agreement
invalid or unenforceable as applied to any circumstance, the remainder of this Agreement and the
application of such provision to other persons or circumstances shall remain in effect. The
parties further agree to replace such void or unenforceable provision with a valid and enforceable
provision which will achieve, to the extent possible, the economic, business and other purposes
of the void or unenforceable provision.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
set forth above.
Ukiah Waste Solutions, Inc.
President
City of Ukiah
By:
ty Manager
ATTEST:
-�c-
Oty Clerk
22
APPROVED AS TO FORM:
c
CitykAltol<ey
23
EXHIBIT A
WASTE MANAGEMENT STRATEGIC PLAN
24
The Next Generation of Waste Management
in Mendocino and Lake Counties
�AjE�ti3 Strategic Waste Management Plan
b�0
V^ f K h J
5482
C4LIF09' �
U,
Plan Overview
The Plan is described in the following sections:
Section 1. Executive summary and plan overview
Section 2. Proposed new programs and activities
Section 3. Benefits of plan implementation
Objectives of the Plan
Our objectives in developing this Plan include:
Minimizing landfilling of collected municipal solid
waste (MSW)
Maximizing energy and resource recovery
Reducing greenhouse gas production
Creatingjobs
Being practical and affordable
Allowing phased implementation as projects and
programs become viable
9/28/2011
Introduction & Purpose of the Plan
This plan presents our concepts for next
generation solid waste management
programs that are locally appropriate
These new programs supplement, not
replace, our existing recycling programs
o C&S will investigate each program fully and
report back
Programs requiring a rate increase would
require approval of the jurisdiction(s)
Some may turn out to be feasible, others not
Section 1. Executive Summary and
Plan Overview
This Plan outlines a long-term, comprehensive,
solid waste management strategy
It addresses all aspects of the municipal solid
waste stream
It offers innovative systems and processes to
recover and manage those materials and identifies
the benefits from doing so
It also identifies and provides new solid waste
management services for the communities served
by C&S
Elements of the Plan
The plan includes the following new programs:
1 . Food waste collection and conversion
2. New Resource Recovery Facility to process MSW from Ukiah
Valley and Lake County/Clearlake
3. Localized landfill disposal
4. Waste to energy
These programs supplement, not replace our
existing diversion programs
Some may be feasible, others not
They could be implemented on a phased basis, and
not necessarily in this order
6
1
Benefits of the Plan
i, The new programs have the potential to:
Divert MSW - over 90% of the area's MSW (40,000 tons)
could be diverted from landfill each year
Produce Green Energy- 2,500 Kilowatts of clean,
renewable energy -enough to power over 3,600 homes
Provide jobs - over 80 temporary and 25 on-going new
"green"jobs
Eliminate Greenhouse Gas - Remove approximately 65,000
tons per year of greenhouse gases, equivalent to taking
13,000 cars off the road or planting 14,000 acres of pine
forest annually
a
Program #1 -Food Waste Collection
and Conversion
_
Food waste is the largest component of
,-"
our waste stream (1 S to 22%)
-
. Approximately 75% of food waste is from
"
commercial sources (restaurants,
"
commercial kitchens)
"
Initial activities include:
Food Waste Conversion System Feasibility Study
@
• In -vessel aerobic composting pilot program,`w
/
and
• Anaerobic digestion/fuel cell project
= Demonstration food waste collection program
\
4
Implement full-scale collection and
diversion programs based on results
,.•� a,
IVA 9
Food Waste Option B: Anaerobic
Digestion and Fuel Cell Power
Food Waste, fats, oils, grease and other organic materials can
produce Biogas Fuel
Fuel cells provide 50% more power from the same amount of
fuel in a conventional power plant
No pollution emissions
Project could be stand-alone or consolidated with wastewater
treatment bio -solids digestion
Significant grant funding available to offset costs
9/28/2011
Section 2. Proposed New Programs
I . Food waste collection and conversion
2. New Resource Recovery Facility to
process MSW from Ukiah Valley and Lake
County/Clearlake
3. Localizing landfill disposal
4. MSW energy conversion
Food Waste Option A: In -Vessel
Aerobic Composting
Leading edge technology
Fully contained system that minimizes odor, air, and water
quality issues
, Produces a high quality compost
Possible to start small and increase capacity in a modular
fashion
Feed stocks include food waste, green waste and other
locally available organic materials
_ !� •
Program #2- Resource Recovery
Facility (RRF) Program
. Construct and operate Resource Recovery Facility
i, Consolidate Ukiah Valley and Lake
County/Clearlake waste
i, Locate at C&S's transfer station in Lakeport
Recovered recyclable materials shipped to Pacific
Recycling Solution's facility in Ukiah for
processing and shipment to markets
F Post-RRF residue would be landfilled
Eastlake
Ukiah (if reopened)I
�� ,z
2
Implementing the RRF could reduce
landfilling by an additional 20 to 30%
Program #3- Localization of
Landfilling -Ukiah Landfill
Investigate reopening Ukiah landfill
Different use options would be considered
Inerts only
Control inbound volumes to significantly extend
landfill life
Post-RRF residues
All Ukiah area waste
Lake County MSW to preserve Eastlake capacity
Program #4- Waste to Energy (WTE)
MSW remaining after food waste and RRF programs are
in place still has significant energy value
C&S will investigate feasibility of converting this
remaining MSW into energy
Recycling, composting, and digestion/fuel cell programs
would remain in place
Will consider the following state of the art technologies:
Anaerobic Digestion
Pyrolysis
Gasification
Siting in Lake County or Ukiah would be considered
Project could supply green power to Ukiah or others
k Implement WTE when/if feasible
17
9/28/2011
Program #3- Localization of
Landfilling -Eastlake Landfill
Continue using for all Lake County MSW
Add Ukiah MSW on a multi-year contract
Provides significant funding for Lake County at
no additional cost to Ukiah customers
Provides long term disposal for Ukiah, with
flexibility to incorporate future opportunities
Program #3- Localization of
Landfilling -Ukiah Landfill
Non-processible wastes from the Ukiah Transfer
Station saves hauling to a distant site
Some post-RRF residue could also be delivered
Advantages:
Postpone closure 20+ years to avoid short-term
financial challenge.
