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HomeMy WebLinkAbout01298 - WASTE DISPOSAL SERVICE GARBAGE COLLECTION Waste Disposal Services Inc. Amendment No. 4 - Recycle AGREEMENT #1298 Surchge CM Signed, 6-19-91 :,5`.ss_'L16uFaiv'u' iSl3. _ 'L6 W€:'EREAS, ender authority of Resolution Mo. 12141, the City of Palm Springs and Waste Disposal Services, Inc. , heretofore entered into Agreement, A1298 upon terms and conditions and for the considerations therein enp.ressed; and WHEREAS the parties to said agreement mutually desire to amend Agreement t;1298 to increase the City's share of the Recycling Surcharge, TOU THEREFORE the parties hereto mutually agree, as follows: Section to Article Ill, Section W, "Financial and Accounting, ", Sentence 3 of Subsection 3 commencing with "Contractor" is hereby amended to read: "Contractor shall remit 9. 13 per duelling unit per month; Z 15 per bin pickup (commerciai/industrial.) & and $1. 50 per debris boa; or compactor pickup to City for administrative overhead costs. '' Section 2. The effective date of this Amendment shall be July 1, 1991. Section:: Except as specifically herein amended, all other terms, covenants earl conditions of Agreement 01298 are hereby ratified and shall remain in full force and effect,. IN WITMESS WHEREOF, the parties have caused these presents to be executed on the 19th day of June _ 199i. ATTEST'; CITY OF PALM SPRIMP)S, ?2 -1FORNI.A City Clark Ccty Kanagh REVIEWED & APPROVED WASTE DISPOUT SERVICES, INC. 1298-A4, AGR PPR(JO'0/'D By 5i��(NV�`�3�9�CJ1 THE COUNTY OF RIVERSIDE ROBERT A. NELSON Director December 5, 1990 Rick Wade Desert Valley Disposal P.O. Box 4040 Palm Springs, CA 92263 RE: Tipping Fees at Riverside County Landfills, Resolution No. 90-648 Dear Mr . Wade: This letter is to advise you that effective January 1, 1991, tipping fees at Riverside County Sanitary Landfills will increase from $15 . 00 per ton to $23 . 00 per ton. An executed copy of Resolution No. 90-648 will be forwarded to you when it is available within the next few weeks . It should be noted that the $10 .00 penalty charge for any vehicle meeting the definition of an uncovered load will continue to be made this year in addition to the regular tipping fees . If you have any questions on our Tipping Fees, please feel free to contact me or Barry Overholt at (714) 785-6081 . Sincerely, Robert A. Nelson Director GRA:ng 11728 Magnolia, Suite A • Riverside, CA 92503 • (714) 785.6081 • FAX: (714) 785.9651 OF PALM -P City of Palm Springs x x a400 ,ATE0 T c7<1FoeN`P tA,ECE-,1VU-' Office of City Manager 619-323-8201s� �Qtil4� CLERK August 23, 1990 Mr. James D. Cunningham WASTE DISPOSAL SERVICES, INC. Post Office Box 4040 Palm Springs, CA 92263 Dear Mr. Cunningham: I have reviewed your submittal dated August 3, and the revised schedule dated August 16, 1990, concerning contractually-required rate adjustments, and find satisfactory evidence to support your request for an increase of 1. 43% in the waste disposal collection fees. Therefore, with the authority vested by Resolution No. 15946, the rates as outlined in your revised schedule are hereby approved, effective October 1, 1990. Sincerely, DALLAS FLICEK Acting City Manager DF:mm cc: ; City Clerk I i Post Office Box 1786, Palm Springs, California 92263-1786 . BILLING RATES August 16.1990 WASTE DISPOSAL SERVICES. INC. COLLECTION RATES SCHEDULE EFFECTIVE 10/01/90 Current New Rate /Mo Rate 1 Mo A. Residential Twice weekly-2 cans 11.05 11.22 (side or backyard) Recycling fee - 0.55 055 Each additional can 5.51 5.59 B. Bins (uncompacted ) Recycling Surcharge @ $.55 per Bin per pickup (x 4 PU 1 mo) 1 112 cu yds (1x weekly) 36.98 37.61 Recycling fee 1 mo 2.20 2.20 Each additional pickup 5-80 5.86 2 cu yds (1x weekly) 39.69 40.26 Recycling lee/mo 2.20 2.20 Each additional pickup 6.33 6.42 3 cu yds (1x weekly) 52.05 52.79 Recycling fee/mo 2.20 2.20 Each additional pickup 8.46 9.58 4 cu yds (1x weekly) 61.64 62.62 Recycling fee/mo 2.20 2.20 Each additional pickup 9.66 9.80 C. Transfer Bodies (drop-off) GLrrenit?ale NBWflale Recycling Surcharge @ $5.50 per box, per pickup. 20 cu yds per pickup 75.02 76.0a Recycling fee / PU 5.50 5.50 Daily rental & maint. after 7 days 10.72 10.97 20 cu yds (covered)-PU 90.62 91.92 Recycling fee/ PU 5.50 5.50 Daily rental & maint. after 7 days 10.72 10.87 Page 1 BILLING RATES • August 16,1990 WASTE DISPOSAL SERVICES, INC. COLL'EC-PON RATES SCHEDULE EFFECTIVE 10101/90 C. Transfer Bodies (drop-off) -continued Current Rate New Rate "Mo. Min. 30 cu yds per pickup 105.70 107.21 Recycling fee/ PU 5.50 5.50 Daily rental & maint. after 7 days 15.10 15.32 40 cu yds per pickup 125.04 126.83 Recycling feel PU 5.50 5.50 Daily rental & maint. after 7 days 17.86 18.12 Toolbox-monthly rental 110.28 111.86 D. Stationary Compactors (Leased) 3 cu yds- monthly rental 436A1 442.65 20 cu yds-monthly rental 511.16 518.47 30 ou yds-monthiv rental 629.46 638.46 40 cu yds-monthly rental 747.75 758.44 E. Stationary Compactors (Customer Owned or Leased) 3 cu yds-per pickup 39.05 39.61 158.44 Recycle fee/box /PU 1.65 1.65 6.60 20 cu yds- per pickup 225.02 220.24 912.96 Recycle fee I box I PU 5.50 5.50 22.00 30 cu yds-per pickup 317.10 321.63 1286.52 Recycle fee I box I PU 5.50 5.50 22.00 40 cu yds-per pickup 375.11 380.47 1521.88 Recycle fee/box I PU 5.50 5.50 22.00 " Monthly minimum (4 pickups) required for leased compactors. Pago 2 BILLING RATES • August 16,1990 WASTE DISPOSAL SERVICES, INC. COLLECTION RATES SCHEDULE EFFECTIVE 10/01/90 Current Rate New Rate F. Special Hauls Household refuse, first 15 min. 12.95 13.14 Each additional 15 min 3.92 3.98 Appliances/large items 29.94 30.37 G. Hotel Commercial Can Service First unit wf ea. prop./Mo 11.06 11.22 Each additional unit(with or without kitchen) 2.60 2.64 Recycle fee/Unit(Month 0.55 0.55 H. Special Services Special pick up on bin 1 st bin, any size 23.02 23.35 Redelivery of bins 58.92 59.76 Additional bins: 1 112 cu yds 5.90 5.88 2 cu yds 6.33 6.42 3 cu yds 8.46 8.58 4 cu yds 9.66 9.90 I I Special Bin-4 day max Customer loads 46.93 47.60 i Recycle fee 1 Bin 1 PU 0.55 0.55 Special Bin- extra PU 23.02 23.35 Recycle fee 1 Bin 1 PU 0.55 0.55 [ Special Bin-Cleanup, deliver Wed., pickup Mon. 30.39 30.92 Recycle fee 1 Bin 1 PU 0.55 0.55 I r { I Paige 3 i BILLING RATES August 16,1990 WASTE DISPOSAL SERVICES, INC. COLLECTION RATES SCHEDULE EFFECTIVE 10/01/90 Current Rate Now Rate H. Special Services - continued Special Bin-Construction Minimum-month 52.05 52.79 Recycle fee I mo 2.20 2.20 Relocate Bin-Customer Req. 1 at bin, any size 23.02 23.35 Additional bins, any size 7.87 7.98 Bin rail out(per mo.) More than 25 feet 38.33 38.88 Up and down curb 38.33 38.88 Clean bin (Customer req) 48 hr. notice, all sizes 1 at Bin 43.76 44.39 Each additional bin 13.76 19.03 Locking bin -Each, Customer furnishes lock & key 1 time charge 43.76 44.99 Locking bin-Addn'i it WDS furnishes lock& 1 key remains with crew for PU 15.00 15.00 ( No increase at this time. ) NOTE: Resolution No. 17035 of the City Council of the City of Palm Springs, California, amended Resolution No. 15645 to allow for a recycling surcharge, March 7, 1990. Page 4 BILLING RATES August 16,1990 WASTE DISPOSAL SERVICES, INC. COLLECTION RATES SCHEDULE EFFECTIVE 10/01/90 I. Infectious Materials ( No new increase) A. Hospital rate: Charged at .20 per lb. plus container rental. All containers must be on customer's premises. 1 -5 containers 125.00 6-11 containers 150.00 12-18 containers 175.00 19-26 containers 200.00 27-36 containers 225.00 97 or more containers 250.00 Hospital minimum/mo_ 142.00 The charge will be applied as a per lb. or per container fee,whichever is greater. B. Small volume rate: Hauling rate per pickup minimum/mo. 84.25 Per container 27.50 The charge will be applied as a per pickup or per container fee whichever is greater. The above rates were increased by the infectious waste subcontractor and passed through January 1989. C. Tub Rental Clean and Sanitize Per Title 22Provisions 7.00 Monthly NOTE: Resolution No. 16140 provides for a 10% administration fee for Waste Disposal Services, Inc.for billing and license inspection of Infectious Waste Subcontractors. Page 5 WDRT1 . 91/BILLIlo of. ` Waste !'.Disposal cervices Anc. ''y F_ = ll 4690 Mesquite Av. Post Office Box 4040 1 Palm Springs, California 92263 r(b 619/327-1351 December 20, 1990 Mr. Dallas Flicek Acting City Manager City of Palm Springs P.O. Box 2743 Palm Springs, CA 92263 Dear Mr. Flicek: The Riverside County Board of Supervisors has adjusted the dump fee rate upward. Effective January 1, 1991, they will increase dump fees from $15. 00 per ton to $23 .00 per ton, a 53.3% rise. Hard to handle dump rates will go from $ 21.50 to $29. 50 per ton, a 37. 2% increase. In accordance with our agreement with the City of Palm Springs which allows for pass-through of these rates with notification by letter to the City Manager and with documentation from the County of Riverside verifying such increase, Waste Disposal Services will adjust its current dump fee rates upward effec- tive January 1, 1991. Attached is a schedule of Dump Fee Rates . If you have any questions, please call me. Your truly, '/Z4�� Rick Wade General Manager br Enclosure: Copy of letter from Robert Nelson Riverside Country Waste Management r cc: Mr. Allen F. Smoot 5 E D U LEE 0' J,�A F1 4 TvAe-l" 2 oi,&D IU 3- -hr ri R- m n d j3n yds AMENDMENT NO. 3 to AGREEMENT #1298 WHEREAS, under authority of Resolution No. 12141, the City of Palm Springs and Waste Disposal Services, Inc. , heretofore entered into Agreement #1298 upon the terms and conditions and for the considerations therein expressed; and WHEREAS the parties to said agreement mutually desire to amend Agreement #1298 to implement a recycling program, NOW THEREFORE the parties mutually consent and agree, as 'follows: Section 1: Article III, Section P, "Recycling" is hereby amended to read: "The Contractor is designated as the City's 'authorized recycling agent' . As such, the Contractor shall have exclusive right to conduct community-wide recycling efforts for residential and com- mercial recyclables. Said designation shall not prohibit recycling efforts of community groups, recycling enterprises in existence at the effective date of this Amendment, or buy-back centers mandated by the State of California. The Contractor shall give 'full coopera- tion to the City and all other agencies on the promotion and imple- mentation of recycling programs." Section 2: Article III , Section W, "Financial and Accounting" is hereby amended by adding Subsection 3 to read: "The Contractor shall establish and maintain a separate account for all recycling activities including revenues, expenses and capital purchases. Revenues from the sale of recyclables and fees collected from customers shall be recorded to this account. Contractor shall remit $.05 per dwelling unit, per month; $.05 per bin pickup (commercial/ industrial ) ; and $.50 per debris box or compactor pickup to City for administrative overhead costs. Additionally, the Contractor shall make a transfer at the end of each month into this account an amount of money equivalent to the savings in clump fees not paid for recyclables sold and therefore diverted from the landfill . Expenses authorized from this account shall include public education, administration, preparation of the City Waste Reduction and Recycling Element required by the California Integrated Solid Waste Management Act of 1989, purchase of recycling containers and equipment and all normal operating expenses attri- buted to conducting the activities included in the Waste Reduction and Recycling Plan adopted by the City. Reserves resulting from the recycling program funding sources shall not be expended for programs or projects not identified in the proposal for Integrated Solid Waste Management Services dated February 13, 1990, without prior consent of the City." Section 3. Article V, Section G, "Sale of By-Products" is hereby amended to read: "The Contractor agrees to direct all revenues generated through the sale of salvageable materials toward the cost of conducting re- cycling operations including public education. Said revenues shall not be subject to payment of a franchise fee. " Section 4: Except as specifically herein amended, all other terms, covenants and conditions of Agreement #1298 are hereby ratified and shall remain in full force and effect. IN WITNESS WHEREOF the parties hereto have hereunto set their hands. ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk /.,City Manager REVIEWED « l6n APPROVEDV WASTE DISPOSAL SERVICES, INC. Raymond Wade APPROVED BY THE U I Y �.OUNCIL e5 BYRES. WO. /70�y 3- 7-9c - L - i * State of CALIFORNIA On this the 02 day Of MARCH 1990, before * * * County Of RIVERSIDE me, BELINDA C . ROEDELL the undersigned Notary Public, personally * * appeared **RAYMOND WADR************* * _ personally known to me X proved to me on the basis of satisfactory evidence to be the person(s) who executed the * within instrument as RAYMOND WADE or, On behalf of the corporation therein named, and acknowledged to me that the corporation executed it. "),Ih"JL qWmru�uc-cnu�oaNw WITNESS my hand and Official seal . RIVERSOEC01INry - * G�.„„=,=�—:. <r�-�.•"�,� a ova C�jra�A'rvE.ei oc, r '3 Notary' s Signature **9:-f:9c*********Y;***Ye*****Yc********il-*****9c-k*9:*'.;********z*•.':*******ti********ic::*:;** - 3 - RESOLUTION NO. 17007 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING RESOLUTION NO. 15645 TO ALLOW WASTE DISPOSAL SERVICES, INC. , TO RECOVER DUMP FEE COSTS OF OVERLOADED TRANSFER BODIES (ROLL-OFF BOXES) . WHEREAS Resolution No. 15645 was adopted on September 18, 1985, which establishes rates and charges that Waste Disposal Services , Inc. , may collect; and WHEREAS Section 1, Subsection "C", of said Resolution establishes rates for Transfer Bodies; and WHEREAS the present flat: fee for dump fees adequately covers said charges for the average tonnage of four tons hauled in Transfer Bodies; and WHEREAS Transfer Bodies are often overloaded with construction mate- rials; and WHEREAS many waste-disposal companies charge actual dump fees plus administrative charges for overloaded Transfer Bodies; and WHEREAS Waste Disposal Services , Inc. , has requested that it be allowed to recover the dump fees for Transfer Bodies loaded in excess of six tons, NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs , California, that Subsection "C" under Section 1 is hereby amended by adding the following at the end of the subsection: "Dump fees for all Transfer Bodies loaded in excess of six tons shall be the appropriate flat rate listed above plus actual charges for weight in excess of six tons ." ADOPTED this 17th day of Januar , 1990. AYES. Councilmembers Apfelbaum, Broich, Foster, Neel and Mayor Bono NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk City Manager REVIEWED & APPROVED 131., F PALM S A' Z City of Palm Springs F 'o 9pp�,T[0 1: C"��lFOkN�p Office of City Manager 619-323-8201 January 11, 1990 Mr. James D. Cunningham WASTE DISPOSAL SERVICES, INC. Post Office Box 4040 Palm Springs, California 92263 Dear Mr. Cunningham: Dump Fee Rate Increase Your letter of December 11, 1989, in regard to the rise in the dump fee rates as adjusted by the Riverside County Board of Supervisors has been reviewed. As stated in your letter and in accordance with our agree- ment, this increase is allowed as a pass-through. The previous and revised rates are: Previous Revised Dump Fees $12/ton $15/ton (25%) Hard-to-Handle $17.50/ton $21.50/ton (22.9%) Waste Disposal Services may adjust its current dump fee rates as outlined in your letter of December 11, 1989, such rates to be effective January 1, 1990. Sincerely, NORMAN R. KING City Manager NRK:mm cc: J. Sumich A. Smoot Post Office Box 1786, Palm Springs, California 92263-1786 G, yo OF PALM " � U) City of Palm Springs �4PORATEO T c t!FORN'P Office of City Manager 619-323-8201 December 8, 1989 Mr. James D. Cunningham WASTE DISPOSAL SERVICES, INC. Post Office Box 4040 Palm Springs, California 92263 Dear Mr. Cunningham: I have reviewed your submittal dated December 5, 1989, request- ing city approval of increased fees for the disposal of infectious waste, as follows: BFI Medical Waste Systems (BINGHAM) Small Volume Rate: Hauling Rate per Pickup Minimum/Month $84.25 Per Container $27.50 The charge to be applied as a per-pickup or per-container fee, whichever is greater. Tub Rental Clean and Sanitize Per Title 22 Provisions $7.00/Month With the authority vested by Resolution No. 15946, the above rates are hereby approved, effective January 1, 1990, and, an addition of ten percent is hereby approved as an Administrative Fee with the authority vested by Resolution No. 16140. Sincerely, NORMAN R. KING City Manager NRK:mm cc: A. Smoot Post Office Box 1786, Palm Springs, California 92263-1786 Waste Disposal cervices Anc. 4690 Mesquite Av. December 5, 1989 Post Office Box4040 Palm Springs, California 92263 619/327-1351 Mr. Allen F. Smoot Director of Transportation and Energy City of Palm Springs P.O. Box 1786 Palm Springs, CA 92263 Dear Mr. Smoot: We recently were advised that infectious waste haulers acting as subcontractors will impose rate increases effective 1/01/90 . The increase is due to rising landfill, fuel, insurance and other related operating costs. The City Manager is authorized to approve hauling fees and we are requesting city approval for this increase. Please present this to Mr. Norman King, or to his delegate, for his action. I BFI Medical Waste Systems (BINGHAM) Curr. Rate New Rate j Small Volume Rate: Hauling rate per pickup minimum/mo. $75.50 $84.25 Per container $24.50 $27.50 The charge will be applied as a per pickup or per container fee whichever is greater. Tub Rental: Clean and sanitize, per Title 22 provisions. $6. 00/Mo. $7.00/Mo. Resolution No. 16140 provides for a 10% administration fee for Waste Disposal Services, Inc. for billing and license inspection of Infectious Waste Subcontractors and this surcharge will be added to the new rate if it is approved. Res e ul , y Ray—Wade Vice President br cc: R. Wade, Operations RATEFL: INFECTWT. 90 PALM a .off City of Palm Springs 4COf.....E0 c9C1 FORK"P RECEIVED ;t Office of City Manager OCT 13 1989 ' CITY CLERK 619-323-8201 1 September 12, 1989 i Mr. James D. Cunningham CWASTC.p P05A1�SERVICES, INC. Post Office Box 4040 Palm Springs, California 92263 =i Dear Jim: !: r+ Rate Adjustment i I have reviewed your submittal dated September 11, 1989, con- 1. cerning contractually-required rate adjustments, and find satisfactory evidence to support your request for, an increase of 5.3% in the waste i disposal collection fees. Therefore, with the authority vested by Resolution No. 15946; the rates as outlined in your letter of September 11, 1989, are hereby tl approved effective October 1, 1989. Sincerely, NORMAN R. KING City Manager NRK:mm cc: A. Smoot Post Office Box 1786 Palm lzr-in- - !'alifn • f September 11, 1989 (Replaces 8/10/89 Schedule) WASTE DISPOSAL SERVICES, INC. COLLECTION RATES SCHEDULE EFFECTIVE 10/01/89 c Current New Rate/Mo Rate/Mo A. Residential Twice weekly - 2 cans 10.50 11.06 t- (side or backyard) Each additional can 5.23 5.51 I: B. Bins (uncompacted) c 1 1/2 cu yds (lx weekly) 35.12 36.98 Each additional pickup 5.51 5.80 6 s 2 cu yds (lx weekly) 37.69 39. 69 Each additional pickup 6.01 6.33 3 cu yds (lx weekly) 49.43 52.05 Each additional pickup 8.03 8.46 4 cu yds (ix weekly) 58.54 61. 64 Each additional pickup 9,17 9.66 C. Transfer Bodies (drop-off) k 20 cu yds per pickup 71.24 75.02 Daily rental & maint. after 7 days. 10.22 10.72 20 cu yds (covered) per p/u 86.06 90.62 Daily rental & maint. after 7 days. 10.22 10.72 30 cu yds per pickup 100.38 105.70 Daily rental & maint. after 7 days. 14.27 15.10 40 cu yds per pickup 118.75 125.04 Daily rental & maint. after 7 days. 26.73 17.86 Toolbox - monthly rental 104.73 110.28 • September 11, 1989 WASTE DISPOSAL SERVICES, INC. COLLECTION RATES SCREDIILE EFFECTIVE 10/01/39 Curr. New *Mo. Rate Rate Min. D. Stationary Compactors (leased) 3 cu yds- monthly rental 414.44 436. 41 20 cu yds- monthly rental 485.43 511.16 30 cu yds- monthly rental 597.78 629.46 40 cu yds- monthly rental 710.11 747.75 E. Stationary Compactors (Customer Owned or Leased) 3 cu yds - per pickup 37.08 39.05 156.20 20 cu yds - per pickup 213.69 225.02 900.06 30 cu yds - per pickup 301.14 317.20 1268.40 40 cu yds - per pickup 356.23 375.11 1500.44 * Monthly minimum (4 pickups)required for leased compactors. F. Special Hauls Household refuse, first 15 min. 12.30 12.95 Each- additional 15 min. 3,72 3.92 Appliances/large items, min. 28.43 29.94 Redelivery of bins 55.95 58.92 G. Hotel Commercial Can Service First unit w/i ea. prop. 10.50 I1.06 Each additional unit (with or without kitchen) 2.47 2.60 H. Special Services Special pick up on bin 1st bin, any size 21. 86 23.02 Additional bins: 1 1/2 cu yds 5.51 5.80 2 cu yds 6.01 6.33 3 cu yds 8.03 8. 46 4 cu yds 9 .17 9. 