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HomeMy WebLinkAbout03082 - PS DISPOSAL WASTE PS Disposal Services Solid Waste Services AGREEMENT #3082 Amend 6 MO7200, 11-26-02 SIXTH AMENDMENT TO AGREEMENT NO. 3082 FOR SOLID WASTE SERVICES This Sixth Amendment ("Sixth Amendment") To Agreement No. 3082, For Solid Waste Management Services Between The City of Palm Springs and Palm Springs Disposal Services ("Agreement") approved March 18, 1992, is made and entered into as of Nov. 26, 2002 ("Effective Date"), by and between the CITY OF PALM SPRINGS, a municipal corporation organized under the laws of the State of California ("City"), and PALM SPRINGS DISPOSAL SERVICES, a California corporation ("Contractor"). RECITALS: A. On March 18, 1992, the parties entered into this Agreement for the provision of solid waste management services by Contractor to residents, businesses and City facilities in the City of Palm Springs, along with Amendment Nos. 1 and 2 dated June 7, 1993, Amendment No. 3 dated July 1, 1996 and Amendment No. 4 dated December 5, 1998 Amendment No. 5 was approved on May 6, 2002, B. Amendment No. 5 extended the term of the franchise agreement from September 30, 2002 through December 31, 2002, C. On July 24, 2002, the City Council directed staff to commence negotiations with Palm Springs Disposal Services for the purpose of preparing a franchise agreement for the provision of municipal solid waste collection, disposal and recycling services within the City's incorporated boundaries. D. City staff has met with representatives from Palm Springs Disposal Services to draft a new franchise agreement. Although significant progress has been made on this document, a number of key issues, including the contractor's service rates and the length of the franchise term, have not been resolved. City staff believes that it is unlikely a resolution on these issues will be reached before the current franchise term expires. E This Sixth Amendment is entered into between parties to extend the term of the current franchise until June 30, 2003. The purpose of this extension is to provide additional time needed to resolve the outstanding issues, or in the absence of an agreement with Palm Springs Disposal Services, this extension will enable staff to prepare a Request for Proposals for Solid Waste Services and select a new contractor. NOW THEREFORE, in accordance with the foregoing the parties hereby agree that Section 4.1 of the Agreement entitled Term is hereby amended to change the term mature date as stated therein to be June 30, 2003, Except as expressly stated herein, all other terms and conditions of the Agreement shall remain in full force and effect. I �}6d'VLR, AFfL LM Agreement#6 Palm Springs Disposal Svcs. November 20, 2002 IN WITNESS WHEREOF, the parties hereto do hereby set their hands and seals as of the day and the year first written above. Attest: CITY OF PALM SPRINGS a municipal corpora pity Clerk City Manager — APPROVED AS TO FORM: City Attorney PALM SPRINGS DISPOSAL SERVICES, a Ca is corporation, By NOTARIZATION REQUIRED Its: VV gy. � Its: _rnp--_ ' 'A . c 2 Agreement 46 Palm Springs Disposal Svcs. November 20,2002 State of California) ) SS. County of Riverside) On before met c lri.nlr� G Lv �= ,fir. s Notary Public, personally appeared' ,,,, personally known to Ae to be the' persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal . Notary Public J i 00 � eo vrmn. __________________________________________ ^ R1V7 fi}:P,�Eg COUNTY' State of California) ) SS. County of Riverside) On before me, ELAINE L. WEDEKIND, Notary Public, personally appeared ***DAVID H. READY and PATRICIA A. SANDERS ***, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Notary Public 3 PS Disposal Services •Solid Waste Management AGREEMENT #3082 Amend #5 M07035, 3-20-02 FIFTH AMENDMENT TO AGREEMENT NO, 3082 FOR SOLID WASTE SERVICES This Fifth Amendment ("Fifth Amendment") To Agreement No. 3082, For Solid Waste Management Services Between The City of Palm Springs and Palm Springs Disposal Services ("Agreement') approved March 18, 1992, is made and entered into as of 2002 ("Effective Date"), by and between the CITY OF PALM SPRINGS, a municipal corporation organized under the laws of the State of California ("City"), and PALM SPRINGS DISPOSAL SERVICES, a California corporation ("Contractor"). RECITALS: A. On March 18, 1992, the parties entered into this Agreement for the provision of solid waste management services by Contractor to residents, businesses and City facilities in the City of Palm Springs, along with Amendment Nos 1 and 2 dated June 7, 1993, Amendment No. 3 dated July 1, 1996 and Amendment #4 dated December 5, 1998. B This Fifth Amendment is entered into between the parties to extend the term of the current Franchise three months until December 31, 2002. This purpose of this extension is to provide more time to work with the results of the current audit being performed on Contractor for either negotiation of a Franchise extension or preparation of an RFP for new solid waste services. C. On December 19, 2001, the City entered into a contract with Hilton Farnkopf & Hobson to perform a rate and service audit on Contractor. Contractor is requesting a ten- year extension to their current Franchise, as they will be converting their entire fleet to CNG requiring a substantial long-term financial commitment. The Contractor services Palm Springs and Desert Hot Springs solely D. City wishes to continue to retain the services of Contractor to provide its residents, businesses and City facilities with the highest quality of solid waste management services during any transition period. Therefore, extending current agreement the extra three months will allow for a smooth transition. NOW THEREFORE, in accordance with the foregoing the parties hereby agree that Section 4.1 of the Agreement entitled Term is hereby amended to change the termination date as stated therein to be December 31, 2002. Except as expressly stated herein, all other terms and conditions of the Agreement shall remain in full force and effect IN WITNESS WHEREOF, the parties hereto do hereby set their hands and seals as of the day and the year first written above. t tes : CITY OF PALM SPRINGS a municipal cor�tion City Clerk 8:�� City Manager APPROVED AS TO FORM: ity torney PALM SPRINGS DISPOSAL SERVICES, a California corporation, By: NOTARIZATION REQUIRED Its: B Its. CT• /Yd , State of California) ) SS. County of Riverside) gt'"-ST)r-p On before me, �'T.�^�L. „E&E-Y�IND-, Notary Public, persona ly appeared ***DAVID H. READY and PATRICIA A. SANDERS *** , personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Notary Public T 2 �4 0� CALIFORNIA ALL-PURPOS•CICNOWLEDGMENT • No.5907 Stateo'f ns Al III County of fc, s c�ke ,�! I �!s j: On ) ll � � cam ,:�-, before me, DATO NAME,TITLE OF OFFICER'E.G.,"JANE DOE,NOTARY PUBLIC" `) n personally appeared NAME(S)OF SIGNER(S) ❑ personally known to me - OR - 9proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) �9/are subscribed to the within instrument and ac- knowledged to me that �6/she/they executed the same in hy.,/h,, `r/their authorized capacity(ies), and that by Pi sl er/their ,3FIrv20RI ATVJEUh signature(s) on the instrument the person(s), Cornrnfssionil 1207-970 or the entity upon behalf of which the person(s)s acted execute �` Aj °tvcrslcr c JF1+� t p O d the instrument. it -- ,Iv;,CenTn1.1"^ti'.]Ilcr"u F�a,5.2rp9�i WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL l I2 Id ,V eY d CORPORATE OFFICER �PI- � o� sdyT"l�fdi'��"D7--.�oert �!/`� il- i'eA°Jrc`=3 TITLE OR TYPE OF DOCUMENT TITLE{8) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) C� GUARDIAN/CONSERVATOR ©.OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTIT9(ICS) r c'_y �O iZ t.r I i S' s C �.rl c_ _ 9" I> '.l-7��� 1 d' �c SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O,Box 7184•Canoga Park,CA 91309-7184 Palm Springs Disposal iAmend #4-Waste Disposal Contr. AGREEMENT #3082 M06235, 10-7-98 FOURTH AMENDMENT TO AGREEMENT NO. Joao FOR SOLID WASTE MANAGEMENT SERVICES This FOURTH AMENDMENT ("Fourth Amendment") TO AGREEMENT NO. 3082 FOR SOLID WASTE MANAGEMENT SERVICES ("Agreement") is made and entered into as of Oece_"i,,., j7t=r S , 1998 ("Effective Date"), by and between the CITY OF PALM SPRINGS, a municipal corporation organized under the laws of the State of California ("City"), and PALM SPRINGS DISPOSAL SERVICES, a California corporation ("Contractor"). RECITALS: A. On or about March 18, 1992, the parties entered into the Agreement for the provision of solid waste management services by Contractor to residents, businesses and City facilities in the City of Palm Springs, along with Amendment Nos. 1 and 2 dated June 7, 1993, and Amendment No. 3 dated July 1, 1996. B. This Fourth Amendment is entered into between the parties to further the goal set forth in Section 6.1 of the Agreement, which requires that by January 1, 2000, the City and Contractor jointly develop waste diversion strategies and develop a program to meet the State of California requirements to divert at least fifty percent (50%) of City's waste to recycling facilities. This Fourth Amendment is further precipitated by the expected closure of the Edom Hill Landfill, which currently serves the City of Palm Springs and other Coachella Valley communities and is expected to reach capacity no later than May 2004. C. City wishes to continue to retain the services of Contractor to provide its residents, businesses and City facilities with the highest quality of solid waste management services while implementing waste diversion strategies that will enable the City to comply with the mandates of State law. Contractor acknowledges that it is of paramount importance to City that it meet the requirements of the California Integrated Waste Management Act of 1989, Public Resources Code Section 40000 et sea. ("AB 939"), and regulations promulgated thereunder, as amended from time to time. D. Contractor has proposed to City the development of the NextPhase Recycling Facility ("Facility") in the City of Palm Springs, which would allow for the increase of the current waste diversion rate of approximately twenty-five percent (25%) by integrating a solid waste transfer station, a materials recovery facility, and an in-vessel composting system using the Herhof Bio Cell design to achieve a high degree of waste diversion at a competitive cost, achieving the minimum waste diversion requirements imposed by the State of California under AB 939, and providing for transfer of waste to a landfill outside the Coachella Valley upon closure of the Edom Hill Landfill operated by the County. E. City has engaged two independent reviews to investigate the technical feasibility of Contractor's proposal and prepare a planning-level cost estimate of the proposed Facility . Both reviews demonstrate the viability of the Facility. 627/014084-0093/3195592.5 all/25/98 AND101 F. Concurrently herewith, Contractor is applying to the California Pollution Control Financing Authority ("CPCFA") for tax-exempt bond financing ("CPCFA Bond") to pay the costs of planning, designing, permitting and constructing the Facility, including providing public education related to the Facility and ABA 939. G. On June 19, 1996, in response to the reduction of the refuse dump fee ("Tip Fee") charged by the County of Riverside to all users of the Edom Hill Landfill, the City approved, by Minute Order 5756, the maintenance of a reserve fund ("Recycling Fund") to collect the difference of funds received from its waste disposal customers and the reduced Tip Fee. The City set up the Recycling Fund to defray the projected costs of the City's compliance obligations with recycling mandates imposed by AB 939. H. Contractor wishes to secure a loan from the City and City finds that it is in the best interest of the City and the welfare of its citizens to provide Contractor with a loan from the Recycling Fund for use against costs of planning and designing the Facility, which funds Contractor shall repay to the City from the proceeds of the CPCFA Bond or alternate financing sources secured by Contractor. I. The City wishes to contract for environmental consulting services for the assessment of the environmental impacts and feasibility of the Facility, and Contractor wishes to repay City to costs of such environmental review from the proceeds of the CPCFA Bond or alternate financing sources secured by Contractor. J. Contractor-proposes to implement a Food Waste Collection Program to assure the successful diversion of food waste to the Facility, which will include such items as the acquisition of source recycling containers and preparation and distribution of informational materials to be distributed to waste disposal customers. K. Contractor wishes to secure payment from City and City finds that it is in the best interests of City and its citizens to pay Contractor with funds from the Recycling Fund for the capital and start-up costs of the Food Waste Collection Program. NOW, THEREFORE in consideration of the mutual promises, covenants and conditions contained in this Fourth Amendment, the City and Contractor agree as follows: 1. Statement of Purpose. On January 1, 1990, the California Legislature adopted AB 939, mandating that state and local governments divert at least fifty percent (50%) of their waste by January 1, 2000, with penalties of up to ten thousand dollars ($10,000) for failure to comply. Pursuant to AB 939, City entered the Agreement with Contractor which included the following provisions: "6.1 State Mandate. California Public Resources Code Section 41780 establishes the initial goal of diverting 25% of the City's waste from landfill facilities by January 1, 1995 and the secondary goal of diverting 50% of the City's waste by January 1, 2000. If the City has failed to implement its required plans to achieve the aforementioned goals, under Public 627/014084-009313195592 5 all/25/98 -2- Resources Code Section 41850, the California Integrated Waste Management Board may impose administrative civil penalties of up to ten thousand dollars $10,000 per day until the city implements its plans. 6.1.1 Joint Responsibilities. The City and Contractor shall jointly develop Waste Diversion strategies and develop a program adequate to meet the requirements established by the State. Should City and Contractor not be able to agree on a joint program, City shall specify the program to be implemented. Contractor may protest the City's plan by identifying specific provisions with which Contractor disagrees and the reasons for that disagreement." It was the purpose of the Agreement to comply with State law and accomplish State diversion goals. As of approximately January, 1995, the City has established a minimum diversion rate to comply with State mandates. The development of the Facility seeks to achieve a diversion rate in excess of fifty percent (50%). The City has collected funds in the Recycling Fund for purposes set forth herein, which are hereby declared to be necessary to accomplish the diversion requirements of AB 939 and fulfill Section 906 of the City Charter requiring that any special levies collected by City pursuant to State law be used only for the respective purposes for which they were levied. 2. Article 6 of the Agreement entitled "Waste Diversion" is hereby supplemented by the following subsections: 6.3 Facility Development. Contractor proposes to plan, design, secure approval for, finance, construct and operate the Facility which would integrate a solid waste transfer station, a recyclables processing facility, and an in-vessel composting system using the Herhof Bio Cell design to achieve a high degree of waste diversion at a competitive cost, achieve the minimum waste diversion requirements imposed by the State of California under AB 939, and provide for transfer of waste to a landfill outside the Coachella Valley upon closure of the Edom Hill Landfill operated by the County. Specifications of the Facility shall be set forth in an agreement to be negotiated between the parties for the development of the Facility ("NextPhase Development Agreement"). The parties have preliminarily identified the following basic components of the Facility: 6.3.1 Waste Processing Component. The Facility shall include a waste processing component for the consolidation of waste collected within the City for transport to an alternate landfill outside of the region due to the anticipated closure of the Edom Hill Landfill. 627/014084-0093/3195592.5 ill/25/98 -3- 6.3.2 Compost Processing and Recyclables Processing Component. The Facility shall include a Compost Processing and Recyclables Processing component which will enable Contractor to maximize diversion of waste for recycling and contribute to a lower average cost for waste processing for rate payers. 6.4 Facility Environmental[ Review. Within thirty (30) days upon submittal by Contractor to City of preliminary plans for the design, planning and development of the Facility, City shall retain an environmental consultant ("Environmental Consultant") of its choice, pursuant to a separate agreement executed by City and the Environmental Consultant, to investigate and access the environmental impacts and feasibility of the Facility and prepare an environmental impact report (collectively "Environmental Review") related to the construction and operation of the Facility. The total costs incurred by City for the services of the Environmental Consultant described in this Section 6.4 in performing an Environmental Review of the Facility ("Environmental Costs") shall be paid by the City from the Recycling Fund, as a set off of not more than ONE HUNDRED THOUSAND DOLLARS ($100,000.00), or such greater amount as the parties may mutually agree, of the Loan proceeds to be disbursed to Contractor under Section 6.6 herein, and payable to Environmental Consultant pursuant to the separate agreement entered into between City and Environmental Consultant. Contractor shall reimburse City for the Environmental Costs pursuant to Section 6.5 below. 6.5 Facility Development Funding. Contractor shall make its best efforts to secure the CPCFA Bond to finance the Facility. City shall cooperate with Contractor's efforts to secure alternate, short-term financing in the event the CPCFA Bond is not immediately available to Contractor when the Facility is ready for construction. Contractor shall pay City for the Environmental Review Costs plus the costs to plan, design, and provide public education related to the Facility and AB 939 and expenses related thereto (collectively "Facility Development Costs") with the CPCFA Bond or alternate, short-term financing to be secured by Contractor. Contractor hereby agrees to execute a Promissory Note to evidence its obligation to reimburse City for the Facility Development Costs pursuant to Section 6.6 below. 6.6 City Facility Development Loan. Prior to Contractor's receipt of financing from the CPCFA Bond, Contractor wishes to begin planning, designing, permitting and public education related to the Facility and AB 939. To accomplish the timely development of the Facility, and subject to the terms and conditions set forth herein, City hereby agrees to loan to Contractor the Facility Development Costs in the amount of FOUR HUNDRED THOUSAND DOLLARS ($400,000.00) ("Loan"). The Loan proceeds shall be used exclusively for the Facility Development Costs, which costs shall not include the actual construction costs for the Facility. In connection with the Loan, Contractor shall execute a Promissory Note in the form attached hereto as Exhibit "A" ("Note") and a Corporate Resolution in the forme attached hereto as Exhibit "B" (collectively, "Loan Documents"). 627/014084-0093/3195592.5 all/25/98 -4- 6.6.1 Disbursements of Loan. Contractor shall submit budgets and receive approval of the City Council before incurring expenses. Expenses not in accordance with the approved budget may be disallowed. Disbursements of Loan proceeds shall only be made upon submission to and approval by City Manager of a detailed request therefore, specifying the intended use of the funds and the amount thereof, identifying how the expense qualifies as a Facility Development Cost, identifying the budget authorization and showing an accounting of all previous funds received. Disbursement of the Loan shall be subject to City's right to use that portion of the Loan proceeds to pay the Environmental Costs pursuant Section 6.4 herein. 6.6.2 Repayment of Loan. Contractor agrees to repay to City the total Facility Development Costs evidenced by the Note within twenty (20) days of Contractor's receipt of financing from the CPCFA Bond or alternative short-term source, subject to Section 6.8 below. 6.7 Food Waste Collection Program. 