Reduces cost of transportation
Lowers greenhouse gas emissions
Provides local jobs
By phasing in Waste to Energy, C&S could reduce
landfilling well beyond existing programs
3
Why Consider Waste to Energy?
Y Vendors eager to supply demonstration plants to prove
their technology
They will provide financing and operations
t Subsidies and grants available to offset capital costs
All diversion programs (recycling, composting, etc) will
remain in place
75 to 99% additional reduction of landfill disposal
o Source of reliable, base load renewable energy near
population centers and industrial loads
Reduced greenhouse gas and other emissions
r Very low emissions if properly designed and operated
�It 19
Annual Diversion From Plan Elements
TPY -tons per year
Green Energy Production
The food waste digestion/fuel cell project
could produce approximately 300 kilowatts
Enough to power over 400 homes
F The waste to energy project could provide
approximately 2,200 kilowatts
Enough to power about 3,200 homes
Section 3. Benefits of the Plan
Implementation of these four (4) programs would:
Provide greater MSW Diversion from landfill
Localize all activities -no more reliance on distant
landfills owned by others
Allow C&S and its local government partners to
determine the timing and location of all activities
Extend landfill life
Create new local jobs
Provide clean, renewable energy
Recover additional recyclable materials
Reduce greenhouse gas emissions
Enhance AB 939 and AB 32 Compliance w/
The Plan Creates New Jobs
I
-1 A. Food_.Waste-Compost
5
'1
Current Amount Landfilled
'44,400 TPY
1. Food Waste
2,700TPY
6%
2. Resource Recovery
13,300 TPY:
30%.
Facility
50
20
3. Localizing Landfilling
Not Applicable
Not Applicable
4. Waste to Energy
:25.600 TPY'
Total amount Diverted
41,600 TPY
94%
Total amount Landfilled
':.2,800TPY ::
:6%
TPY -tons per year
Green Energy Production
The food waste digestion/fuel cell project
could produce approximately 300 kilowatts
Enough to power over 400 homes
F The waste to energy project could provide
approximately 2,200 kilowatts
Enough to power about 3,200 homes
Section 3. Benefits of the Plan
Implementation of these four (4) programs would:
Provide greater MSW Diversion from landfill
Localize all activities -no more reliance on distant
landfills owned by others
Allow C&S and its local government partners to
determine the timing and location of all activities
Extend landfill life
Create new local jobs
Provide clean, renewable energy
Recover additional recyclable materials
Reduce greenhouse gas emissions
Enhance AB 939 and AB 32 Compliance w/
The Plan Creates New Jobs
I
-1 A. Food_.Waste-Compost
5
'1
1B. Food Waste-AD/FC
2. Resource Recovery Facility
is
6
3. Landfill Localization.:
4. Waste to Energy
50
20
Tota(-:
86
29's
9/28/2011
22
The Plan Reduces Greenhouse Gas (GHG)
and Helps Meet AB32 Requirements
�� e 'i
I Food Waste Compost 8,000 1,600 ' 1700
18. Food Waste WD/FC) 8,600 1,700 1:800
2. Resource Recovery 20,200 4,000 4,300
Facility
3. Landfill Localization 400 100 100
4. Waste to Energy 36.200 7.200 7,700
:Total 64,800 to '12,900 to 13.,800to
65,400tons/yr 13,000cars . 13,900acres/yr.
4
EXHIBIT B
RECYCLABLE MATERIALS AGREEMENT
EXHIBIT B
RECYCLABLE MATERIALS AGREEMENT
THIS RECYCLABLE MATERIALS AGREEMENT (the "Agreement") is entered into as of
DeC, (jL 2011 by and between Pacific Recycling Solutions, Inc. ("Buyer") and Ukiah Waste
Solutions, Inc. ("Seller"). Seller and Buyer shall collectively be referred to herein as the "Parties."
WHEREAS, Seller is in the business of collecting and transporting solid waste and recyclable
materials; and
WHEREAS, Buyer wishes to purchase and Seller wishes to sell recyclable materials collected by
Seller.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein,
Seller and Buyer hereby agree as follows:
1. Recyclable Materials. During the term of this Agreement, Buyer agrees to purchase and
Seller agrees to sell all of the type(s) of recyclable materials identified in Exhibit A attached hereto and
incorporated herein collected by Seller curbside from single-family residences within the California City
of Ukiah ("Recyclable Materials"). The Recyclable Materials shall meet the standards and specifications
set forth in Exhibit A or such other standards and specifications as shall be agreed upon in writing by
Seller and Buyer.
2. Delivery. Delivery of the Recyclable Materials shall be made from Seller to Buyer's
facility located at 4260 North State Street, Ukiah, California and/or 3501 Taylor Drive, Ukiah, California,
commonly known as the Materials Recycling Facility (the "MRF"), in accordance with a schedule as
agreed upon in advance by Buyer and Seller.