66 2 cwi LY 1.G YtUb YSC • { i September 11, 1989 WASTE DISPOSAL SERVICES, INC. , COLLECTION RATES SCHEDULE EFFECTIVE 10/01/99 9 i I. Infectious Materials (No new increase) A. Hospital rate: Charged at .20 per lb. plus container rental. All containers must be on customer's premises. i 1 - 5 containers 125.00 6 -11 containers 150.00 1 12 -18 containers 175.00 19 -26 containers 200.00 27 -36 containers 225.00 37 or more containers 250.00 Hospital .minimum/mo. 142.00 (hauling rate) The charge will be applied as a per lb. or per container fee, whichever is greater. B. Small volume rate: Hauling rate per pickup minimum/ma. 75.50 Per container 24.50 i The charge will be applied as a per pickup or per I container fee whichever is greater. The above rates were increased by the infectious waste subcontractor and passed through January 1989. C. Resolution No. 16140 provides_.for-a. 108 administration fee for Waste Disposal ,Services, Inc. for billing and license inspection of Infectious Waste Subcontractors. 4 PALM f 10 alp Ch City of Palm Springs * C�RFORATEO T' � � OR RECEIVED 0 C T 3 1939 Office of City Manager 619-323-8201 CM' CLERK September 12, 1989 i Mr. James D.- Cunningham (CdA.STE�POSAL/SERVICES, INC. Post Office Box 4040 Palm Springs, California 92263 Dear Jim: Rate Adjustment f I have reviewed your submittal dated September 11, 1989, con- cerning contractually-required rate adjustments, and find satisfactory evidence to support your request for an increase of 5.36 in the waste disposal collection fees. Therefore, with the authority vested by Resolution No. 15946, the rates as outlined in your letter of September 11, 1989, are hereby approved effective October 1, 1989. Sincerely, NORMAN R. KING j City Manager NRK:mm cc: A. Smoot Post Office Box 1786, Palm Sprin91 C-lifrrnia 9110 17 ' RATEFL:LFDSVSC 89 September 11, 1989 (Replaces 8/10/89 Schedule:) WASTE DISPOSAL SERVICES, INC. COLLECTION RATES SCHEDULE EFFECTIVE 10/01/89 Current New Rate/Mo Rate/Mo A. Residential Twice weekly - 2 cans 10.50 11.06 (side or backyard) Each additional can 5.23 5.51 B. Bins (uncompacted) 1 1/2 cu yds (lx weekly) 35.12 36.98 Each additional pickup 5.51 5.80 2 cu yds (lx weekly) 37.69 39, 69 Each additional pickup 6.01 6,33 3 cu yds (lx weekly) 49.43 52.05 Each additional pickup 9.03 8.46 4 eu yds (lx weekly) 58.54 61. 64 Each additional pickup 9.17 9. 66 C. Transfer Bodies (drop-O.Ef) 20 cu yds per pickup 71.24 75.02 Daily rental & maint. after 7 days. 10.22 10.72 20 cu yds (covered) per p/u 86.06 90.62 Daily rental & maint. after 7 days. 10.22 10.72 30 cu yds per pickup 100.38 105.70 Daily rental & maint. after 7 days. 14.27 15.10 40 cu yds per pickup 118.75 125.04 Daily rental & maint. after 7 days. 16.73 17.86 Toolbox - monthly rental 104.73 110.28 I Iiu S I . RATEFL:WDSVSC 499 September 11, 1989 WASTE DISPOSAL SERVICES, INC. COLLECTION RATES SCHEDULE EFFECTIVE 10/01/89 Curr. New *140. - Rate Rate Min. D. Stationary Compactors (leased) 3 cu yds- monthly rental 414.44 436.41 20 cu yds- monthly rental 485.43 511. 16 30 cu yds- monthly rental 597.78 629.46 40 cu yds- monthly rental 710.11 747.75 E. Stationary Compactors (Customer Owned or Leased) 3 cu yds - per pickup 37.08 39.05 156.20 20 cu yds - per pickup 213.69 225.02 900.03 30 cu yds - per pickup 301. 14 317.10 1268.40 40 cu yds - per pickup 356.23 375.11 1500.44 * Monthly minimum (4 pickups)required for leased compactors. F. Special Hauls Household refuse, first 15 min. 12.30 12.95 Each- additional 15 min. 3.72 3.92 Appliances/large items, min. 28,43 29.94 Redelivery of bins 55.95 58.92 G. Hotel Commercial Can Service First unit w/i ea. prop. _ 10.50 11.06 Each additional unit (with or without kitchen) 2.47 2.60 H. Special Services Special pick up on bin 1st bin, any size 21. 86 23.02 Additional bins: 1 1/2 cu yds 5.51 5.80 2 cu yds 6.01 6.33 3 cu yds 8.03 8.46 4 cu yds 9 . 17 9.66 2 SEP - III T HU 11 = 2 -, W t ST a D I S P US ' L RATEFL:WDSVSC' 499 September 11, 1989 WASTE DISPOSAL SERVICES, INC. COLLECTION RATES SCHEDULE EFFECTIVE 10/01/89 Curr. New Rate Rate H. special services, continued Special Bin -4 Day max. Customer loads 44.57 46.93 Special Bin - empty & leave 21.86 23.02 Special Bin - Cleanup, deliver Wed. , pickup Mon. 28. 86 30.39 Special Bin - Construction Minimum - 1 month 49.43 52.05 Relocate Bin - Customer Req. 1st bin, any size 21.86 23.02 Additional bins, any size, 7.47 7.87 To return when blocked Bin and Drop Off Body 21.85 23.02 Bin roll out (Per mo.) More than 25 feet 36.40 38.33 Up and down Curb 36.40 38.33 Clean bin (Customer req.) 48 hr. notice, all sizes 1st Bin 41.56 43.76 Ea. additional bin 17.82 18.76 Locking bin - Each, Customer furnishes lock a key 1 time charge 41.56 43.76 Locking bin- Addn'1 if WDS furnishes lock & 1 key remains with crew for PU 15.00 3 p P O :J r..L ,.. .__. RATEFL:WDSVSG 89 September 11, 1989 WASTE DISPOSAL SERVICES, INC. COLLECTION RATES SCHEDULE EFFECTIVE 10/01/89 I. Infectious Materials (No new increase) A. Hospital rate: charged at .20 per lb. plus container rental. All containers must be on customer's premises. 1 - 5 containers 125.00 6 -11 containers 150.00 12 -18 containers 175.00 19 -26 containers 200.00 27 -36 containers 225.00 37 or more containers 250.00 Hospital .minimum/mo. 142.00 (hauling rate) The charge will be applied as a per lb, or per container fee, whichever is greater. B. Small volume rate: Hauling rate per pickup minimum/mo. 75.50 Per container 24.50 The charge will be applied as a per pickup or per container fee whichever is greater. The above rates were increased by the infectious waste subcontractor and passed through January 1089, C. Resolution No. 16140 provides for a 10t administration fee for Waste Disposal Services, Inc. for billing and license inspection of Infectious waste Subcontractors. 4 A r h c[' Waste Oisposad cervices Anc. 4690 Mesquite Av. Post Office Box 4040 Palm Springs, California 92263 619/327-1351 RECEIVED September 9, 1987 nr T 2 8 1987 Mr. Norman R. King CITV (..I FRK City Manager City of Palm Springs P.O. Box 1786 Palm Springs, CA 92263 Dear Mr. King: In accordance with our Waste Disposal Collection Agreement and the action of the City Council delegating contractual rate adjustment authority to you, we propose and seek your approval to adjust our collection rates upward 1.58% effective October 1, 1987. Our agreement provides that rate adjustments are to be based on 75% of the change in the transportation index of the C.P.I. Los Angeles, Long Beach, Anaheim, all urban users, and have been calculated as follows: June 1987 337.5 June 1986 - 330.5 7.0 330.5 = 2. 1 x 75% = 1.58% A collection rate sheet is attached. Dump fees will remain unchanged subject to a proposed county dump fee adjust- ment- scheduled to be effective January 1, 1988. We will continue to provide the highest possible level of service to the customers in co unity. We thank you for your consideration of our proposal. Your truly Ja es n rest e C br cc: Mr. Allen F. Smoot, Director of Transportation 6 Energy r ^c.^::� September 9, 1987 WASTE DISPOSAL SERVICES, INC. COLLECTION RATES Current New Monthly Min. Rate Rate 4 Pickups A. Residential Twice weekly - 2 cans 9. 96/mo. 10. 12/mo. (side or backyard) Each additional can 4.96/mo. 5.04/mo. B. Bins (uncompacted) 12 cu yds (once weekly) 33.30/mo. 33.83/mo. Each additional pickup 5.23 5.31 2 cu yds (once weekly) 35.75/mo. 36.31/mo. Each additional pickup 5.70 5.79 3 cu yds (once weekly) 46.88/mo. 47.62/mo. Each additional pickup 7.62 7.74 4 cu yds (once weekLy) 55.52/mo. 56.40/mo. Each additional pickup 8.69 8.83 C. Transfer Bodies (drop-off) 20 cu yds per pickup 67.56 68.63 Daily rental & maint. after 7 days 9.70 9.85 20 cu yds (covered) per pickup 81 .62 82.91 Daily rental & maint. after 7 days 9.70 9.85 30 cu yds per pickup 95.21 96.71 Daily rental & maint. after 7 days 13.54 13.75 40 cu yds. per pickup 112.62 114.40 Daily rental & maint. after 7 days 15.87 16. 12 Toolbox - monthly rental 99.33 100.90 D. Stationary Compactors (leased) 3 cu yds - monthly rental 393.06 399.27 20 cu yds - monthly rental 460.39 467.66 30 cu yds - monthly rental 566.94 575.90 40 cu yds - monthly rental 673.47 684. 11 s j, �i ; a. 2. September 9, 1987 WASTE DISPOSAL SERVICES, INC. COLLECTION RATES Current New *Monthly Min. Rate Rate 4 Pickups E. Stationary Compactors (Customer Owned or Leased) 3 cu yds - per pickup 35.16 35.72 142.88 20 cu yds - per pickup 202.67 205.87 823.48 30 cu yds - per pickup 285.61 290. 12 1160.48 40 cu yds - per pickup 337.85 343. 19 1372.76 * Monthly minimum required for any leased compactors. F. Special Hauls Household refuse, first 15 min. 11.67 11.85 Each additional 15 min. 3.52 3.58 Appliances/large items, Minimum 26.96 27.39 Redelivery of bins 53.06 53.90 G. Hotel Commercial Can Service First unit within each property 9.96 10. 12 Each additional unit (with or without- kitchen) 2.34 2.38 H. Special Services Special pickup on bin 1st Bin, any size 20.73 21.06 Additional bins 1`z cu yds 5.23 5.31 2 cu yds 5.70 5.79 3 cu yds 7.62 7.74 4 cu yds 8.69 8.83 Special bin - 4 day maximum customer loads ' 48.33 49.09 Special bin - empty & leave 20.73 21.06 Special bin - Cleanup, deliver Wed. , pickup Mon. 27.37 27.80 Relocate bin - customer request 1st bin, any size 20.73 21.06 Additional bins, any size, each 7.09 7.20 i 5 r(I'i L.. C�. September 10, 1987 3. WASTE DISPOSAL SERVICES, INC. COLLECTION RATES Current New Rate Rate Return to pickup when blocked Bin and Drop Off Body 20.73 21.06 Bin Rollout (per month) More than 25 feet 34.52 35.07 Up and down curb 34.52 35.07 Clean bin (customer request) 48 hour notice, all sizes 1st bin 39.42 40.04 Each additional bin 16.90 17. 17 Locking bin - each, one- time charge 39.42 40.04 I. Infectious Materials A. Hospital rate: Charged at 20� per pound plus container rental. All containers must be on customer's premises. 1 - 5 containers 125.00 6 - 11 containers 150.00 12 - 18 containers 175.00 19 - 26 containers 200.00 27 - 36 containers 225.00 37 or more containers 250.00 Rental per container/mo. 5.00 5.00 Hospital minimum/mo. 142.00 (hauling rate) The charge will be applied as a per pound or per container fee, whichever is greater. B. Small Volume rate: Hauling rate per pickup minimum/mo. 45.00 57.00 Per container 15.00 18.50 The charge will be applied as a per pickup or per container fee, whichever is greater. C. Resolution No. 16140 provides for a 10% administration fee for Waste Disposal Services, Inc, for billing and license inspection of Infectious Waste Subcontractors. File COPY OF PALM v N City of Palm Springs, , - c���FORN�P Transportation and Energy Department j, I V E: 1 619-323-8163 19RSeptember 14, 1987 CjTV rl-i:PK Mr. James D. Cunningham, President WASTE DISPOSAL SERVICES, INC. 'Po'St�&cf a`Bt6 40 0•� ,,L!� Palm Springs , California 92263 Dear Mr -unningham: fG� Rate Adjustment I have reviewed your submittal , dated September 9, 1987, concerning contractually-required rate adjustments , and find satis- factory evidence to support your request for an increase of 1.581' in the waste disposal collection fees. Therefore, with the authority vested by Resolution No. 15946, the rates as outlined in your letter of September 9, 1987, are hereby approved, effective October 1, 1987. Sincerely, / -� NORMAN R. KING City Manager NRK:mm cc: A. Smoot Post Office Box 1786, Palm Springs, California 92263-1786 Waste Aisp®sal Services &Qnc. 4690 Mesquite Av. Post Office Bo)( 4040 Palm Springs, California 92263 619/327-1351 r" 77 0 September 9, 1987 �P r ?, 8 Mr. Norman R. King (-ITV City Manager City of Palm Springs P.O. Box 1786 Palm Springs, CA 92263 Dear Mr. King: In accordance with our Waste Disposal Collection Agreement and the action of the City Council delegating contractual rate adjustment authority to you, we propose and seek your approval to adjust our collection rates upward 1.58% effective October 1, 1987. Our agreement provides that rate adjustments are to be based on 75% of the change in the transportation index of the C.P.I. Los Angeles, Long Beach, Anaheim, all urban users, and have been calculated as follows: June 1987 337.5 June 1986 - 330.5 7.0 1 330.5 = 2.1 x 75% = 1.58% A collection rate sheet is attached. Dump fees will remain unchanged subject to a proposed county dump fee adjust- ment scheduled to be effective January 1, 1988. We will continue to provide the highest possible level of service to the customers in co unity. We thank you for your consideration of our proposal. Your truly Ja es n j rest en br cc: Mr. Allen F. Smoot, Director of Transportation & Energy September 9, 1987 WASTE DISPOSAL SERVICES, INC. COLLECTION RATES Current New Monthly Min. Rate Rate 4 Pickups A. Residential Twice weekly - 2 cans 9.96/mo. 10.12/mo. (side or backyard) Each additional can 4.96/mo. 5.04/mo. B. Sins (uncompacted) 1'2 cu yds (once weekly) 33.30/mo. 33.83/mo. Each additional pickup 5.23 5.31 2 cu yds (once weekly) 35.75/mo. 36.31/mo. Each additional pickup 5.70 5.79 3 cu yds (once weekly) 46.88/mo. 47.62/mo. Each additional pickup 7.62 7.74 4 cu yds (once weekly) 55.52/mo. 56.40/mo. Each additional pickup 8.69 8.83 C. Transfer Bodies (drop-off) 20 cu yds per pickup 67.56 68.63 Daily rental & maint. after 7 days 9.70 9.85 20 cu yds (covered) per pickup 81.62 82.91 Daily rental & maint. after 7 days 9.70 9.85 30 cu yds per pickup 95.21 96.71 Daily rental & maint. after 7 days 13.54 13.75 40 cu yds. per pickup 112.62 114.40 Daily rental & maint. after 7 days 15.87 16. 12 Toolbox - monthly rental 99.33 100.90 D. Stationary Compactors (leased) 3 cu yds - monthly rental 393.06 399.27 20 cu yds - monthly rental 460.39 467.66 30 cu yds - monthly rental 566.94 575.90 40 cu yds - monthly rental 673.47 684. 11 2. September 9, 1987 WASTE DISPOSAL SERVICES, INC. COLLECTION RATES Current New *Monthly Min. Rate Rate 4 Pickups E. Stationary Compactors (Customer Owned or Leased) 3 cu yds - per pickup 35.16 35.72 142.88 20 cu yds - per pickup 202.67 205.87 823.48 30 cu yds - per pickup 285.61 290. 12 1160.48 40 cu yds - per pickup 337.85 343. 19 1372.76 * Monthly minimum required for any leased compactors. F. Special Hauls Household refuse, first 15 min. 11.67 11.85 Each additional 15 min. 3.52 3.58 Appliances/large items, Minimum 26.96 27.39 Redelivery of bins 53.06 53.90 G. Hotel Commercial Can Service First unit within each property 9.96 10.12 Each additional unit (with or without kitchen) 2.34 2.38 H. Special Services Special pickup on bin 1st Sin, any size 20.73 21.06 Additional bins 1'z cu yds 5.23 5.31 2 cu yds 5.70 5.79 3 cu yds 7.62 7.74 4 cu yds 8.69 8.83 Special bin - 4 day maximum customer loads ' 48.33 49.09 Special bin - empty & leave 20.73 21.06 Special bin - Cleanup, deliver Wed. , pickup Mon. 27.37 27.80 Relocate bin - customer request 1st bin, any size 20.73 21.06 Additional bins, any size, each 7.09 7.20 Y September 10, 1987 3. WASTE DISPOSAL SERVICES, INC. COLLECTION RATES Current New Rate Rate Return to pickup when blocked Bin and Drop Off Body 20.73 21.06 Bin Rollout (per month) More than 25 feet 34.52 35.07 Up and down curb 34.52 35.07 Clean bin (customer request) 48 hour notice, all sizes 1st bin 39.42 40.04 Each additional bin 16.90 17. 17 Locking bin - each, one- time charge 39.42 40.04 I. Infectious Materials A. Hospital rate: Charged at 20C per pound plus container rental. All containers must be on customer's premises. 1 - 5 containers 125.00 6 - 11 containers 150.00 12 - 18 containers 175.00 19 - 26 containers 200.00 27 - 36 containers 225.00 37 or more containers 250.00 Rental per container/mo. 5.00 5.00 Hospital minimum/mo. 142.00 (hauling rate) The charge will be applied as a per pound or per container fee, whichever is greater. B. Small Volume rate: Hauling rate per pickup minimum/mo. 45.00 57.00 Per container 15.00 18.50 The charge will be applied as a per pickup or per container fee, whichever is greater. C. Resolution No. 16140 provides for a 10% administration fee for Waste Disposal Services, Inc. for billing and license inspection of Infectious Waste Subcontractors. / PALM pF S,a r k City of Palm Springs ���IIATlO C,'ZIFO RN\P RECEIVE © Office of City Manager DEC 31 1985 619-323-8201 CITY rI FfaK December 30, 1985 Mr. James T. Cunningham, President Waste Disposal Services, Inc. P.O. Box 4040 Palm Springs, Ca 92263 Dear Jim: In accordance with Resolution No. 15646, I am approving contractually required increases for pass-through dump fees as shown on the attached "Schedule of Dump Fee Rates," effective January 1, 1986. The information contained in your letter dated December 16, 1985, and its attachments, provided satisfactory evidence supporting these adjustments in dump fee charges. Sincerely yours, NORMAN R. KING/ City Manager enclosure NRK:es Post Office Box 1786, Palm Springs, Calilbrma 92263-1786 I SCHEDULE OF DUMP FEE RATES Current Rates New Rates * A. Residential Twice Weekly - 2 cans (side or .84/mo 1.07/mo backyard) Each additional can .41/mo .52/mo B. Bins (uncompacted) 1' cu yds .41/p-up .52/p-up 2 cu yds .61/p-up .78/p-up 3 cu yds .92/p-up 1.17/p-up 4 cu yds 1.22/p-up 1.55/p-up C. Transfer Bodies 20 cu yds 13.32/p-up 16.94/p-up 30 cu yds 19.91/p-up 25.33/p-up 40 cu yds 26.62/p-up 33.86/p-up D. Stationary Compactors (leased or customer owned) 3 cu yds 7.97/mo min 10.14/mo min 20 cu yds 26.63/p-up 33.87/p-up 30 cu yds 39.83/p-up 50.66/p-up 40 cu yds 53.24/p-up 67.72/p-up, E. Hard To Handle 2.63 cu yd 3.35 cu yd F. Infectious Materials 14.67/p-up 18.66/p-up * New Rates effective January 1, 1986. q APPROVED za-lza-,, City 9,Tnager CITY OF PALM SPRINGS (Per Resolution No. 15646) I RESOLUTION NO. 15645 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING DUMP FEE CHARGES AND WASTE DISPOSAL CHARGES EFFECTIVE OCTOBER 1, 1985. WHEREAS Agreement #1298 with Waste Disposal Services, Inc. , was entered into by Resolution No. 12141, effective October 1, 1977, upon the terms and conditions and for the consideration therein expressed; and WHEREAS Agreement #1298 has been amended from time to time for the pur- poses of the establishment of certain services and fees, and for providing reimbursement to Waste Disposal Services, Inc. , for the Dump Fee charges imposed by the Board of Supervisors of Riverside County; and WHEREAS Staff has recommended that an increase in Dump Fee surcharges and in residential and commercial waste disposal fees be approved as contrac- tually required; and WHEREAS future increases in Dump Fee surcharges as a pass-through and annual rate adjustments are contractually required; and WHEREAS such adjustments are ministerial in nature, NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs that: Section 1. The following Dump Fee Surcharge rates shall become effective October 1, 1985: a. Residential - twice weekly $ .84/mo. 2 cans (side or backyard) Each additional can .41/mo. b. Bins (uncompacted) 1'-, cu. yds. (once weekly) .41/pickup 2 cu. yds. (once weekly) .61/pickup 3 cu. yds. (once weekly) .92/pickup 4 cu. yds. (once weekly) 1. 22/pickup C. Transfer Bodies (Drop off) (uncompacted) 20 cu. yds. 13.32/pickup 30 cu. yds. 19. 91/pickup 40 cu. yds. 26.62/pickup d. Transfer Bodies (Drop off) (Compacted) 20 cu. yds. 26.63/pickup 30 cu. yds. 39.83/pickup 40 cu. yds. 53.24/pickup 3 cu. yds. 7. 97/pickup Resolution No. 15645 Page two e. Hard-to-handle $ 2.63/cu. yd. f, Infectious Materials 14.67/pickup Section 2. The following Collection Fee Service Rates shall become effective October 1, 1985: a. Residential Twice Weekly - 2 cans 10. 10/mo. (side or backyard) Each addtional can 5.03/mo. b. Bins (Uncompacted) 1'z cu. yds. (once weekly) 33.76/mo. Each additional pickup 5.30 2 cu. yds. (once weekly) 36.24/mo. Each additonal pickup 5.78 3 cu. yds. (once weekly) 47.52/mo. Each additonal pickup 7.72 4 cu. yds. (once weekly) 56.28/mo. Each addional pickup 8.81 C. Transfer Bodies (drop off) 20 cu. yds. /pickup 68.48 Daily rental & maint. after 7 days 9.83 20 cu. yds. (covered)/pickup 82. 74 Daily rental & maint. after 7 days 9.83 30 cu. yds. /pickup 96.51 Daily rental & maint. after 7 days 13.72 40 cu. yds. /pickup 114. 16 Daily rental & maint. after 7 days 16.09 Toolbox - monthly rental 100.69 d. Stationary Compactors (leased) Once weekly Monthly Min. Pickup (4 pickups) 3 cu. yds. 570. 28 Monthly lease 398.44 968.72 20 cu. yds. 821. 76 Monthly lease 466.69 1,288.45 30 cu. yds. 1, 158.08 Monthly lease 574.70 1,732.78 40 cu. yds. 1,369.88 Monthly lease 682.69 2,052.57 Resolution No. 15645 Page three e. Stationary Compactors (customer owned) Once weekly Monthly Min. Pickup (4 pickups) 3 cu. yds. $ 142.57 $ 570.28 20 cu. yds. 205.44 821.76 30 cu. yds. 289.52 1, 158.08 40 cu. yds. 342.47 1,369.88 f. Special Hauls Household refuse, first 15 minutes 11.83 Each addtional 15 minutes 3.57 Appliances/large items, Minimum Charge 27.33 Redelivery of bins 53.79 g. Hotel Commercial Can Service First unit within each property 10.10 Each additional unit(with or without kitchen) 2.37 h. Special Services Special pickup on bin 1st bin, any size 21.01 Additional bins: 11z cu. yds. 5.30 2 cu. yds. 5.78 3 cu. yds. 7.72 4 cu. yds. 8.81 Special bin - 4 day maximum, customer loads 48.99 Special bin - empty & leave 21.01 Relocate bin - customer request First bin, any size 21.01 Additional bins, any size 7. 19 Return to pickup when blocked, Bin and Drop off body 21.01 Bin Rollout - per month More than 25 feet 34.99 Up or down curb 34.99 Clean bin - customer request 48 hour notice, all sizes First bin 39.96 Each additonal bin 17. 