6.7.1 Implementation of Food Collection Program. Contractor shall implement a Food Waste Collection Program to assure the successful diversion of waste to the Facility. The Food Waste Collection Program includes (1) the acquisition of source recycling containers which shall be adequate in size, shape, design and durability to assure proper operation of the Food Waste Collection Program; (2) the acquisition and equipping of collection vehicles; and (3) the preparation and distribution of educational information related to the operation of the Food Waste Collection Program and AB 939 to all waste disposal customers. 6.7.2 Financing of Food Collection Program. City hereby agrees to pay Contractor with funds from the Recycling Fund for the actual capital and start-up costs incurred by Contractor to develop and implement the Food Waste Collection Program ("Food Waste Collection Costs") in the total amount of TWO HUNDRED TWENTY TWO THOUSAND AND 00/100 DOLLARS ($222,000.00),which costs include the following: (1) One Hundred Ninety Seven Thousand and 00/100 Dollars ($197,000.00) for the initial capital costs to acquire source recycling containers of adequate size, shape, design and durability to assure proper operation of the Food Waste Collection Program; plus (2) Twenty Five Thousand and 00/100 Dollars ($25,000.00) for the preparation and distribution of educational information related to the Food Waste Collection Program and AB 939 to all waste disposal customers for the first year of operating such program. City agrees to pay Contractor the actual Food Collection Costs incurred by Contractor within twenty (20) days of the City's receipt of an invoice from Contractor showing the actual Food Collection Costs incurred by Contractor. 6.8. Inability to Achieve Facility pproval and Develo ment. Contractor's obligation to repay City the Loan pursuant to Section 6.6 above shall be subject to the following provisions: 627/014084-0093/3195592.5 all/25/98 -5- 6.8.1 Result of Contractor Action. Should the development, construction or approval of the Facility fail to proceed to completion, as planned herein and specifically set forth in the NextPhase Development Agreement, due to action or inaction by Contractor, Contractor shall be obligated to pay the entire amount of the Loan for the Facility Development Costs, as evidenced by the Note and as set forth in Section 6.6, respectively, except that such Loan shall be paid by Contractor to City on a monthly basis, including interest thereon at the rate of six percent (6%), compounded on an amoral basis for the term of the Agreement or any extension of the term of the Agreement pursuant to an amendment thereto until paid in full, whether or not the City or Contractor terminates the Agreement before the expiration of the term, as set forth therein or any amendment thereto. 6.8.2 Result of City or Third Party Action. Should the development, construction, financing or approval of the Facility fail to proceed to completion, as provided herein and specifically set forth in the NextPhase Development Agreement due to action or inaction by the City or any third party action, including environmental challenge, Contractor shall not be obligated to pay any portion of the Loan for the Facility Development Costs, as evidenced by the Note and as set forth in Section 6.6 above. 6.9 Expenditure of Recycl ng Fund. In accordance with this Agreement, City may expend funds from the Recycling Fund for the following purposes: (1) Advancement of costs for the development of the Facility; (2) Payment of capital and start-up costs incurred by Contractor for the Food Waste Collection Program; 6.10 Balance in Recycling Fund. After the repayment of the Loan by Contractor pursuant to this Agreement, the City shall continue to use the Recycling Fund to pay for costs it may incur in the development and successful operation of the Facility, and expenses related thereto. Any funds in the Recycling Fund not used for such purposes will be returned by City to its waste disposal customers in the form of a rebate. 3. Section 11.1 of the Agreement entitled "Change of Ownership" is hereby amended to read as follows: 11.1 Change of Ownership. The City, in entering into this Agreement, has placed a special value, faith and confidence in 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 Agreement, the parties therefore agree that no change of ownership or control or transfer of stock in the Contractor's business to persons, firms or entities who are not existing shareholders 627/014084-0093/3195592 5 al 1/25/98 -6- or members of the immediate families of existing shareholders in a cumulative amount equal to or greater than twenty-five percent (25%) of such ownership or control or transfer of stock shall take place without the prior written consent of the City. The City's consent shall be based upon the prospective owner's financial capability, background, reputation, experience and expertise in the field of waste disposal and shall not be unreasonably withheld. Contractor may assign this Agreement to an entity that is wholly owned by Contractor, without the prior written consent of City, provided that Contractor execute a guarantee agreement ("Guarantee"), in a form acceptable to City, whereby Contractor guarantees to City the faithful performance by the transferee entity, wholly owned by Contractor, of all terms and conditions of this Agreement, as may be amended from time to time. Furthermore, Contractor shall not add to the members of its core group of management employees and consultants, who are identified as Robert Kuznik, Barbara Robertson and Rick Wade, without the prior written consent of the City, which shall not be unreasonably withheld. To assist the City in determining whether to grant its consent, as required by this Section, Contractor shall provide City with reasonable information concerning the knowledge, experience and background of any proposed addition to Contractor's core management employees and consultants. In the event of any unapproved transfer, including any bankruptcy proceeding, this Agreement shall be terminated. No approved transfer shall release Contractor or any surety of Contractor of any liability without the express consent of the City. 4. Section 11.1 of the Agreement entitled "Successors and Assigns" is hereby amended to read as follows: 11.2 Successors and Assigns. This Agreement shall not be assigned in whole or in part by Contractor without the execution by Contractor of a Guarantee and the prior written consent of the City, as provided in Section 11.1 above. This Agreement and each of its provisions shall be binding on any permitted successor to this Agreement. 5. Authority to Execute. The person(s) executing this Fourth Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Fourth Amendment on behalf of said party, (iii) by so executing this Fourth Amendment, such party is formally bound to the provisions of this Fourth Amendment, and (iv) the entering into this Fourth Amendment does not violate any provision of any other agreement to which said party is bound. 627/014084-0093/3195592.5 all/25/98 -7- 6. Full Force and Effect. Except as expressly stated herein, all other terms and conditions of the Agreement shall remain in fall force and effect. IN WITNESS WHEREOF, the parties hereto do hereby set their hands and seals as of the day and the year first written above. CITY O—E PAL NGS cipal corpora 'o By: _ City a ager APPROVED AS TO FORM: j6 City-Adorney f\ ��y�,4 T-rj ifB CV'd 't.OUN'CIL Attest: 1�' .i��` , City-Cferk PALM SPRINGS DISP AL SE VICES, a Californi orporati , By. Its: By: Its: VyG P RFS 1 D E'NT�S <R E-rgp.y 627/014084-0093/3195592.5 011/25/98 -8- EXHIBIT "A" DO NOT DESTROY THIS NOTE: When paid, this Note, with the Deed of Trust securing same, must be surrendered to Trustee for cancellation before reconveyance will be made. PROMISSORY NOTE $400,000.00 September 1998 Riverside County, California FOR VALUE RECEIVED, the undersigned, PALM SPRINGS DISPOSAL SERVICES, a California corporation ("Maker"), does hereby promise to pay to THE CITY OF PALM SPRINGS, a California municipal corporation ("Holder"), at a place designated by Holder, the principal sum of FOUR HUNDRED THOUSAND DOLLARS AND 00/100 ($400,000.00), pursuant to the terms of the Fourth Amendment to Agreement No. 3082 for Solid Waste Management Services, Section 6.6 and 6.8, executed concurrently herewith. If not sooner paid, Maker shall pay to Holder in lawful money of the United States, the entire unpaid principal balance and accrued interest, if any, hereunder on or before the expiration of the term of Agreement No. 3082 for Solid Waste Management Services entered into on or about March 18, 1992 ("Agreement") or any extension of the term of the Agreement pursuant to any amendment thereto until paid in full, whether or not the City or Contractor terminates the Agreement before the expiration of the term, as set forth therein or any amendment thereto. Any payments made by Maker in payment of this Note shall be applied first to the interest then accrued and due on the unpaid principal balance under this Note, and the remainder of each payment shall be applied to the reduction of the unpaid principal. Upon the failure to make payment of any payment due under this Note as and when the same become due and payable (whether by extension, acceleration or otherwise) or any breach of any other promise or obligation in this Note or in any other instrument now or hereafter securing the indebtedness evidenced hereby, then, and in any of such events, Holder may, at its option, declare this Note and the entire indebtedness hereby evidenced, including, without limitation, all accrued interest, to be immediately due and payable and collectible then or thereafter as Holder may elect, regardless of the date of maturity, and notice of the exercise of said option is hereby expressly waived by Maker. If this Note is not paid when due, whether at maturity or by acceleration, Maker promises to pay all costs of collection, including, but not limited to, attorneys' fees and all expenses incurred in connection with the protection or realization of the collateral securing the payment hereof or enforcement of any guaranty, incurred by Holder on account of such collection, whether or not suit is filed hereon. 627/014084-0093/3195592 5 all/25/98 -9- Maker and all endorsers, guarantors and persons liable or to become liable on this Note waive presentment, protest and demand, notice of protest, demand and dishonor and nonpayment of this Note and any and all other notices or matters of a like nature, and consent to any and all renewals and extensions near the time of payment hereof and agree further that at any time and from time to time without notice, the terms of payment herein may be modified or the security described in any documents securing this Note released in whole or in part, or increased, changed or exchanged by agreement between Holder and any owner of the premises affected by said documents securing this Note, without in any way affecting the liability of any party to this Note or any persons liable or to become liable with respect to any indebtedness evidenced hereby. In the event of any default or breach of this Note or the Deed of Trust, the entire principal remaining unpaid hereunder, shall automatically bear an annual interest rate equal to the lesser of ten percent (10%) per annum. The unenforceability or invalidity of any provision or provisions of this Note as to any persons or circumstances shall not render that provision or those provisions unenforceable or invalid as to any other provisions or circumstances, and all provisions hereof, in all other respects, shall remain valid and enforceable. Neither this Note nor any term hereof may be waived, amended, discharged, modified, changed or terminated orally; nor shall any waiver of any provision hereof be effective except by an instrument in writing signed by Maker and Holder. No delay or omission on the part of Holder in exercising any right hereunder shall operate as a waiver of such right or of any other right under this Note. Notwithstanding any provision in this Note or other document securing same, the total liability for payment in the nature of interest shall not exceed the limit now imposed by applicable laws of the State of California. 6271014084-0093/3195592.5 al l/25/98 This Note has been executed and delivered by Maker in the State of California and is to be governed and construed in accordance with the laws thereof. IN WITNESS WHEREOF, Maker has executed this Note as of the date and year first above written. PALM--- 5)PRINGS DISEOSAL SERVICES, a Cal/ifo� corporation- j Its E� 1� T By: Its: v1 P -s1D nr�/ s Ecr�t�rrley "Maker" 627/014084-0093/3195592.5 all/25/98 • 0 ?! Palm Springs Disposal Services 4690 East Mesquite Avenue P O Box 2711 Palm Springs,CA 92263-2711 Telephone: (760)327-1351 Fax: (760)323-5132 August 26, 1998 Mr. Rob Parkins City Manager City of Palm Springs P.O. Box 2743 Palm Springs, CA 92263-2743 RE: APPROVAL OF RATE CHANGES Dear Mr. Parkins: In accordance with the terms of our Agreement it is requested that you approve changes in refuse collection rates effective January 1, 1999, as follows: 1. Increase service collection fees on Commercial and Residential customers by 1.8%. Annual CPI Adjustment Article 8, Section 8.2.1 (Page 24) of our Agreement provides for annual changes in compensation equal to changes in the Consumer Price Index for all Urban Consumers (CPI-U) for the Los Angeles-Long Beach-San Bernardino [Los Angeles-Riverside-Orange County Area] Standard Metropolitan Statistical Area [1982/84 Base], as published by the Bureau of Labor Statistics. Said change shall be measured for the twelve (12) month period June to June. The proposed change effective January 1, 1999, is: INDEXES CPI-U, June, 1998 162.2 CPI-U, June, 1997 159.4 2.8 % Change (+2.8/159.4) =Net Increase of 1.8% The above increase is to be applied to all rate categories. Monthly rates for service to Single Family Dwellings will, therefore, be adjusted as follows: Current Rate: $22.21 New Rate effective 1/1/99 $22.52 Mr. Rob Parkins August 26, 1998 Page Two of Two Pages Please indicate your acknowledgment of our request to increase the service rate by signing and returning a copy of this letter. A revised Exhibit "A" is enclosed. Commercial and Residential Franchise Fees remain at 19% and 10%, respectively. Ay, Rick Wade General Manager cc: Mr. Tom Kanarr, Director of Finance Approved: efl- 2-r� 5��—Rob Parkins, City Manager Date PS City Rates Aug. '98 SERVICE COLLECTION DISPOSAL RECYCLING CITY Fill RECYCLING ADMIN ADDNL LEASE MAINTENANCE UNITS SERVICE FEE SRV FEE FEE CITY FEE FEE CHARGES CHARGE FEE TOTALS EXHIBIT A RATE SCHEDULE (AGREEMENT ORIGINALLY EFFECTIVE 10/01/92) AN INCREASE IN"SERVICE FEES" BECOMES EFFECTIVE Ill J99 CAN SERVICE: SFRimonth SF units 11.34 4.59 3.65 1.13 1.81 22.52 Ea addnl can 5.64 2.22 0.56 0.66 9.08 • Multiple Res/month Each Unit 11.34 4.59 3.32 1.13 1.74 22.12 Ea addnl can 5.49 2.22 0.55 0.66 8.92 Coml Can Servlmonth Each Unit 12.28 4.59 3.42 2.33 1.74 24.36 Ea addnl can 6.12 2.22 1.16 0.66 10.16 Small Hotel Sery First Unit 12.29 4S9 3.42 2.33 1.74 24.36 Ea addnl unit 3.40 222 0.65 0.66 6.93 BIN SERVICE• 1.5 Cubic Yd Bin First Weekly PU 42.34 9.E0 4.80 8.04 3.73 68.51 Ea Addnl PU 28.71 9.60 4.80 5.45 3.73 52.29 1.5 Cubic Yd Win EX PU ' First Bin 35.69 2.40 1.20 6.78 0.93 46.99 Ea Addnl Bin 6.78 2.40 1.20 1.29 0.93 12.60 2 Cubic Yd Bin First Weekly PU 45.71 14.53 6.41 8.68 5.26 80.59 Ea Addnl PU 31.12 14.53 6.41 5.91 5.26 63.23 2 Cubic Yd Bin EX PU First Bin 36.52 3 63 1.60 6.94 1.31 50.00 Ea Addnl Bin 7.37 3.63 1.60 1.40 1.31 15.31 1 Palm Springs Rate Workbook.xls PS City Rates Aug. '98 3 Cubic Yd Bin First Weekly PU 59.22 21.66 9.60 11.25 7.50 109.23 Ea Addnl PU 40.90 21.66 9.60 7.77 7.50 87.43 3 Cubic Yd Bin EX PU First Bin 39.92 5.42 2.39 7.58 1.86 57.17 Ea Addni Bin 10.23 5.42 2.39 1.94 1.86 21.84 4 Cubic Yd Bin First Weekly PU 69.88 28.73 12.81 13.28 9.71 134.41 Ea Addnl PU 46.40 28.73 12.81 8.82 9.71 106.47 4 Cubic Yd Bin EX PU First Bin 42.56 7.18 3.20 8.09 2.43 63.46 Ea Addnl Bin 11.60 7.18 3.20 2.20 2.43 26.61 ....................................................................................1 ;ADDITIONAL CHARGES :RELATED TO BIN SERVICE Return Trips-Inaccessible Bins 4.77 25.08 29.85 Bin Relocation Chrgs(Requested) First Bin 4.64 24.42 29.06 Relocate Ea. Add, Bin 1.59 8,35 9.94 Roll-out charges-first Bin 7.73 40.67 48.40 Curb Charges 7.73 40.67 48.40 • Locking Bin Charge 8.82 46.42 55.24 Contractor Provided Lock 2.96 15.60 18.56 Clean & Wash Bin (first Bin) 8.82 46.42 55.24 Clean &Wash (Ea. add. Bin) 3.78 19.91 23.69 DROP OFF-BOX SERVICE: 13 CUBIC YARD BOX: 79.59 72.50 20.51 15.12 23.96 211.68 20 CUBIC YARD BOX: 79.59 72.50 20.51 15.12 23.96 211.68 20 CUBIC YARD BOX-COVERED: 96.15 72.50 20.51 18.27 23.96 231.39 30 CUBIC YARD BOX: 112.14 108.43 30.86 21.31 35.59 308.33 40 CUBIC YARD BOX: 132,66 144.93 41.15 25.21 46.98 390.93 2 Palm Springs Rate Workbook.xls PS City Rates Aug. '98 i •---------- ----------i 4DOITIONAL CHARGES RELATED , TO DROP OFF BOX SERVICES: I Hard to handle Material (per cu.yd.) 11.10 per Pubic yard Return Trip or Relocate Box 4.64 24.41 Redelivery Charge 29.05 11.88 G2.50 74.38 Clean and Wash Box: First Box 8.82 46.42 Each Additional Box 55.243.78 19.91 23.69 • COMPACTOR SERVICES: 1.5 CUBIC YARD HANSEN COMPACTOR First Bin-Wet, High Density- "3:1" 36.75 20.70 3.60 6.98 2.78 Ea Addnl Bin 1 .41 2 . 3.60 3.31 2.78 70.81 First Bin-Mixed Residential Waste-•B:1' 44.49 29.60 47.80 fi0 9.61 8.45 7.41 99.56 Ea Addnl Bin 25.14 29.60 9.61 4.78 7.41 First Bin-Paper Waste- "8:1" 38.68 2443 76.54 9.61 7.35 14.76 94.83 Es Addnl Bin 19.34 24.43 9.61 3.67 11.09 68.14 First Bin-Dry,Low Density Waste-•10:1• 38.68 24.06 12.01 7.35 9.26 91.36 Ea Addnl Bin 19.34 24.06 12.01 3.67 9.26 68.34 3 CUBIC YARD COMPACTOR 47.80 10.89 6.69 9.08 4.47 78.93 3 CUBIC YARD(Special)COMPACTOR 47.80 1452 6.69 9.08 4A7 4 CUBIC YARD HANSEN COMPACTOR 82.56 First Bin-Wet, High Density- "3:1" 63.83 55.20 9.59 12.13 7.30 Ea Addnl Bin 44.49 5520 9.59 8.46 7.30 5 .0• First Bin-Mixed Residential Waste-^a:1, 83.17 78.94 25.57 15.80 19.46 114848253 Ea Addnl Bin 63.83 78.94 25.57 12.13 19.46 22. 94 .0.93 First Bin-Paper Waste - "8:1" 71.57 65.14 25.57 13.60 19.46 Ea Addnl195.34 Bin 52.22 65.14 25.57 9.92 19.46 First Bin-Dry.Low Density Waste-•10:1• 71.57 54.17 31.97 13.60 24.33 31 172 172 Ea Addnl Bin 52.22 64.77 31.97 9.92 24.33 205.31 64 20 CUBIC YARD COMPACTOR 245.46 144.97 61.54 46.64 63,25 82.61.61 30 CUBIC YARD COMPACTOR 336.38 216.97 92.58 63.91 76.81 55186. 40 CUBIC YARD COMPACTOR 55 404.66 289.89 123.43 76.89 100.92 995.79 3 Palm Springs Rate Workbook.xis PS City Rates Aug. '98 COMPACTOR SERVICES PER 60- MONTH LEASE: 3 CUBIC YARD COMPACTOR 67.13 28572 20 CUBIC YARD COMPACTOR 74.3 67.59 420.44 30 CUBIC YARD COMPACTOR 914.32 .323.96 67.59 465.94 40 CUBIC YARD COMPACTOR 534.08 67.59 715.99133.83 636.79 67.59 038.21 .______ ------------------_______________; iAODITIONAL CHARGES RELATED ' TO COMPACTOR SERVICES: Turn around fee 9.34 49.1 7 Monthly Preventive Maintenance 58.51 10.79 56.79 67.58 TEMPORARY BIN SERVICES: 3 CUBIC YARD BIN: 4- Day Rental 49.79 5.42 1.60 9.46 1.84 Extra Pickup 18.51 5.42 1. 3. 1. 