3. Pricing; Payment. Buyer shall pay Seller the price per ton, as calculated each year,
determined in Exhibit B attached hereto and incorporated herein, but not less than $5.00, for each ton of
Recyclable Materials that is received by Buyer in accordance with Section 2. The Recyclable Materials
shall be weighed at Seller's or Buyer's facility, as agreed by the parties, and proof of weight shall be
provided to Seller. Seller shall, on a monthly basis, transmit an invoice to Buyer showing the types and
number of tons of Recyclable Materials received by Buyer hereunder during the preceding month and the
total amount due therefor. Buyer shall remit to Seller the full amount due no later than the fifteenth (15th)
day of the month following the month in which Recyclable Materials were received by Buyer. Within
thirty (30) days after the end of each year of the term of this Agreement, the Parties shall conduct a true -
up of the amounts paid and the amounts owed hereunder, with UWS returning any overpayment to PRS
and PRS paying any underpayment to UWS. Each late payment shall be subject to a late fee of one and
one-half percent (1-1/2%) and shall bear interest at the higher of 10% per annum or the highest rate
permitted by applicable law until paid in full.
4. Term; Default; Termination.
4.1 Subject to Section 9 below, the term of this Agreement shall be for a period
commencing on January 1, 2012 (the "Effective Date") and ending upon the expiration or termination of
Seller's Waste Collection Agreement with the City of Ukiah of even date herewith, including extensions,
subject to earlier termination on the terms herein.
4.2 If at any time either Party determines or becomes aware that the other Party is in
default under or has breached any of the terms of this Agreement, the non -defaulting Party shall provide
Page 1
W
written notice to the other Party as to the nature of such default. If the defaulting Party fails to make any
payment due hereunder within five (5) days, and/or falls to cure any default in the performance of any
other obligation under this Agreement within thirty (30) days, after receipt of such written notice, the non
defaulting Party shall have the right to terminate this Agreement upon giving written notice; provided,
however, that, other than for failure to make any payment hereunder, in the event the defaulting party
shows cause why it should be entitled to reasonable additional time to cure a default, the non -defaulting
Party shall allow such reasonable additional time to cure.
5. Representations and Warranties. In performing this Agreement, each of the Parties shall
fully comply with all applicable federal, state and local laws, ordinances, decisions, orders, rules or
regulations. Each of the Parties shall, and shall cause any carrier with which it contracts to, handle and
transport the Recyclable Materials in a safe and workmanlike manner and all of the Parties' driver
personnel and any carrier with which the Parties contract are, and shall at all times relevant to the
performance of this Agreement remain, properly licensed and otherwise fully qualified to perform the
services required hereunder. By the commencement date of this Agreement and throughout the term of
this Agreement and any extension thereof, each Party shall be duly licensed, permitted and authorized
pursuant to all applicable federal, state and local laws to handle and transport the Recyclable Materials
and each Party's facility or facilities will have been issued all licenses, permits and authorizations
required by all applicable federal, state and local laws to handle Recyclable Materials.
6. Indemnification. Each Party hereto (the "Indemnitor") hereby agrees to indemnify, hold
harmless and defend the other Party, and its owners, officers, directors, employees and agents
(collectively, the "Indemnitees"), from and against any and all liabilities, penalties, fines, forfeitures,
demands, claims, causes of action, suits, judgments and costs and expenses incidental thereto, including
reasonable attorneys' fees (collectively, "Damages"), which any or all of the Indemnitees may hereafter
suffer, incur, be responsible for or pay out as a result of personal injuries, property damage, or
contamination of or adverse effects on the environment, to the extent directly or indirectly caused by, or
arising from or in connection with the breach of any representations and warranties set forth in this
Agreement of, the Indemnitor, or any negligent or intentional actions or omissions or willful misconduct
of the Indemnitor, its employees, officers, owners, directors or agents in the performance of this
Agreement or the transportation, handling or disposition of the Recyclable Materials by the Indemnitor,
its employees or subcontractors. Such indemnity shall be limited to exclude Damages to the extent they
arise as a result of any negligent or intentional actions or omissions or willful misconduct of the
Indemnitees or their employees, officers, owners, directors or agents. If any claims indemnified against
under this paragraph have the potential for coverage under any insurance, then the indemnities set forth in
this Agreement shall apply only to the extent the amount of any indemnified claim exceeds all amounts
collected under any insurance covering such claim. Before pursuing recovery under this indemnity, the
Indemnitees shall exhaust all recovery available for such claim from insurance.
7. Insurance. Each of the Parties shall obtain and maintain during the term of this
Agreement commercial general liability insurance which conforms to the industry standard for the
services being performed by each hereunder and workers' compensation insurance that complies with
applicable state statutory requirements.
8. Assignment. This Agreement shall be binding upon the successors and assigns of the
Parties hereto; provided, that no assignment of this Agreement shall be binding upon the other Party
without the other Party's consent, which consent shall not be unreasonably withheld or delayed; and
provided further, that no assignment shall be valid and binding which endeavors to relieve the assigning
Party of any obligations to make payments hereunder which accrued prior to the date of assignment or in
which the assignee does not affirmatively agree, in writing, to assume all obligations of the assignor under
this Agreement. No assignment can be made without the prior written approval of the City of Ukiah,
Page 2
exercising its rights in accordance with Section 11 of the Waste Collection Agreement between UWS and
the City of Ukiah.
9. Force Majeure. Except for the obligation to pay for Recyclable Materials received by
Buyer, the performance of this Agreement may be suspended to the extent that and for so long as either
Party's obligations hereunder are delayed or hindered by a cause or causes beyond the reasonable control
of such Party. Such causes shall include, but not be limited to, acts of God, landslides, lightning, forest
fires, storms, floods, freezing, earthquakes, civil disturbances, strikes, lockouts or other industrial
disturbances, acts of the public enemy, wars, blockades, public riots, breakage, explosions, or other
similar causes.
10. General Provisions.
(a) No waiver by either Party of any one or more defaults or breaches by the other in
the performance of this Agreement shall operate or be construed as a waiver of any future defaults or
breaches, whether of a like or different character. If any provision of this Agreement is declared invalid
or unenforceable, then such portion shall be deemed to be severable from this Agreement and shall not
affect the remainder hereof.