13 Locking bins - each, one-time charge 39.96 0 Resolution No. 15645 Page four i. Infectious Materials Per pickup, per pound .20 1) 1-5 containers 125.00 6-11 containers 150.00 12-18 containers 175.00 19-26 containers 200.00 27-36 containers 225.00 37 or more containers 250.00 2) Container lease fee $5.00 per month. The charge will be applied as the per pound fee or the per container fee, whichever is greater. j . Special Cleanup bin - 3 cu. yds. Delivered Wednesday, picked up 27.74 Monday. ADOPTED this 18th day of September 1985. AYES: Councilmembers Birer, Foster, Smith and Mayor pro tem Maryanov NOES: None ABSENT: Mayor Bogert ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk City Manager REVIEWED & APPROVED RESOLUTION NO. 15644 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING AMENDMENT #2 TO AGREE- MENT #1298 TO EXTEND THE AGREEMENT THROUGH SEPTEMBER 30, 1992, GRANTING AN OPTION FOR AN ADDITIONAL 5-YEAR PERIOD ENDING SEPTEMBER 30, 1997, AND IMPOSING A 5% FRANCHISE FEE ON RESIDENTIAL INCOME. WHEREAS the City of Palm Springs, under the authority of Resolution #12141, entered into Agreement #1298 with Waste Disposal Services, Inc. to provide for the collection and disposal of waste, rubbish and trash within the City of Palm Springs upon the terms and conditions therein expressed; and WHEREAS Amendment #1 to Agreement #1298 was approved by Resolution #13755; and WHEREAS Staff has recommended that Amendment #2 to Agreement #1298 be entered into for the purposes of extending the Agreement through September 30, 1992 and granting an option for an additional 5-year period ending September 30, 1997; and WHEREAS the City Council finds that amending said Agreement #1298 is in the best interests of the City of Palm Springs, and promotes the health, safety and welfare of all the residents and visitors to the City by assuring the continuation of a high level of waste, trash and rubbish removal; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs that Amendment No. 2 to Agreement #1298 is hereby approved effective October 1 , 1985. ADOPTED THIS 18th day of September 1985 AYES: Councilmembers Birer, Foster, Smith and Mayor pro tem Maryanov NOES: None ABSENT: Mayor Bogert ATTEST: BY City Clerk City Manager REVIEWED & APPROVED RESOLUTION NO. 15646 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DELEGATING AUTHORITY TO THE CITY MANAGER OR DESIGNEE TO APPROVE CONTRACTUALLY REQUIRED RATE INCREASES. WHEREAS Agreement #1298 with Waste Disposal Services, Inc. , was entered into by Resolution No. 12141, effective October 1, 1977, upon the terms and conditions and for the consideration therein expressed; and WHEREAS Agreement 111298 has been amended from time to time for the pur- poses of establishment of certain services and fees, and for providing reimbursement to Waste Disposal Services, Inc. , for the Dump Fee charges imposed by the Board of Supervisors of Riverside County; and WHEREAS future increases in Dump Fee surcharges as a pass-through and annual rate adjustments are contractually required; and WHEREAS such adjustments are ministerial in nature, NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs that: Authority is hereby delegated to the City Manager, or Designee, to approve contractually required increases in collection rates and pass-through adjustments in Dump Fee charges upon receipt by the City Manager of satisfactory evidence supporting such increases and adjustments. ADOPTED this 18th day of September 1985. AYES: Councilmembers Birer, Foster, Smith and Mayor pro tem Maryanov NOES: None ABSENT:Mayor Bogert ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk City Manager REVIEWED & APPROVED X i RESOLUTION NO. 15235 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING NEW WASTE DISPOSAL CHARGES. WHEREAS Agreement #1298 with Waste Disposal Services , Inc. , was entered into by Resolution No. 12141, effective October 1, 1977, upon the terms and conditions and for the consideration therein expressed; and WHEREAS Agreement #1298 has been amended from time to time for the purposes of the establishment of certain services and fees, and for providing reimbursement to Waste Disposal Services, Inc. , for the Dump Fee charges imposed by the Board of Supervisors of Riverside County; and WHEREAS by Resolution No. 13755, Agreement #1298 was amended to provide that rates and charges would be adjusted October 1, 1982, and annually thereafter; and WHEREAS Staff has recommended that an increase in residential and commercial waste disposal fees be approved as contractually required; and WHEREAS in response to public need and demand, a new service is being provided, and Staff recommends approval of the rate for such service; and WHEREAS because of a new State law, it has been necessary to change the method of handling infectious materials , which method requires Waste Disposal Services , Inc. , to subcontract with W. D. Bingham, Inc. , and Staff recommends approval of the rate, as a "pass-through" for such service, NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs that: Section 1. The following additional Dump Fee Surcharge rate shall become effective October 1, 1984: g. Special Services Homeowner Cleanup Bin, customer request, per time; 3 cu. yds. del . on Wed. & picked up on Monday $ 318 Section 2. The following Collection Fee Service Rates shall become effective October 1, 1984: a. Residential Twice— 6leekly - 2 cans (side or backyard) $ 9.80/mo. Each additional can 4.88/mo. b. Bins — T_J cu. yds. (once weekly) $ 32.76/mo. Each additional pickup 5.14 2 cu. yds. (once weekly) 35.17/mo. Each additional pickup 5.61 Resolution No. 15235 Page two 3 cu. yds. (once weekly) 46.12/mo. Each additional pickup 7.49 4 cu. yds. (once weekly) 54.62/mo. Each additional pickup 8.55 c. Transfer Bodies 20 cu. y s. pickup $ 66.46 Daily rental & maint. after 7 days 9.54 20 cu. yds./pickup (covered) 80.30 Daily rental & maint. after 7 days 9.54 30 cu. yds./pickup 93.66 Daily rental & maint. after 7 days 13.31 40 cu. yds./pickup 110.79 Daily rental & maint. after 7 days 15.61 Toolbox Rental 97.72 d. Stationary Compactors cu. yds. , monthly rental $386.68 20 cu. yds. , monthly rental 452.92 30 cu. yds. , monthly rental 557.74 40 cu. yds. , monthly rental 662.55 e. Special Hauls Ea.15 minutes (home refuse) $ 11.48 Ea, additional 15 Minutes 3.46 Appliances/large items (min. ) 26.52 Re-delivery of bins 52.20 f. Hotel Commercial Can Service First nit wit in ea. property $ 9.80/mo. Ea. Additional Unit (within each property, with or with- out kitchens) 2.30/mo. 9. Special Services Special Pickup on Bin First Bin, any size $ 20.39 Additional Bins 11 cu. yds. 5.14 2 cu. yds. 5.61 3 cu. yds. 7.49 4 cu. yds. 8.55 Special bin, 4-da. max. (customer loads) 47.54 Special bin, empty & leave 20.39 Resolution No. 15235 Page three Relocate Bin (customer request) First Bin, any size 20.39 Additional Bins , any size 6.98 Return to pickup when blocked Bin and Drop-off Body 20.39 Bin Rollout (per month) More than 25 feet 33.96 Up or down curb 33.96 Clean Bin (customer request) 48-hour notice First Bin, all sizes 38.78 Additional Bins , all sizes 16.62 Locking Bins (one-time charge) 38.78 Homeowner Cleanup Bin (customer request) , per time 3 cu. yds. del . on Wed. & picked up on Mon. 26.82 Infectious Materials from customer's premises, per pickup Per-pound Fee .20 Per-containers Fee 1 to 5 125.00 6 to 11 150.00 12 to 18 175.00 19 to 26 200.00 27 to 36 225.00 37 or more 250.00 Container Lease Fee, per mo. 5.00 Note: The applied charge is the "per-pound fee" or the "per-container fee" , whichever is greater. ADOPTED this 19th day of September , 1984. AYES: Councilmembers Foster, Maryanov, Smith and Mayor Bogert NOES: None ABSENT: Councilmember Birer A T T• ` CITY OF P LM SPRINGS, CALIFORNIA B, _ it er City Manager REVIEWED & APPROVED RESOLUTION NO. 14717 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING NEW WASTE DISPOSAL CHARGES. WHEREAS , Agreement #1298 with Waste Disposal Services , Inc. , was entered into by Resolution No. 12141 , effective October 1 , 1977 , upon the terms and conditions and for the considerations therein expressed; and WHEREAS, Agreement #1298 was amended, by Resolution No. 12782 , to provide reimbursement to Waste Disposal Services , Inc , for the Dump Fee charges imposed by the Board of Supervisors of Riverside County, effective September 1 , 1978, as contractually required by said agreement; and WHEREAS , by Resolution No. 12957 , certain residential and commercial waste disposal service fees were established, and certain dump fee surcharges for both categories were adjusted, effective April 1 , 1978; and WHEREAS , Agreement #1298 was amended , by Resolution No. 12999, to provide new rubbish disposal fees applicable to certain commercial establishments , and to provide a new rate for a new 112 cubic-yard bin service , effective April 1 , 1979; and WHEREAS, by Resolution No. 13386 , new residential and commercial waste disposal service fees , dump fees , and dump-fee surcharges were established, effective April 1 , 1980; and WHEREAS , by Resolution No, 13754, in accordance with Paragraph "S" of Section "V" of Agreement #1298, new residential and commercial waste disposal service fees were established, effective April 1 , 1981; and WHEREAS , by Resolution No. 13755 , Agreement #1298 was extended to expire September 30, 1987, and amended to delete all reference to "rate of return on investment" for rate-making purposes , and, in lieu thereof, to approve usage of a modified CPI for rate adjustments; and amended to provide for revised holiday pickup schedules and annual cleanup campaigns; and to provide that the rates and charges would be adjusted October 1 , 1982, and annually thereafter; and WHEREAS, by Resolution No. 14377 , new residential and commercial waste disposal service fees and a dump-fee surcharge rate for infectious materials were established, effective October 1 , 1982; and WHEREAS , in view of the 74% increase in dump fees imposed by Riverside Cnunty and the contractual requirements of Agreement #1298 that such increased costs shall be recovered by Waste Disposal Services , Inc. ; and WHEREAS, Staff has recommended that an increase in residential and commercial waste disposal fees be approved, as is contractually required by Agreement 11298; and WHEREAS , in response to public need and demand, new services are being provided , and Staff recommends approval of rates for such services , NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Springs that: Resolution No. 14717 Page two Section 1 . The following Dump Fee Surcharge rates shall become effective October 1 , 1983: a. Residential Twice Weekly - 2 cans (side or backyard) $ .65/mo. Each additional can .32/mo. b. Bins (uncompacted) 11 cu. yds . $ .32/pickup ? cu . yds . .47/pickup 3 cu . yds. .71/pickup 4 cu. yds . .94/pickup c. Transfer Bodies (Drop-off) (uncompacted) 20 cu. yds . $ 10.29/pickup 30 cu. yds . 15.39/pickup 40 cu. yds. 20.57/pickup d. Transfer Bodies (Drop-off) (compacted) 20 cu. yds . $ 20.58/pickup 30 cu. yds. 30.78/pickup 40 cu. yds . 41.14/pickup e. Hard-to-handle $ 2.03/cu.yd. f. Infectious Materials $ 11 .34/pickup Section 2 . The following Collection Fee Service Rates shall become effective October 1 , 1983: a. Residential Twice Weekly - 2 cans (side or backyard) $ 9.48/mo. Each additional can 4.72/mo. b. Bins (uncompacted) 112 cu. yds. (once weekly) $ 31.70/mo. Each additional pickup 4.97 2 cu. yds. (once weekly) 34.03/mo. Each additional pickup 5.43 3 cu. yds . (once weekly) 44.63/mo. Each additional pickup 7.25 4 cu. yds. (once weekly) 52.85/mo. Each additional pickup 8.27 c. Transfer Bodies (Drop-off) (uncompacted) 20 cu. yds . $ 64.31/pickup Daily rental & maint. after 7 da. 9.23 20 cu. yds . , covered 77.70/pickup Daily rental & maint. after 7 da. 9.23 30 cu. vds. $ 90.63/pickup Daily rental & maint. after 7 da. 12.88 Resolution No.14717 Page three 40 cu. yds. $107.21/pickup Daily rental & maint. after 7 da. 15. 11 Toolbox rental 94.56/mo. d. Stationary Compactors 3 cu. yds . $374. 18/mo. 20 cu, yds. 438.28/mo. 30 cu. yds. 539.71/mo. 40 Cu, yds . 641 .14/ino. e. Special Hauls Each 15 minutes $ 11. 11 Each additional 15 minutes 3.35 Appliances/large items (minimum) 25.66 Re-delivery of bins 50.51 f. Hotel Commercial Can Service First unit within each property $ 9.48/mo. Each additional unit within each properly (w/ or w/o kitchens) 2.23/mo. g. Special Services Special Pickup on Bin, all sizes $ 19.73 Additional bins 11 cu. yds . 4.97 2 cu. yds. 5.43 3 cu. yds. 7.25 4 cu. yds . 8.27 Special bin - 4-day maximum (customer loads) 46.00 Special bin - empty & leave 19.73 Relocate bin (customer request) First bin , all sizes 19.73 Additional bins , all sizes 6.75 Return to "pickup" when blocked Bin & Drop-off Body 19.73 Bin Rollout, per bin More than 25 feet 32.86/mo. Up and down curb 32.86/mo. Clean bin (customer request) 48-hour notice First bin, all sizes 37.53 Additional bins , all sizes 16.08 Locking bins (one-time charge) 37.53/ea. Infectious Materials 3 cu. yds. 8. 11/pickup Labor and Spec. Bin Truck 25.66/pickup ADOPTED this 21st day of September 1983. AYES: Councilmembers Doyle, Foster, Maryanov, Smith and Mayor Bogert NOES: None ABSENT: None ATTEST: CITY OF PALMY SPRINGS, CALIFORNIA By City Clerk City Managep� REVIE14ED & APPROVED �CL� _ RESOLUTION NO. 14377 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING NEW WASTE DISPOSAL SERVICE CHARGES. WHEREAS Agreement #1298 with Waste Disposal Services , Inc. was entered into by Resolution No. 12141 , effective October 1 , 1977, upon the terms and conditions and for the considerations therein expressed; and WHEREAS Agreement #1298 was amended, by Resolution No. 12782, to provide reimbursement to Waste Disposal Services , Inc. for the Dump Fee charges imposed by the Board of Supervisors of Riverside County, effective September 1 , 1978, as contractually required by said agree- ment; and WHEREAS, by Resolution No. 12957, certain residential and commercial waste disposal service fees were established, and certain dump fee surcharges for both categories were adjusted, effective April 1 , 1979; and WHEREAS Agreement #1298 was amended, by Resolution No. 12999, to provide new rubbish disposal fees applicable to certain commercial establishments, and to provide a new rate for a new 11 cubic-yard bin service, effective April 1 , 1979; and WHEREAS, by Resolution No. 13386, new residential and commercial waste disposal service fees, dump fees , and dump-fee surcharges were estab- lished, effective April 1 , 1980; and WHEREAS, by Resolution No. 13754, in accordance with Paragraph "S" of Section "V" of Agreement #1298, new residential and commercial waste disposal service fees were established, effective April 1 , 1981 ; and WHEREAS, by Resolution No. 13755, Agreement #1298 was extended to expire September 30, 1987, and amended to delete all reference to "rate of return on investment" for rate-making purposes, and, in lieu there- of, to approve usage of a modified CPI for rate adjustments; and amended to provide for revised holiday pickup schedules and annual cleanup campaigns; and to provide that the rates and charges would be adjusted October 1 , 1982, and annually thereafter; and WHEREAS Staff has recommended that an increase in residential and commercial waste disposal fees be approved, as contractually required by Agreement #1298, and that a new dump fee surcharge rate and a new collection fee service rate be approved for the handling of infectious materials, NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs that: Section 1 . The following Dump Fee Surcharge rates , which were estab- lished by Resolution Nos. 12957 and 12999, shall remain unchanged: a. Residential Twice Wkly - 2 cans (side or backyard) $ .40/mo. Each additional can .20/mo. 1 b 1 • • Resolution No. 14377 Page two 1 b 2 b. Bins (uncompacted) lz cu. yds. $ .20/pickup 2 cu. yds. .29/pickup 3 cu. yds. .44/pickup 4 cu. yds. .58/pickup c. Transfer Bodies (Drop-off) (uncompacted) 20 cu. yds. $ 6.35/pickup 30 cu. yds. 9,50/pickup 40 cu. yds. 12.70/pickup d. Transfer Bodies (Drop-off) (compacted) Compacted loads are double the uncom- pacted rate. e. Hard-to-handle $ 1 ,25/cu. yd. Section 2. The following Dump Fee Surcharge rate is established, effective October 1 , 1982: f. Infectious Materials 3 cu. yd. $ 7.00/pickup Section 3. The following Collection Fee Service Rates are established effective October 1 , 1982: a. Residential Twice Wkly - 2 cans (side or backyard) $ 9.35/mo. Each additional can 4.65/mo. b. Bins 1; cu. yds (once weekly) $ 31.25/mo. Each additional pickup 4.90 2 cu. yds. (once weekly) 33.55/mo. Each additional pickup 5.35 3 cu. yds. (once weekly) 44.00/mo. Each additional pickup 7.15 4 cu. yds. (once weekly) 52. 10/mo. Each additional pickup 8.15 c. Transfer Bodies (Drop-off) 20 cu. yds./pickup $ 63.40 Rental & Maint. after 7 days (daily) 9, 10 30 cu. yds./pickup 89.35 Rental & Maint. after 7 days (daily) 12.70 Resolution No. 14377 Page three 40 cu. yds./pickup $105.70 Rental & Maint. after 7 days (daily) 14.90 d. Stationery, Compactors Mont'Th y Rental 3 cu. yd. $368.90 20 cu. yd. 432.10 30 cu. yd. 532.10 40 cu. yd. 632. 10 e. Special Hauulllss Each—15 minutes $ 10.95 Each additional 15 minutes 3.30 Re-delivery of bins 49.80 f. Hotel Commercial Can Service First unit within each property $ 9.35/mo. Each additional unit within each property (w/ or without kitchens) 2.20/mo. g. SSpecciial�Ser�vices Special Pickup on Bin: First Bin - any size $ 19.45 Additional Bins: 11 cu. yds. 4.90 2 cu. yds. 5.35 3 cu, yds. 7. 15 4 cu, yds. 8.15 Special Bin - 4-day maximum (customer loads) $ 45.35 Special Bin - Empty & Leave $ 19.45 Bin Rollout (per month) Less than 25 feet -0- More than 25 feet $ 32.40 Up or down curb 32.40 Inaccessible Bin - return to empty $ 19.45 Infectious Materials: 3 cu. yds. $ 8.00 Labor & Special Bin Truck 25.30 ADOPTED this 15th day of September_, 1982. AYES: Councilmembers Doyle, Foster, Maryanov, Ortner and Mayor Bogert NOES: None ABSENT: None ATTEST: CITY OF PA -- 'SPRINGS, CALIFORNIA B City Clerk City Manager REVIEWED & APPROVED Waste Disposal Services, Inc. Collection Service for City AMENDMENT �P2-extend terms,etc. AMENDMENT TO AGREEMENT TO PROVIDE AGREEMENT #1299 (orig.5-17-77) R15644, 9-18-85 WASTE DISPOSAL SERVICES WHEREAS the City of Palm Springs (under the authority of Resolution #12141) and Waste Disposal Services, Inc. heretofore entered into Agreement No. 1298 upon the terms and conditions and for the consider- ations therein expressed; and WHEREAS the parties have heretofore amended said agreement, as authorized by Resolutions Nos. 12782, 12957, 12999, 13386 and 13755; and WHEREAS the parties to said agreement mutually desire to further amend said agreement; NOW THEREFORE the parties mutually covenant and agree as follows: Article II, "Term of Contract," on Page 1 of Agreement is amended to hereafter read as follows: II. TERM OF CONTRACT. "The Contractor does hereby covenant and agree to collect, transport and dispose of garbage, rubbish and refuse accumu- lated by the inhabitants of the City in accordance with Chapter 6.04 of the Municipal Code of the City of Palm Springs the laws of the State of California, the Ordinances of the County of Riverside, and the specifications adopted by the City Council of the City of Palm Springs governing the collection, transportation, and disposal of garbage, rubbish and refuse commencing on the first day of October, 1977, to and including the thirtieth day of September, 1992. By mutual consent of both the contractor and the city, and upon terms acceptable to both parties, this Agreement may be extended for additional periods as may be agreed upon. In the event either the city or the contractor does not desire to extend this agreement, it shall so notify the other party in writing at least one hundred and twenty (120) days prior to the end of this agree- ment, or to the end of any extension period as may be applicable." Article III, Paragraph H is amended to hereafter read as follows: III. CONTRACTOR PAYMENTS TO CITY. "In consideration for an exclusive contract, Contractor shall pay to the City ten percent (10%) of gross commercial bin, packer, and drop-off body income earned under this contract exclusive of equipment rental, and five percent (5%) of gross residential income earned under this contract. Payment shall be made to the City by the fifteenth (15th) of every month for the preceding month's receipts. In the event of termination, the balance due for the billing period during which the termination occurs shall be paid within thirty (30) days of the date of any such term- ination. " Article V, Paragraph B, "Renewal Option," on Page 10 of Agreement 1298 is amended to hereafter read as follows: B. "A renewal option is hereby granted for one (1) additional five- year period beginning October 1, 1992 and ending September 30, 1997, upon terms and conditions to be mutually agreed upon by the parties. In the event either party desires to exercise said option, it shall be exercised in writing not earlier than three hundred and sixty five (365) days, not later than two hundred and ten (210) days prior to the effective date of such option. In the event , I Exhibit B Page 1 of 2 agreement between the parties is not reached one hundred fifty (150) days prior to the September 30, 1997 termination date, the City reserves the right to declare this renewal option null and void and of no further force and effect. In such event, the City specifically reserves the right to take whatever steps, in its sole judgment, it deems necessary to assure the continuation of waste disposal services effective October 1, 1992, including, but not limited to, the seeking of proposals from other