68.11 3 Cu Yrd Spcl Rsdntl Cleanup Bin: 26.27 5.42 1.54 54 4.99 99 1.78 78 30.89 4- Da Rental 40.00 Y 32.24 5.az 1.60 6.13 1.84 Extra Pickup 18.51 5.42 1.60 3.52 1.84 47.23 3 Cu Yard Constr. Bin: 30.89 Monthly R.M.1(weekly servlcel 57.24 21.66 9.60 10.88 Extre Pickup �" 106.88 18.51 5.42 1.60 3.52 1.86 30.91 SPECIAL HAUL SERVICES: 33.92 6.44 15 min.charge 9.48 1.61 APPliencee 33.92 6.44 Infectious Waste: Per Pickup 91.30 3. Per Container 29.80 15.66 7.35 14.47 =122,934 4 Palm Springs Rate Workbook.xls H/lY �I`1 4690 E Mesquite Ave • PO Box 2711 • Palm Springs, CA 92263 (619) 327-1351 • FAX 1619) 323-5132 August 29, 1997 Mr. Rob Parkins City Manager City of Palm Springs 3200 East Tahquitz Canyon Way P.O. Box 2743 Palm Springs, CA 92263-2743 RE: APPROVAL OF RATE CHANGES Dear Mr. Parkins: In accordance with the terms of our Agreement it is requested that you approve changes in refuse collection rates effective January 1, 1998, as follows: 1. Increase service collection fees on Commercial and Residential customers by 1.7%. Annual CPI Adjustment Article 8, Section 8.2.1 (Page 24) of our Agreement provided for annual changes in compensation equal to changes in the Consumer Price Index for all Urban Consumers (CPI-U) for the Los Angeles-Long Beach-San Bernardino [Los Angeles-Anaheim- Riverside] Standard Metropolitan Statistical Area [1982/84 Base], as published by the Bureau of Labor Statistics. The proposed change effective January 1, 1998, is: INDEXES Et., �r✓7C� CPI-U, June, 1997 159.4 CPI-U June 1996 156.7 'z^/� 2.7 �'+✓ G�� % Change (+2.7/156.7) = Net Increase of 1.7°/u� �7 The above increase is to be applied to all rate categories. Monthly rates for service to Single Family Dwellings will therefore be adjusted as follows: Current Rate: $21.92 New Rate effective 1/l/98 $22.21 Mr. Rob Parkins August 29, 1997 Page Two of Two Pages Please indicate your acknowledgment of our request to increase the service rate by signing and returning a copy of this letter. A revised Exhibit "A" is currently being reviewed and will soon be sent to you. Commercial and Residential Franchise Fees remain at 19% and 10%, respectively. Sincerely, /Z16& Rick Wade General Manager cc: Mr. Tom Kanarr, Director of Finance Approved: Rob ar ms, City Manager ate PS City Rates August 1997 SERVICE COLLECTION DISPOSAL RECYCLING CITY FR RECYCLING ADMIN ADDNL LEASE MAINTENANCE UNITS SERVICE FEE SPY FEE FEE CITY FEE FEE cHARGE5 CHARGE FEE TOTALS EXHIBIT A RATE SCHEDULE (AGREEMENT ORIGINALLY EFFECTIVE 10/01/92) AN INCREASE IN SERVICE RATES BECOMES EFFECTIVE 1/1/98 CAN SERVICE: SFR/month SF units 11.14 4.59 3.59 1.11 1.78 22.21 Ea addnl can 5.54 2.22 0.55 0.65 8.96 Multiple Res/month Each Unit 11.14 459 3.26 1.11 1.71 21.81 Ea addnl can 5.39 2.22 0.54 0.65 6.80 Coml Can Sew/month Each Unit 12.06 4.59 3.36 2.29 1.71 24.01 Ea addnl can 6.01 2.22 1.14 0.65 10.02 Small Hotel Be" First Unit 12.06 4.5e 3.36 2.29 1.71 24.01 Ea addnl unit 3.34 2.22 0.63 0.65 6.64 BINS 1.5 Cubic Yd Bin First Weekly PU 41.59 Sao 4.72 7.90 3.66 67.47 Ea Addnl PU 28.20 9 60 4.72 5.36 3.66 51.54 1.5 Cubic Yd Bin EX PU First Bin 35.06 CAR 1.18 6.66 0.91 46.20 Ea Addnl Bin 6.66 2.40 1.18 1.27 0.91 12.42 2 Cubic Yd Bin First Weekly PU 44.90 14 53 6.30 8.53 5.17 79.43 Ea Addnl PU 30.57 1453 6.30 5.81 5.17 62.38 2 Cubic Yd Bin EX PU First Bin 35.87 3.53 1.57 6.82 1.29 49.18 Ea Addnl Bin 7.24 3 63 1.57 1.38 1.29 15.11 Page 1 PS City Rates August 1997 SERVICE COLLECTION DISPOSAL RECYCLING CITY FR RECYCLING ADMIN ADDNL LEASE MAINTENANCE UNITS SERVICE FEE SRV FEE FEE CITY FEE FEE CHARGES CHARGE FEE TOTALS 3 Cubic Yd Bin First Weekly PU 58.17 21.66 9.43 11.05 7.37 107.66 Ea Addnl PU 40.18 21 66 9.43 7.63 7.37 86.27 3 Cubic Yd Bin EX PU First Bin 39.21 5.42 2.35 7.45 1.83 56.26 • Ea Addnl Bin 10.05 5.42 2.35 1.91 1.83 21.56 4 Cubic Yd Bin First Weekly PU 68.64 2873 12.58 13.04 9.54 132.53 Ea Addnl PU 45.58 28.72 12.58 8.66 9.54 105.09 4 Cubic Yd Bin EX PU First Bin 41.81 7.18 3.14 7.94 2.39 62.46 Ea Addnl Bin 11.39 7.18 3.14 2.16 2.39 26.26 ......................................................................... .ADDITIONAL CHARGES 'RELATED TO BIN SERVICE ......................................................................... Return Trips- Inaccessible Bins 4.68 24.64 29.32 Bin Relocation Chrgs(Requested) First Bin 4.56 23.99 28.55 • Relocate Ea. Add. Bin 1.56 8.20 9.76 Roll-out charges-first Bin 7.59 39.95 47.54 Curb Charges 7.59 39.95 47.54 Locking Bin Charge 8.66 45.60 54.26 Contractor Provided Lock 2.91 15.32 18.23 Clean &Wash Bin (first Bin) 8.66 45.60 54.26 Clean &Wash (Ea. add. Bin) 3.72 19.56 23.28 Page 2 PS City Rates August 1997 SERVICE COLLECTION DISPOSAL RECYCLING CITY FR RECYCLING ADMIN ADDNL LEASE MAINTENANCE UNITS SERVICE FEE SW FEE FEE CITY FEE FEE CHARGES CHARGE FEE TOTALS DROP OFF-BOX SERVICE: 13 CUBIC YARD BOX: 78.18 72.50 20.15 14.85 23.54 209.22 20 CUBIC YARD BOX: 78.18 72.5D 20.15 14.85 23.94 209.62 20 CUBIC YARD BOX-COVERED: 94.45 72.50 20.15 17.95 23.94 228�99 30 CUBIC YARD BOX: 110.16 108.43 30.31 20.93 34.96 204.79 40 CUBIC YARD BOX: 130.31 144.93 40.42 24.76 46.15 386.57 ----------------------------------------� •IADDRIONAL CHARGES RELATED I I TO 2112P OFF BO%SERVICES, I Hard to handle Material (per cu.yd.) 11.10 per cubm yard Return Trip or Relocate Box 4.56 23.98 28.54 Redelivery Charge 11.66 61.39 73.05 Clean and Wash Box: First Box 6.66 45.60 54.26 Each Additional Box 3.72 19.56 23.28 COMPACTOR SERVICES: 3 CUBIC YARD COMPACTOR 46.95 10.99 6.57 8.92 4.39 77.72 20 CUBIC YARD COMPACTOR 241.12 144.97 60.45 45.61 52.31 544.66 30 CUBIC YARD COMPACTOR 330.43 216.87 90.94 62.78 75.45 776.47 40 CUBIC YARD COMPACTOR 397.50 289.B9 121.25 75.52 99.14 983.31 COMPACTOR SERVICES PER 60 - MONTH LEASE: 3 CUBIC YARD COMPACTOR 65.94 280.67 66.39 413.00 20 CUBIC YARD COMPACTOR 73.08 318.23 66.39 457.70 30 CUBIC YARD COMPACTOR 112.30 524.64 66.39 703.33 40 CUBIC YARD COMPACTOR 131.46 625.53 66.39 823.38 .-----------------------------------------. IADDRIONAL CHARGES RELATEO i TO COMPACTOR SERVICES; Turn around fee 9.18 48.30 57.48 Page 3 PS City Rates August 1997 SERVICE COLLECTION DISPOSAL RECYCLING CITY FIR RECYCLING ADMIN ADDNL LEASE MAINTENANCE UNITS SERVICE FEE sw FEE FEE CITY FEE FEE CHARGES CHARGE FEE TOTALS TEMPORARY BIN SERVICES: 3 CUBIC YARD BIN: 4 - Day Rental 48.91 SA2 1.57 9.29 1.81 67.00 Extra Pickup 18.18 5.42 1.57 3.45 1.81 30.43 3 Cu Yrd Spcl Rsdntl Cleanup Bin: 26.27 542 1.54 4.99 1.78 40.00 4 - Day Rental 31.67 5.42 1.57 6.02 1.81 46.49 Extra Pickup 18.18 5.42 1.57 3.45 1.81 30.43 103 Cu Yard Constr, Bin: Monthly Rental(weekly servecel 56.23 21.66 9A3 10.68 7.37 105.37 Extra Pickup 18.18 6.42 1.57 3.45 1.83 30.45 SPECIAL HAUL SERVICES 33.32 6.33 15 mm charge 8.33 1.58 APPleances 33.32 6.33 Infectious Waste: Per Pickup 89.69 17.04 13.45 120.18 it Per Container 29.27 5.56 4.39 39.22 NOTE: COLLECTION AND SERVICE FEES INCREASE 01/01/98 DISPOSAL FEE WAS DECREASED 07/01/96. • Page 4 I] o i i Id IUD •� ! I � DISPOSALPALM SPRINGS 4690 E. Mesquite Ave. • P.O. Box 2711 • Palm Springs. CA 92263 • (619) 327-1351 • FAX (619) 323.5132 August 29, 1996 Mr. Rob Parkins COPY PY City Manager RECEIVED City of Palm Springs 3200 East Tahquitz Canyon Way 1996 P.O. Box 2743 Palm Springs, CA 92263-2743I CLERK Dear Mr. Parkins: Re: APPROVAL OF RATE CHANGES In accordance with the terms of our Agreement it is requested that you approve changes in refuse collection rates effective January 1, 1997, as follows: 1. Increase service collection fees on Commercial and Residential customers by 1.2%. Annual CPI Adiustment Article 8, Section 8.2.1 (Page 24) of our Agreement provided for annual changes in compensation equal to changes in the Consumer Price Index for all Urban Consumers (CPI-U) for the Los Angeles-Long Beach-San Bernardino [Los Angeles-Anaheim- Riverside] Standard Metropolitan Statistical Area [1982/84 Base], as published by the Bureau of Labor Statistics. The proposed change effective January 1, 1997, is: INDEXES CPI-U, June, 1996 156.7 CPI-U, June, 1995 154.8 L9 % Change (+1.9%/154.8)=Net % change of 1.2 The above increase is to be applied to all rate categories. Monthly rates for service to Single Family Dwellings will therefore tie adjusted as follows: Current Rate: $21.71 New Rate effective 1/1/96 $21.92 G A Mr. Rob Parkins August 29, 1996 Page 2 A revised Exhibit "A" is attached for your review. Please indicate your approval of these changes by signing and returning a copy of this letter. Franchise Fees for residential can service will remain at 10% of revenue. Sincerely Z� Rick Wade General Manager cc: Mr. Tom Kanarr, Finance Director 1 Approved: b Parkins, iity Manager Date / µnq\pr4iyckp ��9TE196 PALM SPRINGS LG I//�( / 7 SERVICE COLLECTION DISPOSAL RECYCLING CITY FIR RECYCLING ADMIN ADDNL LEASE MAINTENANCE UNITS SERVICE FEE SRV FEE FEE CITY FEE FEE CHARGES CHARGE FEE TOTALS EXHIBIT A RATE SCHEDULE (AGREEMENT ORIGINALLY EFFECTIVE 10/01/92) AN INCREASE IN"SERVICE FEES" BECOMES EFFECTIVE 1/1/96 FOR PSDS CAN SERVICE: / SFR/month 3 / f /,off 173 SF units 10.95 4.59 3.53 1.10 1.75 Y1.92 Ea addnl can 5.45 2.22 0.55 0.64 8.86 Multiple Res/month 6ach Unit 10.95 4.59 3.21 1.10 1.68 21.53 addnl can 5.30 2.22 0.53 0.64 8.69 Coml Can Serv/month Each Unit 11.86 4.59 3.30 2.25 1.68 23.68 Ea addnl can 5.91 2.22 1.12 0.64 9.89 Small Hotel Sery First Unit 11.86 4.59 3.30 2.25 1.68 23.68 Ea addnl unit 3.28 2.22 0.62 0.64 6.76 BIN SERVICE: 1.5 Cubic Yd Bin First Weekly PU 40.89 9.60 4.64 7.77 3.60 66.50 Ea Addnl PU 27.73 9.60 4.64 5.27 3.60 50.84 Cubic Yd Bin EX PU st Bin 34.46 2.40 1.16 6.55 0.90 45.47 Ea Addnl Bin 6.55 2.40 1.16 1.24 0.90 12.26 2 Cubic Yd Bin First Weekly PU 44.15 14.53 6.19 8.39 6.08 78.34 Ea Addnl PU 30.06 14.53 6.19 5.71 6.08 61.67 2 Cubic Yd Bin EX PU C First Bin 35.27 3.63 1.54 6.70 1.27 48.41 Ea Addnl Bin 7.12 3.63 1.54 1.35 1.27 14.91 EXAJAN97.XLS Page 1 8/31/96 PALM SPRINGS SERVICE COLLECTION DISPOSAL RECYCLING CITY FIR RECYCLING ADMIN. ADDNL LEASE MAINTENANCE UNITS SERVICE FEE SRV FEE FEE CITY FEE FEE CHARGES CHARGE FEE TOTALS 3 Cubic Yd Bin First Weekly PU 57.20 21.66 9.27 10.87 7.25 106.25 Ea Addnl PU 39.51 21.66 9.27 7.51 7.25 T 85.20 3 Cubic Yd Bin EX PU First Bin 38.55 5.42 2.31 7.32 1.80 55.40 Ea Addnl Bin 9.88 5.42 2.31 1.88 1.80 21.29 4 Cubic Yd Bin Firsekly PU 67.49 28.73 12.37 12.82 9.38 130.79 Ea I PU 44.82 28.73 12.37 8.52 9.38 103.82 4 Cubic Yd Bin EX PU First Bin 41.11 7.18 tIm 7.81 2.35 61.54 Ea Addnl Bin 11.20 7.18 3.09 2.13 2.36 25.95 ... ............ ADDITIONAL CHARGES •....� RELATED TO BIN SERVICE Return Trips-Inaccessible Bins 4.60 24.23 28.83 Redelivery charges-Removed Bins non-payment N/A N/A N/A Bin Relocation Chrq_s(Reauested) First Bin 4.48 23.59 28.07 Relocate Ea.Add. Bin 1.53 8.06 9.59 Roll-out charges-first Bin 7.46 39.28 46.74 Curb Charges 7.46 39.28 46.74 Ing Bin Charge 8.52 44.84 53.36 tractor Provided Lock 2.86 15.06 17.92 Clean&Wash Bin(first Bin) 8.52 44.84 53.36 Clean&Wash(Ea. add. Bin) 3.65 19.23 22.88 DROP OFF-BOX SERVICE: 13 CUBIC YARD BOX: 76.87 72.50 19.81 14.61 23.15 206.94 20 CUBIC YARD BOX: 76.87 72.50 19.81 14.61 23.54 207.33 0 CUBIC YARD BOX-COVERED: _ 92.87 72.50 19.81 17.65 23.54 226.37 30 CUBIC YARD BOX: 108.32 108.43 29.80 20.58 34.38 301.51 40 CUBIC YARD BOX: 128.13 144.93 39.74 24.34 45.38 382.52 EXAJAN97.XLS Page 2 8/31/96 �r PALM SPRINGS SERVICE COLLECTION DISPOSAL RECYCLING CITY FIR RECYCLING ADMIN ADDNL LEASE MAINTENANCE UNITS SERVICE FEE SRV FEE FEE CITY FEE FEE CHARGES CHARGE FEE TOTALS [ADDITIONAL CHARGES RELATED [ T_O DROP OFF-BOX SERVICES: I 4 - R Hard to handle Material (per cu.yd.) 11.10 per cubic yard Return Trip or Relocate Box 4.48 23.58 28.06 Redelivery Charge 11.47 60.36 71.06 Clean and Wash Box: First Box 8.52 44.84 63.36 Each Additional Box 3.65 19.23 22.88 MPACTOR SERVICES: 3 CUBIC YARD COMPACTOR 46.17 10.89 6.46 8.77 4.32 20 CUBIC YARD COMPACTOR 237.09 144.97 59.44 45.06 51.44 76.61 76.61 30 CUBIC YARD COMPACTOR 324.91 216.87 89.42 61.73 74.19 537.92 40 CUBIC YARD COMPACTOR 390.86 289.89 119.22 74.26 97.48 971.71 COMPACTOR SERVICES PER 60-MONTH LEASE: 3 CUBIC YARD COMPACTOR 64.84 979 OR ce ne 4Va."IV 20 CUBIC YARD COMPACTOR 71.86 312.91 65.28 460.06 30 CUBIC YARD COMPACTOR 110.42 516.87 65.28 691.57 40 CUBIC YARD COMPACTOR 129.27 615.07 65.28 809.62 j------------------1 TIONAL CNAROES REUTEO I O_MP_AC_TO_R_SER_VIC_Eb:_------ I Turn around fee 9.02 47.49 56.51 TEMPORARY BIN SERVICES: 3 CUBIC YARD BIN: 4-Day Rental 48.09 5.42 1.54 9.14 1.78 .97 Extra Pickup 17.88 5.42 1.54 3.40 1.78 65 65 3 Cu Yrd Spell .97 Rsdntl Cleanup Bin: 25.45 5.42 1.54 5.85 1.78 40.02 4-Day Rental 31.14 5.42 1.54 5.92 1.78 45.80 Extra Pickup 17.88 5.42 1.54 3.40 1.78 30.02 EXAJAN97.XLS Page 3 8/31/96 PALM SPRINGS SERVICE COLLECTION DISPOSAL RECYCLING CITY FR RECYCLING AUMIN. ADDNL LEASE MAINTENANCE UNITS SERVICE FEE SRV FEE FEE CITY FEE FEE CHARGES CHARGE FEE TOTALS TEMPORARY BIN SERVICES,cant.: 3 Cu Yard Constr. Bin: Monthly Rental(weeltly service) 55.29 21.66 9.27 10.51 7.25 103.98 Extra Pickup 17.88 5.42 1.54 3.40 1.80 30.04 SPECIAL HAUL SERVICES: 32.76 6.22 15 min.charge 8.19 1.56 Appliances 32.76 6.22 fectious Waste: .......................... .................................................................:........::......:..:.....::........::::......:::::::••:::::..... :::1•• it::ll:'::::::::•::::::::•:::::::•:i:::::•• el:it:1:::CC•IIC:::I: 1:: :••:::::: ::: ..:1:•.....5.........1.........t...tL.............i........................................................... I....t........i. ....... .. : ... ..:i I.i .i 1. 1. ..1. i U . .. 3 3 1 8.1 Per Picku 88.19 16.76 1 .2 1 8 P e ont ne B 5.47 4.32 38.57 P r C ai r 2 .78 ........�-....'.:::�..p1::..t..::I:i.......:::.1.Ini:lltl;li:::L•...1::::::...:..:.::......ili:.........i..il......1.........m.t.t.tl.ltl.:...n..t...11.t....t...t.........i......i..i..l..t..tll.f I..It......tll..l.....l..n...t.l...l....lnl.l l.....flit....1.i.l..i...tltt.l...[1[........i.l.l..l.lnitl.i..1 NOTE: COLLECTION AND SERVICE FEES INCREASE EFFECTIVE 01101197. DISPOSAL FEE WAS DECREASED 07101198. a EXAJAN97.XLS Page 4 8/31/96 i • cpx toT u1 vcb.n ctn.p..r. icrx-v)-A,lar.le - On • am....ily adjusted basis. the CDLt rose 0.1 percent in"no. its sse11asG .avant. since a •jail,, s ail ' Increase lest November. Tba Inertly Index. Mich bad risen 1.4 percent in the a-mneh period sided In my ., r-F after declining throughout mat trf 1,95, fall 2.3 percent In Jum. no index for pststrlece-based marW declined 3.7 percent in June and 11. index for ...rtly s.rvi... dropped 0.5 par...t. The fond index roe TyV 0.7 percent in June. reflectirry ear,.price increase for seats and for dairy products, eculled with _ .roller then usual price deollne. far fresh [cute/ .rul separable.. aacludim fond and energy, the CDI-u rase 0.2 percent, the dons as in my- oes" CDI N{Wy[r i T MIA OI I S]. 1.30 A.X. (IDr)I My Wll f l MC1t611Rr Call 202-409-4094 Notice CDI data are aea11J1. a GG Le•rn.G wars.. .. ..,pater a twak. they Oprml or Aaa,pe �`.•"= T deside. the 1W xntavt addr.0 S/ •ntala.D1..see•I er ann.•. data t3 We the DW hs•D..t I. tkI W.Ild`=L incur edd• N.b at •DG[pr/f•CaGa-b1a.e.I• ITk.r• 1/ h. ass rho ,fras se [W Cut tI.. u.,1c•. dear en.G I. incurred thceuph �•,-,•, ]'atr InG.ra•t a.rrle. Draad•e-1 Th. 1W halt d.•k [-Neil x-t. !hr _ WYfAT.D.lpd•ake[W.gn.+ � t 1� T•]b 1. C•n•<L•r rvi: lifer f:r ,111 Drd•h:uuhv: (tei ` ash• rrl ;•i•x far 4bn r.rt NIP 4run uC Cl .1 r mrl-vsr v-J. It) . • Is r..el t.r. a t.0 r) eel • aity Cr f le• e r Ilrtl-tl-lao. Ix. af.• ..1N1 + cr6e eon u.v- a.dJv u. 3......u, Dood- Duq •t.. r•ea.uur f r.IPu f •I•... t .J x. a H d re re of nu[ .If. Ie. ! 7•u• Jae ]] { Lr•h- Prev Pt 3`:v.• Jo• I { ,P topreut J... J.•e M• ea.n•. (r..- 1.., Ja.e x. eK I Le•e- un ass Is xn t. J... uss uss u I.,i Kos I. J.n. e.r.nu our. uuh..> Au !1::: ............. 1st.) JJ 1.1 ..1 s{.1 ].a •.1 •.1 All u... Ilii!:id:i'::::::::::............. u,.3 _ _ _ ! ls,.l _ _ _ r•eJ .d 1...r•u. ............ I31. 1., .1 .1 .i .] IeF:.J :i-A... .::::::............... .. I:b I i:! :3 l:! i:::"ri:3t na.`F3.R:':a`:d:': I13:4 1:7 1:3 1:3 1 13F:4 1;4 1:3 1:1 33:! 3:; t :"I a n... .... 1 eu. roan•.,. H•::....:. . r r„.... m.. ....:......... 335:3 3:3 :, { 13![3 3[3 A3 C Alo::uu:`3..:::d e:n`................... M.{ J.a :i .x ur., 2.1 nee•I nr .... ...........en.n•. ............... ]•i va.r 1.1 t..ur. .. . I1.:::::::::::::::::::: Ilp,o I:, .{ J.t .3 .J cI a. r.u:r.n cl ... In.r ,.) 1 .x m'J i.f , .x e t e.r r.nt qF6 ::.:::::::::::: 31.:3 S:4 ]'i :4 1 a. o...r,• .e4..F.aI r i'li ::;:•:::: n{.J e.,.II..v r I.<• Fi ...... ua.] 3:1 .• I x.mun..P : . r.l rr ,i .. . ..-• us.e ] .a :3 1 f. is ..,.-•<rd&:3i': u{,f i:, _,1 _;4 .niFtt.. z1"1`.............. un., Ls .0 .v u3.{rI;ul �`o:n.r .u,sl.. ............... M s 3:2 3.0 =:i 3 132:3 real .1 F.*. ::n::'b...:I.ii'fast ' "' nI,e l.. f1.a L{ -s.o -1.1 11.5 ).{ -..t _3.1 at Nr •`r.t c e.I......... .......... 121.1 1., i.1 -.1 : I,IJ ,d 3.2 -.S•tf ll alas .nf Pal lie• .Seas ] IS).i 1.] .t .1 IS1.} ]d II•I.•nai feral 1:n n1'ir::::1::•. lfa,5 Ia .1 .I 21.Nu.L.r.lot aev.•bnmh .v�pii.e': ,7e:• t -:i ! iioa i:i •rti 11 dad Ill.. ............••••••••••• lid.• .] n.i -.1 i la., -1 i 5 -.f Ref .n7 e...} :)r.:a'.............. 1i3:3 1. a:i =:k i32:1 1 -3:1 2 v.... . i... 3.:..... . 13s.1 �.3 _3:3 -13 iioa - IA =:2 -:1 r 130. Arr.ra un,cu l/ .................... 1,,., 1.• .x � L` TrRrl::ii u•M i... ..•........:::.:...: If,:0121.2 3.! -.5 - A<:.:`:::!'........::::::::::::::::::: 323:3It b.. ce r. ..................... ur.a - - - - - N.I.r Lehr:.::.:..................... Ill.x 7:3 is ;:! ! ffiL3 3:3 3 is d...i,n. ... '33:4 i:'> -':4 -':i i 139:1 i:i -':1 -1.3 c••:ni-:........•............ 1 Dax•t rr4v to vas :.rt.ti.. ......... Ir J.I 12 .1 .0 .{ ! If L• 1-r .1 .1 OtPr rrl o t. It. prtu l•n P lvt• .S IPJ .5 .J s e.0 fe ,or ,I Bi:! !:! 1.1 2•2 i Ite9 I:2 :S 1:3 ... ..............................i ..0<. , : : i ; :3 i Ill i) .3 .......... 1 3: . :' W. 3. I 3 S7E�:al:r:::::::::::::: 11M 1:1 :� M n 7..... v uo .J -1.• n., 32i 2 '4 -Lo -Lv r.r...a .. '. .l do, . r..d::Y: i 1.:::1 t.... . t7f .1! p pp e.r....- . .. .ill -I r '1.-. .4 li :3 312:u 11 :! c•...74u.. 1..e u:i :i::': 3Ji., i , -s -:i ] 313:t i:i h....r.u.. :a n.. .. {..<..h..'f Il1;3 s --:4 3 lu.. I _i.4 Arr•r•1 c• lt,•. ................ Sf., .t -S.S a•e....11•, le.. l..f. d..•r.h e.. _ f ....r.l .................... 11..1 ].) _.1 1. _1:] 1 1 -1.• _1., ur.m.. .... • In., 3.1 uu .f .n.ii:Y li" ::::...""•"........... u,.f Je a 15 .{IJ1 x 1.1 :3 :3 .blur v If x.l ,.t Nar.ntd...lg<r h.n r:ta.i.ev..•..r..:.:m. i..i:.:L'.: ............... I , I m { ].) HAN 3 33il 1 :1 lr.ebl 1n1•.0 •11 It... 1... 1.., ❑1.3 L) Ail fl... I... Cu.ov..::]•:::::'I)-.:.:. •' 133:3 i 3 .� .! � I�2.3 3.1 :• -.I all f • Las . ..il r ••• S:ti:. ]..: 3... ......:::::::::::::::: liN i.b 1 :3 li1.t i 3 .1 :! !.b ::J•:::::a•:::::::::: lia.3 3.2 -'_:] I 1• 3'3 -!a b M. .1 -:i lie.i e.r.IPa 1... r. t•a-��:r�i-u•::::::::::: .f i.� -:2 -:! ! I2la 3: -:2 -A 3a .3 _,A .0 Fu.. t... F.ei J': •i:: . :3 I 4:: 3:1 .. n;> e..:1:1t:.. " R{ieia .........Y:.......... 'MI -.2 .................. t.{1. ..1.) _., ii j•4•.•1..1•"Islax" • da-k.r Hu-1.0 luny .... •.-rga•u•. bd vc..d•r u,{-la, t•... - Pt•:. ".,L:b.d •. . . •n:ie• t. . u . .bL•. ..e e. ....r•<fffe d.l•. 4 B.s.(kydnlgc4 atl♦l.Y BunaU dLaEw sn4s4R Flnl a.R I.s+tl waeNllpldn,Uczortz IIII+„�IIII,III,II,III„IIIII,I I.I„IIi!III,II„III PP.I+p.WFr.g Prtl Olr-WBUWnen CLS I ]9YI Llt Wnrr IX 4s7.1 LLS DepgnawY a LYE[r 16Lfl a7:IPbh DIS!'OSAL SE; Pgm4 Na.CsTy ..n•.r f*nt a.u.•Ilb IEOh E hE:P1111E G:'E 1.0 LOX 271 PALA SI'Y.1 ALS. Ca 522L4-1Ztp Summary Data Fn a4 ggaadd gu. from the Consumer Price Wea.rd ce ad maze IaElg gM r1Y.b:LLG ,Index News Release 2060 PS8,BLS, June 1996 •SIIIiWLlb awulu l0l 1V1SZ- � -00tl J';.0 gOAIFYYYIf to abimew Wryuzl >algOsa urn pug'awas?U+alm.JwpoplalsyYp g•uavey4p g 1dj'LLSZ-9ZE�OOFL :auWd lg++alarl.DncIW OOl 'L6BS nlOpy ug npgm gldO'41 XJ�].adC 9P+sYYcyrwyd gLua '909 ZOZ:a1Xn10 OOl YVlE'909-ZAZ:gUa4d"OA'11wea1 llDtrl lW/aH%t3b'A`9 JWCCU9 SZL pJrIIYI In+.�tpphµ'(y sYUp al-P. .JM Pwl.d"Aw ..1 gpgiarW KU.lYsp L, CAl'lryS'LTAq+JYY!ur biYl llttV/JSW'a+H`aJYaL0i.4/Ml9l s!41'156LOSZS1 Yd'V6Jngs4ld'.S6lLE 011'—a ODupuad 1/raY/II.gaMJaN(yIJQ•Y'rlrl'M.g'drq,d ua9.rldgf rlgYdpWdg.yp aw .naO'aaP+O rYN up+r naAlgd gZS JaI N7gAgJg 7+adgH tl"P••Yd•r•g4Oaglod4 YV11lYrsdi+K#wgIIL ppwdit N, PMIs1+O IdOIOIDgIadAryluow aW 4g4RgM gCggP lld'OOOL Padwfg.lg N-N q SW 4 r4Yq SYa�Y'd'YFY '909'ZOZI-Id'Z IZOZ OO'WIaMheM'BSdS IN-0o '--W 4 "OWIYY"Oq&"Arpa Av MI Atq ar'1'a.d IN �g.q+»IP. tl'JP JU d Pug SYd+YWnLWY•]Ia IIaISN10'sJ11gI rIS IOQPIIa nwr'O W006 NO ca v6we]IOf)♦W l"n .I daw;-AaI..^Lvp•pcq la a1P q a W.asegd•IdO@'A Vw v"IsaM Am an.4 noA 4'000L swl+d UV P-NS1 WO aVl'u41eFldad 1a)(4*L 10 IIIal.Id Ze SYYtpI '909'ZBZ DO'uq] UOjq laj adel No 64"Ip La ggvjw we 4411M(M-Id3)WOWM Ig V.OP s w3*6NM uwpnaq WO MIN LIeP 1d3'ZU69-909-ZOZ Aaa'll IeWX4uI mj'a"asaapl In aWlZ pug UOIIWbod Mm 04110 Y+lP.ad 09 m"wrnm WFW UI AUR*-Palr*tgn"g g asagav tl+4 W4L'-Wp a]Ud JM-MIOO 'IdO)s+-x--o ua4(I ry+q W-u(i:Pg~Ij we aid:) ,al alp wO4 gleP A11Y1Y 9sapl.Ldld ldgal M pgUaladeO-s n 9,1 p twr "Pug sWd6 p 10"MYlglu Prg1 a 4"JW askd4 GIs4gSxxWjjo nga+n8 a41 uelll"goW a sILL, Na aYl/Y 0DUgsp95g OIIIJO glsgrlU 940dO)X"qy J&Avmx)O OLL ' W 3NLd0 NOLLVNVldX3 431OO •va nrJ•.. .+ri...a n ..a.. q•llu�lu,'�ll +a��.n: ... :•:'L:..{... �......:�i .•�'M'al ':: : vnn n. vl n:ir i�1.. ,vm P.. ..i11..' 'I.....:i'+ .. .. ,wI .. I. .l .. r I.l:+lll•.. . vV ....t Laul MaqY 1J] I+u+l lium ••I+a+VI ' .r.l ....11.+ V 1'Jo La.r.+J L • +. 1.{ IJ] .. IYa.I ,t1 oY !'T r r n I rcn rIs •aa nJ ................. r' r'Z 1'�fl _ T•Trl I I'1 i'Lrl 1'Irl I1 t.l..a..YLu.l.a,..p_..J.+oY 1'J rl- 1 1.1, ('ISI - ['Lfl """•••• ••• IX J.\.r Y-1(.,l.0 I r'(fl - f'.rl ll r'(rl - S'.rl ••••••••••••••••• "•l[�011 11{'il.ri i rn i lZl'..1;IU [M Y'Lsl - ! - I-I41 YY-IX '.. +a.++n.t-..l.ij p L'ISI - •• GII •a.u.I Jl.s O:fl T'1 S'ISI ['[41 {'[ (•Lfl I'111 1'111 "•aN-]C �gaia-tf'Yl...........VJ 9-1 -Is C[fl 1.1 I'l11 T'M FIN ll-L''tq pu+ {Y-.l+V.up.q+IUY ioj 1'Lsl L'ISI f'Ifl ! 1•11 L'L fl C1f1 r')SI ..... 1 -Y 1-11 'A,... q.l-t+.e-tlufp] vu. Vaa r•a a+pi L'T 1'[sl .'Z41 f'[ 1 ....•............................... g v• vsu rM rsll 1 1:1 Nisi i i11 nisi .................................... ] 1•I vfn g•cn resl ! rc L-1sl f fsl v ••••..