(b) This Agreement and all Exhibits hereto represent the entire understanding
between the Parties and no representations, statements or agreements, unless agreed to by the parties in
writing, shall modify, change, amend or otherwise affect the obligations undertaken in this Agreement.
This Agreement supersedes, as of the Effective Date, the prior Recyclable Materials Agreement between
the Parties and Solid Wastes Systems, Inc. dated November 1, 2007, and may only be amended by a
written agreement executed by Seller and Buyer.
(c) All notices under this Agreement shall be in writing and shall be effective if
delivered personally or sent by certified mail, postage prepaid, or by overnight carrier or confirmed
facsimile to the addresses set forth on the signature page hereto or to such other address as either Party
shall specify by written notice so given. Any notice sent by mail shall be deemed given and received
three (3) business days after the date deposited in the mail. Any notice given by personal delivery or sent
by overnight carrier or confirmed facsimile shall be deemed given upon receipt.
(d) The validity, interpretation and performance of this Agreement shall be governed
and construed in accordance with the internal laws of the state of California, irrespective of choice of law
principles, and applicable federal laws and regulations.
(e) The City of Ukiah shall be considered a third party beneficiary of this Agreement
with all of the rights of a party to enforce the provisions of this Agreement.
EXECUTED and effective as of the Effective Date.
Pacific Recycling Solutions, Inc.
mariff/Al ' 1
Page 3
Ukiah Waste Solutions, Inc.
i I
• MO.MIJ,
Its:re51��n l
Address for receipt of notices:
-Fox (0
Page 4
Its: -PrGSl G1er)
Address for receipt of notices:
EXHIBIT A
TYPES, STANDARDS & SPECIFICATIONS OF RECYCLABLE MATERIALS
Material Specifications
During the course of operations, any changes to the material specifications for any inbound commodity
will be agreed to by both Parties prior to introduction of the new commodity.
Residential Materials
Materials collected through curbside recycling include: glass bottles and jars, tin and aluminum cans,
aluminum foil, plastic food and beverage containers (#147) and milk and juice cartons, newspaper, OCC,
magazines, junk mail, chipboard, white and office paper, and telephone books. Inbound materials may
not contain more than 5% reject material.
Commercial Materials
Clean Corrugated Containers
Consists of baled or loose corrugated containers having liners of either test liner, jute or kraft.
Prohibitive materials..............................................1%
Total Outthrows may not exceed................................5%
Mixed Office Paper
Consists of office fiber waste including envelopes, files, file folders, white ledger, color ledger, CPO,
copy paper (coated or uncoated), brochures, forms and associated staples, clips, bindings and bands.
• Prohibitives include glass, food, shredded paper, restroom waste and hospital waste.
Total outthrows may not exceed 5%
Page 5
EXHIBIT B
Pricing Schedule
(a) Annual Calculation of Tonnage Payment. The price per ton of Recyclables delivered
by Seller to Buyer during any calendar year shall be calculated in accordance with Table 1 below.
Table 1
Tier CMV*
Tier 1 $167.69 and below
Tier 2 Above $167.69 to $200
Tier 3 Above $200 to $280
Tier 4 Above $280
Tier CMV Cap Base Fee and % of Tier Differences
$ 167.69 $5.00
$ 200 Plus
of CMV above $167.69 up to $200
5.00%
$ 280 Plus
of CMV above $200 up to $280
10.00%
Plus
of CMV above $280
15.00%
*CMV means weighted average "Composite Market Value" computed according to (b) below.
By way of example, using the tiers forth in Table 1, Buyer shall pay for each ton of Recyclables
delivered as follows:
If the CMV is $167.69 or below, Buyer shall pay $5.00 per ton delivered;
If the CMV is above $167.69 but not above $200, Buyer shall pay $5.00 plus 5% of the excess of
the CMV over $167.69 per ton delivered;
If the CMV is above $200 but not above $280, Buyer shall pay $5.00 plus $1.62 ($200 minus
$167.69 times .05) plus 10% of the excess of the CMV over $200 per ton delivered; and
If the CMV is greater than $280, Buyer shall pay $5.00 plus $1.62 ($200 minus $167.69 times
.05) plus $8.00 ($280 minus $200 times .1), plus 15% of the excess of the CMV over $280 per
ton delivered.
1.1 (b) Annual Commodity Material Value (CMV).
The CMV for each calendar year during the term of the Agreement (commencing with 2012)
shall equal the CMV calculated by the following per ton weighted profile, with each category of
Commodity being multiplied by the monthly annual average actual market price, using June to June
values preceding that year, for such Commodity, including any California Redemption Value, for such
year, FOB at the PRS Facility. The Composition percentages and/or the commodity categories in the first
two columns below shall be reviewed every five (5) years after the Effective Date (beginning January 1,
2017) and may be revised by the mutual agreement of the parties to reflect actual curbside collections.
Page 6
1.2
Page 7
Per Ton Weighted Profile
Composite Market Value Grid
Scrap
Weighted
Composition
Commodity
Value/Ton
CRV/Ton
Value/Ton
16.75%
OCC #11
$140.50
$23.53
23.07%
ONP #7
$155.00
$35.76
21.01%
Mixed Paper
$155.00
$32.57
0.53%
HDPE Color
$477.50
$120.00
$3.17
0.51%
HDPE Natural
$587.50
$120.00
$3.61
1.94%
PET
$626.50
$1,160.00
$34.66
1.25%
#3 - #7 MRP
$11.50
$0.14
1.82%
Tin
$150.00
$2.73
24.41%
Glass 3 Mix
($40.00)
$72.00
$7.81
0.71%
Alum Cans
$1,479.50
$2,700.00
$29.67
8.00%
Residuals
($74.50)
($5.96)
Total Composite
Market Value Per Ton
$167.69
1.2
Page 7
EXHIBIT C
CURBSIDE RATE CALCULATION
26
, 1. I , r
Ukiah Waste Solutions Curbside Rate Components
Annual Adjustment Calculations
Effective Date January, 2012
TOTAL COSTS
Less: Fuel Cost
Less Disposal Fees - Garbage
Less Disposal Fees - Green Waste
Less City Landfill Closure Costs
Less City Commercial Oversight fee
Collection Costs before Recycle Credit
Recycle Credit
Collection COSTS Subject to CPI adj.