contractors and/or the evaluation of a return to city-provided services. " Except as specifically herein amended, all other terms, covenants and conditions of Agreement #1298 are hereby ratified and shall remain in full force and effect. This amendment, consisting of two (2) pages is executed in quintuplicate, each of which executed copies shall have the force and effect of an original. ATTEST: CITY OF PALM SPRINGS, CALIFORNIA BY lk� City Clerk City Manager REVIEWED AND APPROVE S V� W4S-T-E IS-P R CES, INC. V BYs APPROVED BY THE CITY COUNCIL by Res 15644, 9-18-85 Exhibit B Page 2 of 2 Page 2 Resolution No. 12957 Page 3 e. Special Hauls Each 15 minutes $ 6.93 Each additional 15 min. 2.08 Redelivery of bins 31 .50 ADOPTED this 18th day of April 1979. _ _ y AYES: Councilmembers Beadling, Doyle, Field, Rose and Mayor Beirich NOES: None ABSENT': None ATTEST CITY OF PALM SPRINGS, CALIFORNIA i BY Deputy City Cler / City Manager REVIEWED & APPROVED 1� r i� Ia9c(9, �°U b 8-h-3 RESOLUTION NO. 13754 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING NEW WASTE DISPOSAL SERVICE CHARGES, WHEREAS by Resolution No. 12141 Agreement #1298 with Waste Disposal Services., Inc,. was entered into effective October 1 , 1977, upon the terms and conditions and for the considerations therein expressed; and WHEREAS by Resolution No. 12782 Agreement #1298 was amended to provide reimbursement to Waste Disposal Services, Inc, for the Dump Fee charges imposed by the Board of Supervisors of Riverside County effective Sep- tember 1 , 1978, as contractually required by said agreement; and WHEREAS by Resolution No. 12957 certain residential and commercial waste disposal service fees were established and certain dump fee sur- charges for both categories were adjusted, effective April 1 , 1979; and WHEREAS by Resolution No. 12999 Agreement #1298 was amended to provide new rubbish disposal fees applicable to certain commercial establishments and to provide a new rate for a new 1, cubic-yard bin service; and WHEREAS by Resolution No. 13386 new residential and commercial waste disposal service fees., dump fees, and dump-fee surcharges were established, effective April 1 , 1980; and WHEREAS Paragraph "S" of Section "V10 of Agreement #1298 provides, among other things, that Waste Disposal Services, Inca shall be entitled to a 12% rate of return on certain fixed assets, and that the nect such rate ad- justment shall be effective April 1 , 1981 ; and WHEREAS Waste Disposal Services, Inc. has filed and Staff has analyzed audited financial statements for the Waste Disposal Services, Inc, contrac- tual year ending September 30, 1980, and has recommended an increase in residential and commercial rates charged customers to provide for the rate of return on certain fixed assets, as provided for in Agreement #1298, NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs that: Section to The following Dump Fee Surcharge rates, which were estab- lished by Resolution Nos. 12957 and 12999, shall remain unchanged: a. Residential Twice Weekly - 2 cans (side or backyard) $ .40/month Each additional can .20/month b. Bins (Uncompacted) lz cu. yds. $ ,20/pickup 2 cu. yds. .29/pickup 3 cu. yds. .44/pickup 4 cu. yds. .58/pickup 14-b-1 14=b-2 Resolution No. 13754 Page two c. Transfer Bodies (Drop-of`f) (Uncompacted) 20 cu. yds, $ 6.35/pickup 30 cu. yds. 9.50/pickup 40 cu, yds, 112.70/pickup d. Compacted Compacted loads are double the uncom- pacted rate. e. Hard-to-handle 1 .25/cuo yd. Section 2. The following Collection Fee, Service Rates are established effective April 1 , 1981 : a. Residential Twice Meekly - 2 cans (side or backyard) $ 8,85/month Each additional can 4.40/month b. Bins lz cu. yds. (once weekly) $ 29.55/month Each additional pickup 4.65 2 cu. yds. (once weekly) 31 .75/month Each additional pickup 5.05 3 Cu. yds. (once weekly) 41 .65/month Each additional pickup 6.75 4 cu. yds. (once weekly) 49.30/month Each additional pickup 7.70 c. Transfer Bodies (Drop-off) 20 cu. yds./pickup $ 60.00 Rental & Maint. after 7 days (daily) 8.60 30 cu. yds./pickup $ 84.55 Rental & Maint. after 7 days (daily) 12.00 40 cu. yds./pickup $100.00 Rental & Maint, after 7 days (daily) 14.10 d. Stationary Compactors Monthly Rental $598.00 e. SEpcial Hauls Each 15 minutes 10.35 Each additional 15 minutes K 15 Redelivery of bins 47.10 40 00 not limited to, the Airport, City Hall , Police Department, Corporation Yard, Wastewater Treatment Plant, Parks, Pa- vilion, Libraries, Senior Center, Leisure Center, Swim Com- plex, Palm Canyon Drive, and Indian Avenue litter receptacles, etc. The collections shall be made at a frequency acceptable to the City; however, Palm Canyon Drive and Indian Avenue litter receptacles shall be serviced, daily, except Sundays and holidays. The City agrees that, in this connection, refuse containers include 1,, 2, 3 or 4 cubic yard bins, but specifically do not include drop-off bodies." Article III, Paragraph "N", "Vehicle Age" , on Page 5 of Agreement #1298 is deleted in its entirety. Article III, Paragraph "W", "Financial and Accounting" , on Page 7 of Agreement #1298, is amended to hereafter read as follows: W. Financial and Accounting. "l . The operations of the Contractor under this Agreement shall be conducted as an independent entity and the assets, liabilities, revenues, expenses, and net worth shall not be combined, consoli- dated, or in any way incorporated with those of any other corpora- tion. 2. The Contractor shall provide the City with a copy of its annual financial statements prepared by a certified public ac- countant or a licensed public accountant no later than January 1 , of each year. Such certified public accountant or licensed public accountant shall be entirely independent of the Contractor and shall have no fiancial interest whatsoever in the business of the Contractor. The Director of Finance, of the City, or his duly authorized representative may specify the form and detail of the financial statements and may inspect the financial records of the Contractor at any reasonable time for any purpose relevant to the performance of the contract provisions. The Contractor shall pro- vide the City, annually, by January 1 following the close of its prior fiscal year a statement of its gross revenues, by source, from all waste disposal operations in Palm Springs. Such statement shall be prepared by a certified public or a licensed public ac- countant." Article V, Paragraph "B" , "Renewal Option", on Page 10 of Agreement #1298, is amended to hereafter read as follows: B. Renewal Option. "A renewal option is hereby granted for one (1 ) additional five- year period beginning October 1 , 1987, and ending September 30, 1992, upon terms and conditions to be mutually agreed upon by the parties. In the event either party desire to exercise said option, it shall be exercised in writing not earlier than Three Hundred and Sixty-five (365) days, nor later than Two Hundred and Ten (210) days prior to the effective date of such option. In the event agreement between the parties is not reached One Hundred and Fifty (150) days prior to the September 30, 1987, termination date, the City reserves the right to declare this renewal option null and void, and of no further force or effect. - 2 - 14-a-27 14-a-28 In such event, the City specifically reserves the right to take whatever steps, in its sole judgment, it deems necessary to assure the continuation of waste disposal services effective October 1 , 1987, including, but not limited to, the seeking of proposals from other contractors and/or the evaluation of a re- turn to City-provided services." Article V, Paragraph "R" , "Fees for Refuse Collection", on Page 15 of Agreement#1298, is amended to hereafter read as follows: R. Fees for Refuse Collection. "I . The maximum charges to be collected by the contractor from its customers, without any liability upon the City for the col- lection of said fees, and without any guarantee by the City as to the number to accept said contractor's services, shall be those fees established, from time to time, by Resolution of the City Council . 2. Bulky Household Items, Unusual Conditions, Special Haul . Bulky household items, that, because of their size or weight (such as furniture, T.V. ' s, appliances, etc.) cannot be collected on regular routes, shall be collected based on charges as shall be agreed upon by the Contractor and the customer, as set out hereunder. For collections requiring special equipment or other- wise not set forth in this Agreement, rates may be charged as shall be agreed upon by the Contractor and the customer. Tree trimmings tied securely in bundles not exceeding two feet (2' ) in diameter and four feet (4') in length or leaves, grass trim- mings, etc. , placed in containers in reasonable amounts and placed on curb will be taken on any regular collection day (no building materials, or dirt) . 3. Late Charge. A late charge not to exceed 1 .5 percent (1 .5%) of the unpaid bal- ance per month, 18 percent (18%) per annum, for accounts in ar- rears more than thirty (30) days. 4. Discontinued Service. Service to commercial establishments may be discontinued for fail- ure to remit payment when due. If containers are removed, service charge of twenty-five dollars ($25.00) per container shall be charged for re-delivery. 5. Holiday Service. Collection of solid waste shall not be required on the following legal holidays: New Years Day Memorial Day Fourth of July Labor Day Thanksgiving Day Christmas Day except in cases of emergency, or as otherwise required by the Director. Whenever a regular collection falls on such a holiday, the collection shall be made on the following working day, and collections throughout the City shall become current within one week, thereafter. In recognition of the impracticality of the contractor bringing his crews back to work on a Saturday following a Friday holiday, the Director may approve an alternate holiday collection schedule, as may be necessary from time to time. The - 3 - contractor shall , on each anniversary of this agreement, sub- mit a schedule of holiday collections for the following twelve- month period for the approval of the Director. 6. Annual Cleanup. The contractor agrees to conduct one annual cleanup for the residents of Palm Springs , at no additional charge for residen- tial customers. The date and method of conducting said cleanup shall be approved by the Director. It is understood that said annual cleanup is limited to normal residential trash, and excludes "bulky" items, as herein defined. It is understood, further, that announcement of such cleanup and publicity sur- rounding the event shall be handled by the City at no expense to the contractor." Article V, Paragraph "S", "Changes in Contractor Compensation" , on Page 16 of Agreement #1298, is amended to hereafter read as follows: S. Changes in Contractor Compensation. "1 . Annual adjustment.; The rates and charges for refuse collection shall be adjusted October 1 , 1982, and annually, thereafter, in accordance with the "transportation" element of the CPI, Los Angeles-Long Beach-Anaheim, All Urban Consumers. The application of this index shall reflect the change in the index for the month of June, 1981 , and the month of June, 1982, and annually, thereafter. The rates and charges adjustment shall be at a factor of 75% of said index change. The approval of such increase shall be evidenced by a Resolution of the City Council . The City Council specifically reserves the right, in considering such rate and charge increase, to offset such rate increase by change in service-level and/or adjustment in franchise fees. 2. Frequency of Adjustment. It is specifically understood and agreed that there shall be no modification in rates in any period of less than twelve months except where modifications to rates are necessitated by changes in disposal- site location or disposal-site fees. In the event of such changes in disposal-site costs, it is specifically agreed by the parties hereto that a review of dump-site rates and contractor remuneration will be undertaken. 3. Delinquent Residential Accounts. The City has determined it to be in the best interest of the health, welfare and safety of the residents of the City to make it mandatory for residents to subscribe for refuse collection, and further, the City has also determined that the Contractor is obligated to continue to provide service to accounts which are not paid. In addition to any other remedies the Contractor might have by reason of this con- tract or ,pursuant to the laws of the State of California, delinquent residential charges, including late charges, shall be recoverable through the tax lien process provided by the Municipal Code. For the purposes of this Agreement, a "delinquent account" shall mean any account which remains unpaid two (2) quarterly billing cycles as of December 31 . All delinquent residential accounts shall be construed as accounts owed the City. The City is hereby obligated to use its best effort to effect collection but has no obligation to collect. Upon the collection of any delinquent accounts, the City shall remit same to the Contractors It is specifically understood and agreed that it is the contractor's obligation to reimburse the City for all out-of-pocket expenses in - 4 - 14-a-29 connection with the placement of the delinquent residential ac- counts on the tax rolls, and to provide all information to be submitted to the County Assessor's Office in, a form acceptable to the County, together with a hard copy of the individual accounts for inclusion in the report to be submitted to the City for its action. It is specifically understood that the City is to be reimbursed for its administrative costs of processing receipts and disbursements as a 'result of funds collected through the tax rolls, said reimbursement amount to be agreed upon be- tween the parties from time to time." A new article numbered VIT and entitled "Extension of Agreement" is added to hereafter read as follows: "VII. EXTENSION OF AGREEMENT In consideration of the grant by the City of the exercise of the option contained in Agreement "1298, thereby extending the Agree- ment to expire September 30, 1987, together with the grant of a new five-year option; the increase in collection fees effective April 1 , 1981 ; and the simplified method .of computing future rate adjustments, all of which are of value to the contractor, the receipt and sufficiency of which consideration_ is hereby acknowl- edged by the contractor, the contractor, for itself, its successors and assigns, hereby waives any and all claim for any monies or arrearages alleged to be owed the contractor by the City under the provisions of former Agreement n58 and the current agreement, Agreement n1298, as of the date of this amended Agreement." Except as specifically herein amended, all other terms, covenants and condi- tions of Agreement #1298 are hereby ratified and shall remain in full force and effect. This Amendment, consisting of five (5) pages, is executed, in quintuplicate each of which executed copies shall have the force and effect of an original . ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By F Deputy City Clerk City MA nager REVIEWED & APPROVED � l Y.LTE - -DJSPOSAL_ SERVICES, INC. B yt � APPROVED BY THE CITY COUNCIL BY RES. NO. f j' Resolution No. 13754 Page 3 Resolution No. Page three f. Hotel Commercial Can Service First unit within each property $ 8.25/month Each additional unit within each property (with or without kitchens) 2.10/month g. Special Services Special Pickup on Bin first bin - any size $ 18.40 additional bins: 1z cum yds. 4.65 2 cu. yds. 5.05 3 cu. yds. 6.75 4 cu. yds, 7.70 Special Bin - 4-day maximum (customer loads) 42.90 Special Bin - Empty & Leave 18.40 Bin Rollout (per month) Less than 25 feet -0- More than 25 feet 30.65/bin Up or down curb 30.65/bin Inaccessible Bin - return to empty 18.40 ADOPTED this 1st day of April s 1981 . AYES: Councilmembers Beirich, Field, Rose & Mayor Doyle NOES: None ABSENT: Councilmember Ortner ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By s/J. Sumich s/Norman R King Deputy City C er,} City Manager REVIEWED & APPROVED ,,"� Cm U 14-b-3 14-a-26 Waste Disposal Services - Amend #1 ext term to '87,etc. AMENDMENT TO AGREEMENT TO PERFORM AGREEMENT #1298 Res 13755, 4-1-81 REFUSE COLLECTION SERVICES WHEREAS the City of Palm Springs (under the authority of Resolution #12141 ) and Waste Disposal Services, Inc, heretofore entered into Agreement #1298 upon the terms and conditions and for the considerations therein expressed; and WHEREAS the parties have heretofore amended said agreement, as authorized by Resolutions #12782, #12957, #12999 and #13386; and WHEREAS the parties to said agreement mutually desire to further amend said agreement, NOW THEREFORE the parties mutually covenant and agree as follows: Article II, "Term of Contract" , on Page 1 of Agreement #1298, is amended to hereafter read as follows: II. TERM OF CONTRACT, "The Contractor does hereby covenant and agree to collect, transport, and dispose of garbage, rubbish, and refuse accumulated by the inhabitants of the City in accordance with Chapter 6.04 of the Municipal Code of the City of Palm Springs, the laws of the State of California, the Ordinances of the County of Riverside, and the specifications adopted by the City Council of the City of Palm Springs governing the collection, transportation, and disposal of garbage, rubbish, and refuse commencing on the First day of October, 1977, to and including the Thirtieth day of September, 1987. By mutual consent of both the Contractor and the City and upon terms acceptable to both parties, this Agreement may be extended for additional periods as may be agreed upon. In the event either the City or the Contractor does not de- sire to extend this Agreement, it shall so notify the other party, in writing, at least One Hundred and Twenty (120) days prior to the end of this Agreement, or to the end of any extension period as may be applicable." Article III, Paragraph "I" , "Collection at City Facilities" , on Page 4 of Agreement #1298, is amended to hereafter read as follows: I. Collection at City Facilities. "The Contractor agrees to provide collection services at no charge for refuse containers on City property including, but 09 RESOLUTION NO. 13755 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING AN AMENDMENT TO AGREEMENT #1298 TO EXTEND THE AGREEMENT THROUGH SEPTEMBER 30, 1987, TO GRANT AN OPTION FOR AN ADDITIONAL FIVE-YEAR PERIOD ENDING SEPTEMBER 30, 1992, TO APPROVE DELETION OF ALL REFERENCE TO RATE OF RETURN ON INVESTMENT FOR RATE-MAKING PURPOSES, TO APPROVE USAGE OF A MODIFIED CPI FOR RATE AD- JUSTMENTS, TO WAIVE ALL CLAIMED PAST CITY OBLIGA- TIONS, TO PROVIDE FOR REVISED HOLIDAY PICKUP SCHEDULES, AND TO PROVIDE FOR ANNUAL CLEANUP CAMPAIGN. WHEREAS the City of Palm Springs, under the authority of Resolution #12141 , entered into Agreement #1298 with Waste Disposal Services, Inc, to provide for the collection and disposal of waste, rubbish and trash within the City of Palm Springs upon the terms and conditions therein expressed; and WHEREAS Staff has recommended that Amendment No. 1 to Agreement #1298 be entered into for the purposes of extending the Agreement through September 30, 1987; granting an option for an additional five-,year period ending September 30, 1992; approving deletion of all reference to rate of return on investment for rate-making purposes, approving usage of a modified CPI for rate adjustments, providing for revised holiday pickup schedules , and providing for annual cleanup campaigns; and WHEREAS the City Council finds that amending said Agreement #1298 is in the best interests of the City of Palm Springs, and promotes the health, safety and welfare of all the residents and visitors to the City by assuring the continuation of a high level of waste, trash and rubbish removal , NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs that Amendment No. 1 to Agreement #1298 is hereby approved. ADOPTED this 1st day of April 1981 . AYES: Councilmembers Beirich, Field, Rose & Mayor Doyle NOES: None ABSENT: Councilmember ortner ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By s/i. Sumich s/Norman R. King Deputy City Clerk City Manager REVIEWED & APPROVED 14-c-1 RESOLUTION NO. 13386 OF THE CITY COUNCIL OF 17HE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING NEW WASTE DISPOSAL SERVICE CHARGES. WHEREAS by Resolution No. 12141 Agreement. 