•••••••••••••••...............PL s•an roil ['on t•[ r•In I'In I'Tn ••••••••••••••••••••............. - un.la[+In I:I FLU 1:i1! I:IllI ( i FIN i ill I illvlvv.vM s'L s•rn 1•rn L'1n s•t sv sl •..k I. 1'tsl r`Icl ......................•.. l..n 1•c 1'Ist f'csl I'RI s•c g cv (•[n r•cn ......••. 1.0v40O 0°v v D 11 i•ii I•i 1 Y - , 1 I1sl 1s1u1 n Fv1I cc e9c 1 0 vv t •t L`I 9v Hr l'lnl v;loi lvYlp+S:•:vM:t --- v]i l.in iis 4 F 1."• vY. V...g o'I d•p1 Z•111 fill Pt .'arl L•(r1 0.11, ......••• 1001;01 u.Vl wp .•[ san 1•[u c•Rl rt rrsl rrn resl • n.Y+.n.•n - v ..c. r•c v m T•iii i'ii1 ! 1'v a•[ I Is L'Isl " vvvYvaoP\L i'v 8.9.0, "1I 1•L r(r1 e'e t•c11 1•Isl resl ^• vvv vvt 1'•wl .JlY .. 1 u.V+ I+J Vi]'Y Ii.Y It )'(rl o'Yrl i't Ptsl t'ts1 t'tsl '••••"'•"""•"•• i'I i'i1i I, i1i I•isri 1 i'i i•vii o•ili s•nii ..... V..-Yv1 i'vo°v4v°al - o :is I f Vol1 1:oll F oll ! i l T 111 l:lll 1•Il1 ::::::::•999499s!) /1.... .... ... ..1 L. g'i 1'1 Ll a'KI 1'I11 I g'L ['111 1•911 t'ffl ""•••••••••••••••••• vu+p 4Ia •Z'a sL L:.ij t :::� 1SMs =IMi stuvli't liar 2"s 11111 1i11.11v 1+.aa.a + iiliu,',lvi . v-ua ' V•1•. nt...41. uqo 'g01-r1-Rill I.ar.... ... ... J.. .... ..... ... ..... .. .J J...... r.+ le-IJ]) ..••..uj]�l\i 0'll�a+l'ii r.l'iarlJ LJ ii li.0 ij l'['i 1.�3 —Mumi4111 V 11 DISPOSAL 4690 E. Mesquite Ave. • PO. Box 2711 • Palm Springs, CA 92263 • (619) 327-1351 • FAX 1619) 323-5132 August 18, 1995 RECEIVE® Mr. Rob Parkins SEP 0 5 1595 City Manager CITY CLERK City of Palm Springs 3200 East Tahquitz Canyoni P.O. Box 2743 Patin Springs, CA 92263-2743 Dear Mr. Parkins: Re: APPROVAL OF RAVE CHANGES In accordance with the terns of our Agreement it is requested that you approve changes in refuse collection rates effective January 1, 1996, as follows: 1. Increase service collection fees on Commercial and Residential customers by 2.3%. Annual CPI Adjustment Article 8, Section 8.2.1 (Page 24) of our Agreement provided for annual changes in compensation equal to changes in the Consumer. Price Index for all urban Consumers (CPI-U) for the Los Angeles-Long Beach-San Bernardino [Los Angeles-Anaheim- R -verside] Standard Metropolitan Statistical Area [1982/84 Base], as published by the Bureau of Labor Statistics. The proposed change effective January 1, 1996, is: INDEXES CPI-U, June, 1995 154.8 CPI-U, June, 1994 151.3 3.5 % Change (- 3.5%/151.3) = Net % change of 2.3 The above increase is to be applied to all rate categories. Monthly rates for service to Single Family Dwellings will therefore be adjusted as follows: Current Rate: $21.36 New Rate effective 1/1/96 $21.71 SERVICE COLLECTION DISPOSAL RECYCLING CITY FR RECYCLJNG AOMIN ApONL LEASE MAINTENANCE UNITS SERVICE FEE SRV FEE FEE CITY FEE FEE cHAR.ES CHARGE FEE TOTALS EXHIBIT A RATE SCHEDULE(AGREEMENT ORIGINALLY EFFECTIVE 10/01/92) AN INCREASE INSERVICE FEES' BECOMES EFFECTIVE 111196 CAN SERVICE: SFR/month SF units 10.82 5.89 3.49 1.08 0.43 21.71 Ea addnl can 5.39 2.85 0.54 8.78 Multiple Res/month Each Unit 10.82 5.89 3.17 1.08 0.36 21.32 Ea addnl can 5.24 2.85 0.52 8.61 Coml Can Sam/month Each Unit 11.72 5.89 3.26 2.23 0.36 23.46 Ea addnl can 5.84 2.85 1.111 9.80 Small Hotel Sam First Unit 11.72 5.89 3.26 2.23 0.36 23.46 Ea addnl unit 3.24 2.85 0.62 6.71 BIN SERVICE: 1.5 Cubic Yd Bin First Weekly PU 40.41 12.32 4.58 7.68 0.84 65.83 Ea Addnl PU 27.40 12.32 4.58 5.21 0.84 50.35 1.5 Cubic Yd Bin EX PU First Bin 34.05 3.08 1.15 6.47 0.21 44.96 Ea Addnl Bin 6.47 3.08 1.15 1.23 0.21 12.14 2 Cubic Yd Bin First Weekly PU 43.63 18.65 6.12 8.129 0.90 77.59 Ea Addnl PU 29.70 18.65 6.12 5.64 0.90 61.01 2 Cubic Yd Bin EX PU First Bin 34.85 4.66 1.52 6.62 0.22 47.87 Ea Addnl Bin 7.04 4.66 1.52 1.34 0.22 14.78 3 Cubic Yd Bin First Weekly PU 56.52 27.80 9.16 10.74 1.02 105.24 Ea Addnl PU 39.04 2780 9.16 7.42 1.02 84.44 3 Cubic Yd Bin EX PU First Bin 38.09 695 2.28 7.24 0.25 54.81 Ea Addnl Bin 9.76 6.95 2.28 1.115 0.25 21.09 4 Cubic Yd Bin First Weekly PU 66.69 36.87 12.22 12.67 1.13 129.58 Ea Addnl PU 44.29 3687 12.22 8.42 1.13 102.93 4 Cubic Yd Bin EX PU First Bin 40.62 9.22 3.05 7.72 0.28 60.89 Ea Addnl Bin 11.07 9.22 3.05 2.10 0.28 25.72 EXAJAN96.XLS Page 1 8/11/95 SERVICE COLLECTION DISPOSAL RECYCLING CITY FR RECYCLING ADMIN ADDNL (EASE FMINTENANCE UNITS SERVICE FEE SRV FEE FEE CnY FEE FEE CHARGES CHARGE FEE TOTALS ADDITIONAL CHARGES RELATED TO SIN SERVICE ................................................................... : Return Trips-Inaccessable Bins 4.55 23.94 28.49 Redelivery charges-Removed Bins non-payment 141A NIA N/A Sin Relocation Chrgs(Requesfed( First Bin 4.43 23.31 27.74 Relocate Ea.Add.Bin 1.51 7.96 9.47 Roll-out charges-first Bin 7.37 38.81 46.18 Curb Charges 7.37 38.81 46.18 Lacking Bin Charge 8.42 44.31 52.73 Contractor Provided Lock 2.83 14.88 17.71 Clean&Wash Bin(first Bin) 8.42 44.31 52.73 Clean&Wash (Ea.add.Bin) 3.61 19.00 22.61 DROP OFF-BOX SERVICE: 13 CUBIC YARD BOX: 75.96 93.05 19.58 14.43 2.33 205.35 20 CUBIC YARD BOX: 75.96 93.05 19.58 14.43 2.71 205.73 a CUBIC YARD BOX-COVERED: 91.77 93.05 19.58 17.44 2.71 224.55 30 CUBIC YARD BOX: 107.04 139.16 29.45 20.34 3.24 299.23 40 CUBIC YARD BOX: 126.61 186.00 39.27 24.06 3.77 379.71 IADORIONAL CHARGES RF1ATED I I TO pROPOFF-BO%SERVICE'____J Hard to handle Material(per cu.yd.) 14.24 per cubic yard Return Trip or Relocate Box 4.43 23.30 27.73 Redelivery Charge 11.33 59.64 70.97 Clean and Wash Box: First Box 8.42 44.31 52.73 Each Additional Box 3.61 19.00 22.61 COMPACTOR SERVICES: B CUBIC YARD COMPACTOR 45.62 13.97 6.38 8.67 1.19 75.83 20 C URIC YARD C OMPACTOR 234.28 186.05 58.74 44.51 9.75 533.33 b CUBIC YARD COMPACTOR 321.06 278.32 '88.36 61.00 11.86 760.60 nO CUBIC YARD COMPACTOR 386.23 372.04 117.81 73.38 14.17 963.63 COMPACTOR SERVICES PER 60-MONTH LEASE: 3 CUBIC YARD COMPACTOR 64.07 272.71 64.51 401.29 20 CUBIC YARD COMPACTOR 71.00 309.20 64.51 444.71 50 CUBIC YARD COMPACTOR 109.11 509.75 64.51 683.37 40 CUBIC YARD COMPACTOR 127.74 607.78 64.51 800.03 _________________ ADGR10NAL CHPAGFS RFCATSS I TO COMPACTOR SERVICES' I Turn around fee 8.92 46.93 55.85 TEMPORARY BIN SERVICES' 3 CUBIC YARD BIN: 4-Day Rental 47.52 6.95 1.52 9.03 0.23 65.25 Extra Pickup 17.67 6.95 1.52 3.36 0.23 29.73 3 Cu Yrd Sad Rsdntl Cleanup Bin: 4-Day Rental 30.77 6.95 1.52 5.85 0.23 45.32 Extra Pickup 17.67 6.95 1.52 3.96 0.23 29.73 EXAJAN96.XLS Page 2 8/11/95 SERVICE COLLECTION DISPOSAL RECYCLING CITY FR RECYCLING AOMIN AOONL LEASE MAINTENANCE UNITS SERVICE FEE SRV FEE FEE CITY FEE FEE CHARGES CHARGE FEE TOTALS TEMPORARY BIN SERVICES,cant.: 3 Cu Yard Constr.Bin: Monthly Rental(weedy sentcel 54.63 27.80 9.16 10.38 1.02 102.99 Extra Pickup 17.67 6.95 1.52 3.36 0.25 29.75 SPECIAL HAUL SERVICES' 32.37 6.15 15 mm.charge 8.09 1.54 Appliances 32.37 6.15 Infectious Waste: 16.56 13.07 Per Pickup 87.14 116.77 Per Container 28.44 5.40 4.27 38.11 NOTE:COLLECTION AND SERVICE FEES INCREASE EFFECTIVE 0 mim. DISPOSAL FEE WAS INCREASED LAST 07A1 M. EXAJAN96.XLS Page 3 8/11/95 Note:DISPOSAL FEE=DUMP FEE Nate:City Fran Fee will be based on a%of the Collection Service as established by the Contract.WAS 13%, 15%EFF 1/1/94,17%EFF 1/1/95 Note:BEGINING REC SERVICE FEE WAS 3.56-.29 YARD WASTE FEE-.19 FEE FOR SERVES FROM MAY TO DEC 1993=3.08 AS BASE FIGURE*CPI FOR NEW RATE. 7995= 3.41-.29=3.12=REC SERVICE FEE*2.3%+3.12=3.1918=NEW BASE RATE FOR REC SERVICE FEE .29 YARD WASTE BASE FEE.29*2.37.+.29=.2967 ADDING THE 2 BECOMES 3.49 Note:BASE RATE FOR REC SERV FEE-GR GEEN WASTE IS 3.12 OR 3.7183;((3.1183*2.3%)+3.1183))*.1333=.43 NEW REC ADM FEE Note:BARBARA HAD THIS AMOUNT"N/A"DUE TO THE FACT WE NO LONGER HAVE THIS SERVICE. AMEND#2 PRECLUDES REMOVING BINS FOR NO-PAY, SO NO"REDELIVERY CHARGE'APPLIES. Note:"Redelivery Charge for Non-Pmt." will delete"for Non-Pyf"per Barbara Note:I HAD TO TAKE THE FORMULA OUT OF THIS CELL AND ROUND THE FINAL RESULT BECAUSE THE COMPUTER WOULD NOT ROUND UP???? Note:INFECTIOUS WASTE IS BEING BILLED BY BFI &WERE PASSING THRU THE FEES. PSDS IS INCREASING COLLECTION SERVICE FEES BY 23%&THE CITY FF FEES FROM 177.TO 79%,PER RICK WADE Note:THIS ADMAN FEE IS AUTHORIZED BY I.INFECTIOUS WASTE RESOLUTION 2.CITY INCREASED ADMAN FROM 10%TO 15%10/92 ON EX-A EXAJAN96.XLS Page 4 8/10/95 Mr. Rob Parkins August 18, 1995 Page 2 A revised Exhibit"A" is attached for your review. Please indicate your approval of these changes by signing and returning a copy of this letter. RELATED MATTER: Franchise Fee Adjustment Although not a part of this request, we would also remind you that effective January 1, 1996, the amount of the Franchise Fee due to the City for revenue from all categories except residential can service will increase from 17% to 19% (Article 2, Section 3.3, Page 8). Franchise Fees for residential can service will remain at 10% of revenue. Sincerely,, , Rick Wade General Manager / cc: Mr. Tom _anarr, Finance Dir ! Approved: S7 3 15 .5 0 rkins, Ci Manager Date Table 2. Consumer Price Index for All Urban Consumers (CPI-U) and Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W): Selected areas, all items index (1982-84-100, unless otherW ise noted) CPI-U CPI-W Indexes Percent Indexes Percent Are. change to change to June 1995 June 1995 Appr. Mayy June from- Appr. Neyy June from- 1995 1995 1995 June 1994 1995 1995 1995 June 1994 U.S, city average .............I........ 151.9 152.2 152.5 3.0 i 149.3 149.6 149.9 3.1 Reston and area size I/ Northeast-u rHere than'1,200.060'........ 159.0 159.2 159.6 2.7 155.4 155.7 156:1 2:8 Size C - 50,60U0 to 500?000000 :::;:: I57.0 15].1 15].3 2.0 158.E 158.0 158.9 2.8 North Central urban .................... 148.1 148.3 148.7 3.3 145.0 145.2 145.6 3.3 Size B - 360e000 ata1123000000'....... 146.9 147:3 147,7 3.3 l 143.4 143.9 146.2 3.4 Size C - 50,000 to 360,000 .......... 149.5 150.0 149.9 3.6 146:9 147.5 147.4 3.7 Size D - Nonmetropoli[an (less than 50,000) ......... 143.9 144.6 145.4 4.0 142.2 142.9 143.7 3.8 South urban .... .. ...... 148.4 148.8 149.1 3.0 147,0 147.4 147.a 3,2 Size A - More than l•100 000 ........ 148.3 148.7 148.8 2.4 I 146.4 147.1 147.2 2.6 Size B - 450 000 [0 1 200 000 ....... I50.9 150.8 151.3 3.2 147.4 147.4 147.8 3.2 Size C - 50,000 to 450,000 .......... 147.3 147.6 148.5 7.5 I ]47.3 147.8 ]48,6 3.7 Size D - Nanme tropuli[an (less Ihan_50,000)_ ......... - 1.47.1 1_48.0 __ _ 14Z.8_ _ __ 3.7_ 1___147.3 _148.2 _ _ 148.1 _ _3,8 West urban ............. ....... 153.2 153, 5 153.6 3,2 150.3 150.6 150.7 3.1 izC5 , hto 000 ... ... 155.9 1 p 166 55 539 153 1530 0 1 8 :8 5:1Se 000 300 6 6 Size classes A 2/' ................................. 137.5 137.7 137.9 2.7 136.6 136.8 137.D 2.8 B -................................... 151.6 151.8 152.1 3.1 I 148.9 149.1 149.4 3.0 C ...... ....... .................... 151.0 151.4 151.8 3.7 150.2 110.7 151.1 3.8 D ...................................: 147.7 148.5 148.9 3.8 I 147.0 147.9 143.2 3.8 Selected local areas Chicago-Gary-Lake County, IL-IN-WI...... 153.1 153.0 153.5 3.6 148.3 148.2 148.5 3.4 Los Anteles-Anaheim-River aid e e , CA MJT 54 7 55.1 154 8 2.3 149.5 149.a 7 2,5 N.Y.-Northern N.J.-Long IslanNY- 161.4 1618 162.2 28 1 8 1 49 Phil.-Wilmington-Trnntonn PA-NI-DE-MD 575 150 SB.4 27 57.4 157 4 158.1 2.5 San Francisco-Oalad-Ba Jose, CA ... 151.5 151.3 I5I.7 2.4 144 149.0 149.6 2.7 Baltimore. MD .......................... - 150.4 - - - 149.4 - - Baston-Lawrence-Salem, NA-Nil ........... - 157.7 - - - 156,5 - . - CI<veland-Akron-Lorain, 011 ............. - 147.4 - - I - 139.9 - - Miami-Fort Lander dal e, FL ........ - 148.6 - - - 146,8 - - St. Louis-East S[. Louis, MO-1L•........ - 144.6 - - I - 144.2 - - Washington, DC-MD-VA ................... - 154.7 - i - 152.3 Dallas-Fort Worth, TX ................. 145.0 - 144.4 2.1 I 144.5 - 144.4 2.7 Detroit-Ann Arbor, NI ......... ........ 148.1 - 148,3 2:4 143:6 - 143:7 2:5 Houston-Galveston-Brazoria TX .... .... 138,0 - 139.9 1.8 I 137,6 - 1395 1.B Pittsburgh-Beaver Valley, PA ........... 148.9 - 149.2 3.6 I 142.6 - 143:0 3.a 1/ Regions defined as the four Census regions. See map in technical notes. Z/ In exes on a December 1986-]00 base. Data not available. NOTE: Local area CPI indexes are byproducts of the national CPI program. Each local index has a smaller sample size than the national index and .s, therefore, sub]ect [o substantially more same lint and other measurement error. As a result, local area indexes show treater volatility than the national index, althe ugh their loot-tern tY en do are similar. Therefore, the tlu reau of Labor B[atis[1cs strongly urges users to consider adop tint the national average CPI tar use in their escalator clauses. BRIEF EXPLANATION OF THE CPI The Consumer Pdce Index(CPI) Is a measure of Ilia average Mora Mall..This news release from the Bureau of Labor Statistics change In prices over 0ma In a fixed market basket of goods and of they U.S.Department of Labor provides summary data from the services. Two CPIs are published: 1) The CPI for All Urban Cinsumerlarka Index.Thefull release is available elacironlcallyal Consumers(CPI-U)which covers about 80 percent of the total release lines.Forinfonnation,ca11202-606-5902.CPI dalaalso ere population and 2)the CPI for Urban Wage Earners and Cledmil available on diskette and tape.For Information,at 202-606-7000. Workers(CPI-W)which covers 32 percent of the total population. If you have anyquestlons aboulthe CPI,please writeto the Bureau The CPI is based on prices offood,clothing,shelter,transportation, of borSlatisfics,Divislonof Consumarlarien and Price Indexes, medical rare,and other goals and services that people buy for Room 3615PS,Washington,DC 20212,orca11202-606-7000.Full day-today living.In calculating the Index,price changes for the deist is available In Iha monthly periodical CPI Detailed Report, various Items In 85 locations are averaged together with weights available for$23 peryear from New Orders,Government Prinflng which represent 8aelrlmportance In 0lespending ofthe appropriate office, P.O. Box 371954, Pittsburgh, PA 15250-7954. This population group. Indexas for different months are usually Information will be made available to sensory Impaired individuals aompvrad/nm1stipe tarn . Thus,anlndexof 133.5/s 1.06311mes upon request. Voice phone: 202-606-STAT, TDD phone: h/gherlhanan Index of125.6(133.51125.6=L063),•In other words, 202-4306-5897,TDD Message Referral Phone:1-800-326-2577. pr/cas lmmased 6.3percent.The CPI is used as an lndleator of Fora recordedmessageo(summary CPI data,call 202-606-STAT. Inflation,a deflalorof other economic sedes,and as an escalator for Income payments. 'ZIZ0300'u016ulyseM 966L ounr si8'esd099a asea1aa sMaN xapuI •wd'e6ueyp sselppy •081 6u!Ilewe plo opnlaul estiold 3iad aawnsuoo ay} woal 'nitippel0 e6ueyolo- mea Aa>1 w m n S UT53-49'l,Z6 V:1 `S5iQIh1dS WIV.:I TR X013 011 - 3AV 3III1093f 3 0606 MIS IVS0dSI0 33P1Ius NIVd 06TZ:i :ON .10HO:15n 1 Ztl,'C :156"I 818 Inliliiilllilillnlllliinliliillillnlnilli1111Tlinill11 OOC$esn oivApd rot Atoned 861-9'3N 1Htued sseuisnR 1e1316o Joged]o luawlledeU•s•n pled saaU pull e6elsod sollspZ4ZOZ j o'uoII nailing IIeW ssep 1s1L�1 jocta- jo Jo uip!o neeing 3oge710 luewpedeo'S'fl CPI for All Urban Consum.rs (CPI-U)-Analysis On a seasonally adjust sip, the CPI-U rose 0.1 percent in Ju The food index rose 0.1 percent in June, the same as in May. *gy costs advanced for the third conse�e month--up 0.5 percent in June. Excluding food and energy, the CPI-U advanced 0,2 percent for the second consecutive month, after registering an increase of either 0,3 and 0.4 percent in each of the first 4 months of 1995. The moderation in the last 2 months resulted, in part, from a downturn in the indexes for used cars and automobile finance charges, each of which had risen sharply during the ',first 4 months of 1995. NEXT CPI PETRASE: JULY DATA ON AUGUST 11, 8:30 A.M. (EDT); TRY OUR CPI QUICXLIUZ: call 202-606-6994 Notice: CPI data are now available on the Internet ,worldwide computer network. Use GOPHER or Anonymous FTP access; the BLS Internet address is "stata.bla.gov", or access data through the BLS home page on the World Wide Web: http://stats.bla.gov (There is no charge from BLS for this service. Any coat is incurred through your Internet service provider.) The BLS help desk E-Mail I.D. is: LABSTAT.helpdeak®BLS.gov Table 1. consumer Price Index for All Urban Consumers (CPI-U) and Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-w): u.s. city average, by expenditure category and commodi t;y and service Croup (1982-64.100. unless otherwise ..Led) CPI-U GPI-W U..d- Unadjusted Seasonally Unad- UnodJu-led Seasonally I. percent chance to adJU,C rd Jus Led pert ent ChanLe to adJ us Led 3 ndex es June 1995 from- percent nda.a June 1995 from- pe teen[ June June Mayy chance from- June June May cheulLe from- 1995 1994 1995 May tm June 1995 1994 1995 May t0 Jose Expenditure category Ail items 152.5 3.0 0.2 0.1 149.9 3.1 0.2 0.1 All items (1967.100) ....................... 456.I - - - 446.5 - - - Food and beverages 148.4 2.9 -.2 .1 147.8 2.8 -.2 .0 Food .. 147,9 J.1 -.] .1 147.4 2,9 -.2 .1 Food at home ...... 148.I ]. -.4 .0 147.2 3,4 -.4 .4 Cereals and baker ind do is .. .. 167.5 2.5 .5 .2 167, 2.6 .6 Meats, poll try, [d.b, and eege ..... 137.1 -.1 -.1 -.2 136.0 -.3 -.2 -.2 Dairy products 132.2 .0 -.5 -.9 131.9 -.2 -.5 -.8 Fruits and vegetables . 177.5 9.8 -1.9 .7 17 .7 9.7 -1,7 •8 Other food at home . 140.6 5.8 -.1 .0 140.2 5.7 -.1 .1 Sugar and sweets ..... 137.3 I.0 ,0 .2 117.3 1,9 .0 .2 Fats and oils 136.4 2,2 -,5 -.3 I I36.3 2.2 -.4 -.3 Nonalcoholic beverages . 131.5 13.6 -.2 -.2 130.7 12.5 -.2 -.2 Other prep.red food ...... 151.2 2.7 -.1 .l 1g1.0 2.8 .0 .I Food ..a Pram home .. 148.8 2.3 .l .l 1 148.7 2.3 .1 .l yy ................. Aleoh. is beverages 154.0 1.5 .I .1 ISJ.4 l.4 .0 .0 Iiousing ... .............................. 148.5 2.5 .6 .2 1 5.5 2.4 .6 .1 Shelter 165.5 3.4 .4 .2 160.9 J.3 .4 .2 Renters' costs l/ .................... 174.7 3.0 .6 .1 152,E 2.9 .4 .1 Rant, residential 157.(5 2.7 .2 .2 157.2 2.7 .2 .7 Other.as wA ra�[C OaCCC1/t`.L•1'• ••••...... ICI D.B ,],31.5 1.4 .2 1555.6 J.55 l.3 .2 H aasehol d9lncuraacerl7t ,/ .. 158.1 4.1 .4 .1 I,479.1 4.4 .4 .0 M a Mal d Ce...cen6nEe r pa irZiervicei §j . 139.4 3.0 .0 .0 143.4 2.4 .1 .l Maintenance and repair c omvodlCiea 2/ 129.0 2.2 .7 .7 I 12].8 2.0 .5 .5 Fuel and other ut111ties ... 125.0 .6 2.0 .4 124.E .5 2.1 .] Fuels ....................... ........ 113.8 -.1 3.6 .5 113.1 -.4 ].7 .5 Fuel o1L ntl other household fuel c..modifies 87.9 .2 -,5 .7 87.8 .2 -.5 .7 Gas (piped) and electricity lenereY service.)....................... 121.9 -.2 4.0 .5 121.1 -.3 4.1 .4 Other utilities and public , service• 2// 112.7 1.5 .J .3 153.2 1.4 .3 .7 [coach., Lu iniLhicpi and cperitldc .... 122,5 .9 -.2 -.2 121.3 1.1 -.2 -.2 Iloue e f urni.hinis .. ......... 110.7 -.8 -.3 -.2 109.5 -.5 -.] -.2 Ilo us eke arias suPPlles ..... .... 1]6,4 ].0 .0 -.I 176.7 ].0 ,l .0 1l ousek ee pi cervices ....... 46 ................ 14].l ].4 -.1 -.3 1 .1 4,1 Apparel and upkeep ....................... 130.5 -2.5 -2.2 -.3 1 129.6. -2.1 -1.9 -.1 A Pgc nos a Ad buysle.?p.rF1 .............. 125.5 -2.8_3 -1.9 -.6 125.6 _2.2 -1.7 -.5 Woman's and Girls apparel............ 124.4 -5.5 -4.0 7 123.2 -4.9 -3.a -.6 Infants' and toddle re apparel ... 121.6 -5.3 -1.6 -1.9 122.4 -5.6 -1.2 -l.5 F mACwear ...... 124.6 -2.1 -1.6 -.] 125.5 -2.1 -1.5 -.] Other apparel cdmmddities . 153.6 2.6 2.2 2.9 151.5 2.2 3.1 3.8 Apparel services 2/ 156.9 .9 -.5 -.5 156.5 1.0 -.4 -.4 Transportation ....... 141.1 5.5 .6 .4 I40.8 5.9 .5 .2 Private transPc rtatidn . ........ 137.9 S.l .7 .0 1]8.7 5.9 .] -.l Nev vehicle. ...... .. 141.0 2.6 -.1 .2 141.8 2,6 -.1 .2 Nev care .. 139.1 2.4 -.1 .1 1]8.7 2.3 -.1 .1 Used cars ........... 158.3 12,3 .4 -1.1 159.1 12.4 .4 -1:a Motor fuel ........... 106.1 8.0 1.8 .3 1,06,2 8.1 1.9 Gasoline ... 106.3 8.6 2.0 .4 106.4 8.7 2.0 .4 Maintenance ands repairi . . .. 357.E 2.5 -.1 -.1 154,5 2.7 -.1 .l other private transportation. ...... 169,9 5.J -.4 -.1 166.0 515 -.] other private transportation c...0 diti as I................... 104.6 1.2 -.1 .1 103.8 1.0 -.1 .I Other private transportation services 1815.1 5.9 -.4 - 2 181.6 6.4 -.] -.3 Public_ t ra nsporLatlds.................. 182.5 7.4 3.3 5.1 177.2 6,8 2.7 ].6 Medical care 219.8 4.5 .2 .3 219.2 4.5 .2 .3 Medical care cdmm dines 203.8 1.6 .2 .] 201,5 1.4 .2 .2 Medical care ervice. 223.5 5.1 .2 .3 223.2 5.2 .3 .4 Professional medical services........ 200.8 4.4 .3 .3 201.9 4.6 .l .] SL ¢n Le rtainment .... IS].2 2.3 -.] -.2 151,2 2.2 -.2 -.1 Ea Lertainmenf�commedities . 1]8.1 L S ,0 .I By.4 1.] -,1 .1 Rn Certai....t services ................. 171.2 2.9 -,3 -A 171.4 ].0 -.1 -,] Other soods and services ................. 205.3 3.9 .2 ,4 j 203.a ].7 .2 .4 T mbaccm and ...kin, predicts ........... 226.4 2.6 .5 .9 I 226.5 2.6 ,5 .9 Pe rsvAsI ire 2/ ...... 146.7 1.0 .l .1 I46.B 1.0 .O .0 Toilet And and personal care aPP liancas 2/ ... 142.8 .7 -.1 -.i I43 5 ,8 -.1 -.1 Personal care earvicesl/ ... ..... 151.0 1.5 .] .] 