Revenue base
2010 Revenue
Fuel Cost
Disposal Fees - Greenwaste
Landfill closure cost
Commercial Oversight fee
Other Regulatory & Governmental Costs
Disposal Fees - Garbage
CPI adjustment
Total before franchise and billing fees
Franchise Fee
Billing Fee
Adjusted revenue
Increase /
Decrease
Index Allowed
5200,641.15
Fuel
$ 71,869.66
$693,250.45
SWS TS Gate
$ 39,099.33
$72,000.00
Negotiated
$ -
$60,000.00
Set by City
$ -
$9,999.96
Set by City
$ -
$1,783,488.91
$0.00
$0.00
-$16,056.55
$0.00
$11,512.12
$1,767,432.36
CPI
$ 62,920.59
$ 173,889.58 TOTAL
Residential Commercial Roll Off Total Revenue
29.44% 67.79% 2.77% 100.00%
$806,433.60 $1,856,695.20 $75,811.40 $2,738,940.20
$21,160.78
$48,719.59
$1,989.29
$71,869.66
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$11,512.12
$26,504.97
$1,082.23
$39,099.32
$18,525.88
$42,653.12
$1,741.59
$62,920.59
$857,632.38
$1,974,572.88
$80,624.51
$2,912,829.77
$5,976.75
$13,274.92
$542.03
$19,793.70
$1,195.35
$0.00
$0.00
$1,195.35
$864,804.48
$1,987,847.80
$81,166.54
$2,933,818.82
Revenue Increase $58,370.88 $131,152.60 $5,355.14 $194,878.62
Rate increase as a percent 1 7.12%
Page 1 of 4
Ukiah Waste Solutions Curbside Rate Components
Annual Adjustment Calculations
Effective Date January, 2012
Fuel - June to June (Fuel Index)
June 2010 June 2011 Index Increase (Decrease)
$3.102 $4.213 $1.111
Fuel % Change 35.82%
CPI - June to June (Index)
June 2010 June 2011 Index Increase (Decrease)
217.965 225.722 7.757
CPI % Change 3.56%
Transfer Station Fee (Disposal Fees - Garbage) Jan to Jan
January 2011 January 2012 Increase (Decrease)
$74.50 $78.70 4.200
Transfer Station Fee % Change 5.64%
Green Waste Disposal Fee (Disposal - Green Waste) Jan to Jan
January 2011 January 2012 Increase (Decrease)
$30.00 $30.00 $ -
Disposal Fee - Green Waste % Change 0.00%
Landfill Closure Costs Jan to Jan
January 2011 January 2012 Increase (Decrease)
$60,000.00 $60,000.00 $ -
Landfill Closure Costs % Change 0.00%
Commercial Oversight Fee Jan to Jan
January 2011 January 2012 Increase (Decrease)
$10,000.00 $10,000.00 $ -
Commercial Oversight Fee % Change 0.00%
Recycle Credit June to June
Tons Value/Ton Credit
June 2011 3,211.31 $5.00 $ 16,056.55
Recycle Credit $ 16,056.55
City Franchise Fee 15% 1 City Billing Fee - Residential Customers 3%
Page 2 of 4
Calculation to adjust fuel costs Fuel Exhibit #1
Page 3 of 4
Fuel Revenue Adjustment Worksheet, based on Fuel Index change, June to June
Base Year Fuel Index and Cost
3.102
$200,641.15
2010 Actual
Index Change - New
vs. Base Year
1
Estimated Fuel index adjustment at June 2011
4.213 35.82%
$71,869.66
Plus: Base Year Cost X Index Change
Revenue adjustment for January 2012 rate revision
>1 $71,869.66
$0.00
Less: Prior Fuel Cost applied to rate
$272,510.81
Fuel Cost Allowed Year 1
Annual adjustment based on Fuel Index change, year to year (using example fuel index changes)
2
Estimated Fuel index adjustment at June 2012
4.630 49.26%
$98,835.83
Plus: Base Year Cost X Index Change
Revenue adjustment for January 2013 rate revision
>1 $26,966.17
$71,869.66
Less: Prior Fuel Cost applied to rate
$299,476.98
Fuel Cost Allowed Year 2
3
Estimated Fuel index adjustment at June 2013
3.940 27.01%
$54,193.17
Plus: Base Year Cost X Index Change
Revenue adjustment for January 2014 rate revision
($44,642.66)
$98,835.83
Less: Prior Fuel Cost applied to rate
$254,834.32
Fuel Cost Allowed Year 3
4
Estimated Fuel index adjustment at June 2014
4.330 39.59%
$79,433.83
Plus: Base Year Cost X Index Change
Revenue adjustment for January 2015 rate revision
> $25,240.66
$54,193.17
Less: Prior Fuel Cost applied to rate
$280,074.98
Fuel Cost Allowed Year 4
5
Estimated Fuel index adjustment at June 2015
S.410 74.40%
$149,277.02
Plus: Base Year Cost X Index Change
Revenue adjustment for January 2016 rate revision
> $69,843.19
$79,433.83
Less: Prior Fuel Cost applied to rate
$349,918.17
May be RESET during rate review process
6
Estimated Fuel index adjustment at June 20
4.870 57.00%
$114,365.46
Plus: Base Year Cost X Index Change
Revenue adjustment for January 2017 rate revision
($34,911.56)
$149,277.02
Less: Prior Fuel Cost applied to rate
$315,006.61
Fuel Cost Allowed Year 6
Page 3 of 4
Ukiah Waste Solutions Curbside Agreement
Adjustment Adjustment
Cost/Rev Period Method
Index
Used
Cost
Arnu
1,2
Fuel
Annual
100% of index change
eia Ca #2 Diesel Retail all sellers
Base Rate as Adjusted
Disposal - Solid Waste
Time to Time
Per TS (SWS) Agreement
N/A
Pass Through
1,2
Operations (all other costs)
Annual
100% of index change
CPI - US Cities CPI -U
Base Rate as Adjusted
3
Recycle Reduction
Annual
Per Recycle Agreement
Rec Market Value Grid - $5 base
Operating Cost Reduction
1,2
Green Waste Disposal
$30 / Ton
Annual
Up to CPI (Contractor Choice)
CPI - US Cities CPI -U
Base Rate as Adjusted
1,2,8