111298 with Waste Disposal ,rvic s , Inc. was entered into effective October 1 , 1977 , upon the Lerms and conditions and for the considerations therein expressed; and WHEREAT, by Resolution No. 12782 Agreement #1298 was amended to provide reimbursement to Waste Disposal Services, Inc. for the Dump Fee charges imposed by .the Board of Supervisors of Riverside County effective Sep- tember I , 1978, as contractually required by said agreement; and "HEREAS by Resolution No. 12957 certain residential and commercial waste disposal service fees were established and certain dump fee sur- charges for both categories were adjusted , effective April 1 , 1979; and WHEREAS by Resolution No. 12999 Agreement #1298 was amended to provide new rt. bbish disposal fees applicable to certain commercial establishments ind to provide a new rate for a new lz cubic-yard bin service; and WHEREAS Paragraph S of Se"tion V of Agreement #1298 provides , among other things, that Waste Disposal Services., Inc. shall be entitled to a 12% •ate of return on certain fixed assets, and that the next such rate ad- justment shall be effective April 1 , 1980; and WHEREAS Waste Disposal Services, Inc. has filed and Staff has analyzed audited financial statements for the Waste Disposal Services, Inc. c:on- cractual year ending September 30, 1979, which analysis reflects that Waste Disposal Services, inc. has a shortfall in revenue for the fiscal year ending September 30, 1979, of $263,800; and PIEREAS Staff has recommended an increase in residential and commercial rates charged customers to provide for the rate of return on certain fixed assets as provided for in Agreement #1298, NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm springs that: Sectioq 1 . The following Dump Fee Surcharge rates, which were established by Resolution Nos. 12957 and 12999, shall remain unchanged: a. Residential Twice Weekly - 2 cans (side or backyard) $ .40/month Each additional can 20/month b. Bins (Uncompacted) llz cu. yds. $ ,20/pickup 2 cu. yds. .29/pickup 3 cu. yds. .44/pickup 4 cu. yds. .58/pickup 2 b 1 ijl . . 2 b 2 Resolution No. 13386 Page two c.- Transfer Bodies (Drop-Off) (Uncompacted) 20 cu. yds. $ 6.35/pickup 30 cu. yds. 9.50/pickup 40 cu. yds. 12 J0/pickup d. Compacted Compacted loads are double the uncompacted rate. e. Hard-to-handle $ 1 .25/cu. vd. Section 2. The following Collection Fee Service rates are established effective April 1 , 1980: a. Residential Twice Weekly - 2 ca,ns (side or backyard) $ 7, 25/month Each additional can 3.6C/month b. Bins 1-2 cu. yds . (once weekly) $ 24.10 ,nonth Each additional pickup 3.80 2 cu. yds. (once weekly) 25.90/month Each additional pickup 4 .10 3 cu. yds. (once weekly) 34 .00/month Each additional ,pickup 6,50 4 cu. yds. (once weekly) 40,25/month Each additional pickup 6.30 c. Transfer Bodies (Drop-Off) 20 cu. yds./pickup $ 4 m00 Rental & Maint. after 7 days (daily) 7.i 30 cu. yds./pickup 69.00 Rental & Maint. after 7 days (daily) 9,s;n Resolutirn Ho. '3386 Page three 40 cu. yds./pickup ickup Y p I $ 81 .65 Rental & Maint. after 7 days (daily) 11 .50 d. Stationary Com actors Monthly Rental 488.00 e. S ecial Hauls Each 15 minutes 8.45 Each additional 15 minutes 2.55 Redelivery of bins 38.45 f. Hotel Commercial Can Service First unit within each property $ 7.25/month Each additional unit within each property (with or without: kitchens) 1 .70/month g. Special Services Special Pickup on Bin 1st bin - any size $ 15.00 Additional bins: 1=z cu. yds. 3.80 2 cu. yds. 4.10 3 cu. yds. 5,50 4 cu. yds. 6.30 Special Bin - 4-day maximum (customer loads) $ 35.00 Special Bin - Empty & Leave $ 15.00 Bin Rollout (per month) Less than 25 feet $ -0- More than 25 feet 25.00/bin Up or down curb 25.00/bin Inaccessible bin - Return to Empty $ 15.00 ADOPTED this 21st day of _ May 1980. AYES: Councilmembers Beirich, Ortner, Rose and Mayor Doyie NOES: None 1'-'3SENT: Counr.ilmember Field ATTEST: CITY Oy PALM SPRINGS, CALIFORNIA Deputy City Clerk� n City Mdiager REVIEWED &. APPROVED �y� l'' a (7� �C i. A 2 b 3 RESOLUTION NO, 12999 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING RESOLUTION NO. 12957 TO PROVIDE FOR A HOTEL WASTE DISPOSAL CAN SERVICE RATE AND NEW DUMP FEE SURCHARGES THERETO, AND TO ESTABLISH A W 11-, CUBIC YARD BIN RATE AND NEW DUMP FEE SURCHARGES THERETO. WHEREAS by Resolution No. 12141 Agreement #1298 with Waste Disposal Services, Inc, was entered into effective October 1 , 1977 , upon the terms and conditions and for the considerations therein expressed; and, WHEREAS by Resolution No. 12782 Agreement #1298 was amended to pro- vide reimbursement to Waste Disposal Services, Inc. for the Dump Fee charges imposed by the Board of Supervisors of Riverside County effective September 1 , 1978, as contractually required by said agree- ment; and WHEREAS Paragraph "S" of Section V of Agreement #1298 provides that Waste Disposal Services, Inc. shall be entitled to a 12% rate of return on certain fixed assets; and WHEREAS Council , by Resolution No. 12957, adopted new Dump Fee Sur- charge rates and new Collection Fee Service Rates effective April 1 , 1979; and WHEREAS Staff has recommended that a new class of Hotel Can Service Rates and associated Dump Fees be established together with a 1z cubic yard bin container Collection Fee Service Rate and associated Dump Fee Surcharge, NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs that: Section 1 . Section 1 , Paragraph "b" , of Resolution No. 12957 is amended by adding thereto: 1z cu. yds. $ .20/pick-up Section 1 is further amended by adding thereto a subsection "f" to read as follows: f. Hotel Commercial Can Service First Unit within each property $ .40/month Each additional unit within each property .10/month Section 2. Section 2, Paragraph "b" , of Resolution No. 12957 is amended by adding thereto: r 12 cu. yds. (once weekly) $19.75/month Each additional pick-up 3.10 12-b-1 12-b-2 Resolution No./ 12999 Page 2 r Section 2 is further amended by adding thereto a subsection "f" to read as follows: f. Hotel Commercial Can Service First unit within each property $ 5.95/month Each additional unit within each property (with or without kitchens 1 .40/month Section 3. The above and foregoing rates shall be effective April 1 , 1979. Section 4. All other rates and charges adopted by Resolution No. 12957 are hereby ratified, and shall remain in full force and effect. ADOPTED this 6th day of June 1979. AYES: Councilmembers Beadling, Doyle, Field, Rose and Mayor Beirich NOES: None ABSENT: None s: ATTEST:_ CITY OF PALM SPRINGS, CALIFORNIA . B14/ ye �,- •- - Deputy City Clerk 1/ City Manag02 er REVIEWED & APPROVED 46 (k) on ll � RESOLUTION NO. 12957 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING NEW WASTE DISPOSAL SERVICE CHARGES AND DUMP FEE SURCHARGES. WHEREAS by Resolution No. 12141 Agreement #1298 with Wasi:e Disposal Services, Inc. was entered into effective October 1 , 1977, upon the terms and conditions and for the considerations therein expressed; and WHEREAS by Resolution No. 12782 Agreement #1298 was amended to pro- vide reimbursement to Waste Disposal Services , Inc. for the Dump Fee charges imposed by the Board of Supervisors of Riverside County effective September 1 , 1978, as contractually required by said agreement; and WHEREAS Paragraph S of Section V of Agreement #1298 provides that Waste Disposal Services , Inc. shall be entitled to a '12% rate of return on certain fixed assets; and WHEREAS Waste Disposal Services, Inc. has filed and Staff has analyzed audited financial statements for the Waste Disposal Services , Inc. con- tractual year ending September 30, 1978, which analysis reflects that Waste Disposal Services, Inc. has a shortfall in revenue for the fiscal year ending September 30, 1978 of $230,292; and WHEREAS Staff has reviewed and has found that the Dump Fee Surcharges authorized by Resolution No. 12782 has resulted in an excess of income from such fees as compared to Dump Fee costs; and WHEREAS Staff has recommended reductions in Dump Fee Surcharges and increases in Collection Fee Service charges in order to provide the con- tractually required 12% rate of return on investment of certain fixed assets, NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs that: Section 1 . The followinq Dump Fee Surcharge rates are established, effective April 1 , 1979. a. Residential Twice Weekly - 2 cans (side or backyard) $ .40/111onth Each additional can .20/month b. Bins (Uncompacted) 2 cu. yds. $ .29/pick-up 3 cu. yds. .44/pick-up 4 cu. yds. .58/pick-up c. Transfer Bodies (Dry-Off Uncompacted ��'`" 20 cu. yds. $ 6.35/pick-up 30 cu. yds. 9.50/pick-up 40 cu. yds. 12.70/pick-up e-b-1 8 b 2 �) > Resolution No. 12957 Page 2 .0 s� d. Compacted ' Compacted loads are double the uncompacted rate. e. Hard-to-handle $ 1 .25/cu. yd. Section 2. The following Collection Fee Service rates are established effective April 1 , 1979: a. Residential Twice Weekly - 2 cans (side or backyard) $ 5.95/month Each Additional Can (side or backyard) 2.95/month b. Bins 2 cu. yds. (once weekly) $ 21 .25/month Each additional pick-up 3.35 3 cu. yds. (once weekly) 27.90/month Each additional pick-up 4.50 4 cu. yds. (once weekly) 33.00/month Each additional pick-up 5.15 c. Transfer Bodies (Drop-off) 20 cu. yds./pick-up $ 40.20 Rental & Maint. after 7 days 5.75 30 cu. yds./pick-up 56.55 Rental & Maint. after 7 days 8.05 40 cu. yds./pick-up 66.95 Rental & Maint. after 7 days • 9.45 d. Stationary Compactors Monthly Rental $400.00 MINUTE ORDER NO. 2742 CONSENTING TO THE TRANSFER OF STOCK 01, WASTE DISPOSAL SERVICES, INC. • 1 HEREBY CERTIFY that this Minute Order consenting to changes in ownership of Waste Disposal Services, Inc. was adopted by the City Council of the City of Palm Springs, California, at a meeting held on the 5th day of December 1979. JUDITH SUMICH Acting City Clerk • • 10 b RESOLUTION NO. 12782 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, GRANTING WASTE DISPOSAL SERVICES, INC. AN INCREASE IN RATES CHARGED FOR THE COLLECTION, TRANSPORTATION AND DISPOSAL OF GARBAGE, RUBBISH, AND REFUSE WITHIN THE CITY OF PALM SPRINGS FOR THE PURPOSE OF OFFSETTING THE COST OF COUNTY IMPOSED DUMP FEES AT THE EDOM HILL LANDFILL SITE BEING USED FOR THE DISPOSAL OF TRASH GENERATED IN PALM SPRINGS. WHEREAS the City entered into Agreement No. 1298 with Waste Disposal Services , Inc. , granting to Waste Disposal Services , Inc. the sole and exclusive right to collect, transport, and dispose of garbage, rubbish, and refuse within the City Limits of the City of Palm Springs; and WHEREAS Agreement No. 1298 provides for rate increases in the event disposal site fees are enacted; and WHEREAS the Board of Supervisors of Riverside County did, on June 13, 1978, impose dump-site fees to be effective September 1 , 1978, NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs that Section V, Paragraph R of Agreement #1298 is amended by adding sub- paragraph 8 to be effective September 1 , 1978, and to read as follows: "8. Dump Fee Surcharges a. Residential Twice Weekly - 2 cans (side or backyard) $ .80/mo. Each additional can .40/mo. b. Bins 2 cu. yds. $ .58/pick-up 3 cu. yds . .87/pick-up 4 cu. yds. 1 .16/pick-up c. Transfer Body 20 cu. yds. $11 .00/pick-up 30 cu. yds. 16.50/pick-up 40 cu. yds. 22.00/pick-up d. Hard-to-handle $1 .35/cu.yd." BE IT FURTHER RESOLVED that the dump fee surcharges authorized above are authorized upon condition that Waste Disposal Services , Inc. shall , on all 5 b 1 ti 5 b 2 Res. No. 12782 Page 2 billings, bill such dump site fees as a separate charge, and shall fully account for dump site fee surcharge income and expense separately. ADOPTED this 4th day of October 1978 AYES: Councilmembers Beadling, Field, Rose and Mayor pro tem Doyle NOES: None ABSENT: Mayor Beirich ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By s/J. Sumich s/Donald A. Blubaugh Deputy City Clerk City Manager REVIEWED & APPROVED s 0 0 CONSENT OF THE CITY OF PALM SPRINGS The City of Palm Springs ('City") , as a party to that certain contract described in the foregoing request for consent to proposed transfer of stock and assignment of contract, hereby consents_ `. to the proposed transfer of stock of Waste and the proposed subsequent assignment of the contract above described, with the Indemnification Agreement, Amendment to Indemnification Agreement and Agreement of Understanding Relative to Certain Assets and Expenses included and made a part of this Consent, which was approved by Resolution No. 12723 of the City Council of the City of Palm Springs. Dated: 1978. CITY OF PALM SPRINGS By ald Blubaugh, ity Ma a er 7__a_ .- 0 AGREEMENT OF UNDERSTANDING RELATIVE TO CERTAIN ASSETS AND E PENSES It is understood and agreed, that for the purposes of extablishing refuse disposal service fees as provided in Agreement To Perform Refuse Service, dated May 17, 1977, between City of Palm Springsand Waste Disposal Service Inc., paragraph S., Chan es In Contractors Com ensation, capitalization and retirement costs o value of City Franchises t Cost, Goodwill At Cost, and Covenants Not To Compete shall be excluded from the value of capital assets. For the purposes of computing the Contractor's Fiscal Year net income, referred to in subject agreement, shall exclude all costs relative to asset values of Franchises At Cost, Goodwill At Cost and Covenants Not To Compete. Further for the purposes of establishi'ng refuse disposal service fees, it is understood and agreed that the net book value of all assets as reflected by the books of account of Waste Disposal Inc. , at the time of sale, shall be the basis for determi'nfng rate of return on capital assets. All other terms and conditions of Paragraph S. of above referenced agree- ment shall remain in effect, E. D. Co., Inc. Edward Burr owner 2 a 8 2 a 9 AMENDMENT TO INDEMNIFICATION AGREEMENT As a condition of the Consent to the transfer of Waste Disposal Services , Inc. stock to PSP Waste Services, Inc. the stockholders of (Waste) Warren Jaycox, Michael Jaycox, Raul Rangel and Robert Dedic do further agree to guarantee to the City complete performance by (PSP) of the terms and conditions of contract number 1298, agreement to perform refuse collection services. DATED: , 1978, WASTE DISPOSAL SERVICES, INC. Byz Warren Jaycox, P�reVide C Warren W. Jaycox Michael Jaycox ----------- Raul Ralngel t, - Robert Dedic 7 - 1 - Al2 REQUEST FOR CONSENT TO PROPOSED TRANSFER OF STOCK AND ASSIGNMENT OF CONTRACT It is contemplated that the stock of Waste Dis- posal Services, Inc . , ( "Waste" ) , a California Corporation, now owned of record by Jaycox Sanitary Services of Anaheim, Inc . , Raul Rangel, Michael Jaycox, and Robert Dedic , will be sold during 1978 to PSP Waste Services, Inc . ("PSP" ) . That certain contract number 1298 dated October 1, 1977 , by and between Waste and the City of Palm Springs ( "City" ) relating to the furnishing of all labor, material and equipment necessary for the collection of garbage within the boundaries of this City requires the City to consent to any transfer of the stock of Waste . After the acquisi- tion of the stock of Waste , PSP contemplates the prompt merger of Waste into PSP with the resulting transfer to PSP of all the assets and liabilities of Waste , including, but not limited to, the contract referred to above . Waste herby formally requests the approval and consent of the City to such transfers . DATED: "9 \`y d C't 1978 . WASTE DISPOSAL SERVICES, INC . Raul Rangel, Vice President ASSUMPTION AGREEMENT Contingent upon the completion of both the pro- posed stock sale described above and the proposed transfer of the contract by Waste to PSP described above , PSP here- by agrees to assume and perform all of Wasters duties, obli- gations , covenants and agreements under that contract and to dpserwe all the conditions and other terms of said con- tr.ac . PSP further, agrees that this assumption agreement is for the benefit of the City of Palm Springs . DATED: , `t \ f Q , 1978 . I PSP WASTE SERVICES, INC . By Edward Burr, President Waste A'Sposal cervices 9nc. 4690 Mesquite Av. Post Office Box 4040 Palm Springs, California 92262 714/327-1351 September 18, 1978 Mr. Edward Colby, Director Transportation & Operations City of Palm Springs Post Office Box 1786 Palm Springs, California 92263 Dear Mr. Colby: Please be advised that Waste Disposal Services, Inc. , has terminated all negotiations for the sale of Waste Disposal stock to PSP Waste Services, Inc. , EDCO Disposal Corporation and Edward Burr. Sincerely, Robert Dedic General Manager RD:iep cc: Edward Burr EaWE SEP 19 1978 DEPARTMENT OF TRANSPORTATION & OPERATIONS INDEMNIFICATION AGREEMENT Waste Disposal Services, Inc . ("Waste" ) , a Cali- fornia Corporation, hereby agrees to indemnify and hold harmless the City of Palm Springs ("City") , its officers _and its employees from any and all liability, including any attorney' s fees expended on behalf of the City, resulting from the negligent operation of Waste in the performance of its work, prior to the transfer of the stock of Waste to PSP Waste Services , Inc . ( "PSP' ) under the contract described in the foregoing request for consent to proposed transfer of stock and assignment of the contract . Recognizing that Waste will cease to exist after the completion of the proposed sale of stock of Waste to PSP and the proposed merger of Waste into PSP, the City further consents to the assumption upon such merger by Warren W. Jaycox , Raul Rangel, Michael Jaycox, and Robert Dedic of all obligations of Waste under the foregoing indemnification agreement upon such merger. DATED: 3 0 1978. WASTE DISPOSAL SERVICES, INC . By Raul Rangel, Vice President r Warren W. Jaycox-'' Raul Rangel F� F pp P^ Michael Jayox j JI I --7 i Robert Dedic v 7 1 A13 -2- RESOLUTION NO. 12723 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONSENTING TO THE SALE BY WASTE DISPOSAL SERVICES, INC. TO PSP WASTE SERVICES, INC. OF ALL ASSETS OF WASTE DISPOSAL SERVICES, INC. , CONSENTING TO THE ASSUMPTION BY PSP WASTE SERVICES, INC. OF ALL OBLIGATIONS OF WASTE DISPOSAL SERVICES, INC. UNDER AGREEMENT #1298, AND ACCEPTING THE INDEMNIFICATION AGREEMENT OF WASTE DISPOSAL SERVICES, INC. AND ITS PRINCIPALS. WHEREAS the City Council of the City of Palm Springs entered into Agreement #1298 with Waste Disposal Services, Inc. effective October 1 , 1977; and WHEREAS Agreement #1298 granted Waste Disposal Services, Inc. the exclusive and sole right to collect, transport, and dispose of garbage, rubbish and refuse ac- cumulated by the inhabitants of the City of Palm Springs ; and WHEREAS Waste Disposal Services, Inc and PSP Waste Services, Inc. jointly request consent to the sale of all assets of Waste Disposal Services, Inc. including all of its right, title, and interest in and to Agreement #1298 to PSP Waste Services, Inc. ; and WHEREAS PSP Waste Services, Inc. has agreed to assume all of the obligations of Waste Disposal Services, Inc. under Agreement #1298; and WHEREAS Waste Disposal Services , Inc. and its principals Jaycox, Range] , Jaycox, and Dedic have agreed to indemnify the City of Palm Springs from and against any and all liabilities as the result of nonperformance of Waste Disposal Services, Inc. or PSP Waste Services, Inc. for the remainder of the term of Agreement #1298, NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs that: Section 1 . Consent is hereby given to the sale by Waste Disposal Services, Inc. of all assets including all of its right, title, and interest in and to Agreement #1298 to PSP Waste Services, Inc. Section 2. That the City Council consents to the assumption by PSP Waste Services, Inc. of all the obligations of Waste Disposal Services , Inc. under Agreement #1298. Section 3. That the City Council of the City of Palm Springs ac- cepts the Indemnification Agreement of Waste Disposal Services, Inc. , corporately, and the Indemnification Agreement, personally, of Warren J. Jaycox, Raul Ran- gel , Michael Jaycox, and Robert Dedic dated July 10, 1978, as amended by Amendment to Indemnification Agreement dated July 24 , 1978. ADOPTED this 25th day of July , 1978. AYES: Councilmembers Beadling, Doyle, Field, Rose & Mayor Beirich NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By s/J. Sumich s/Donald A. Blubaugh _ Deputy City Clerk City Manager REVIEWED & APPROVED �C � ILL.� t1 , 2 b RESOLUTION NO. 12141 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING A CONTRACTUAL AGREEMENT WITH WASTE DISPOSAL SERVICES, INC.. TO PROVIDE EXCLUSIVE COMMERCIAL AND RESI- DENTIAL TRASH COLLECTION WITHIN THE CITY LIMITS OF THE CITY OF PALM SPRINGS FOR THE PERIOD OCTOBER 1 , 1977 THROUGH SEPTEMBER 30, 1982 WITH A BI-LATERAL OPTION FOR FIVE (5) ADDITIONAL YEARS TERMINATING SEPTEMBER 30, 1987. WHEREAS, the City of Palm Springs and Waste Disposal Services, Inc. have heretofore entered into Agreement No. 858 for the provision of exclusive waste disposal services within the City of Palm Springs; and WHEREAS, such agreement terminates September 30, 1977; and WHEREAS, the services heretofore provided by Waste Disposal Services, Inc. have been effective and economic; and WHEREAS, the City of Palm Springs and Waste Disposal Services , Inc. have reached agreement for the continuation of such services for the period beginning October 1 , 1977, and ending September 30, 1982, with a bi-lateral option for an additional five (5) year period ending September 30, 1987; and WHEREAS, the City Council of the City of Palm Springs has determined that such agreement, upon the terms and conditions therein expressed, is in the best interests of the City of Palm Springs and its residents; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs: 1 . That the a new five (5) year agreement between the City of Palm Springs and Waste Disposal Ser- vices, Inc. , together with a bi-lateral five (5) year option is hereby approved and authorized. ADOPTED this 6th day of April , 1977. AYES: Councilmembers Beadling, Doyle, Field, Foster & Mayor Beirich _ NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By s/ J. Sumich s/ Donald A. Blubaugh Deputy City Clerk City Manager REVIEWED AND APPROVED GQ 6 b J AGREEMENT TO PERFORM REFUSE Waste Disposal Services,Inc.