150.9 1.] .2 .2 Par....I and educati...I expenses .... '232.5 5.3 .1 .] 223.4 5.2 .2 .2 school books and sup p lies .. 212.7 4.0 .2 .4 21J.6 3,5 .2 .2 Personal and educati on.l 6eYV{cee .... 234.2 5.3 .1 .4 i 229.8 5.2 1 .4 Commodity and service croup All items ................................ 152.5 3.0 .2 .I 1461 9 ].1 .2 .0 Commodities ............... 136.6 2.3 -.2 .D IJ6,7 2. -.1 Food and beverages . I48.4 2.9 -.2 .1 147.a 2,8 -.2 .D C Ammo diCiea le.s [mod add beverages . 129.4 2.0 -,2 .0 1 129.9 2.6 -.1 .1 Nondurable& less food and beverages .. 1]0,4 l.6 -.] .l I f70.] 1.9 -.2 .2 Apparel commodities ................ 127.1 -2.8 -2.4 -.2 126. -2,5 -2,1 -.1 Nondurab lea less food, beverages, 135 1 ] B 7 7 ; 135.2 4.0 .7 .7 Duraband apparel 2/ p6 _ p6g _ Sara [sflshelter�lj...................... 172.2 3.4 ,4 ,] 154.8 3.3 .4 .2 Ilo us[hold services less rent of shelter l/ 139.5 1.3 1.8 l 128.2 ).6 1.8 .7 ^,an&PArt:aLn cercicos . ............ 6.0 .6 .5 1.0 7 .6 .5 Medical care service. .......... 223.5 S.l .2 .3 ; 223.2 5.2 .] .4 .. ... Other services 191.5 3,9 -•1 .1 188,5 ].9 -.1 .1 Special indexes All items lea. food ........................ IS].] 3.0 ,] .2 150.3 3.1 .3 .2 All items less halter ..�. 148.8 2,9 .1 .2 I 1i7.1 ].0 .I .1 All items lees homeown ere cdste lj ........ 153.7 2,9 .2 .2 141.0 3.0 .2 .1 All items less medical care ..... .......... I48.] 2.9 .2 .2 166.6 2.9 .2 .1 Commodities less food ... 130.4 2.0 -.2 .0 I30.a 2.5 -.1 .l Nondurables less fond 131.7 1.5 -.3 .2 131.6 1.9 -.2 .2 Nondurablea less food and apparel _j ....... 136.0 ].5 .6 .6 I36.0 ],7 .7 .1 Nondurables 139.6 2.3 -,2 .1 139.4 2,4 -.1 .1 gervaces lesarent otsbelte rlj ........... 116.9 ].B .6 .] , 157.7 ].1 .6 .] Services less medical care cervices 16].5 3.4 .6 .2 161.1 J.l .6 .2 Energy .............. ..........I. ...... 109.3 3.4 2.a .5 109.0 3.7 2.8 .4 All items less enerLY ... 158.3 3.0 .0 .2 I55,7 3.a .0 ,1 All items less food and*enerey ........... 160.9 3.0 Ali .I .2 157.9 3.1 .1 .1 C....At[iss less fond and energy commodities .. ....... 138.9 1.2 -.5 -.1 1 138.6 1.7 -.4 .0 ¢ne ray ommmdieies . 104.] 1.] 1.7 .4 114,8 7.5 1.6 .] Services leas nereY services. 171.4 3.8 .J .] 1]0,9 ].B .2 .2 PA tell:sln6 PPAVer OI [he CAnaAm[r dollar:'• 1982-84-5 MO :/ $.656 -3.0 -.2 -.2 g.667 -3.l -.1 -.I 1967-SI.00 2/ .219 - - - 1 .224 - - 1/ U-population indexes on a December 1992-100 base; W-population indexes en a December 1984-100 base. Z/ Not easonall adjusted. Data no[ vailab le. NOIR; Index applies to a month a. a whole, not to any specific date. Palm Springs Disposal Amend #3-Waste Disposal Contr AGREEMENT #3082 M05756, 6-19-96 AMENDMENT NO. 3 TO PALM SPRINGS WASTE DISPOSAL CONTRACT THIS AMENDMENT NO. 3 (the "Amendment") amends that certain agreement (Agreement No. 3082) by and between the CITY OF PALM SPRINGS ("City") and PALM SPRINGS DISPOSAL ("Contractor") and amends that certain Agreement for Waste Disposal Services dated March 18, 1992 by and between the same parties, as such Agreement was amended by Amendments No. 1 and 2. The parties hereto agree to amend the Agreement by the terms of this Amendment as follows: Section 1. That certain Exhibit A to the Agreement is hereby deleted and a new Exhibit A is substituted in the form ,attached hereto as Exhibit A. Section 2. The effective date of this amendment is July 1, 1996. Section 3. Except as expressly stated herein all the terms and conditions of said Amendment shall remain unchanged. IN WITNESS WHEREOF, the parties hereto do hereby set their hands and seals as of the day and the year first written above. "'CITY" CITY OF P RING a munic al corporati 8y: City Mana -r AT✓T'ES-T City--Clerk AV AP PR VED AS TO FORM: B.� NO. �. g1` r- City-LA torney ' / /'' i _; ' CONTRACT R' PALM✓§PR7,N-- I 8t• POSAZ SER,y'T CES, i ali 'tnia rp 1 n" ame: ff vnN S- OIV v+n? ,F7ifw1 __- ,...T1tle: f il— :d.,-,� Address: 03 X aL D 1 _�.r�-L Vv1 a'r"4 y� I A.7<r�.5� G sl- �/a1-d-f��3•-�2�7 C� ATTEST: Secretary 1 1 �� . . 4690 E. Mesquite Ave. • PO Box 2711 • Palm Springs, CA 92263 • (6191 327-1351 • FAX (619) 323-5132 August 29, 1994 SEA Mr. Rob Parkins City Manager City of Palm Springs 3200 East Tahquitz Canyon Way P.O. Box 2743 Palm Springs, CA 92263-2743 Dear Mr. Parkins: Re: APPROVAL OF RATE CHANGES In accordance with the terms of our Agreement it is requested that you approve changes in refuse collection rates effective January 1, 1995, as follows: 1. Decrease Single Family Rates by 0.05%; and, 2. Increase service collection fees on all other rate categories by 1.1%. Reduction Of Single Family Rates Amendment No. 2, Section 2, to our Agreement initiated a Yard Waste Collection program mid-May, 1993. In order to avoid hitting consumers with fee increases in successive billing periods, the fee increase for the Yard Waste program was postponed until January 1, 1994. At that time a monthly fee of $0.48 was added to the Recycling Fee ($0.19 of which was to be collected for twelve consecutive months to reimburse PSDS for uncompensated services provided during the period May through December, 1993.) This portion ($0.19) of the fee is to terminate December 31, 1994. Mr. Rob Parkins August 29, 1994 Page 2 Annual CPI Adjustment Article 8, Section 8.2.1 (Page 24) of our Agreement provided for annual changes in compensation equal to changes in the Consumer Price Index for all Urban Consumers (CPI-U) for the Los Angeles-Long Beach-San Bernardino [Los Angeles-Anaheim-Riverside] Standard Metropolitan Statistical Area [1982/84 Base], as published by the Bureau of Labor Statistics. The proposed change effective January 1, 1995, is: CPI-U, June, 1994 151.3 CPI-U, June, 1993 149.7 1.6 % Change +1.1% (1.6 / 149.7) The above increase is to be applied to all rate categories. Rates for service to Single Family Dwellings will therefore be adjusted as follows: Current Rate: $21.37 New Rate effective 1/1/95 $21.36 A revised Exhibit "A" is attached for your review. Please indicate your approval of these changes by signing and returning a copy of this letter. RELATED MATTER: Franchise Fee Adjustment Although not a part of this request, we would also remind you that effective January 1, 1995, the amount of the Franchise Fee due to the City for revenue from all categories except residential can service will increase from 15% to 17%. (Article 2, Section 3.3, Page 8). Mr. Rob Parkins August 29, 1994 Page 3; Franchise Fees for residential can service will remain at 10% of revenue. We estimate that the change for commercial revenue will produce an average of approximately $3500.00 to $4000.00 per month in additional Franchise Fee Revenue for the City. Sincerely, /'11� Rick Wade General Manager Approved: Rob Park Ci y anag Date cc: Mr. Tom Kanarr, Finance Director 0 0 SERVICE couecrooe OISPOSgL NECYCNNG CRY He RECYCLING A.Rru AnDHL LEASE MAINTENANCE 11NR5 SEflVICE FEE SPV FEE FEE CRY FEE FEE eNARGFS CHARGE FEE TOTALS EXHIBIT A RATE SCHEDULE(AGREEMENT ORIGINALLY EFFECTIVE 10101192) AN INCREASE IN 'SERVICE FEES" BECOMES EFFECTIVE I/1/95 CAN SERVICE. SFR/month SF units 10.58 6.89 3.41 1.06 0.42 21.36 Ea addnl can 5.27 2.85 0.53 8.65 Muf it Res/month Each Unit 10.58 5.89 3.10 1.06 0.35 20.98 Be admI can 5.12 2.85 0.51 8.48 Cued Can Sprv/month Each Unit 11.46 5.89 3.19 1.95 0.35 22.84 Ea addnl can 5.71 2.85 0.97 9.53 Small Hotel Sery First Unit 11.46 5,89 3.19 1.95 0.35 22.84 Be addnl unit 3.17 2.85 0.54 6.56 BIN SERVICE: 1.5 Cubic Yd Bin First Weekly PU 39.50 12.32 4.48 632 0.82 63.84 Ea Addnl PU 26.78 12.32 4.48 4.55 0.82 48.95 1 5 Cubic Yd Bin EX PU First Bin 33.28 3.08 1.12 5,66 0.21 43.35 Ea Addnl Bin 6.32 3.08 1.12 1.07 421 11.80 2 Cubic Yd Bin First Weekly PU 42.65 18.65 5.98 7.25 0.88 75.41 Ea Addnl PU 29.03 18.65 5.98 4.94 0.88 59.48 2 Cubic Yd Bin EX PU First Bin 34.07 4.66 1.49 5.79 0.22 46.23 Ea Addnl Bin 6.88 4.66 1.49 1.17 0.22 14.42 3 Cubic Yd Bin Ent Weekly PU 55.25 27.80 8.95 9.39 0.99 102.38 EA Addnl PU 38.16 27.80 8.95 6.49 0.99 82.39 3 Cubic Yd Bin EX PU First Bin 37.23 6.95 2.23 6.33 0.25 52.99 Ea Addnl Bin 9.54 6.95 2.23 L62 0.25 20.59 4 Cubk Yd Bin First Weekly PU 65.19 36.87 11.94 11.08 1.11 126.19 Ea Addnl PU 43.29 36.87 11.94 7.36 1.11 100.57 4 Cubic Yd Bin EX PU First Bin 39.71 9.22 2.98 6.75 0.27 58.93 Ea Addnl Bin 10.82 9.22 2.98 1.84 0.27 25.13 ...................................... ................... ADDITIONAL CHARGES PELATm TO pIN SENVILE .......... ........................................... i Return Trips-Inaccessable Bros 3,98 23,40 27.38 Redelivery charges-Removed Bins non-payment 9.91 58.30 68.21 Bin Relocation Chrgs(Requested) First Bin 3.87 22.79 26,66 Relocate Ea Add Bin 1.32 7.78 9.10 Roll outcharges-first Bin 6.45 37.94 44.39 Curb Charges 6.45 37.94 44.39 Locking Bin Charge 7.36 43.31 50.67 Contractor Provided Lock 2.47 14.55 17.02 Clean&Wash Bin(first Bin) 7.36 43.31 50.67 Clean&Wash(Ea.add.Bin) 3.16 18.57 21.73 EXAJAN95.XLS Page 1 8/30/94 0 0 LEPVICF LIX1£CNGN DISPOCAL RECYCLING CITY fH HECYOUN0 ADMIN ASUNIL 1E4Be MAINTENANCE D,PC SERVICE FEE SW FEE FEE CITY FEE FEE CHARGED CHARGE FEE TOTALS DROP OFF-BOX SERVICE: 13 CUBIC YARD BOX: 74.25 93.05 19.14 12.62 2.28 201.34 20 CUBIC YARD BOX 74.25 93.05 19.14 12.62 2.65 201.71 20CUDICYARDBOx-COVERED 89.71 93.06 19.14 15.25 2.65 219.80 30 CUBIC YARD BOX 104.63 139.16 28.79 17.79 3.17 293.54 40 CUBIC YARD BOX. 123.76 186.00 38.39 21.04 3.69 372.88 --------------------- IADDMONAL CHARGES RELATED ITODPOp OfF.pD%SERVICES I .......I Hard to handle Material(per cu.yd.) 14.24 per cubic yard Return Trip or Relocate Box 3.87 22.78 26.65 Redelivery Charge for Non-Pmt 9.91 58.30 68.21 Clean and Wash Box: First Box 7.36 43.31 50.67 Each Additional Be. 3.16 18.57 21.73 COMPACTOR SERVICES: 3 CUBIC YARD COMPACTOR 44.59 13.97 6.24 7.58 1.16 73.54 20 CUBIC YARD COMPACTOR 229.01 186.05 57.42 38.93 9.53 520.94 30 CUBIC YARD COMPACTOR 313.84 278.32 86.37 53.35 11.59 743.47 nO CUBIC YARD COMPACTOR 377.55 372.04 115.16 64.18 13.85 942.78 COMPACTOR SERVICES PER 60-MONTH LEASE: 3 CUBIC YARD COMPACTOR 56.04 266.58 63.06 385.68 20 CUBIC YARD COMPACTOR 62.10 302.25 63.06 427.41 30 Cues YARD COMPACTOR 95.43 498.29 63.06 656.78 nO Coco YARD COMPACTOR 111.72 594.12 63.06 768.90 -------------------- �A.IunaNAL CHARGES Dr.. TD[IXAPgCTOP SEPVICCS: I Turn around fee 7.80 45.87 53.67 TEMPORARY BIN SERVICES: 3 CUBIC YARD BIN 4-Day Rental 46.45 6.95 1.49 7.90 0.23 63.02 Extra Pickup 17.27 6.95 1.49 2.94 0.23 28.88 3 Cu Yrd Spal Rsdntl Cleanup Bin 4-Day Rental 30.08 6.95 1.49 5.11 0.23 43.86 Extra Pickup 17.27 6.95 1.49 2.94 0.23 28.88 TEMPORARY BIN SERVICES,cons: 3 Cu Yard Constr.Bin: 53.40 27.80 8.95 9.08 0.99 100.22 Extra Plckup 17.27 6.95 1.49 2.94 0,25 28.90 SPECIAL HAVL SENVICES: 31.64 5.38 I s 0n:,�mew. 7.91 1.34 APpi 31.64 5.38 Infectious Waste: .-- - - - -- ........................................................................................................................ P Per Picku 85.18 14.48 12.78 112.44 �� Per Container 27.80 4.73 4.17 36.70 NOTE:COLLECTION AND SERVICE FEES INCREASE 01/011SE.DISPOSAL FEE WAS INCREASED 07/01RM EXAJAN95.XLS Page 2 3/30/94 J) Sp g c� a ] Office of City Manager 619-123-8201 May 26, 1993 Mr. Robert W. Kuznik Palm Springs Disposal Service Post Office Box 2711 Palm Springs, CA 92263 RE: TEMPORARY CHANGE IN RESIDENTIAL TRASH COLLECTION HOURS Dear Mr. Kuznik: Your letter of May 21, 1993, requested a temporary change in the starting time for residential trash collection from 7:00 a.m. to 6:00 a.m. for the period of June 7, 1993, through September 3, 1993. Section 1.3 of your contract delegates administration of the agreement to the city manager, and Section 5.4.3 allows for the revision of hours. The city council was apprised of your request at the May 25, 1993, study session and raised no objections. Therefore, the request is granted, subjject to your acceptance of the following conditions: 1) Palm Springs Disposal Service will notify residents of the change in hours via newspaper ads, billing inserts, etc.; 2) Palm Springs Disposal Service will keep track of all complaints regarding the earlier start time, and report back to the city monthly on the number and disposition of the complaints; 3) Palm Springs Disposal Service field Supervisors will patrol each route, looking for missed pickups Of Customers who may have been unaware of the earlier start time. Post Office Box 2743, Falm Sp;m1p. California 92263-2743 May 26, 1993 Mr. Robert W. Kuznik Page 2 Please indicate your acceptance by signing below and returning this letter to the city's Finance Department. We hope this meets your needs. If you have any questions, please call the city's Finance Director, Tom Kanarr, at (619) 323-8229. —n1 Sincerely, W. Parkins, ity Manager RWP/TK/llp Enclosures Robert W. Kt:z:ul: Palm Springs Disposal Service P.S. Disposal Co. Amend #2 - Re:Billing, Cont'd Collection & Recycle Pickup AGREEMENT #3082 R18095, 5-19-93 AMENDMENT NO. 2 TO AGREEMENT NO. 3082 BETWEEN THE CITY OF PALM SPRINGS AND PALM SPRINGS DISPOSAL COMPANY FOR SOLID WASTE MANAGEMENT SERVICES THIS SECOND AMENDMENT ( "Second Amendment") to the SOLID WASTE MANAGEMENT SERVICES AGREEMENT ( "Agreement" ) dated March 18, 1992 between PALM SPRINGS DISPOSPS, SERVICES ( "Contractor") and the CITY OF PALM SPRINGS ( "City") is made and entered into on this � day of 1993 between the same parties . Except as expressly stated rein, all other terms and conditions of the Agreement shall remain in full force and effect. C O V E N A N T S Section 1: Sections 8 .4 .1 and 8 .4 .2, are hereby amended to read as follows : 8 .4 . 1 Single Family Units . Contractor shall :not discontinue service to Single Family Dwelling Units that do not pay for services rendered. City agrees to handle the collection of delinquent Single Family Dwelling Units as a lien on the property collected on the tax bill . Prior to the Public Hearing each year, Contractor shall submit a preliminary list to the City of each property four (4) or more billing cycles (eight months) delinquent in the payment of fees for services provided by Contractor under this Agreement. Said list shall include the property address, county assessor' s parcel number, name of property owner (s) and amount delinquent. The amount delinquent shall be the amount owed the Contractor plus fifteen percent (152k) of the unpaid amount for administration and handling. City shall conduct a public hearing as provided for by statute and shall cause the delinquent fees to be placed upon the property tax bill for collection as a lien. Following the Public Hearing, Contractor shall prepare a final delinquent list and submit this list to City prior to each July 15 in a format acceptable to the County for processing. Within thirty (30) days of receipt of each tax bill installment payment from the County, City shall pay Contractor, less applicable Franchise Fees and a ten percent (100) administrative charge, the funds collected from delinquent properties . Promptly upon receipt from the County, City shall provide Contractor with a listing of each property for which payment is being made, together with the amounts collected, Franchise Fees and P51\484\0140a4-"1\42277.3 05119/93 -1- administrative charge withheld, and the amount remitted for each account. 8 .4 .2 Commercial . Industrial. and Multiple Family Dwelling Unit Accounts . Contractor shall not discontinue service to Commercial, Industrial and Multifamily Dwelling Units that do not pay for services rendered. City agrees to handle the collection of delinquent Commercial, Industrial and Multifamily Dwelling Units as a lien on the property collected on the tax bill in the same manner as provided in Section 8 .4 . 1 for Single Family Dwelling Units, except as otherwise provided in this section. Delinquent Commercial, Industrial and Multifamily Dwelling Units shall be subject to the tax lien procedure when the accounts are two or more billing cycles (two months) past due. Contractor shall be entitled to collect late charges at a rate of 1.5°s per month as well as an administrative charge of fifteen percent (15%) of the unpaid amount. Contractor shall not alter the type of container service except with the approval of the customer or City. Section 2 : Section 5 .5 . 8 is hereby amended to read as follows : 5 . 5 . 8 Collection of Yard Waste. Beginning the week of May 17, 1993 and continuing as long as a Composting Facility located within a reasonable haul distance of the City is permitted by the County, the Contractor shall commence the separate collection of Yard Waste from each Single Family Dwelling Unit within the City. The use of Compost Facilities will be restricted to those which meet the requirements of the State Public Resources Code. Contractor shall institute one (1) additional weekly household collection exclusively for the collection of Yard Waste. Said Yard Waste collection shall be made at the curb from a maximum of two (2) Customer Provided Containers, however, the use of plastic bags for Yard Wastes shall not be permitted. Contractor' s compensation for the separate collection of Yard Waste shall commence January 1, 1994, in the form of an adjustment in monthly rates for Can Service specified in Exhibit "A" according to the following formula: A monthly fee of $ .19 for twelve consecutive months, represent'i.ng Contractor' s reimburse- FS1\494\014094-0001\42277.3 05/19/93 -2- ment for Yard Waste Collection services rendered between .May 17, 1993 and December 31, 1993 ; plus, A monthly fee for $ .29, subject to adjustment January 1, 1994, under the provisions of Section 8 .2 of this Agreement, for as long as a separate Yard Waste Collection Program is offered. Single Family Dwelling Units which process Yard Waste on the property utilizing Composting Bins and Single Family Dwelling Units which are included in Planned Unit Developments which routinely contract with landscape maintenance services for the removal of all Yard Waste generated in the development shall be exempt from payment of the Yard Waste Collection Fees specified in Exhibit "A" . IN WITNESS THEREOF, the! City and Contractor hereto have caused this Second Amendment to the Solid Waste Management Services Agreement to be executed by their authorized officers on the day and year first written above. IT OF PALM P S l Dated: �r/Y / Cit Manager ATTEST: J Cit'r 'Clerk APPROVED AS TO FORM- David J. 'Al shire City Attorney PALM SPRINGS DISPOSAL SERVICES Dated: Alr? >Z &, ✓ �'Y3 By: Its: 11--1�1119pze— APPROVED BY T+iF CtTy COUNCIL BY RED, . P51\484\014084-0001\42277.3 05/19/93 -3- gdaM EXHIBIT•A•PATE SCHEDULE 5/10M PROPOSED CHANGES Collect DlaPoaal RocycM Funehlaa Racycia Mmin Addt L. Maint an F« SM F« Fee City F« Fea Chug« Chu0aa Fee TOW Can SeMca SFFVmonth SF unih 10.52 cm 3.42 Lots 1.73 21.71 Ea add'l can 5.30 122 0.54 0.03 5.75 MuMlpb Raa/month Each unit 10.02 4.50 0.17 t.05 1,55 21.32 Z2 Ea atld'I can 5.24 2 0.52 0.53 8.81 Camm Can Sowimonth Each unit 11.72 4.50 3.20 E23 1.M �.,y Ea a d'1 can 6.54 222 1.11 OA3 2.W Small Holai San; Each unit 11.72 4.59 3.25 2.23 1.58 23.45 Eudd'I unlit3.24 2.22 0.52 0.53 IL71 Bin Seneca 1.5 Cubic Yd Bin Flntw«kly PU 40.41 0.50 4.50 7.58 3.58 GINEa add'I Pll 27.40 2.50 4.55 3.21 3.50 W.35 1.5 Cubic Yd Bin Ex PU Real bin 34.M Z40 1.15 6.47 O.So µ.De Ea atltl'I bin 5.47 2.40 1.15 1.23 Oleo 12-14 2 Cubic Yd Bin Flnlw«kly PU 43,83 14.53 0.12 5.20 u 5.02 77.50 Ea 20.70 14.53 4.12 M" 5.02 41.01 2 Cubic Yd Bin Ex PU FIM bin 34.55 3.03 1.52 6.62 1.25 47.07 Ea add'I bin 7.04 IN 1.52 1.34 1.25 14.78 3 Cubic Yd Bin Find weakly PU 56.52 21.84 5.10 10.74 7.10 105.2! Ea add'I PU 30.04 21.50 9.15 7.42 7.18 �4t 3 Cubic Yd Bin Ex PU Fbat bin 34.Oo 442 Z28 7.24 1.75 3/.51 Ea add'I bin 2.75 5.42 2.20 1.85 1.78 21.00 4 Cubic Yd Bin i FlMweakty PU 00.85 20.73 12.23 12.07 0.27 M.50 Ei add-1 PU M.2o 25.73 IZ22 e.42 2.0 IMM 4 Cubic Yd Bin Ex PU Find bin 40.S2 7.18 IM 7.72 7.32 BO.W Ea adtl'I bin 11.07 7.15 IM 210 2.32 20.72 Is, L padelae E%HOT'M RATE SCHEDULE 011010 PAOPOSEO CHANGES I7 ll/ Cdlact Disposal P.rycle Fra n:hlee R.cyoie Admin Add1 l.///u. Malnt Svc Fee Svc Fee Fee CM/Fee Fee Chargas Chug" Fee Total Addi0ons!Manisa Reiat.d To Sin SeMc. Rsturn Tap,-Inacc.asible Bins Radalivery Charge-Removed Bins, - mmpayment WA WA WA Bin Ralocatlon Chp F"uMed( Flret Bin 4.43 23.31 27.74 Ralocats Ea Add'l Bin 1.51 7,85 0.47 Boll Out Chp-let bin 7.37 35.51 45.15 Curb ChB 7.37 W.51 4&15 Locking Bin ChB 1111.42 44.31 M73 Contract.PMJdad Look 253 14.88 17.71 Clean 6 Wash Bin(1st bin( 8.42 44.31 5273 Clean&Wash Bin(ea add'I bin) 351 ip g0 Mal Drop Off-Box Servlce 13 Cubic Yard Box 75.0 72.W 18.55 14.43 M." 205.35 20 Cubic Yard Box 75.BB 72.W 18.55 14.43 23.25 2p573 W Cubic Yard Box-Cow 91.77 72.50 IBM 17.µ 23.25 =,ayf, 30 Cubic Yard Box 107.04 IW.43 28.45 Mu W.87 2BB23 Yard Box Hard W Mu 40 Cubicandb par CY -126.51 144.83 39.27 24.05 44.54 379.71 11./0 3.14 14.24 %turn Tap or Relocate Box 4.43 N 27 27.23.30 Fiedelbnry ChChi; 73 11.33 SB. Clean 6 Wash Box(1st box) 5.42 50. 