Food Waste Disposal (Comm)
Up to $40 / ton
Annual
Up to CPI (Contractor Choice)
CPI - US Cities CPI -U
Base Rate as Adjusted
4
City Franchise Fee
15%
Time to Time
City Action
N/A
Pass Through
4
City Bill Fee
3%
Time to Time
City Action
N/A
Pass Through
4
City Oversight Fee
$10,000.00
Time to Time
City Action
N/A
Pass Through
4
City Landfill Closure Fee
$60,000.00
Time to Time
City Action
N/A
Pass Through
6,9
ITOTAL NET COST
Notes
1 Agreement should state mutually agreed upon Index if Index becomes unavailable
2 June to June change
3 Recycle Agreement with PRS renewable every 5 years with Base Market Value per mixed ton to provide for Rev sharing with City (reduction of operating costs).
4 Agreement should state initial rate, subject to change by City action
5 Exhibit of calculation to be made part of agreement
6 UWS requests new rate by Aug 15, City approves by Oct 15, Pub Notice given by Nov 1, Adjusted Rate goes into effect following January 1.
7 Agreement must provide for City Flow Control with language that directs flow to contractor facilities when available.
8 FOOD WASTE - UWS will implement a pilot and or full commercial food waste program in place by June 2013 provided proper permits can be obtained
Details still to be worked out.
9 Rate change is calced as follows: % annual adjustment X actual prior year (July to June) actual component cost = new funds needed / collection revenue
_ % adjustment per rate. New cost adj dollars (fuel, disposal, city fees etc..) need to be adjusted for city fees - CPI adj does not.
RE -OPENER - the contract should have a mutual re -opener for other new items
Page 4 of 4
EXHIBIT D
AGREEMENT FOR RECEIPT OF WOOD AND GREEN WASTE
27
EXHIBIT D
AGREEMENT FOR RECEIPT OF WOOD AND GREEN WASTE
THIS AGIZ4EMENT FOR RECEIPT OF WOOD AND GREEN WASTE (the "Agreement") is
entered into as of �, 2011 ("Effective Date") by and between Pacific Recycling Solutions,
Inc., a California corpor ion ("PRS"), Ukiah Waste Solutions, Inc., a California corporation ("UWS"),
and Solid Waste Systems, Inc., a California corporation ("SWS"), with reference to the following:
A. PRS owns and operates a green waste and wood waste processing facility located at 4260
North State Street, Ukiah, California (the "Facility").
B. The Facility is fully permitted to accept and process Green Waste and Wood Waste, as
defined below ("Materials").
C. SWS is party with the City of Ukiah to that certain Amended and Restated Transfer
Station Agreement of even date herewith for the operation of the Ukiah Valley Transfer Station for the
receipt, collection, transportation and disposal of municipal, commercial and industrial solid waste (the
"TS Agreement"), and UWS is party with the City of Ukiah to that certain Waste Collection Agreement
of even date herewith for the collection and disposal of solid waste (the "Collection Agreement"). SWS
and UWS desire to enter into an agreement with PRS which will provide for disposal of approximately
10,000 tons, but without limit subject to the Facility's permitted capacity, annually of Materials at the
Facility.
In consideration of the aforementioned recitals and upon the terms and conditions herein set forth,
the parties hereto agree as follows:
Definitions: The following terms shall have the respective meanings set forth below:
"Green Waste" shall mean green trimmings, grass, weeds, leaves, prunings, branches, dead
plants, brush, tree trimmings, dead trees, small wood pieces and other types of organic yard
waste, provided that dead trees and branches may not exceed six (6) inches in diameter and four
(4) feet in length.
"Wood Waste" shall mean clean pieces of unpainted and untreated wood.
"Process" shall mean handle, grind or chip and recycle Materials.
2. Agreement to Accept Materials: PRS agrees to accept and Process all Materials
collected at SWS's transfer station or collected by UWS, as provided for under the TS Agreement and the
Collection Agreement, and delivered by SWS or UWS to the Facility, on the terms herein.
3. Processing Rate: As consideration for the receipt and proper Processing by PRS of the
Materials delivered by SWS and UWS, SWS and UWS shall each pay PRS a fee of Thirty Dollars
($30.00) per ton for Materials received by PRS at the Facility from SWS and UWS, respectively, as
adjusted pursuant to Paragraph 4 herein (the "Processing Rate"). Fees shall be paid by SWS and UWS
within thirty (30) days of receipt from PRS of a written invoice detailing the amount of Materials received
by PRS for each month.
Adjustment of Processing Rate:
a. Adjustment based on CPI: PRS shall have the right, commencing on July 1, 2012 and
annually thereafter, to increase the Processing Rate by a percentage equal to the
percentage increase, if any, in the Consumer Price Index, All Urban Consumers, U.S.