- to do Collection Sery for City COLLECTION SERVICES AGREEMENT #1298 (Orig 5-17-77) Res #12141, 4-6-77 to be effective 10-1-77 THIS AGREEMENT made and entered into this n day of A" , 1977, by and between the CITY OF PALM SPRINGS, a municipal corporation of the State of California (hereinafter designated as "City") , and WASTE DISPOSAL SERVICES, INC. , a California corporation (hereinafter designated as "Contractor") : WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree as follows: I . CONTRACT DOCUMENTS. The contract documents consist of Chapter 6.04 as the same exists or may be amended in the future, of the Municipal Code of the City of Palm Springs , this Agreement, the Performance Bond, and all addenda setting forth any modifications or interpretations of any said documents , all of which are on file in the office of the City Clerk of the City of Palm Springs. All of the provisions of said contract documents are hereby incorporated and made a part of this Agreement as though set forth in full herein. II. TERM OF CONTRACT. The Contractor does hereby covenant and agree to collect, transport, and dispose of garbage, rubbish , and refuse accumulated by the inhabitants of the City in accordance with Chapter 6.04 of the Municipal Code of the City of Palm Springs, the laws of the State of California, the Ordinances of the County of Riverside, and the specifications adopted by the City Council of the City of Palm Springs governing the collection, transportation, and disposal of garbage, rubbish, and refuse commencing on the First day of October, 1977, to and including the Thirtieth day of September, 1982. Ry mutual consent of both the Contractor and the City and upon terms acceptable to both parties, this Agreement may be extended for additional periods as may be agreed upon. In the event either the City or the Contractor does - 1 - 6 a � V not desire to extend this Agreement, it shall so notify the other party in writing at least One Hundred and Twenty (120) days prior to the end of this Agreement, or to the end of any extension period as may be applicable. III. OBLIGATIONS OF THE CONTRACTOR. It is understood and agreed that the Contractor shall have the sole obligation and responsibility for performing all matters of every kind and description required to be performed in connection with the collection, transport, and disposal of solid municipal waste and trash generated in the City as herein set forth, except For those matters specifically set forth to be performed by the City. The obligations hereby assumed and agreed to be performed by the Contractor shall include, but not be limited to, the following: A. Financina. The Contractor shall provide all finances and moneys required in connec- tion with this contract and performance thereof, including any moneys required for interim financing, long-term financing, working capital , and all other operating costs of every kind and description whatsoever. B. Personnel and Equipment. The Contractor shall provide all personnel and all machinery and equip- ment of every kind and description whatsoever required for the performance of this contract. C. Liability Insurance. The Contractor shall be responsible for any personal injury to any person and for any damage to property suffered by the public or by any private person that may be sustained through, or on account of, any negligence, failure, or fault of the Contractor, or its agents or servants , in com- plying with and carrying out the terms of this contract, and for any negligence which may occur as a fault of the Contractor. In this regard the Contractor, at its own expense, shall throughout the term of this Agreement and any extension thereof maintain public liability and property damage in the combined single limit of not less than $2,000,000.00. All of such insurance shall be primary insurance and name Lessor as an additional -2 insured. Satisfactory evidence of such insurance in a company acceptable to the City shall be submitted to the City within five (5) days of execu- tion of this agreement. D. Worker' s Compensation Insurance. The Contractor shall obtain Workers ' Compensation Insurance in such amount as will fully comply with the laws of the State of California and which shall protect both the Contractor and the City from any loss, claim, or damage arising from any injuries or occupational diseases happening to any worker employed by the Contractor in the course of carrying out the within contract. Satisfactory evidence of such insurance in an acceptable company shall be submitted to the City within five (5) days after the execution of this contract. The City shall be the sole judge of what evidence is satisfac- tory and which company is acceptable. E. Notice to City, Insurance Coverage. The terms of the insurance policies issued to provide the above insurance coverage shall provide that said insurance cannot be cancelled by the carrier, for non-payment of premiums or otherwise, without thirty (30) days prior written notice of cancellation to the City. F. Performance Bond. The Contractor shall , within five (5) days after the execution of this contract, provide the City with a performance bond in the amount of Fifty Thousand Dollars ($50,000.00) . Payment of such performance bond shall be due and payable to reimburse the City for any losses sustained in the event of default or failure of the Contractor to perform as herein- after set forth. Alternatively, the Contractor may, at his option, post a certificate of deposit payable to the City of Palm Springs in the amount of Fifty Thousand Dollars ($50,000.00) in a bank or savings and loan association approved by the City of Palm Springs. In the event Contractor elects to exercise this option, any interest accruing to the certificate of deposit -3- shall remain the property of the Contractor. G. Primary Responsibility. It shall be the primary responsibility of the Contractor to collect all waste materials of any kind and description whatsoever from within the City of Palm Springs orderly and efficiently with personnel and equipment that are quiet and clean, and in such a manner so as to compliment the City and provide for future expansion to meet the needs of the City. H. Contractor Payments to City. In consideration for an exclusive contract, Contractor shall pay to the City ten percent (10%) of gross commercial bin, packer, and drop- off body income earned under this contract exclusive of equipment rental . Payment shall be made to the City by the fifteenth (15th) of every month for the preceding month's receipts. In the event of termination, the balance due for the billing period during which the termination occurs shall be paid within thirty (30) days of the date of any such termination. I. Collection at City Facilities. The Contractor agrees to provide collection services at no charge for refuse containers on City property including, but not limited to, the Airport, City Hall , Police Department, Corporation Yard, Wastewater Treat- ment Plant, Parks, Pavilion, Libraries , Senior Center, Leisure Center, Swim Complex, Palm Canyon Drive, and Indian Avenue litter receptacles, etc. The collections shall be made at a frequency acceptable to the City; how- ever, Palm Canyon Drive and Indian Avenue litter receptacles shall be serviced daily, except Sundays and holidays. J. Refuse Disposal . The Contractor may use any disposal site which shall be open to use and acceptable to the City. The processing, reuse, or sale of refuse may be undertaken as regulated by this Agreement in accordance with appropriate regulations. K. Availability of Contractor. The Contractor shall continue to maintain locally an office or such other facilities through which he can be contacted„ where service may be applied -4- for, and comp#is can be maue, : i, soa, l tie equipped with sui telephones, shall have a responsible person -in charge during normal busi- ness hours, and shall be open a minimum of five (5) days per week, except holidays. L. Complaints. All service complaints shall be resolved within twenty-four (24) hours. The Contractor shall supply the City with copies of all complaints on a form approved by City and indicate the disposition of each. Such records shall be available for City inspection at all times during normal business hours. The form shall indicate the day and hour on which the complaint was received and the day and the hour on which it was resolved. When a complaint is received on the day preceding a holiday or on a Saturday, it shall be serviced on or before the next working day. M. Vehicles. The Contractor shall provide an adequate number of vehicles and equipment for regular collection services. They shall be kept in good repair, ap- pearance, and in a sanitary condition at all times. Each vehicle shall have clearly visible on each side the name and phone number of the Con- tractor's local office. _ Vehicle color shall be approved by the City. N. Vehicle Age. The Contractor shall replace each vehicle used in the Collection of refuse within the City with a new truck not less than once each six (6) years unless approval of City is received for the continued use thereof. Within twelve (12) months of the effective date of this contract any truck showing a model year registration earlier than January, 1970, shall be replaced with a new truck unless such approval for continued use has been obtained. Each replaced truck shall be removed from service within the City except that the Department of Transportation and Operations may permit any truck to operate on an emergency basis, provided it passes all safety and emission requirements. Contractor shall replace any vehicle, regardless of age, from service within the City when the Department: of Transportation and Operations determines that it does not pass safety and/or emission requirements and is not being kept and maintained in reasonable working condition including but not limited to painting. -5- 0. Vehicle Emissions. During the term of this Agreement the Contractor shall use only those vehicles which comply with the strictest anti-air-pollution standards applicable to the vehicles utilized. P. Recycling. The Contractor shall give full cooperation to the City and all other agencies on the promotion and implementation of recycling programs . Q. Contractor's Facilities. As a part of this Agreement the Contractor shall continue to operate and maintain suitable vehicle and equipment maintenance facilities. Furthermore, the Contractor will cooperate with the City and other waste disposal operators within the Coachella Valley in the future planning and construction of a transfer station or stations whenever such facility becomes viable for efficiencies in the handling of waste or to facilitate recycling programs. R. Uniforms . Contractor's collection personnel shall be uniformed daily in fresh, cleaned, and pressed wearing apparel . Uniforms shall bear the Contractor's name. S. Licenses. Each employee shall , at all times , carry a valid operator's license for the type of vehicle he is driving. T. Compliance with Laws and Regulations. The Contractor hereby agrees to perform the terms of this contract in such a manner so as to comply with all valid, non-discriminatory, and applicable rules, regulations , and ordinances of the City, or any other regulatory body or agency having applicable jurisdiction over operations of Contractor. U. Taxes. The Contractor shall pay all Federal , State, and Local taxes , including sales taxes , social security taxes , etc. , which may be chargeable against the labor, material , equipment, or other items necessary in the performance of this contract. -6- V. Availability of Contractor for Emergencies . The Contractor shall maintain a manned office within the City forty (40) hours a week and at all times shall have a responsible employee subject to call to handle emergency situations upon notification by the City's Department of Transportation and Operations , Police, or Fire Department. W. Financial and Accounting. 1 . The operations of the Contractor under this Agreement shall be conducted as an independent entity and the assets , liabilities , revenues , expenses , and net worth shall not be combined, consolidated, or in any way incorporated with those of any other corporation. 2. The Contractor shall provide the City with a copy of its certified annual financial statements prepared by a certified public accountant or a licensed public accountant, which shall have been prepared in compliance with "Rule 58" of the "Rules and Regulations of the State Board of Accountancy" , as established by the California Administrative Code, Title 16, Chapter 1 , no later than January 1 , of each year. Such certified public accountant or licensed public accountant shall be entirely independent of the Contractor, and shall have no financial interest whatsoever in the business of the Contractor. The Director of Finance of the City or his duly authorized representative may specify the form and detail of the financial statements and may inspect the financial records of the Contractor at any reasonable time for any purpose relevant to the performance of the contract provisions. The Contractor shall provide the City annually by January 1 following the close of its prior fiscal year a certified statement of its gross revenues, by source, from all waste disposal operations in Palm Springs. Such statement shall be certified by a certified public or a licensed public accountant. IV. OBLIGATION OF CITY. The obligations hereby assumed and agreed to be performed by the City shall include but not be limited to the following: A. City shall cooperate in any manner reasonably required to permit -7- 0 i the Contractor to perform per the terms of this contract. B. Durinq the term of this contract, except in instances of breach of this contract, the City will not contract with any other person or firm for the right to collect solid municipal waste, trash, bulky items, or refuse, originating on or from premises in City as defined herein. Nothing contained in this paragraph shall be construed as prohibiting the City from performing removal of trash or demolition debris on City properties itself or from contracting with this or other contractors for such services . V. GENERAL PROVISIONS. It is understood and agreed by the parties hereto that the following general provisions shall apply to each party or both parties as applicable and necessary to assure the effectiveness of this contract. A. Definitions. 1 . City. The term "City" as used herein shall mean: The City of Palm Springs , California, and/or its duly authorized agents or assignees . 2. Contractor. The term "Contractor" as used herein shall mean: Waste Disposal Services , Inc. and/or its duly authorized agents , contractors, vendors, and assignees . 3. Solid municipal Wastes. The term "Solid Municipal Wastes" as used herein shall mean: The usual and customary types of household and commercial garbage, trash, and refuse such as wastes from the preparation and cooking of foods , waste food, waste paper, cloth, containers such as bottles , tin cans, cartons and crates , materials such as wood, plastic, rubber, metal , glass , grass , tree and plant trimmings , and other refuse items customarily deposited by City residences , commercial and industrial establish- ments, homeowners , occupants , contractors , builders and visitors in collection containers or areas for pickup and disposal by themselves or others. The following materials are excluded: a. Wastes consisting primarily of earth and earth materials. b. Liquid wastes. c. Special wastes such as chemicals , oils , or materials of any poisonous , hazardous, or explosive nature. -8- 4. Trash. The term "Trash" as used herein shall mean: Tree stumps , roofing material , plaster, concrete, or other substances that may accumulate as a result of repairs to land or buildings or as a result of initial clearing of lots or as a result of building operations. 5. City (Residences , Commercial and Industrial Establishments) . The term "City" as used herein and associated thereto shall mean: Any and all inhabitants, human or otherwise, that are within the jurisdiction of the City and/or community services provided thereto during the term of this contract. 6. Residences. The term "Residences" as used herein shall mean: Any structure or space provided for or used for the inhabitation or occupancy of people and/or their belongings on a permanent, temporary, or transient basis and shall also include recreational areas. 7. Commercial Establishments. The term "Commercial Establishments" as used herein shall mean: Any organization, private or civic, of any number of persons or objects that provides goods or services to the City or its inhabitants. 8. Industrial Establishments. The term "Industrial Establishments" as used herein shall mean: Any organization, private or civic, of any number of persons or objects that manufactures , assembles , combines, grows , harvests , converts , or refines any substance, liquid, element, material , or energy source of any type. 9. Refuse. The term "Refuse" as used herein shall mean: Solid municipal waste and/or trash. 10. Bulky Items. The term "Bulky Items" as used herein shall mean: Objects of Furniture, household or industrial appliances, shipping crates and containers, or other large, bulky, or heavy objects not normally discarded on regular basis by City residences , commercial , or industrial establishments. 11 . Excess Refuse. The term "Excess Refuse" as used herein shall -9- mean: That quantity of refuse which is set out for collection and is excess to the accumulation capacity of the container(s) in use. 12. Contractor's Fiscal Year. For the purposes of this Agreement it is agreed that the "Contractor's Fiscal Year" is any twelve (12) month period beginning October 1 and ending the following September 30. B. Renewal Option. A renewal option is hereby granted For one (1 ) additional five- (5) year period beginning October 1 , 1982, and ending September 30, 1987, upon terms and conditions to be mutually agreed upon by the parties. In the event either party desires to exercise said option, it shall be exercised in writing not earlier than Three Hundred and Sixty-five (365) days , nor later than Two Hundred and Ten (210) days prior to the ef- fective date of such option. In the event agreement between the parties is not reached One Hundred and Fifty (150) days prior to the September 30, 1982, termination date, the City reserves the right to declare this renewal option null and void, and of no further force or effect. In such event, the City specifically reserves the right to take whatever steps, in their sole judgment, they deem necessary to assure the continu- ation of waste disposal services effective October 1 , 1982, including but not limited to, the seeking of proposals from other contractors and/or the evaluation of a return to City-provided services. C. The Contractor - An Independent Contractor. It is understood and agreed that the Contractor is , and at all times shall be, an independent contractor and nothing contained herein shall be construed as making the Contractor, or any individual whose compensa- tion for services is paid by the Contractor, an agent or employee of the City, or authorizing the Contractor to create or assume any obliga- tion or liability for or on behalf of the City. Further, in connection with any claim for liabilities against the City by reason of any acts of the Contractor, the Contractor agrees to indemnify and hold the City harmless therefrom. -10- D. Force Majeur. Either party to the contract is excused from default of performance because of conditions beyond his control such as war, insurrection, strikes , riots , civil insurrection, Acts of God, and any other cause beyond either parties ' control . E. Exclusiveness of Contract. It is agreed that the Contractor shall have the exclusive right during the term of this contract and all renewals thereof to collect, receive, transport, segregate, recycle, and dispose of any and all refuse and bulky items generated by or within the City or under its jurisdiction, and to charge the fee then in effect for such services. This section shall not be deemed to prohibit any person from disposal of bulky items or landscape debris themselves or through some third party other than the Contractor to the extent permitted by Municipal Code Section 6.04.180 and any other applicable provisions of Chapter 6.04 of the Municipal Code. F. Failure to Perform. If the Contractor fails to collect materials herein specified for a period in excess of five (5) consecutive, scheduled working days or fails to operate the system in a satisfactory manner, in the sole judg- ment of the City, for a similar period, the City may move as follows: 1 . The City shall notify the Contractor by certified mail that the Contractor has failed to perform waste disposal services for a period of five (5) consecutive, scheduled working days, and of the City's intent to take over as hereinafter set out and operate such services using Contractor' s equipment. Said notification shall state the date and time that the City intends to take over. 2. Use and operate same itself until such matter is resolved and the Contractor is again able to carry out his operation under this Agreement. Any and all operating expenses incurred by the City in so doinq shall be paid to City by Contractor as additional remuneration and shall not reduce the franchise fee. -11- During such period, the liability of the City to the Contractor for loss or damage to such equipment so used shall be that of a bailee for hire, ordinary wear and tear being specifically exempt from such liability. The liability of the Contractor to third persons shall cease and all claims or demands arising out of the operation of the collection service shall be directed solely to the City. Provided, however, if the Contractor is unable for any cause to resume performance at the end of thirty (30) calendar days , all liability of the City under this Agreement to the Contractor shall cease and the City shall be free to negotiate with other Contractors for the operation of said collection service. Such operation with another Contractor shall not release the Contractor herein of his liability to the City for such breach of this Agreement. In the event that this contract is so negotiated with a new Contractor or other Contractors , third party liability of the Contractor herein shall terminate insofar as such liability arises from tortious con- duct in operation of the collection service. 