70.73 .27 Clean 8 Wash Box(a&add'I box) 3.51 10.00 22.01 5273 C.Pactor SeMcu 3 Cubic Yard Compactor 4502 10.86 5.W 2.57 4.27 73.53 20 Cubic Yard Compactor 234.25 144.87 58.74 µAI BOAS 6]SO3 30 Cubic Y.rd Compactor 321.Oe 218.07 ".35 III.W 73.31 7t10,50 40 Cubic Yard Compactor 3eB.23 2W." 117.91 73.30 M.J2 gW,W Cpmp.ctar Services Per W Month L.u.: 3 Cubic Yvd Comp.cmr 54 W 272.71 64.51 401.29 20 Cubic Yard Compactor 71.00 30 M d4.51 444.71 W CUWC Yard Compactor 108.11 IM.75 $4.51 M37 40 Cubic Yard Compactor 127.74 W7,72 04.01 1 IW.W Turn around lee L22 µ03 5505 pe ldu E%HIBii•A'RATE SCHEDULE allot 8 PROPOSED CHANGES collect Dispoeel Recycle Franchlw Recycle Adnin Addl La. Mdnt Bw Fee Sw F. Fr City Fee Fee Chug. Chug" Fee Taw Tampon Bln Sam." 3 cubic Yud Bln 4 day renal 47.52 5.42 1.52 9.03 1.78 85.25 EMra pickup - 17.57 5.42 1.52 3.35 1.76 Mm 3 cubic Yerd Blo-Spec Flee CU 4 dry renW 30.77 5.42 1.52 5.05 1.78 45.32 Extra pickup 17.57 5.42 1.52 3.35 1.70 M73 3 cubic Yud Sin.Construction MonNyve Wwtmdyaw) 54.8.9 21.85 0.15 10.38 7.11 102.28 Extra pickup 17.67 5.42 1b2 3.30 1.78 0.75 Spwlal Haul S.rvkee SpecW Haul 32.37 0.15 1. 83 .52 3237 8.15 15 minute chug. I,08 �.0 Appliance. 8 38.52 Infectious Wute Per Pickup 87.14 15.55 13.07 ne.n Par Container 25.44 5.40 ♦27 35.11 O . C. SttvlC! CetiLCfpM OefOL4 E[crwrrG Ginn RKT411q AGWM AOOMI tWE WIMI[1MMGE UMn lEevrt! In leMIEE M Crr1tll IR aweo CHARGE IR TOT AU EXHIBIT A RATE SCHEDULE(AGREEMENT E n"11 I//4 ORIGINALLY EFFECIDVE 10/01/92J AN 1aEk17 �A��S INCREASE INZBIVICER�S' KOMBEFFECiMI/ 111/...'/// ',(\/ CAN SERVICE, SFR/menth SF unit! 10.82 5.89 3.49 1.08 0.43 21.71 Ea odclr4 can 5.39 285 0.54 8.7E MHIUPIe Rea/month r Each Unit 10.92 5.89 3.17 1.08 0.36 21.32 Ea ocidnl cm 5.24 2.85 0.52 8.61 Coml Can Sere/month Each Unit 11.72 5.89 3.26 2.23 0.36 23.46 Ea addnl con 5.84 2S5 1.11 9.80 Small Hotel Sere First Unit 11.72 5.89 3.26 2.23 0.36 3.4 Ea oddnl unit 3.24 28 23.4E 5 0.62 BIN SERVICE• 1.5 Cubic Yd Sin Frtl Weeky PU 40.41 12.32 4.58 7.69 0.84 83.83 Ea Addnl PU 27.40 1232 4.58 5.21 0.84,• 30.35 1.5 Cubic Yd Bin EX PU First Bin 34.05 3.08 1.15 6.47 0.21 44.98 Ea AddN Bin 6.47 3.08 1.15 1.23 0.21 12.14 2 Cubic Yd Bin First Weekly PU 43.63 18.65 6.12 8.29 0.90 77.59 Eo Addnl PU 29.70 18.65 6.12 5.64 040 61.01 2 Cubic Yd Bin EX PU Fint Bin 34.85 4.66 1.52 0.62 0.22 47.87 Ea Addnl Sin ' 7.04 4.66 . 1.52 1.34 0.22 14.78 3 Cubic Yd Bin t First Weekly PU 56.52 27.80 9.16 10.74 1.02 105.24 Ea Addril PU 39.04 27.80 9.1E 7.42 1.02 µ,µ 3 Cubic Yd Bin EX PU First Bin 38.09 6.95 2.28 7.24 0.25 54.61 Ea Addnl Bin 9.76 6.95 2.28 1.85 0.25 21.09 4 Cubic Yd Bin NO Weekly PU 66.69 36.87 12.22 12.67 1.13 129.5E Ea Addnl PU 44.29 36.87 12.22 8.42 1.13 10293 4 Cubic Yd Bin EX PU Fill gin 40.62 9.22 3.05 7.72 0.28 60.59 Ea Addnl Bin 11.07 9.22 3.05 2.10 0.28 25.72 EXAJAN96.XLS Page 1 8/11/95 IERVIC! COU.ECTION wow Nlcrah" CDYA RECYCLINI ADINN WORK. LEASE IyaNrFWICIR UNIIS 3111twx FEE .sNVKE PEE CYYYRE F" aw.aa CHANGE PEE TOTALS .eI1nIONAI.cw aNDINCE C�01< � NMllD Ea elN le n T Return Trips.Inaccesscl3le Bins 4.55 2394 28.49 Redelivery charges-Removed Bins non-payment NIA NIA WA gin Relocation CtvgslRequesled) fint gin 4.43 23.31 27.74 Relocate Ea.Add.Bin - 1.51 796 9.47 RaE-out charges.Bat Bin r 7.37 38.81 44.18 Curb Charges 7.37 38.81 46.18 Locking gin Charge 8.42 44.31 $2.73 Conlraeler Provided lock 2.83 14.88 17.71 Clem 6 Wash Bin(first Sinl 9.42 ".31 52.73 Gem&Wash(Ea add Bin1 3.91 19.00 22.61 DROP OFF-BOX SERVICE-' 13 CUBIC YARD BOX: 75.96 93.05 19.58 14.43 2.33 205.35 20 CUBIC YARD BOX: 75.96 93.05 19.56 14.43 2.71 205.73 A CUBIC YARD sox.COVERED: 91.77 93.05 19.58 17.44 2.71 224.55 30 CUBIC YARD BOX: 107.04 139.16 29.45 20.34 3.24 299.23 40 CUBIC YARD BOX: 126.61 186.00 39.27 24.06 3.77 379.71 IAnertcrlry ew.ao.IN.AYse I 1 1 1 TO eRO=pF RaxaaV ICd Had to handle Material(per cuyd.) 14.24 per cubic yard Rehm Trip or Relocate Boa 4.43 23.30 27.73 Redelivery Charge 11.33 59.64 7097 Clem and Wash Bon First Box 8.42 44.31 52.73 Each Additional Box 3.61 19.00 22.61 COMPACTOR SERVICES: 1 CUBIC YARD COMPACTOR 45.92 13.97 6.38 8.67 1.19 75.83 a CUBIC TARO COMPACTOR 234.25 186.05 55.74 44.51 9.75 533.33 WCUBIC YARD COMPACTOR 321.06 278.32 •88.38 61.00 11.86 760.60 b CUBIC YARD COMPACTOR 386.23 372.04 117.51 73.38 14.17 953.63 t COMPACTOR SERVICES PER 60-MONTH LEASE: 1 Clan YARD COMPACTOR 64.07 272.71 64.51 401.29 n CUBIC TARO COMPACTOR 71.00 309.20 $4.51 444.71 AI CONIC YARD COMPACTOR 109.11 509.75 $4.51 683.37 4 CUBIC YARD COMPACTOR 127.74 607.78 94.51 $00.03 � -----oau.0 Y----m----;ANar1a..�eN.. 1 Ite CO.rACYO.fRAVEaI 1 Turn around lee 8.92 4693 55.83 TEMPORARY BIN SERVICES: 3 CUBIC YARD BIN: 4.Day Renld 47.52 6.95 1.52 9.03 0.23 65.25 Extra Pickup 17.67 6.95 1-12 3.36 0.23 29.73 3 Cu Yrd Spd Rsdng Cleanup gin: I 4-Day Rental 30.77 6.95 1.52 5.85 0.23 45.32 Extra Pickup 17.67 6.95 1.52 3.36 0.23 29.73 EXAJAN96.XlS Pogo ^�' � ^ 8/11/95 ' YllvlCl eauacra,l Woo lilac an nl Il.� .Ol.11 , WN w,wrtw.t:a e1Mn •pmaf FEE allyns Re O T[ RI ounu dwa rR rorA TEMPORARY SIN SERVICES,Coot: 3 Cu Yard Conk.Din: rlw..a.lM«b,..c.l 54.93 27.80 9.16 10.38 1.02 10299 Elka Pickup 17.97 6.95 1.52 3.3E 0.25 29.73 a.ca.l.ruutuln+um 32.37 6.15 8.09 1.54 Aooae.+ 32.37 4.15 'Irfsctlw Waste: Pe Pickup D7.14 — 16.56 13.07 PeC 2D. 4 1.40 47 118.77 3D 11 rar[r oouserwRulo save R2]IMQFb.vRcnlR worn..aaroutipxq ulalWmusnrRu.a I FXAJAN96.%l5 Pogo 3 8/1 I/95 P.S. Disposal Co. Amend #1 - Performance Bond AGREEMENT #3082 R17988, 11-18-92 AMENDMENT NO. 1 TO AGREEMENT NO, 3082 B_._..___. THE CITY OF PALM SPRINGS AND PALM SPRINGS DISPOSAL COMPANY FOR SOLID WASTE MANAGEMENT SERVICES THIS FIRST AMENDMENT ( "First Amendment") to the SOLID WASTE MANAGEMENT SERVICES AGREEMENT ( "Agreement") dated March 18, 1992 between PALM SPRINGS DISPOSAL SERVICES ( "Contractor") and the CITY OF PALM SPRINGS ( "City") is made and entered into on this / day of <.;;- _ 1993 between the same parties. Exc p as expressly stated herein, all other terms and conditions of the Agreement shall remain in full force and effects Section 1 : Section 1.2 . 3 , is hereby amended to read as follows : 12 .3 Performance Bond Concurrently with execution of this Agreement, Contractor shall deliver to City a performance bond in the sum of the amount of SEVEN :HUNDRED FIFTY THOUSAND DOLLARS ($750, 000) , in the form provided by the City Clerk, which secures the faithful performance of this Agreement, unless such requirement is waived by the City Manager. The bond shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. Said bond may not be cancelled without providing 30 days cancellation notice by registered mail to the City but Contractor shall promptly provide a replacement bond so there is no lapse in coverage. It is further agreed that the Principal and Surety may continue the aforementioned bond from year to year by continuation certificate. IN WITNESS THEREOF, the City and Contractor hereto have caused this First Amendment to the Solid Waste Management Services Agreement to be executed by their authorized officers on the day and year first written above. CITY ALM SP—R1119S A;, Dated: T / d' By: City anager ATTEST: City Clerk FS2\484\014084-0001\2045616.2 05/12/93 A ST: / C' y Clerk APPROVED AS TO FORM: David Jo A_/] eshire City Attorney PALM SPRINGS DISPOSAL SERVICES Dated: �1 Z / �93 By.- Its : AyPPROYF2D B Tt r PS2\494\014084-000112045616.2 05/12/93 P.S. Disposal Services Solid Waste Management Service AGREEMENT #3082 M04963, 3-18-92 AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND PALM SPRINGS DISPOSAL SERVICES FOR SOLID WASTE MANAGEMENT SERVICES TABLE OF CONTENTS Page ARTICLE 1. DEFINITIONS; DELEGATION OF AUTHORITY . . . . . 1 1. 1 General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1. 2 Definitions .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1. 2 . 1 Agreement . . . . . . . . . . . . . . . . . . . . . . . . 2 1. 2 . 2 Bulky Waste . . . . . . . . . . . . . . . . . . . . . . 2 1. 2 . 3 City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1. 2 . 4 City Facility . . . . . . . . . . . . . . . . . . . . 2 1. 2 . 5 City Manager . . . . . . . . . . . . . . . . . . . . . 2 1. 2 . 6 Contractor . . . . . . . . . . . . . . . . . . . . . . . 2 1. 2 .7 Contractor Provided Container . . . . 2 1. 2 . 8 Customer Provided Container . . . . . . 2 1. 2 . 9 Day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1 . 2 . 10 Disposal Fee . . . . . . . . . . . . . . . . . . . . . 3 1. 2 . 11 Disposal Site . . . . . . . . . . . . . . . . . . . . 3 1. 2 . 12 Drop-Off Box . . . . . . . . . . . . . . . . . . . . . 3 1. 2 . 13 Glass Container . . . . . . . . . . . . . . . . . . 3 1. 2 . 14 Hazardous Waste . . . . . . . . . . . . . . . . . . 3 1. 2 . 15 Holiday . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1. 2 . 16 Household Waste . . . . . . . . . . . . . . . . . . 3 1. 2 . 17 Infectious Waste . . . . . . . . . . . . . . . . . 3 1. 2 . 18 Mixed Glass . . . . . . . . . . . . . . . . . . . . . . 4 1. 2 . 19 Multiple-Family Dwelling Unit . . . . 4 1. 2 . 20 Municipal Solid Waste . . . . . . . . . . . . 4 1. 2 . 21 Owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 1. 2 . 22 Other Plastics . . . . . . . . . . . . . . . . . . . 4 1. 2 . 23 Packer . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1. 2 . 24 Plastics . . . . . . . . . . . . . . . . . . . . . . . . . 5 1. 2 . 25 Premises . . . . . . . . . . . . . . . . . . . . . . . . . 5 1. 2 . 26 Preprocessing Facility . . . . . . . . . . . 5 1. 2 . 27 Rate Structure . . . . . . . . . . . . . . . . . . . 5 1. 2 . 28 Recyclable Materials . . . . . . . . . . . . . 5 1. 2 . 29 Recycling Fee . . . . . . . . . . . . . . . . . . . . 5 1. 2 . 30 Recycling Surcharge . . . . . . . . . . . . . . 5 1. 2 . 31 salvaging . . . . . . . . . . . . . . . . . . . . . . . . 6 1. 2 . 32 Single Family Dwelling Unit . . . . . . 6 1.2 . 33 Source Reduction . . . . . . . . . . . . . . . . . 6 1. 2 . 34 Source Separated . . . . . . . . . . . . . . . . . 6 1. 2 . 35 Stable Matter . . . . . . . . . . . . . . . . . . . . 6 1. 2 . 36 Street Sweepings . . . . . . . . . . . . . . . . . 6 1. 2 . 37 Tipping Fee . . . . . . . . . . . . . . . . . . . . . . 6 1. 2 . 38 Yard Waste . . . . . . . . . . . . . . . . . . . . . . . 6 1. 3 Delegation of Authority . . . . . . . . . . . . . . . . . . . . 7 ARTICLE 2 . CONTRACT DOCUMENTS . . . . . . . . . . . . . . . 7 2 . 1 Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 -i- 0 0 ARTICLE 3 . GRANT OF FRANCHISE; SCOPE OF FRANCHISE; EXCLUSIONS . . . . . . . . . . . . 7 3 . 1 Grant of Franchise . . . . . . . . . . . . . . . . . . . . . . . . . 7 3 . 1. 1 General Grant . . . . . . . . . . . . . . . . . . . . 7 3 . 1. 2 Duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 3 . 1. 3 Annexations . . . 7 3 . 2 Scope of Franchise; Exclusions . . . . . . . . . . . . . 8 3 . 3 Franchise Fee and City Recycling Surcharge . 8 3 .4 Effective Date of Franchise Fee . . . . . . . . . . . . 9 3 . 5 Time of Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3 . 6 Accompanying Information . . . . . . . . . . . . . . . . . . . 9 ARTICLE 4 . TERM OF AGREEMENT . . . . . . . . . . . . . . . . 9 4 . 1 Term . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 4 .2 Conditions to Effectiveness of Agreement . . . 9 4 . 2 . 1 Representations and Warranties of Contractor . . . . . . . . . . . . . . . . . . . . 10 4 . 2 . 1. 1 Corporate Status . . . . . . . . . . . . 10 4 . 2 . 1. 2 Corporate Authorization . . . . . 10 4 . 2 . 2 Accuracy of Representations . . . . . . 10 ARTICLE 5 . SERVICES OF CONTRACTOR . . . . . . . . . . . 10 5 . 1 General Standards . . . . . . . . . . . . . . . . . . . . . . . . . . 10 5.2 Standards of Performance . . . . . . . . . . . . . . . . . . . 10 5. 2 . 1 Availability of Contractor . . . . . . . 10 5. 2 . 2 Citizen Complaints . . . . . . . . . . . . . . . 11 5 . 2 . 3 Record of Complaints . . . . . . . . . . . . . 11 5. 2 . 4 Disputes . . . 11 5. 2 . 5 Record of Non-Collected Materials. 11 5 . 2 . 6 Property Damage Caused by Contractor . . . . . . . . . . . . . . . . . . . . . . . 11 5. 2 . 7 Quality of Service Surveys . . . . . . . 11 5. 2 . 8 Annual Route Audit . . . . . . . . . . . . . . . 12 5 . 2 . 9 "On-Call" Equipment and Personnel. 12 5. 3 Mandatory Service . . . . . . . . . . . . . . . . . . . . . . . . . . 12 5 . 3 . 1 Exemptions . . . . . . . . . . . . . . . . . . . . . . . 12 5 . 4 Hours of Operation . . . . . . . . . . . . . . . . . . . . . . . . . 12 5. 4 . 1 Residential Hours . . . . . . . . . . . . . . . . 12 5. 4 . 2 Commercial Hours . . . . . . . . . . . . . . . . . 12 5 . 4 . 3 Revisions to Hours . . . . . . . . . . . . . . . 13 5. 5 Residential Collections 13 5 . 5. 1 Frequency of Residential Service. . 13 5. 5. 2 Location of Residential Collections . . . . . . . . . . . . . . . . . . . . . . 13 5. 5. 3 Customer Provided Containers . . . . . 13 5. 5 .4 Contractor Provided Containers . . . 13 5 . 5 . 5 Collection Quantities . . . . . . . . . . . . 13 5 . 5. 6 Notice of Residential Collection Schedule . . . . . . . . . . . . . . 14 5. 5 . 7 Changes in Residential Collection Schedule . . . . . . . . . . . . . . 14 5 . 5. 8 Collection of Yard Waste . . . . . . . . . 14 5. 5. 9 Collection of Used Motor Oil . . . . . 14 -ii- 0 0 5. 6 Commercial and Industrial Collections . . . . . . 15 5. 6. 1 Frequency of Commercial and Industrial Service . . . . . . . . . . . . . . . 15 5. 6 . 2 Commercial and Industrial Collection Locations . . . . . . . . . . . . . 15 5 . 6 . 3 Customer Provided Containers . . . . . 15 5. 7 Temporary Services . . . . . . . . . . . . . . . . . . . . . . . . . 15 5 . 8 Collection of Bulky Waste . . . . . . . . . . . . . . . . . . 15 5. 9 Free Service to City Facilities . . . . . . . . . . . . 16 5. 10 Residential Recycling Programs . . . . . . . . . . . . . 16 5 . 10. 1 Residential Recycling Frequency . . 16 5 . 10. 2 Residential Recycling Location . . . 16 5. 11 Commercial and Industrial Recycling Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 5. 11. 1 Commercial and Industrial Recycling Frequency . . . . . . . . . . . . . . 16 5. 11. 2 Commercial and Industrial Recycling Location . . . . . . . . . . . . . . . 16 5 . 12 Buy-Back Center . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 ARTICLE 6. WASTE DIVERSION . . . . . . . . . . . . . . . . . . 17 6. 1 State Mandate on 17 es 6. 1. 1 Joint Rpsibilities . . . . . . . . . . . 17 6 . 1. 2 City Waste Diversion Responsi- bilities 17 6 . 1 . 3 Contractor Waste Diversion Responsibilities . . . . . . . . . . . . . . . . . 18 6. 1. 4 Meet and Confer Re Process . . . . . . . 18 6. 2 Recycling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 6 . 2 . 1 Recycling Revenues . . . . . . . . . . . . . . . 18 6 . 2 . 2 Besot Market Price . . . . . . . . . . . . . . . . 18 6 . 2 . 3 Contractor, Authorized Agent . . . . . 19 ARTICLE 7 . VEHICLES, EQUIPMENT AND PERSONNEL . . . . . . . . . . . . . . . . . . . . . . . . 19 7 . 1 Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 7 . 1. 1 General . . . . . . . . . . . . . . . . . . . . . . . . . . 19 7 . 1. 2 Truck Bodies . . . . . . . . . . . . . . . . . . . . . 19 7. 1. 3 Backup Alarm . . . . . . . . . . . . . . . . . . . . . 19 7 . 1. 4 Gross Vehicle Weight Limit . . . . . . . 19 7 . 1. 5 Vehicle Identification . . . . . . . . . . . 20 7 . 2 Vehicle Maintenance and Appearance . . . . . . . . . 20 7 . 2 . 1 Vehicle Inventory and Replacement Plan . . . . . . . . . . . . . . . . . 20 7 . 2 . 2 Preventive Maintenance and Repair Program . . . . . . . . . . . . . . . . . . . 20 7 . 2 . 3 Vehicle Cleaning . . . . . . . . . . . . . . . . . 20 7 . 2 . 4 Vehicle Storage . . . . . . . . . . . . . . . . . . 21 7 . 3 Containers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 7 . 4 Inspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 7 . 4 . 1 Initial City Inspection . . . . . . . . . . 21 7 .4 . 2 City Inspection Per Code . . . . . . . . . 21 7.4 . 3 Brake Inspections . . . . . . . . . . . . . . . . 21 7 . 4 . 4 Correction of Defects . . . . . . . . . . . . 22 -iii- 7 . 5 Personnel . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 7. 5. 1 General . . . . . . . . . . . . . . . . . . . . . . . . . . 22 7 . 5 . 2 Driver Qualifications . . . . . . . . . . . . 22 7 . 5 . 3 Uniforms and Identification Badges . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 7 . 5. 4 Employee Appearance and Conduct . . 22 7 . 5. 5 Safety Training . . . . . . . . . . . . . . . . . . 23 7 . 5. 6 Safety . . . . . . . . . . . . . . . . . . . . . . 23 7 . 5. 7 No Gratuities . . . . . . . . . . . . . . . . . . . . 23 ARTICLE 8 . CONTRACTOR'S COMPENSATION . . . . . . . . 23 8 . 1 Rate Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 8 . 2 Changes in Rate Schedule . . . . . . . . . . . . . . . . . . . 24 8. 2 . 1 Formula Adjustment . . . . . . . . . . . . . . . 24 8 . 2 . 2 Council Review . . . . . . . . . . . . . . . . . . . 24 8 . 2 . 3 Time of the Essence . . . . . . . . . . . . . . 25 8 . 2 . 4 Disposal Fees . . . . . . . . . . . . . . . . . . . . 25 8 . 2 . 5 Right to Petition for Unusual Changes in the Cost of Doing Business or to Recover Costs Associated with the Imposition of New Legal Requirements. . . . . . . . . . . . 25 8 . 3 Billing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 8 . 3 . 1 Residential Accounts . . . . . . . . . . . . . 26 8 . 3 . 2 Commercial and Industrial Accounts . . . . . . . . . . . . . . . . . . . . . . . . . 26 8 . 4 Delinquent Accounts . . . . . . . . . . . . . . . . . . . . . . . . 26 8 . 4 . 1 Single Family Dwelling Units . . . . . 26 8 . 4 . 2 Commercial and Industrial and Multiple-Family Dwelling Unit Accounts . . . . . . . . . . . . . . . . . . . . . . . . . 27 8 . 4 . 3 Other Revenues . . . . . . . . . . . . . . . . . . . 27 ARTICLE 9 . ACCOUNTING AND RECORDS . . . . . . . . . . . 27 9 . 1 Financial Statements . . . . . . . . . . . . . . . . . . . . . . . 27 9 . 2 Inspection of Contractor's Accounts and Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 9 . 3 Cost of Audit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 9 . 4 Payments and Refunds . . . . . . . . . . . . . . . . . . . . . . . 28 ARTICLE 10 . TERMINATION OF AGREEMENT . . . . . . . . . 28 10 . 1 City Right to Terminate . . . . . . . . . . . . . . . . . . . . 28 10. 2 Notices of Default . . . . . . . . . . . . . . . . . . . . . . . . . 29 10 . 3 Right to Cure 30 10. 4 City's Right to Perform Service . . . . . . . . . . . . 30 10. 5 Duration of City's Possession . . . . . . . . . . . . . . 31 10. 6 Forfeiture of Performance Bond . . . . . . . . . . . . . 31 10. 7 City's Right to Lease Contractor's Equipment Following Termination . . . . . . . . . . . . 32 10. 8 Cooperation Following Termination . . . . . . . . . . 32 -iv- 0 0 ARTICLE 11. TRANSFERS OF INTEREST . . . . . . . . . . . . 32 11. 1 Change of ownership . . . . . . . . . . . . . . . . . . . . . . . . 32 11. 2 Successors and Assigns . . . . . . . . . . . . . . . . . . . . . 33 11. 3 Change of Ownership; Franchise Transfer Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 11. 4 Subcontracting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 11. 4 . 1 Consent of City Required . . . . . . . . . . . 33 11. 4 . 2 Administrative Fee . . . . . . . . . . . . . . . . . 33 11. 5 Heirs and Successors . . . . . . . . . . . . . . . . . . . . . . . 33 ARTICLE 12 . INSURANCE, INDEMNITY AND PERFORMANCE BOND . . . . . . . . . . . . . . . . . 34 12 . 1 Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 12 . 1. 1 Comprehensive General Liability Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . 34 12 . 1. 2 Workers' Compensation Insurance . . . . 34 12 . 1. 3 Automotive Insurance . . . . . . . . . . . . . . . 34 12 . 1. 4 Umbrella Insurance . . . . . . . . . . . . . . . . . 34 12 . 1 . 5 General Insurance Provisions . . . . . . . 35 12 . 2 Indemnification . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 12 . 3 Performance Bond . . . . . . . . . . . . . . . . . . . . . . . . . . 36 ARTICLE 13 . GENERAL PROVISIONS . . . . . . . . . . . . . . . 37 13 . 1 Force Majeure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 13 . 2 Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 13 . 3 Non-discrimination . . . . . . . . . . . . . . . . . . . . . . . . 38 13 . 4 Compliance with Immigration Laws . . . . . . . . . . 38 13 . 5 No Liability of City Officials . . . . . . . . . . . . 38 13 . 6 Laws and Regulations . . . . . . . . . . . . . . . . . . . . . . 38 13 . 7 Proprietary Information, Public Records . . . 39 13 . 8 Waiver of Existing Claims . . . . . . . . . . . . . . . . . 39 13 . 9 Waiver of Future Claims . . . . . . . . . . . . . . . . . . . 39 13 . 10 Conflict of Interest . . . . . . . . . . . . . . . . . . . . . . 39 13 . 11 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 13 . 