City Average, All Items (1982-1984=100), published by the United States Department of
Labor, Bureau of Labor Statistics ("Index"), for the preceding year, using the Index
published for the month nearest the beginning and the month nearest the end of such year.
Notwithstanding any other provision herein, to the extent any government having
jurisdiction over the Facility should impose any fee or tax ("Government Tax") on the
Facility associated with the Processing of Materials, the Processing Rate shall be
increased by the amount of such Government Tax, either at the per ton rate of such Tax
or if such Tax is not assessed on a per ton basis, in the proportion that the total tonnage of
Materials PRS reasonably projects to accept from SWS an UWS during the period for
which the Government Tax will pertain compared with other users of the Facility. On
each adjustment of the Processing Rate, PRS shall deliver to SWS and UWS written
notice stating the adjusted Processing Rate. If PRS forgoes the application of a CPI
adjustment in any year, that adjustment will be treated as a zero increase (decrease) in
subsequent years, and shall not be retroactively recouped.
b. Five year review: Every five years the parties and the City of Ukiah ("City") shall
review the gate fee to determine whether changes in the market for green and wood waste
warrant an adjustment in the gate fee to account for changes in the cost of processing and
the income produced from processed green and wood waste. If processing costs have
become substantially more or less and/or the income produced from processed material
has substantially increased or decreased over the five year period, the rates shall be
adjusted to account for these changes.
5. Term of Agreement: This Agreement shall expire as to each of SWS and UWS on the
expiration of the TS Agreement or the Collection Agreement, respectively, including extensions, subject
to earlier termination, as follows. PRS, on the one hand, and either of SWS or UWS, on the other, shall
be entitled to terminate this Agreement in the event of the other party's material breach hereof unless such
breach is cured within thirty (30) days after written notice thereof. This Agreement shall terminate
automatically as to any party in the event of such party's insolvency, bankruptcy, assignment for the
benefit of creditors or other debt reorganization unless, in the case of bankruptcy, the petition is removed
or withdrawn within thirty (30) days.
6. Type of Waste: PRS shall only accept, and SWS and UWS shall only be entitled to
provide, Materials not containing any prohibited substances or hazardous waste. PRS shall be entitled to
inspect the Materials and reject and/or return to SWS or UWS any Materials that are not in conformance
with the standards set forth herein. Notice of rejection of non -conforming Materials shall be given in
writing prior to the close of business on the day PRS receives such non -conforming Materials at the
Facility. Failure to provide written notice in accordance with the terms of the preceding sentence shall
forfeit PRS's right to reject such non -conforming Materials. SWS or UWS shall bear all costs associated
with inspecting, testing and rejecting any non -conforming Materials. Each party agrees to comply with
all laws applicable to such party in the performance of its duties hereunder.
7. Amount of Waste to be Delivered: SWS and UWS shall deliver an aggregate minimum
of 30 tons per day and an aggregate maximum of 75 tons per day of Materials to the Facility.
8. Time of Delivery: SWS and UWS shall be entitled to deliver Materials to the Facility
six (6) days a week, Monday thru Saturday during normal operating hours.
9. Attorney's Fees: If any litigation is commenced between PRS and SWS or PRS and
UWS to collect any sums due under this Agreement, or concerning any provisions of this Agreement, the
prevailing party in such litigation shall be entitled, in addition to such other relief deemed appropriate by
the court, to reasonable attorney's fees and expenses incurred in connection with such litigation.
10. Binding Effect: This Agreement shall be binding upon and inure to the benefit of the
successors and assigns of SWS, UWS and PRS.
11. Confidentiality: Neither party shall disclose the Processing Rate to any person except
with the express written permission of the other, which permission shall not be unreasonably withheld.
Without limiting the generality of the foregoing, PRS shall agree to allow SWS or UWS to disclose the
Processing Rate as may be reasonably requested or required by the City of Ukiah under the TS
Agreement or the Collection Agreement.
12. Counterparts: This Agreement may be executed in counterparts, and shall be effective
when fully executed by all of the parties. The parties agree to accept signatures transmitted by facsimile.
13. Third Party Beneficiaries: The City of Ukiah shall be deemed a third party beneficiary
of this Agreement with all of the rights of a party to enforce the terms of this Agreement.
14. Assignment: No assignment of this Agreement can be made without the prior written
approval of the City of Ukiah, exercising its rights under Section 11 of each of the Waste Collection and
Transfer Station Agreements with UWS and SWS, respectively.
IN WITNESS WHEREOF, this Agreement is entered into as of the date first set forth above.
PACIFIC RECYCLING SOLUTIONS, INC.
BYQm4ff
SOLID WASTES SYSTEMS, INC.
B��1=i�►
UKIAH WASTE SOLUTIONS, INC.
EXHIBIT E
INITIAL SERVICE RATES
The current rate chart is attached. Commercial Green Waste collection is charged at the same
rates as Commercial Solid Waste. The chart will need to be expanded to clarify that for Single
Family Residences, the Solid Waste rate includes Recyclables and Green Waste, and that for
Multi -Family Residences and Commercial Solid Waste, Recyclables and Green Waste collection
are all billed at the cart rates listed.
Rates to collect and dispose of sludge will be competitive with current rates
Insert replacement/additional cart/container fees.
Insert all Special Charges.
28
Ukiah Waste Solutions, Inc.