3. In case of termination and City operation, the City shall have access to the Contractor' s records for the purpose of billing and shall retain all payments and funds received for the period which the City provides service. G. Sale of By-Products. The Contractor shall be entitled to all revenue generated through its performance under the terms of this contract, including the sale of salvageable materials, all such revenue derived therefrom shall be subject to payment of a franchise fee. (Referred to in III .H. above. ) H. Rights, Remedies , and Benefits of Contract. It is agreed that each and every one of the rights , remedies , and benefits provided by this contract shall be cumulative, and shall not be exclusive of any other of said rights , remedies, and benefits, nor of any other rights, remedies, and benefits allowed by law. -12- I. Waivers. One or more waivers of any covenant, agreement, or condition of default regarding provisions of this contract by either the City or the Contractor shall not be construed as a waiver of a further breach of the same covenant, agreement, condition, or the right of such party thereafter to enforce each and every provision. J. Approval by City. Wherever approval by City is required, it shall mean approval by the Director of Transportation and Operations , or as directed by the City Council . K. Notices Under Contract. Whenever, under this contract, provision is made for notice of any kind, it shall be deemed sufficient notice and service thereof if the said notice is in writing and is deposited in the mail in a pro- perly stamped envelope to be delivered by certified mail , addressed as follows: If to the City: Director of Transportation & Operations PO Box 1786 Palm Springs , CA 92262 If to the Contractor: Waste Disposal Services, Inc. PO Box 4040 Palm Springs , CA 92262 Changes in the respective addresses to which such notices shall be directed may be made from time to time by either party. Notice of any such change in address shall be directed to the other party in writing by certified mail . L. Arbitration. Any controversy or claim between the parties arising out of or relating to this Agreement, or breach thereof, shall be settled by arbitration in accordance with rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrators may be entered in any court having competent jurisdiction thereof. Such controversy or claim shall be submitted to one arbitrator selected from the National Panel of the American Arbitration Association. -13- 1 1 M. Legal Jurisdiction. This contract and the rights of the parties hereunder shall be in- terpreted under the laws of the State of California. '{ N. Paragraph Headings. d The paragraph headings of this contract are not a part of this contract and shall have no effect upon the construction or interpretation of any part of this contract. , 0. Entire Agreement. This contract contains the entire agreement of the parties hereto with respect to matters covered hereby, and no other agreement, statement, or promise made by any party hereto, or agent of such party, which is not contained herein, shall be binding or valid. No purported modi- fication amendment or other change in this contract shall be valid I unless set forth in writing signed by both Contractor and City. f a I P. Subletting Contract. This contract, or any portion thereof, shall not be sublet except with the written consent of the City. No such consent shall be construed as making the City a party to such sub-contract, or subjecting said City to liability of any kind to any sub-contractor. Q. Compensation to Contractor - Persons to be Charged Service Fees - Billing Cycle. 1 . As full compensation to the Contractor for the service per- formed and per the terms of this contract the Contractor shall be entitled to collect the service fees then in effect for all matter collected by the Contractor under the terms of this contract. 2. The Contractor shall have the right to bill appropriate service fees to and collect the same from, any and all regular subscribers, i and also from any and all persons having a duty to subscribe for regular refuse collection services pursuant to Palm Springs Municipal Code Section 6.04.200 or any other applicable law or regulation (whether or not the latter persons have actually made service arrangements) . -14- 3. the Contractor shall have the right, subject to the prior approval (which shall be revocable for good cause) of the Director of Transportation and Operations, to bill and collect in advance for services to residential properties for a period not exceeding three months. Billing and collections for all other services shall be monthly in arrears, provided that the Contractor may bill and collect in advance for such services for a period not more than sixty (60) days when authorized by the Director of Transporta- tion and Operations on the basis of a history of deliquency in payments on the account involved. Nothing in this subsection shall be deemed to modify, waive, or affect the Contractor's obligation to collect refuse from all locations in the City as provided for in Article III. R. Fees for Refuse Collection. The following are the maximum charges to be collected by the Contractor from the customers accepting its services , without any liability upon the City for the collection of said fees , and without any guarantee by the City as to the number to accept said Contractor's services. to wit: 1 . Can Charges. Residential : Twice Meekly Pickup/2 Cans (side or backyard) : $ 4.70/Mo. Each Additional Can (side or backyard) : 2.35/Mo. 2. Bin Charges. 2 cu. yd. (weekly) : $ 16.85/Mo. 3 cu. yd. (weekly) : 22.15/Mo. 4 cu. yd. (weekly) : 26.20/Mo. 2 cu. yd. (additional pickup) : $ 2.65 3 cu. yd. (additional pickup) : 3.55 4 cu. yd. (additional pickup) : 4.10 3. Transfer Body Charges. 20 cu. yd. (per pickup) : $ 31 .90 30 cu. yd. (per pickup) : 44.90 40 cu. yd. (per pickup) : 53.15 20 cu. yd. (rent & maint. after 7 days) : $ 4.55 30 cu. yd. (rent & maint. after 7 days) : 6.40 40 cu. yd. (rent & maint. after 7 days) : 7.50 -15- 4. Stationary Com2actors. Monthly Rental : $317.65/mo. 5. Bulky Household Items , Unusual Conditions, Special Maul . Bulky household items, that., because of their size or weight (such as furniiture, T.V. 's, appliances , etc. ) , cannot be collected on regular routes shall be collected based on charges as shall be agreed upon by the Contractor and the customer, as set out hereunder. For collections requiring special equipment or otherwise not set forth in this Agreement, rates may be charged as shall be agreed upon by the Contractor and the customer. Tree trimmings tied securely in bundles not exceeding two feet (2' ) in diameter and four feet (4' ) in length or leaves, grass trimmings, etc. , placed in containers in reasonable amounts and placed on curb will be taken on any regular collection day (no building materials or dirt) . 6. Late Charge. A late ,charge not to exceed 1 .5 percent (1 .5%) of the unpaid balance per month, 18 percent (1,8%) per annum, for accounts in arrears more than thirty (30) days. 7. Discontinued Service. Service to commercial establishments may be discontinued for failure to remit payment when due. If containers arc removed, service charge of twenty-five dollars ($25.00) per container shall be charged for re-delivery. S. Changes in Contractor Compensation. For the purpose of this Agreement the fees or compensation payable to the Contractor for its fiscal year ended September 30, 1978, and subse- quent years of the term hereof shall be adjusted upward or downward so that Contractor's fiscal year net income earned before the provision for income tax shall result in a twelve percent (12%) rate of return on Contractor's investment. Contractor's investment shall mean the cost of the capital (fixed) assets as reflected on the books of Waste Disposal -16- Services, Inc. , which are exclusively used for Palm Springs operations contemplated by this franchise. To further define and exemplify such capital asset cost, the parties agree that at September 30, 1976, the amount thereof as reflected on Contractor's certified financial state- ments was $1 ,118,280.01 (after exclusion therefrom of $104,325.96 of unproductive land held for sale and $47,824.94 of trucks not used for Palm Springs operations) . For the purposes of computing the Con- tractor's fiscal year net income referred to above, the following pro- visions and adjustments to the income reflected by the Contractor's annual certified financial statements shall apply: 1 . Depreciation shall be reflected on the basis of the following rates applied to the average cost, without reduction by salvage value, if any, of assets in each category owned during each fiscal year of Contractor: a. Trucks and automotive equipment: 16 2/3%. b. Containers and compactors: 12 1/2%. c. Shop and office facilities and equipment: 12 1/2%. d. Building: 4%. e. Improvements to land other than buildings: 6 2/3%. 2. Federal and state income taxes shall be excluded as an allowable expense. 3. All interest expense of whatever nature shall be excluded as an allowable expense. 4. All earned income shall be reported gross by classification, and shall include income derived •From gains on sale of equipment, paper sales, interest income, or other sundry incomes. 5. All bad debts written off shall be charged to the appropriate reserve account. Provision for bad debt expense allowable shall not exceed two percent (2%) of gross billings. 6. Only income and expenses generated or incurred as a result of service provided to Palm Springs accounts are to be used in deter- mining such net income. 7. To redefine profit on the sale of assets, it shall equal the amount of full sale proceeds without any previous cost reductions; however, proceeds from sale of excess land shall be excluded. -17- Adjustments to the fees or compensations due to the Contractor to achieve the twelve percent �12%) rate of return on capital assets mentioned above for its fiscal year ended September 30, 1978, and subsequent fiscal years shall be made effective as of April 1 , 1979, and on each subsequent April 1 , based on certified financial statements for the previous fiscal year ended September 30, provided such statements are received annually by December 31 , following such September 30. In the event such statements are not received by December 31 , any adjustment in fees or compensation to the Contractor hereunder shall be effective no later than the first day of the fourth month after the receipt of such certified financial statements. The City in reviewing such certified financial statements retains the right to question the reasonableness of any allowable expense. (Any question raised by the City with regard to allowable expense shall be evaluated by the City in accordance with prevailing business practices within the waste disposal industry, and shall take ini:o account the past practices of the Contractor. ) The City reserves the exclusive right to select an appropriate method to make such adjustment to fees or compensation 'then due the Contractor. It is specifically agreed, however, that no downward adjustment of such compensation will be made if there exists a deficit in the Contractor's retained earnings account reflected on its certified financial state- ments of such preceding September 30. Further, it is agreed that no two k2) modifications in rates may be made in any period of less than twelve (12) months except where modifications to the rate are necessitated by changes in disposal site location or fees. In such event, it is specifically agreed by the parties hereto that a review of rates and Contractor remuneration will be re-examined at any time that there are changes in disposal site fees. -78- i Any changes to the fees ,set forth under "Paragraph R" for refuse collection within the City of Palm Springs shall be subject to approval by the City. T. Assigns. This Agreement shall not be assignable by the Contractor without the prior written consent of the City, except that Contractor may assign this Agreement to a wholly-owned subsidiary. U. Change of Ownership. The City, in entering this contract, has placed a special value, faith and confidence upon the experience, background, and expertise of the Contractor in the field of waste disposal . Such faith and confidence being a substantial consideration in the granting of this contract, the parties hereto therefore agree that no change of ownership or transfer of stock in the Contractor's business in an amount equal to or greater than twenty-five percent (25%) of such ownership or stock shall take place without the prior written consent of the City. V. Contractor' s Employee Kelations. Amounts of pay, vacation leave, sick leave, holiday leave, fringe benefits , and other employee-related matters applicable to Contractor's employees shall be wholly within the discretion of the Contractor. W. Palm Springs Aerial Tramway. Contractor shall collect the refuse of the Palm Springs Aerial Tramway at the roadside location on State Highway 111 . X. Bankruptcy. If the Contractor shall at any time during the term of this contract become insolvent, or if proceedings in bankruptcy shall be instituted by or against the Contractor, or if the Contractor shall be adjudged bankrupt or insolvent by any court, or if a receiver or trustee in bank- ruptcy or a receiver of any property of the Contractor shall be appointed in any suit or proceeding brought by or against the Contractor, or if the Contractor shall make an assignment for the benefit of creditors , then and in each and every such case, this contract and the rights and - 19- i privileges granted thereby shall immediately cease, determine, and be forfeited, and cancelled without notice and without suit or other pro- ceeding. Y. Invalid Provisions. The parties agree that in the event any covenant, condition, or provision herein contained is held to be invalid by any court of competent juris- diction, the invalidity thereof shall in no way affect any other provi- sion in this Agreement if the provision does not materially prejudice either the Contractor or the City in their respective rights and obliga- tions hereunder. L. Waiver of Performance. The failure of either party to insist in any instance upon a strict performance by the other party of any of the provisions, terms , covenants, reservations, conditions, or stipulations contained in this Agreement shall not be considered a waiver thereof, and the same shall continue and remain in full force and effect. No waiver by the City of any provision, term, covenant, reservation, condition, or stipulation con- tained in this Agreement shall be deemed to have been made in any instance unless expressed in the form of a resolution by the City Council . AA. Warranty. The Contractor warrants that he has not employed any officer or employee of the City of Palm Springs nor offered any gift, gratuity, contingent fee nor any other thing of value to such officer or employee of the City of Palm Springs seeking assistance in obtaining this contract. It is understood and agreed by the parties hereto that the following operational requirements shall apply to each party or both parties as applicable and necessary to the effectiveness of this contract. In the event of conflict between these provisions and those contained in Chapter 6.04 of the Municipal Code of the City of Palm Springs, the more restrictive provisions shall be applicable to the Contractor. The term "refuse" as used herein shall mean solid municipal waste and/or trash as hereinabove defined. -20- A. Collection of Refuse. 1 . Hours of collection shall be at the discretion of the Contractor and subject to the approval of the Director of Transportation and Operations. 2. Hours of collection before 6:00 a.m. or after sunset shall require the approval of the City except in cases of emergency. 3. Refuse shall be collected from containers at location of residence and dwelling whether single family or multiple dwelling unit not less than two �2) times each week. 4. Refuse shall be collected at places of business as often as shall be necessary to maintain a sanitary condition and provide reasonable convenience to such business establishments. 5. All persons, except business establishments who are furnished a container by the Contractor, shall provide water- tight containers of not more than thirty (3U) gallon capacity; each with a tightfitting cover, and in such numbers as to be capable of holding without spilling all refuse ordinarily accumulating between collections. 6. Business establishments shall use containers specified by the Contractor which shall be sized to contain all refuse accumulation of the business for the period between collections as determined applicable for said business establishment and its location by the Director of Transportation and Operations per Municipal Code Section 6.04.145. 7. In the event of storm, riot, fire, or Act of God, the Con- tractor shall be granted reasonable variance from his regular schedule to collect the additional refuse. As soon as practicable after a storm or, disaster Contractor shall advise the City and the public of the estimate of time required before he can resume the regular schedule. -21- B. Refuse shall be collected by Contractor From all locations within the City at the premises of any place or dwelling, resi- dence, or business wherein such refuse has originated. 9. Contractor shall not be required to collect refuse from vacant lots. 10. Refuse may be transferred from the container into tubs , can, hamper, or other containers used by the Contractor in carrying this matter to collection trucks. This shall be done in a sanitary manner, and any matter spilled in transferring shall be picked up by the collector. 11 . Collection of refuse shall be made from the place where containers are located on the property, provided the containers are readily accessible, are at the ground level , or on a platform not more than three feet (3 ' ) above the ground, and are not inside any dwelling, store, office, shelter, or other building. 12. The Contractor shall not be required to collect from house- hold containers of more than thirty (30) gallon capacity or fifty (50) pounds gross weight when filled wholly or partially, or when located more than fifty feet (50' ) from the curb unless Contractor shall have provided the containers. 13. If containers are moved by the Contractor for his convenience, they shall be returned to their original location by Contractor within a reasonable time. 14. If refuse is set out ahead of the scheduled collection time, it shall be in covered containers. 15. Space about the containers shall be left free from any refuse spilled during the collection. The Contractor shall not be responsible for cleaning up unsanitary conditons about the refuse containers caused by carelessness of the occupant. 16. Care shall be taken by Contractor's employees to prevent damage to containers by unnecessarily rough treatment. 17. Employees of the Contractor shall not be required to expose themselves to the danger of being bitten by vicious dogs in order to accomplish refuse collection in any case where the occupants have such an animal at the premises. 18. Residential refuse will be collected from side, backdoor, carport, or other area as reasonably determined by the Contractor to be "a suitable place readily accessible" per Municipal Code Section 6.04.020. 19. Refuse to be collected by Contractor shall be placed in containers of the size specified and in the quantity required. 20. Regular residential and dwelling unit refuse that is in excess of the subscribed capacity and quantity of containers shall be taken to the curb by the subscriber and shall be picked up by Contractor on regular residential collection days. Excess residential and dwelling unit refuse that is composed of items such as tree trimmings tied securely in bundles not exceeding two feet (2 ' ) in diameter and four feet (4' ) in length, and leaves , plant, vine, or grass cuttings placed in containers in reasonable amounts and placed on the curb on regular collection days shall be picked up by the Contractor on such regular resi- dential collection days. Contractor shall remove such excess (other than bulky items as describedin "Subparagraph 22" , hereof) at no additional fee, provided the owner or occupant of such residential and/or dwelling unit subscribes to a minimum of two (2) cans or more service. 