12 Integration; Amendment . . . . . . . . . . . . . . . . . . . . 40 13 . 13 Severability 40 13 . 14 Attorneys' Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 13 . 15 Independent Contractor . . . . . . . . . . . . . . . . . . . . 40 13 . 16 Ownership of Waste and Recyclables . . . . . . . . 41 13 . 17 Rights and Remedies are Cumulative . . . . . . . . 41 13 . 18 Legal Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 7/318/014084-0005/001 -v- 0 0 AGREEMENT THIS AGREEMENT is made and entered into as of March 18, 1992 , by and between the CITY OF PALM SPRINGS, a municipal corporation organized under the laws of the State of California ("City") , and PALM SPRINGS DISPOSAL SERVICES, a California corporation ("Contractor") . RECITALS: 1. The City desires to provide its residents and businesses with the highest quality of solid waste management services particularly including waste diversion strategies that will enable the City to comply with the mandates of State law. 2 . The City desires to engage a thorough, competent and qualified solid waste contractor to provide these services to its residents and businesses. 3 . The Contractor has demonstrated through its past performance under the previous franchise agreement with the City of Palm Springs dated May 17 , 1977 , as amended, and in its proposal to the City dated January 2 , 1992 , that it is qualified and competent to perform the solid waste management services desired by the City. NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions contained in this Agreement, the City and Contractor agree as follows: ARTICLE 1. DEFINITIONS; DELEGATION OF AUTHORITY. 1. 1 General. Whenever any term used in this Agreement has been defined by the provisions of Chapter 6 . 04 of the Palm Springs Municipal Code or by Division 30, Part 1, Chapter 2 of the California Public Resources Code, the definitions in the Municipal Code or the Public Resources Code shall apply unless the term is otherwise defined in this Agreement, in which case this Agreement shall control. 1.2 Definitions. Except as provided in Section 1. 1, words beginning with lower case letters are being used with their common ordinary meanings, not as defined terms. Otherwise, the following capitalized words and terms shall have the following respective meanings: -1- • 1.2 . 1 Agreement. "Agreement" means this Agreement, which was approved by the City Council at its regular meeting held March 18, 1992 . 1.2.2 Bulky Waste. 'Bulky Waste" means any large or small household appliance, furniture, tires, carpet, mattress or similar large item discarded as Municipal Solid Waste from a Single Family Dwelling Unit or Multiple-Family Dwelling Unit. 1.2. 3 City. "City" means the City of Palm Springs, a municipal corporation organized under the laws of the State of California, and all of the territory lying within the municipal boundaries of the City as presently existing and, subject to the provisions of Section 3 . 1. 3 , all geographic areas which may be added or annexed thereto during the term of this Agreement. 1.2 .4 City Facility. "City Facility" means any building, park or other site owned, leased or used regularly and significantly by the City. 1.2 .5 City Manager. "City Manager" means the City Manager of the City of Palm Springs or his designee(s) . 1.2 . 6 Contractor. "Contractor" means Palm Springs Disposal Services. 1.2 . 7 Contractor Provided Container. "Contractor Provided Container" means any container provided by the Contractor for the collection of Municipal Solid Waste or Recyclable Materials. 1.2.8 Customer Provided Container. "Customer Provided Container" means any container provided by the customer for collection of Municipal Solid Waste by the Contractor. 1.2 . 9 Day. "Day" means calendar day, unless otherwise stated in this Agreement. -2- 0 r 1.2 . 10 Disposal Fee. "Disposal Fee" means those costs imposed at the Disposal Site for the handling or dumping of refuse collected by Contractor. 1.2. 11 Disposal Site. "Disposal Site" means a Permitted Solid Waste Facility, Transfer Station, Material Recovery Facility or Pre-Processing Facility designated by the City for the disposal of Municipal Solid Waste. 1.2 . 12 Drop-Off Box. "Drop-Off Box" means any metal container of 10 cubic yards or more delivered to a Residential, Commercial, or Industrial site for the collection and removal of Municipal Solid Waste or debris. 1.2 . 13 Glass Container. "Glass Container" means any food or beverage container of green, amber or clear glass. 1.2 . 14 Hazardous Waste. "Hazardous Waste" means any waste materials or mixture of wastes that: is toxic, corrosive, flammable, an irritant, a strong sensitizer, or which generates pressure through decomposition, heat or other means, if such a waste or mixture of wastes may cause substantial injury, serious illness or harm to humans, domestic livestock, or wildlife. Hazardous Waste includes any material so defined by State or Federal Law. 1.2 . 15 Holiday. "Holiday" means any holiday of the City of Palm Springs. 1.2 . 16 Household Waste. "Household Waste" shall mean that waste normally generated by a Residential Unit. 1.2 . 17 Infectious Waste. "Infectious Waste" means waste capable of producing an infection or pertaining to or characterized by the presence of pathogens. It includes but is not limited to certain wastes generated by medical practitioners, hospitals, nursing homes, medical testing labs, mortuaries, -3- 0 • taxidermists, veterinarians, veterinary hospitals and medical testing labs and any waste that includes animal wastes. 1.2 . 18 Mixed Glass. "Mixed Glass"" means a waste type which is a mixture of glass containers, unsegregated by color, of at least two of the following glass colors: green, amber or clear. 1.2 . 19 Multiple-Family Dwelling Unit. "Multiple-Family Dwelling Unit" means each Premises used for residential purposes including each part of a condominium project, duplex, townhouse project, apartment house, or mobile home park, irrespective of whether residence therein is transient, temporary or permanent, which receives collection services from centralized locations. 1.2 .20 Municipal Solid Waste. "Municipal Solid Waste" means all solid wastes generated by residential, commercial, and industrial sources, and all solid waste generated at construction and demolition sites, and at treatment works for water and waste water, which are collected and transported under the authorization of the City or are self-hauled. Municipal Solid Waste does not include agricultural crop residues, mining waste and fuel extraction waste, forestry wastes, ash from industrial boilers, furnaces and incinerators or Hazardous Waste. 1.2 .21 Owner. "Owner" means the person, organization or corporation holding the legal title to the real property constituting the Premises to which solid waste management services are provided or required to be provided. For the purposes of provisions in this Agreement pertaining to the sending of notices, billings or other communications by Contractor to an Owner, Contractor may regard as the Owner the person, organization, corporation or other entity shown in the records of the Assessor of the County of Riverside or as may be indicated by documents recorded in the Office of the Recorder of Riverside County. 1.2 .22 Other Plastics. "Other Plastics" means all waste plastics except polyethylene terephthalate (PET) , film plastics, and high density polyethylene (I-[DPE) containers. -4- • • 1.2 .23 Packer. "Packer" shall mean any waste container, whether Customer or Contractor Provided, that contains a mechanical device for compacting trash for the purpose of reducing its volume. 1.2 .24 Plastics. "Plastic" means any waste polyethylene terephthalate (PET) , film plastic, and high density polyethylene (HDPE) containers. 1.2 .25 Premises. "Premises" means any parcel of land, building and/or structure, or portion thereof, in the City where Municipal Solid Waste is produced, generated or accumulated. 1.2 .26 Preprocessing Facility. "Preprocessing Facility" means a facility in which Yard Waste or Recycling Materials are sorted or reloaded for transfer to a processing facility. 1.2 .27 Rate Structure. "Rate Structure" means that set of prices established by the City to compensate the Contractor for the full costs of the collection, processing, Recycling, Composting, and/or transformation or landfill disposal of solid wastes. 1.2 .28 Recyclable Materials. "Recyclable Material" means any product Salvaged or collected for the purpose of reprocessing or remanufacturing. 1.2 .29 Recycling Fee. "Recycling Fee" shall mean the fee established in the Rate Schedule to fund the cost of Waste Diversion activities. 1.2 . 30 Recycling Surcharge. "Recycling Surcharge" shall mean that fee established by the City and collected by the Contractor to fund the administrative and related costs of the City for compliance with the Waste Diversion mandates of the State. -5- 0 0 1.2 . 31 Salvaging. "Salvaging" means the process of controlled removal of waste for the purposes of Recycling or for the purpose of reuse without reprocessing or remanufacturing the materials. 1.2 .32 Single Family Dwelling Unit. "Single Family Dwelling Unit" means each Premises used for or designated as a single-family residential dwelling, including each part of a condominium project, duplex, townhouse project, apartment building or mobile home park in which each Premises receives individual collection of waste generated. 1.2 .33 Source Reduction. "Source Reduction" means the process of reducing the amount of waste produced by the person or organization generating such waste. Source Reduction occurs through the use of alternative goods and products and/or the reuse of goods and products. 1.2 . 34 Source Separated. "Source Separated" describes the segregation, by the generator, of materials designated for separate collection for some form of materials recovery or special handling. 1.2 .35 Stable Matter. "Stable Matter" means all manure and other waste matter normally accumulated in or about a stable, or any animal, livestock or poultry enclosure, and resulting from the keeping of animals, poultry or livestock. 1.2 . 36 Street Sweepings. "Street Sweepings" means the debris collected in the process of sweeping the streets of the City. 1.2 .37 Tipping Fee. "Tipping Fee" is the common name for and has the same meaning as Disposal Fee. 1.2 . 38 Yard Waste. "Yard Waste" means any wastes generated from the maintenance or alteration of public, commercial or residential landscapes including, but not limited to, yard clippings, leaves, tree trimmings, prunings, brush, and -6- • • weeds. Tree stumps and limbs greater than six (6) inches in diameter are excluded. 1.3 Delegation of Authority. The administration of this Agreement by the City shall be under the supervision and direction of the City Managers office and the actions specified in this Agreement shall be taken by the City Manager. ARTICLE 2 . C019TRACT DOCUMENTS. 2. 1 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 and this Agreement. All of the provisions of the Contract Documents are incorporated and made a part of this Agreement as though set forth in full. Nothing shall prevent the City from amending Chapter 6 . 04 of the Municipal Code or from adopting such other and further legislation as the City deems necessary or appropriate; provided, however, that the City shall give Contractor ten (10) days notice prior to considering any amendment to Chapter 6 . 04 . ARTICLE 3 . GRANT OF FRANCHISE; SCOPE OF FRANCHISE; EXCLUSIONS. 3. 1 Grant of Franchise. 3 . 1. 1 General Grant. The City grants to Contractor and Contractor shall have throughout the duration of this Agreement, the exclusive franchise, right, license and privilege to engage in the business of collecting and transporting Municipal Solid Waste generated within the City of Palm Springs. 3 . 1.2 Dui . To the extent that this franchise is exclusive, it shall be so only if contractor is and shall be at all times ready, willing and able to collect and transport and dispose of all Municipal Solid Waste generated within the City of Palm Springs in accordance with the provisions of this Agreement and all applicable laws, rules and regulations. 3 . 1.3 Annexations. This agreement extends to any territory annexed to the City during the Term of this Agreement except to the extent that collection by Contractor within that annexed territory would violate the provisions of Public Resources -7- Code Section 49520. In such event, this agreement shall become effective as to such area at the earliest possible date permitted by law, and City agrees that it shall cooperate with Contractor to fulfill any requirement necessary for Contractor to serve the annexed area consistent with this paragraph. 3 .2 Scope of Franchise; Exclusions. The franchise granted to Contractor shall be exclusive except as to the following: A. Bulky Waste which is personally collected and removed, in a manner consistent with the Palm Springs Municipal Code and other applicable governing laws, by a Bulky Waste producer or the Owner of Premises upon which Bulky Waste has accumulated; B. Yard Waste and other compostables removed from a Premises by an Owner or resident of Premises or by a gardening, landscaping or tree trimming contractor as an incidental part of a total service offered by that contractor rather than as a hauling service; C. Hazardous Waste; D. Recyclables disposed of at legally mandated public redemption centers that comply with all reporting and other requirements imposed by any political entity having jurisdiction over those redemption centers; E. The casual or emergency collection, removal, disposal or diversion of Municipal Solid Waste by the City through City officers or employees in the normal course of their employment. 3.3 Franchise Fee and City Recycling Surcharge. Contractor shall pay to City a Franchise Fee and Recycling Surcharge for each account serviced by it, and for which it has received payment, pursuant to this Agreement, in the amounts set forth on Exhibit A, attached hereto and by this reference made a part hereof. The Recycling Surcharge shall be adjusted annually by the same percentage as Contractor's Rate Schedule is adjusted pursuant to Article 8 hereof. The Franchise Fee for all categories of service except Single Family Dwelling Units and Multiple Family Dwelling Units with Customer Provided Containers, shall increase to 15%, 17% and 19% of the Collection Service Rate in the second, third and fourth years of this Agreement, respectively. Thereafter the Franchise Fee shall be adjusted annually by the same percentage as Contractor's Rate Schedule is adjusted pursuant to Article 8 hereof. -8- • i 3 .4 Effective Date of Franchise Fee. The Franchise: Fee specified in Section 3 . 3 shall be effective October 1, 1992 . For the period October 1, 1992 , through December 31, 1992 , Contractor shall continue to pay the Franchise Fee amounts as specified in Agreement #1298 as amended. The difference between the Franchise Fee effective October 1, 1992 and the Franchise Fee amounts paid by Contractor during the period October 1, 1992 through December 31, 1992 , shall be payable by Contractor in thirty-six (36) equal monthly installments, commencing with the Franchise Fee payment made by Contractor in February 1993 . 3. 5 Time of Payment. Contractor shall pay the Franchise Fee prescribed in Section 3 . 3 not more than twenty (20) days following the end of each calendar month. 3 . 6 Accompanying Information. Each payment of the Franchise Fee shall be accompanied by a statement setting forth the gross receipts collected by Contractor and the computation of the total Franchise Fee due. Each statement shall include the following certification executed by an officer of the Contractor: "I hereby certify that the foregoing statement of Franchise Fee payments is made by me, that I am authorized to make such statement, and that, to the best of my knowledge and belief, it is true, correct and complete. " ARTICLE 4 . TERM OF AGREEMENT. 4. 1 Term. The term of this Agreement shall be for a period of ten (10) years commencing October 1, 1992 to and including September 30, 2002 . 4.2 Conditions to Effectiveness of Agreement. The obligation of City to permit this Agreement to become effective and to perform its undertakings provided for in this Agreement is subject to Contractor's satisfaction of each and all of the conditions set forth below, each of which may be waived in whole or in part by the City. -9- 0 4 .2. 1 Representations and Warranties of Contractor. 4.2. 1. 1 Corporate Status. Contractor is a corporation duly organized, validly existing and in good standing under the laws of the State of California. Contractor is qualified to transact business in the State of California and has the corporate power to own its properties and to carry on its business as now owned and operated and as required by this Agreement. 4.2 . 1.2 Corporate Authorization. Contractor has the authority to enter into and perform its obligations under this Agreement. The Board of Directors of Contractor (or the shareholders if necessary) have taken all actions required by law, its articles of incorporation, its bylaws or otherwise, to authorize the execution of this Agreement. The persons signing this Agreement on behalf of Contractor have authority to do so. Entering into this Agreement does not violate any provision of any other Agreement to which Contractor is bound. 4.2 .2 Accuracy of Representations. The representations and warranties made by Contractor in Section 4 . 2 . 1 above are true and correct on and as of the effective date of this Agreement. ARTICLE S. SERVICES OF CONTRACTOR. 5. 1 General Standards. The work to be 'performed pursuant to this Agreement shall include the furnishing of all supervision, labor, materials, equipment, tools, expertise and any other items necessary to perform the services described in this Agreement. All work shall be accomplished in a courteous, thorough and workmanlike manner and adhere to the highest standards consistent with the best practice in the industry. 5.2 Standards of Performance. 5.2 . 1 Availability of Contractor. Contractor shall maintain a local office for the purpose of receiving customer payments and handling customer inquiries, orders and complaints. The local office shall be open to the public between the hours of 8 : 00 a.m. to 5 : 00 p.m. , five (5) days per week, Monday through Friday, Holidays excepted. Additionally, the Contractor shall employ the services of a telephone answering exchange for calls during non-business hours. The Contractor shall provide a telephone -10- system sufficient and adequate to handle calls during peak periods. The Contractor shall provide the City Manager and the Police and Fire Departments with an emergency telephone number. 5.2 .2 Citizen Complaints. The Contractor shall respond to all complaints within twenty-four (24) hours and shall exercise due diligence to resolve all complaints. The City may, but is not obligated to, respond to complaints that have not been resolved within twenty-four (24) hours and may charge the Contractor for the actual costs incurred. 5.2 .3 Record of Complaints. Contractor shall maintain a record of all complaints for a period of three (3) years. 5.2 .4 Disputes. Disputes between the Contractor and its customers regarding the services provided in accordance with this Agreement may be resolved by the City. The City's decision shall be final and binding. 5.2 . 5 Record of Non-Collected Materials. The Contractor shall notify customers in the event any item left for disposal is not picked up. Said notification shall be in writing and shall give the reason for non-collection. Reasons for non-collection may include, but are not limited to, the following: Containers inaccessable to Contractor (after Contractor has made a reasonable effort to secure access) ; Improper container (see Section 5. 5. 3) ; Container overfilled (see Section 5 . 5 . 3) ; Heavy container (see Section 5 . 5 . 3) ; Container includes Hazardous Waste. The Contractor shall maintain a record of all items not collected. 5.2 . 6 Property Damage Caused by Contractor. The Contractor shall be responsible for the cost of repairing any property damaged by the negligent or intentional conduct of its employees. 5.2 . 