NEW 2012 GARBAGE COLLECTION RATE ADJUSTMENTS
SUMMARY OF RATE ADJUSTMENT FOR STANDARD SERVICES
YEAR 2012
Effective
Percentage Total Monthly Rate Per
Service Level
$
Current
Adjusted 2012
Adjustment
Adjustment
Gallon / Yard
Curbside Service
$
0.728
10 gallon can rate
$
6.80
$
7.28
7.06%
No Service
$
4.41
$
4.72
7.03%
$
0.31
$ 0.472
10 gallon can rate
$
4.41
$
4.72
7.03%
$
0.31
$ 0.472
20 gallon can rate
$
9.26
$
9.92
7.13%
$
0.66
$ 0.496
32 gallon can rate
$
16.64
$
17.82
7.09%
$
1.18
$ 0.557
68 gallon can rate
$
39.30
$
42.10
7.12%
$
2.80
$ 0.619
95 gallon can rate
$
55.39
$
59.33
7.11%
$
3.94
$ 0.625
Other combinations - rate per gallon
$
- 0.64
$
0.69
7.14%
$
0.05
$ 0.690
Overstuffed can charge/Extra Stop
$
5.91
$
6.33
7.12%
$
0.42
n/a
1 yard bin rate
$
110.07
$
117.91
7.12%
$
7.84
$ 117.91
1.5 yard bin rate
$
130.08
$
139.34
7.12%
$
9.26
$ 92.89
2 yard bin rate
$
173.44
$
185.79
7.12%
$
12.35
$ 92.90
3 yard bin
$
260.16
$
278.68
7.12%
$
18.52
$ 92.89
4 yard bin
$
346.88
$
371.58
7.12%
$
24.70
$ 92.90
6 yard bin
$
520.32
$
557.37
7.12%
$
37.05
$ 92.90
No Service
$
6.80
$
7.28
7.06%
$
0.48
$
0.728
10 gallon can rate
$
6.80
$
7.28
7.06%
$
0.48
$
0.728
20 gallon can rate
$
11.62
$
12.45
7.14%
$
0.83
$
0.623
32 gallon can rate
$
20.38
$
21.83
7.11%
$
1.45
$
0.682
68 gallon can rate
$
47.87
$
51.28
7.12%
$
3.41
$
0.754
95 gallon can rate
$
69.16
$
74.08
7.11%
$
4.92
$
0.780
Other combinations - rate per gallon
$
0.73
$
0.78
7.14%
$
0.05
$
0.780
Overstuffed can charge/Extra Stop
$
6.80
$
7.28
7.06%
$
0.48
n/a
Pack out service is limited to the elderly and disabled who apply directly through Ukiah Waste Solutions at 707-234-6400
Remote Area Service
Add to the Packout Service rate. $ 6.80 $ 7.28 7.06% $ 0.48 N/A
In areas with limited access, an additional fee is charged to fund the costs of special equipment and special handling necessary
to provide garbage pickup services. This fee is in addition to the "Packout Service" fee listed in this schedule.
Y. -r" r ,V.
Ukiah Waste Solutions, Inc.
2012 Rate Schedule
Residential Carts
No Service
1-10
11-20
21-32
33-68
69-95 Gallons
2012 Rates
Pee
lx/WK
ix/WK
lx/WK
lx/WK
1x/WK
Roadside
4.72
4.72
9.92
17.82
42.10
59.33
Pack Out*
7.28
7.28
12.45
21.83
51.28
74.08
Remote**
14.56
14.56
19.73
29.11
58.56
81.36
" Pack Out service is limited to the elderly and disabled who apply directly through Ukiah Waste Solutions @ 707-234.6400
** The additional charges of Remote service may be required for certain areas with difficult access.
2012 Rates
1-10 11-20 21-32
33-68
69-95 Gallon
1 Can - 1x/WK
4.91 10.28 18.50
43.72
61.62
1 Can - 2x/WK
41.12
97.33
136.96
1 Can - 3x/WK
68.70
149.24
208.48
2 Cans - lx/WK
41.12
97.33
136.96
Yards
2012 Rates
Number of pick-ups per week
ix/WK 2x/WK
3x/WK
4x/WK
Sx/WK
6x/WK
Extra
Pick-up
1.0
117.91 n/a
n/a
n/a
n/a
n/a
27.23
1.5
139.34 278.68
418.02
557.36
696.70
836.04
32.18
2.0
185.79 371.58
557.37
743.16
928.95
1,114.74
42.91
3.0
278.68 557.36
836.04
1,114.72
1,393.40
1,672.08
64.36
4.0
371.58 743.16
1,114.74
1,486.32
1,857.90
2,229.48
85.82
6.0
557.37 1,114.74
1,672.11
2,229.48
2,786.85
3,344.22
128.72
Extra p/u calculated at 1/wk divided by 4.33
Clean -Up Bins and Boxes
New Rate
2012
includes tip fee
3.0 Yd 3 day rental
96.41
15.0 Yd 7 day rental
218.46
Plus $78.70 per ton tip fee
20.0 Yd 7 day rental
218.46
Plus $78.70 per ton tip fee
30.0 Yd 7 day rental
218.46
Plus $78.70 per ton tip fee
Compactors
218.46
Plus $78.70 per ton tip fee
Misc Charges
New Rate
2012
Plus tip fee
Bulky Items (appliances, Lg Tires, Furniture etc..)
24.25
Tires - each - (Automotive or motorcycle)
5.11
Damage Cart Replacement
66.00
Additional Green Waste or R/C Cart
6.50
Extra Residential Pick-up
6.33
Extra Commercial Pick-up
11.82
Compactor Cleaning
284.46
Container Cleaning
102.41
Locking bin, one-time setup fee
32.43
Plus Materials
Replacement Key
11.38
Contamination Fee
32.48
Returned Check Fee
35.00
Roll Off or Bin Extra Day Charge
11.82
Exchange Cart Siz
1 24.36
Rate to collect and dispose of sludge will be equal to or less than the current rate.
Customers billed by Ukiah Waste Solutions are billed as commercial customers.
Customers billed by the City of Ukiah are billed as residential customers.