21 . Refuse collections shall be made with as little noise and as little disturbance to the householder or business place as pos- sible, and without creating a nuisance. Containers and receptacles shall be carefully handled by the Contractor and shall be tho- roughly emptied and left at the premises where they are found. 22. The collection of bulky items such as discarded furniture, appliances , packaging crates and containers shall be accomplished as a special haul and shall be charged for by the Contractor at fees to be agreed upon by the Contractor and the customer. -23- 23. the collection of trash shall be accomplished by Con- tractor by using containers such as drop boxes or bins at the reasonable discretion of the Contractor in accordance with the needs of the business , construction contractor, or other person generating the trash. 24. The Contractor shall be free to establish such refuse collection routes as will contribute to maximum efficiency of operation, subject„ however, to any rules and regulations pro- mulgated per Municipal Code Section 6.04.230. 25. The Contractor shall do every reasonable act to provide a service of high quality and keep the number of legitimate complaints to a minimum. 26. Tree limbs less than two inches (2")in diameter and plant and vine cuttings will be picked up by Contractor as solid muni- cipal waste when they are placed in collection container and are less than four feet (4' ) in length, and placed for collection per the above "Subparagraph 20" of this article and paragraph. 27. Tree limbs, plant and vine cuttings of larger dimension ,than hereinabove specified shall be picked up as a special haul and shall be charged for at fees to be agreed to by Contractor and customer. 28. Except in cases where a health hazard may exist, the Contractor shall not be required to provide more than once a week collection of special items or bulky items , unless the quantity of such items cannot be collected within five (5) working days of Contractor's receipt of request for collection by residence or business establish- ment. 29. Contractor shall collect trash such as construction and repair project debris as required to meet the needs of said project. B. Disposal of Collected Refuse. The Contractor shall transport and deposit for final disposal all items of refuse collected from the City at the Edom Hill landfill or other -24- designated area provided by the City except those materials which may be from time to time selected and separated for recycling or salvage. C. Equipment. 1 . The Contractor shall provide sufficient collection equipment to maintain a regular schedule of collection. 2. Collection equipment shall be maintained in reasonable working condition, and painted uniformly. 3. Contractor's vehicle collection bodies shall be washed tho- roughly on the inside daily and sanitized with a suitable disin- fectant at least weekly. All Contractor's vehicles shall be washed on the outside at least weekly. 4. Contractor shall maintain in good repair all containers furnished to business establishments. 5. All business establishments shall be required to use the container reasonably specified by the Contractor and to pay the rental fee then in effect for the use of such container, which fee shall include an allowance for container maintenance, depreciation, and container cleaning and painting service plus the fee then in effect for collection service as herein provided. Disagreements arising under this provision are subject to the dispute procedure of Municipal Code Section 6.04.232. 6. Residences and dwelling units who furnish their own thirty (30) gallon containers shall be responsible for their maintenance, clean- liness, and replacement. Rigid free-standing containers must be watertight and free from leakage, have two handles in good working order, and be equipped with a lid of proper size and maintained in a clean condition. 7. Contractor and business establishment shall be responsible as herein provided for furnishing refuse accumulation containers in the size and quantity required to contain in the proper manner with lid closed, all of the refuse generated between collection periods. -25- STATE OF CALIFORNIA m COUNTY OF ORANGE - —�ss.o — o On u o said State, RAUL before me, the undersigned, a Notary personally appeared—nAnlG L y Public in and far = known fo me to be the _�—Presdent, and ROBERT W, KUZN I K m` known to me to be the E Secretary of the co, Q and known to me to be the porafion that executed persons who executed the the within instrument, LL instrument on behalf of the corporation therein named, andltac- o instrument pursuant to knowled g me that such corporation executed the within y o its by-laws or a resolution Vdirectors. of Its board of T WITNESS MY hand and official seal. see _a OPPICIq.L SEAL E L- MARY A p�� KAMEY LL Signature Q L ~ao NOTARY P'9�i1 ... CALIFORNIA f ORANGE COUNTY MARY A. MC KAMEY My comic. expires SEP 10, 1983 Name(Typed or Printed) (This area for oRcral notarial seal) STATE OF CALIFORNIA m COUNTY un�6jggiverside � i= On before me,the undersigned,a Notary Public in and for m said State,personally appeared *Raymond Wade*********************** *ie*:F**ie:F:F 9r sF•k********:F****9e:F:F* —and alF personally known to me(or proved to me on the m basis of satisfactory evidence)to be the persons who executed the within instrument as _Vie e—PreS ldent LL E _ Jo President and Secretary,on behalf ofWaste Disposal y0 Services , Inc. *************** {d U R the corporation therein named,and acknowledged to me that such corporation executed thewither instrument pursuant to its I by-laws or a resolution of its board of directors. �krTk T=F'.�i;' pflItUDA C t DEQ? 'k WITNESS my hand and official seal. :�`��_ti, rVOT.�IVERSpE cotiL4`GI u�JSC" r.; NN Rh'41 yCom ' m.BGpires the 11,1992 Signature (This area for official notarial seal) STATE OF CALIFORNIA, I I ss. IF COUNTY OF— RIVERSIDE ' NN MARCH 23 _ 19 77 before me, the undersigned, a Notary Public in and for the said State, personall; appeared _ known to me to be the President, and ROBERT DEDIC known to me to be the WASTE eDIS 99 DISPOSAL SERVICES, INC. OFFICIALSEAL the Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument, on behalf of the Corporation herein named, and acknowledged E i50E EL PahLS to me that such Corporation executed the within Instrument pursuant to ifs by-laws or a NO7ARYPI-OFFICALIF, resolution of its board of directors. PRIPICIPAL OFFICEINRIVET^,BIDE COUNTYWITNESS my hand and official seal. SION EXPIRES Nov.7,t9n � I vy Netary Public In and for said State. i ACKNOWLEDGMENT—Corp.—Pres. &Sec. Walcotts Form 72C,—Rev.3-G4 D. Quality of Service. 1 . The direction and supervision of the refuse collection and disposal operation, including all subcontractors , foremen, and workers employed by Contractor shall be competent, qualified, and sober personnel , to insure performance satisfactory to the City and to serve the public in a courteous , helpful , and impartial manner. 2. The Contractor shall furnish the City, through its Director of Transportation and Operations, with every reasonable oppor- tunity for ascertaining whether or not the work is performed in accordance with the requirements of this contract. 3. The Contractor shall designate the person to serve as agent and liaison between his organization and the City. 4. The City, through its Director of Transportation and Uperations , may inspect the Contractor' s operations and equipment at any reasonable time, and the Contractor agrees to admit him to make such inspections. V.I. This Agreement, consisting of twenty-six (L6) pages, is executed in triplicate, each of which executed copies shall have the force and effect of an original . ATTEST: CITY OF PALM SPRINGS, CALIFORNIA DONALD A. BLUBAUGH City Clerk 7 &—Deputy �/f.R City Clerk C y vid ricd ger <' APPROVED AS TO FORM:y� r� WASTE DISPPOSAL SERVICES, INC. • C By geC'I%I 62zl�.e ity Attorney Secretary Date: 9--.--T-77 Attest: CONTENTS APPROVED: ED1 RD L. COLBY, DIE JOHN BYRNE, Auditor alyst Transportation & Op atiohs Finance Department Date: 3 �; S— 7"7 Dater". i�, Insurance Comb y of North America CIGNA Insurance Co#;1y NOTICE of Aetna Insurance Company Indemnity Insurance Company of North America CANCELLATION/ Aetna Insurance Company of the tv1ldwest INA Insurance Company of Illinois CA REINSTATEMENT Atlantic Insurance Company INA Insurance Company of Ohio Atlantic Employers Insurance Company Aetna Fire Underwriters Insurance Company Century Indemnity Company Pacific Employers Insurance Company CIGNA companies TO: INSUREDIOBLIGEE J CITY OF PALM SPRINGS DATE 8/15/85 CITY CLERK PO BOX 1786 PALM SPRINGS , CA 92262 J J 9 We hereby cancel our Bond or Policy No. M 14 65 68 issued to WASTE DISPOSAL SERVICE INC. on OCTOBER 1 , , 19 73 , in accordance with the terms and conditions of the Bond or Policy You will, therefore, please take notice that as of 12:01 a.m., Standard Time, on the 1ST day of OCTOBER 19 $- ,the said Bond or Policy will terminate and cease to be in force, unless sooner terminated by you. ❑ We hereby reinstate our Bond or Policy No. issued to Such reinstatement to be effective 1 9 PRINCIPAL J WASTE DISPOSAL SERVICE INC. ❑ INSURANCE COMPANY OF NORTH AMERICA PO BOX4040 PALM SPRINGS, CA 92262 ❑ AETNA INSURANCE COMPANY LL J XX PACIFIC EMPLOYERS INSURANCE CO. PRODUCER THE RULE COMPANY 115 N. EL MOLINO AVENUE 9 h PASADENA CA 91101 BYE//�/ �G 7. pJ� �r.r, >L��.:�j'�� a V Al [ORNEKIN-FACT FRED B . ROBERTSON J J rk BF-4P01a 1-85 Edition Pld nUSA DECREASE ENDORSEMENT TO BE ATTACHED to and form a part of Performance Bond No. R-M 146,568 issued by PACIFIC EMPLOYERS INSURANCE COMPANY on behalf of WASTE DISPOSAL SERVICE, INC. in favor of CITY OF PALM SPRINGS dated October 1, 1972 In consideration of a reduced premium it is understood and agreed that effective the 1st day of October 1977 the penal sum thereof shall be and the same is hereby decreased from TWO HUNDRED FIFTY THOUSAND & NO1100THS — — — - ($250,000.00 ) Dollars to FIFTY THOUSAND & NO/100THS — — -- — — — — — — ($50,000.00 Dollars. PROVIDED, however, that: The liability of the surety for losses sustained during the periods during which this bond shall have been in the two amounts mentioned, shall not be cumulative and shall in no event exceed the first mentioned amount. The attached bond shall be subject to all its agreements, limitations and conditions except as herein expressly modified. SIGNED, SEALED AND DATED this 18th day of July 1977 CE COMPANY p ingersa . �� L��( —? a(n - ,.J� �.�o—o J�-00_a..,�-�tiG_Q,.fofney-in-fact. �i c--�— C�p — dam- PEB-171 r Oond No. FB 009345 Premium: $750.00 FAIRMONT INSURANCE COMPANY PERFORMANCE BOND CALIFORNIA PUBLIC WORK KNOW ALL MEN BY THESE PRESENTS, That we, WASTE DISPOSAL SERVICE, INC. as Principal, and FAIRMONT INSURANCE COMPANY _ aCorporation organized and existing under the laws of the State of Cal ifornia and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto_ CITY OF PALM SPRING (hereinafter called the Obligee), Inthesum of FIFTY THOUSAND AND NO/100------------------------------------------------ ------------------------------------------ ------------------- Dollars ($ 50 00.00 ), for the payment whereof well and truly to be made and we each of us bind ourselves, our heirs, executors, ad- ministrators, successors and assigns, jointly and severally, firmly by these presents THE CONDITION of the above obligation is such that, Whereas, the above named bounded principal entered into a contract dated OCTOBER 1 19-8-5--with the said Obligee to do and perform the following work, to wit: Collection & Disposal of Garbage State of California County of Los Angeles SS On this 16th day of September In the year 19 85 before me personally appeared F.'e�,fi 1C,'2t':7{�>t"�"�J"'xmo'n'n, Attorneyin-Fact personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the Attorney-in-Fact of-Fairmont Insurance company , and acknowledged to me that he subscribed the name of the said company thereto as surety, and his own name as Attorney-in-Fact. t, r„r IC— r'z ` L,o fI1 J' Po (Notary Public) __ _ S-318 (10 83) i'.-�`'s(a r F�MONT IN COMI NY 1 Burbank, Callfornla POWER OF ATTORNEY KNOW ALL MIEN BY THESE PRESENTS: That FAIRMONT INSURANCE COMPANY, a California Corporation, does hereby make, constitute and appoint D. DONOVAN GOETZ as its true lawful Attorney(s)-in-Fact, with full power and authority,for and on behalf of the Company as surety,to execute and deliver and affix the seal of the Company thereto,if a seal is required,bonds,undertakings,recognizances,consents of surety or other written obligations in the nature therof, as folios: Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof, and to bind FAIRMONT INSURANCE COMPANY thereby, and all of the acts of said Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following Bylaws of the Company, which Bylaws are now in full force and effect: ARTICLE IV, Section 13. ATTORNEYS-IN-FACT AND AGENTS. The chairman of the board, the president, the vice president, the c ie manta officer,or the secretary o t e corporation may appoint attomeys-in-fact or agents with power _ and authority, as defined or limited in their respective powers of attorney, for and on behalf of the corporation to execute and deliver, and affix the seal of the Corporation thereto, bonds, unrtakings, recognizances, consents of surety or other written obligations in the nature thereof and any of said oficers may remove any such attorney-m-fact or agent and revoke the power and authority given to him or her ARTICLE IV, Section 14 AUTHORITY TO BIND. Any bond, undertaking, recognizance, consent of surety or written obligation in tE-e--na—tu-r-e-tTFer-e-o-f-sR-aU-5e-%,-aTi-d-and binding upon the corporation when signed by the chairman of the board, the president, the vice president, the chief financial officer, or the secretary of the corporation and duly attested and sealed, if a seal is required, by the secretary or assistant secretary,or shall be valid and binding upon the corporation when duly executed and sealed, if a seal is required, by a duly authorized attorney-in-fact or agent, pursuant to and within the limits of the authority granted by his or her power of attorney This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolu- tion adopted by the Board of Directors of FAIRMONT INSURANCE COMPANY at a meeting duly called and held on the 4rd day of October, 1983: RESOLVED that the signature of any officer authorized by the Bvlaws, and the seal of the corporation, may be affixed by facsimile to any Power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance consent of surety or other written obligation in the nature thereof; such signature and seal,when so used,hem hereby adopted by the corporation as the original signature of such officer and the original seal of the corporation,to be valid and binding upon the corporation with the same force and effect as though manually affixed. IN WITNESS WHEREOF, FAIRMONT INSURANCE COMPANY has caused these presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 22nd day of March of 1985 ?+��a:" ••Cass FAIRMONT INSURANCE COMPANY ,�O s a• ARR. IO env'= By �'y,• If- l`^vo` Sigmiure Henry F. Wright, Vip� Preside ,'inn list" Primed m U 5 A State of California ss. County of Los Angeles Henry F. Wright personally known to me, was by me duly sworn, and did depose and say: that he/she resides in the State of California; that he/she is the duly elected vice President of FAIRMONT INSURANCE COMPANY, the corporation described in and which executed the above instru- ment; that helshe knows the seal of said corporation; that the seal affixed to said instrument is such cor- porate seal; that it was so affixed by authority of his/her office under the Bylaws of said corporation, and that he/she signed his/her name thereto by like authority. Subscribed and sworn to me this 22nd day of March 1985 -- _ _ OFFICIAL SEAL �/1Q/i HARRIET LAMBE:LL t NOTARY PUOLIC-CALIFOKNIA Notary Public in and PRINCIPAL OFFICE IN for said County and State. t.1 LOSANGELESC0UN Y My C'ummissim Expires Apr.27,1988 CERTIFICATION l Trade A. Tsu-jimto , the Assistant Secretary of FAIRMONT INSURANCE COMPANY, certify that the foregoing power of attorney and the above quoted Sections 13. and 14. of Article IV of the Bylaws have not been abridged or revoked and are now in full force and effect. Signed and Sealed at Burbank, California, this 16th day of September 19 85 ��P1144P4r� Ti e: Assistant tart' �S �i APR. 10 j�v= ati47f5 }/i �L+tia...aHCCa L Criginated by: Date of Origin: Surety Manager 7' F 1 1 ISSUE DATE(MM/DD/YY) t ACC ' .�[ � 61J-.P ,AJI ��, � 1 + T' -N✓. sr % `. PRODUCER �7�}LL THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. �l THE RULE COMPANY, 0 P.O. BOX 7072 COMPANIES AFFORDING COVERAGE PASADENA, CA 91107 *� TEL: (818) 795-9000 COMPAINY LETTER PLANET INSURANCE COMPANY LETTERCOMPANY B INSUREDAETNA CASUALTY & SURETY CO. ,' WASTE DISPOSAL SERVICES, et al °LETERNY C ASSOCIATED INTERNATIONAL P.O. BOX 4040 ( "PALM SPRINGS, CA 92262 CLEITERNY FIREMANS FUND COMPANY E LETTER FAIRMONT INSURANCE CO. ,. THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. - NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY !! 'I BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI- TIONS OF SUCH POLICIES. a.y CO POLICY EFFECTNE POLICY EXPIRATION LIABILITY LIMITS IN THOUSANDS LTR TYPE OF INSURANCE POLICY NUMBER DATE(MMNDNY) DATE(MMIDONYI EACH AGGREGATE 'g'. OCCURREN E GENERAL LIABILITY BODILY - X COMPREHENSIVE FORM KL 5973195 4-18-85 4-18-86 INJURY $ $ PREMISES/OPERATIONS PROPERTY UNDERGROUND DAMAGE $ $ F+r^ EXPLOSION 6 COLLAPSE HAZARD M PRODUCTS/COMPLETED OPERATIONS _f CONTRACTUAL COMBINED $ 500, $ SOOT INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY PERSONAL INJURY $ 500, AUTOMOBILE LIABILITY �Y - b ANY AUTO 83FJ568261CCA 3-11-85 3-11-86 (PER PORSK x4 ALL OWNED AUTOS(PRIV.PASS.) ODDLYmy ALL OWNED AUTOS(OTHE THAAN) IKR ACCIDENT) $ c... HIRED AUTOS PROPERTY NON-OWNED AUTOS DAMAGE $ GARAGE LIABILITY - SI a PO COMBINED $ 500, EXCESS LIABILITY c UMBRELLA FORM UL 110355 _ 3-11-85 3-11-86 GOMBNED $ 5,00 OTHER THAN UMBRELLA FORM STATUTORY WORKERS'COMPENSATION ACCIDENT) E AND F16203 12-1-84 12-1-85 $ * EACH EMPLOYERS'L,IABILTTY *$100,000 LIMIT * (DISEASE�OL CY LIM11n $ * (DISEASE-EACH EMPLOYEE) OTHER 4D UMBRELLA FORM XIX 1734904 3-11-85 3-11-86 OF $5 ,000,0 000,000,000,0 ,0 EXCESS OF 00 DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESISPECIAL ITEMS THE CITY OF PALM SPRINGS IS ADDED AS AN ADDITIONAL INSURED BUT ONLY AS 'a RESPECTS THE OPERATIONS OF THE NAMED INSURED. CITY OF PALM SPRINGS /7 4fi .* SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- ,c' PIR TIOM PATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO T C I TY CLERK _ a ►►F1�� y - DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE P.O. BOX N G S, � '- r y "�kT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 1. ® OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. PALM SPRINGS, CA 92263 ciry �9 AUTHORIZED REPRESENTATIVE GL 20 10 hAFo (Ed. 01 73) This endorsement forms a part of the policy to which attached,effective on the inception date of the policy unless otherwise stated herein. (The following information is required only when this endorsement is issued subsequent to preparation of policy.) Endorsement effective 3-11-87 Policy No KL0484230 moor ement No WASTE DISPOSAL SERVICES, etal KB0484529 A ' Named Insured 7CU10014 Countersigned by (Authorized Representative) This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following: COMPREHENSIVE GENERAL LIABILITY INSURANCE MANUFACTURERS AND CONTRACTORS LIABILITY INSURANCE CITY OF PALM SPRINGS ADDITIONAL INSURED AS RESPECTS TO RUBBISH CITY CLERK (Owners or Lessees) HAULING P.O. BOX 1786 PALM SPRINGS, CA 92263 It Is agreed that 1. The "Persons Insured" provision is amended to include as an insured the person or organization named below but only with respect to liability arising out of operations performed for such insured by or on behalf of the named insured. 2 The applicable limit of the company's liability for the insurance afforded under the Contractual Liability Insurance Coverage Part forming a part of this policy shall be reduced by any amount paid as damages under this endorsement on behalf of the person or organization named below, Name of Person or Organization (Additional Insured) GL 20 10 01 73 FAIRMOIR' INSURANCE C( . IPANY Burbank, .California z IVERK) Ca 61887 SURETY RIDER NO. I f°@TV r"l I=R'K To be attached to and form a part of Bond No, FB 9345 executed by as Principal and by FAIRMONT INSURANCE COMPANY, as Surety, in favor of CITY OF PALM SPRINGS and effec- tive as of JULY 2 1997 In consideration of the mutual agreements herein contained the Principal and the Surety hereby consent to changing the expiration date of the bond. FROM: 9/30/87 5� TO: 9/30/88 Y �, i" Nothing herein contained shall vary, alter or extend any provision or condition of LLthis bond except as herein ex- pressly stated. This rider is effective on the ?Nil_ day of JULY 1987 WASTE DTSPO$ SERVI INC. ij Princ al By Accepted: FAIRMONT INSURANCE COMPANY By —D, ,f 6s — 9" D. DONOVAN GOETZ A orney -Foci 5-315(10-83) -