7 Quality of Service Surveys. The City may, at its own expense, conduct periodic Quality of Service Surveys of Contractor's customers. Prior to finalizing the survey form, the City shall review the survey with the Contractor. Results of the Quality of Service Survey shall be reviewed with the Contractor and used to discuss improvements in service delivery. -11- 5.2 .8 Annual Route Audit. At least once annually, Contractor shall conduct an audit of its collection routes. The annual route audit shall include the truck identity, number of accounts serviced, frequency of pick-ups, size of container (Commercial Containers) , as well as the weight of the truck and refuse delivered to the Disposal Site. Results of the annual route audit shall be available for review by the City. 5.2 .9 "On-Call" Equipment and Personnel. During normal business hours, the Contractor shall have "on-call" one (1) truck to handle called-in pick-ups or missed collections. After normal business hours, the Contractor shall have "on-call" the necessary manpower and equipment to respond to customer emergencies that are an immediate threat to life or property. 5.3 Mandatory Service. At all times during the term of this Agreement the City shall require the Owner of each occupied Premises where Municipal Solid Waste is produced to subscribe to the collection service provided for in this Agreement and in Chapter 6. 04 of the Palm Springs Municipal Code. 5. 3. 1 Exemptions. Premises which have been unoccupied by any ' human habitation and upon which no refuse has been produced or accumulated for twelve (12) consecutive months may be exempted from service by the City. The granting of an exemption shall be conditioned upon completion of an application for exemption and its approval by the City. Exemptions shall expire each December 31. An exemption may be renewed, provided that during twelve (12) consecutive months prior to application for renewal the Premises have been unoccupied by any human habitation and no refuse has been produced or accumulated. 5.4 Hours of Operation. 5. 4 . 1 Residential Hours. Collection services at Residential Units shall not start before 7 : 00 a.m. nor continue after 8 : 00 p.m. of any day. 5.4.2 Conunercial Hours. Collection services at Commercial and Industrial Units shall not start before 6 : 00 a.m. nor continue after 8 : 00 p.m. of any day. -12- 0 5. 4.3 Revisions to Hours. City may from time to time revise the collection hours specified in Sections 5 .4 . 1 and 5. 4 . 2 of this Agreement. 5.5 Residential Collections. 5.5. 1 Frequency of Residential Service. Collection service for Residential Units shall be twice weekly. 5.5.2 Location of Residential Collections. Collections for Residential Units shall be made from the backyard. Residents may elect to place containers at an alternate collection location provided that the placement and retrieval of containers complies with the requirements of the Palm Springs Municipal Code. 5. 5. 3 Customer Provided Containers. Containers for collections from Residential Premises shall be provided by the resident. Containers shall be of plastic or metal material and expressly made for use as a trash container. Containers shall be: water-tight, covered with a tightfitting lid, equipped with a handle for lifting, formed with tapered sides to facilitate emptying, not exceed thirty-two (32) gallon capacity, and not exceed a loaded weight of fifty (50) pounds. Plastic bags are suitable for use provided they are not torn or overloaded so as to cause a tear upon being lifted. Contractor shall not be required to empty Customer Provided Containers that do not meet these standards. 5. 5. 4 Contractor Provided Containers. At the election of the Owner, the Contractor shall provide Residential Units with Commercial Container service. Provision of such service shall be contingent upon access and the ability of the Owner to provide a suitable location for the storage of the Commercial Container in accordance with the provisions of the Palm Springs Municipal Code. The size of the Commercial Container and the frequency of collection shall be determined by the mutual agreement of the Owner and Contractor. 5.5. 5 Collection Quantities. Until such time as separate collection of Yard Waste commences, collection of Customer Provided Containers shall be limited to two (2) each collection day for the basic -13- i • service specified in the Rate Schedule plus reasonable amounts of bundled Yard. Waste at the curb. When separate collection of Yard Waste commences, the basic service rate specified in the Rate Schedule shall permit the collection of three (3) Customer Provided Containers of Household Waste. The separate weekly collection of Yard Waste shall be for two (2) Customer Provided Containers collected from the backyard. Collection of additional amounts of Household Waste shall be subject to the payment of an additional charge provided for in the Rate Schedule. 5.5. 6 Notice of Residential Collection Schedule. Twice annually (in April and October) Contractor shall provide written route schedules and maps of the routes to the City and to each customer. The route schedules and maps shall also be published in a newspaper of general circulation in the City in the same time periods. 5.5 .7 changes in Residential Collection Schedule. Any changes in the route schedule shall require the prior approval of the City. City may require changes in the route schedule for among other things, to improve service or resolve complaints. Prior to the change of a route schedule, Contractor shall provide written notice of the change to affected customers seven (7) days in advance and shall publish the changes in a newspaper of general circulation. 5.5.8 Collection of Yard Waste. At such time as a Composting Facility located within a reasonable haul distance of the City is permitted by the County, the Contractor shall commence the separate collection of Yard Waste from each Single Family Dwelling Unit within the City. The use of Compost Facilities will be restricted to those which meet the requirements of the State Public Resources Code. Contractor may restrict the collection of Yard Waste to one (1) of the two (2) weekly collections provided to Single Family Dwelling Units. In so doing, Contractor shall increase the limit of regular Household Waste collected on the remaining weekly collection day to four (4) Customer Provided Containers. 5. 5. 9 Collection of Used Motor Oil. The Contractor shall provide free collection of used motor oil for a1.1 residents. Used oil collected by -14- • 0 Contractor shall be Recycled or disposed of in accordance with all applicable "laws. The Contractor shall provide residents with information for the proper collection of used motor oil. Contractor is not required to collect used motor oil in quantities of more than twelve (12) quarts at any one (1) time. The Contractor may refuse to collect used oil originating, or suspected to originate, from commercial operations or, at Contractor's election, may charge a fee to do so. 5. 6 Commercial and Industrial Collections. 5. 6. 1 Frequency of Commercial and Industrial Service. Commercial and Industrial Units shall be provided with a minimum once weekly collection. Commercial and Industrial Units may share containers with neighboring business establishments provided that all sharing Units share the same Premises. 5. 6.2 Commercial and Industrial Collection Locations. Unless expressly instructed by the City, Contractor shall provide Commercial Containers only to those Commercial or Industrial Premises that provide an appropriate location in accordance with the Palm Springs Municipal Code. 5. 6. 3 Customer Provided Containers. Contractor shall service Customer Provided Containers provided that they are constructed to specifications approved by Contractor and the City and otherwise comply with the Contract Documents. 5.7 Temporary Services. Temporary Bin service and Temporary Drop-Off Box services shall be provided at the frequency and location desired by the customer in accordance with the requirements of the Palm Springs Municipal Code. 5.8 Collection of Bulky Waste. Twice annually (October and April) , Contractor shall conduct a cleanup campaign for the collection of Bulky Waste at curbside for all residents. The cleanup program shall be conducted free of charge for residents and shall be conducted for one (1) full week. Contractor shall bear the cost of publicizing the program. -15- 0 0 5.9 Free Service to City Facilities. Contractor shall provide free service to City facilities including the City Corporation Yard. Notwithstanding the foregoing, City shall nevertheless pay the full fee set forth in the Rate Schedule for waste collected at the City Corporation Yard unless City separates materials by Street Sweepings, Yard Waste and other waste and disposes of each separately in containers provided by Contractor. Contractor shall pay Disposal Charges for Source Separated waste. 5. 10 Residential Recycling Programs. 5. 10. 1 Residential Recycling Frequency. Contractor shall collect Recyclable Materials from Single Family Dwelling Units once each week from Contractor Provided Containers. Collections from Multiple-Family Dwelling Units with Contractor Provided Containers for Municipal Solid Waste collection shall have Recyclable Materials collected at a reasonable frequency to be determined by the Contractor. 5. 10.2 Residential Recycling Location. Contractor shall collect Recyclable Materials produced by Single Family Dwelling Units from the curb. Recyclable Materials from Multiple-Family Dwelling Units with Contractor Provided Containers for Municipal Solid Waste collection shall be collected at centralized locations determined by the Contractor in accordance with any applicable provisions of the Palm Springs Municipal Code, or as otherwise established by the City. 5. 11 Commercial and Industrial Recycling Programs. 5. 11. 1 Commercial and Industrial Recyclin Frequency. Contractor shall collect Recyclable Materials from Commercial and Industrial Units at a reasonable frequency to be determined by the Contractor. 5. 11.2 Commercial and Industrial Recycling Location. Contractor shall determine the appropriate collection location for Recyclable Materials generated by Commercial and Industrial Units, in accordance with any applicable provisions of the Palm Springs Municipal Code, or as otherwise established by the City. -16- 0 i 5.12 Buy-Back Center. Contractor shall operate a Buy-Back Center for the purpose of purchasing Recyclable Materials from residents. ARTICLE 6. WASTE DIVERSION. 6. 1 State Mandate:. California Public Resources Code Section 41780 establishes the initial goal of diverting 25% of the City's waste from landfill facilities by January 1, 1995 and the secondary goal of diverting 50% of the City's waste by January 1, 2000 . If the City has failed to implement its required plans to achieve the aforementioned goals, under Public Resources Code Section 41850, the California Integrated Waste Management Board may impose administrative civil penalties of up to ten thousand dollars $10, 000 per day until the City implements its plans. 6. 1. 1 Joint Responsibilities. The City and Contractor shall jointly develop Waste Diversion strategies and develop a program adequate to meet the requirements established by the State. Should City and Contractor not be able to agree on a joint program, City shall specify the program to be implemented. Contractor may protest the City's plan by identifying specific provisions with which Contractor disagrees and the reasons for that disagreement. 6. 1.2 City Waste Diversion Responsibilities. The City shall cooperate with the waste diversion efforts of the cities of the Coachella Valley, and shall coordinate activities .and programs to the extent possible. The City shall designate a full-time position of "Recycling Coordinator" to carry cut the responsibilities of the City enumerated in this Agreement, the Source Reduction and Recycling Element of the City's General Plan and State Law. The City shall enact, administer and enforce appropriate regulations, incentives and sanctions necessary to encourage the participation of Residential, Commercial and Industrial Units of the city in Waste Diversion programs. The City shall develop reporting procedures for all Premises that generate and accumulate Solid Waste and all parties that collect or transport Solid Waste, and shall enforce and monitor reporting in order to comply with the requirements of the State. -17- 6. 1.3 Contractor Waste Diversion Responsibili- ties. The Contractor shall cooperate with the Waste Diversion activities of the cities of the Coachella Valley, and shall coordinate activities and programs to the extent possible. The Contractor shall comply with the Waste Diversion reporting requirements established by the City. The Contractor shall cooperate with the City's efforts to develop and implement: public education and information programs designed to promote Source Reduction, Recycling and Composting in general as well as specific Waste Diversion strategies. The Contractor shall implement the strategies jointly developed and agreed to by the parties. To the extent that the failure of Contractor to perform its obligations under this Section is the direct cause for penalties to be imposed against the City pursuant to the provisions of Chapter 6 of the Public Resources Code of the State of California, it shall reimburse the City for such portion of the fine attributable to such failure to perform. City acknowledges that although Contractor has the exclusive right to collect and transport Municipal Solid Waste generated in the City, in actuality, Contractor currently collects and transports only about one-half of the total amount of waste, subject to the provisions of Chapter 6, generated in the City, and that therefore to meet the mandates of that Chapter, additional and significant legislation affecting the disposal of Waste not covered by this Agreement shall likely be required. 6. 1. 4 Meet and Confer Re Process. Contractor and City shall meet and confer periodically to monitor the effectiveness of the Waste Diversion program and its implementation. 6.2 Recycling. 6.2 . 1 Recycling Revenues. Contractor shall be entitled to all revenue produced from the sale of Recyclables collected, Salvaged or purchased by Contractor. Contractor revenues from Recycling shall not be subject to the payment of Franchise Fees to City. 6.2 .2 Best Market Price. Contractor shall use its best effort to secure the best market price on collected Recyclables and shall report to the City annually on the return market for collected Recyclables. -18- 0 6.2 .3 Contractor, Authorized Recycling Agent. City hereby designates Contractor as its authorized recycling agent for -the purposes of conducting recycling activities within the City pursuant to the terms of Public Resources Code Section 40105. Notwithstanding the foregoing, Contractor at all times shall be and remain an independent contractor. ARTICLE 7. VEHICLES, EQUIPMENT AND PERSONNEL 7. 1 Vehicles. 7. 1. 1 General. Contractor shall provide a fleet of collection vehicles sufficient in number and capacity to perform efficiently the work required by this Agreement in strict accordance with its terms. Contractor agrees to maintain each piece of equipment used by it in good order and repair. All vehicles shall be uniformly painted. All vehicles shall be registered with the California Department of Motor Vehicles and shall meet or exceed all applicable state and local requirements. 7 . 1.2 Truck Bodies. All truck bodies used by Contractor shall be constructed of metal, shall be watertight and leakproof and shall be so constructed as to prevent odors or falling, leaking or spilling Municipal Solid Waste. Each vehicle shall carry at all times a broom and shovel to be used for the immediate removal of any spilled material. Each vehicle shall also carry a fire extinguisher and first aid kit. 7. 1. 3 Backup Alarm. Each vehicle used for collecting, hauling or disposing of Refuse shall be equipped with an audible warning device that is activated when the vehicle is backing up. 7. 1. 4 Gross Vehicle Weight Limit. No vehicle used for collecting, hauling or disposing of Refuse shall be loaded in excess of the manufacturer's gross vehicle weight rating or in excess of the maximum weight specified by the California Vehicle Code, whichever is less. Evidence of the manufacturer's name and gross vehicle weight rating shall be maintained in, or upon, every vehicle. -19- 0 7.1.5 Vehicle Identification. All vehicles used in the performance of this Agreement shall bear the Contractor's name, phone number and vehicle number in minimum lettering of two (2) inches. 7.2 Vehicle Maintenance and Appearance. 7.2 . 1 Vehicle Inventory and Replacement Plan. Within thirty (30) days of the effective date of this Agreement, Contractor shall provide City with an inventory of vehicles used in the performance of this Agreement and a copy of Contractor's Vehicle Replacement and Acquisition Plan for the period October 1, 1991 through September 30, 1996 . On or before July 1, 1996, City and Contractor shall meet and confer with respect to updating Contractor's Vehicle Replacement and Acquisition Plan for the period October 1, 1996 through September 30, 2001. 7.2 .2 Preventive Maintenance and Repair Program. Within thirty (30) days of the effective date of this Agreement, Contractor shall establish and implement a complete and comprehensive preventive maintenance and repair program. Contractor shall provide a copy of its preventative maintenance program to City for its review and approval. Contractor shall perform all scheduled maintenance functions in accordance with the manufacturer's specifications and schedule and shall inspect each vehicle daily to ensure that all equipment is operating properly. Vehicles that are not operating properly shall be taken out of service until they are repaired and do operate properly. Contractor shall keep accurate records of all vehicle maintenance and repairs, recorded according to date and mileage, nature of maintenance or repair and the signature of a maintenance supervisor or mechanic that the maintenance or repair has been properly performed. Contractor shall make such records available to City on request, to the extent necessary to perform the inspections authorized by this Agreement. 7.2 .3 Vehicle Cleaning. Each vehicle used within the City shall be cleaned thoroughly by washing with water after each day's use. Vehicles shall be washed completely at least once a week and steam-cleaned on a regular basis so as to present a clean appearance and minimize odors, but in no event less than once a month. -2 0- 0 7.2 .4 Vehicle Storage. No vehicle used by Contractor in performance of this Agreement shall be stored on any public street or other public property in the City. All vehicles if kept within the boundaries of the City shall at all times when not in use be kept on property of the proper zone either within a building or fenced yard. 7. 3 Containers. Contractor shall maintain Contractor Provided Containers as needed and shall clean and paint each container annually. More frequent cleaning and painting shall be conducted as needed at the expense of the customer at the rates and charges specified in the Rate Schedule. Contractor shall repair or replace all Customer Provided Containers damaged by Contractor's operations. 7 .4 Inspections. 7. 4. 1 Initial City Inspection. Within the first thirty (30) days following the date Contractor provides a copy of its Vehicle Replacement and Acquisition Plan to City, City may inspect Contractor's vehicles for the purpose of determining the adequacy of Contractor's Vehicle Replacement and Acquisition Plan to provide vehicles that are safe, sanitary and of good appearance. 7 .4 .2 City Inspection Per Code. City may cause any vehicle used in performance of this Agreement to be inspected and tested at any commercially reasonable time and in such manner as may be appropriate to determine that the vehicle is being maintained in compliance with the provisions of the Palm Springs Municipal Code and the State Vehicle Code, including but not limited to California Vehicle Code Sections 27000 (b) , 23114 , 23115, 42030, 42032 , and all Vehicle Code Sections regarding smog equipment requirements. City may direct the removal of any vehicle from service if that vehicle is found to be in nonconformance with applicable codes. No vehicle directed to be removed from service shall be returned to service until it conforms with applicable codes and such conformance has been acknowledged by City. 7 .4. 3 Brake Inspections. The brake system of each vehicle used in performance of this Agreement shall be inspected and certified annually according to state law by the California Highway Patrol or by a brake inspection station licensed by -21- 0 i the California Highway Patrol. Notice of certification shall be filed with the City within thirty (30) days after each such certification. Failure to submit the required certification shall be grounds for terminating this Agreement. 7.4 .4 Correction of Defects. Following any inspection, the City Manager shall have the right to cause Contractor to recondition or replace any vehicle or equipment found to be unsafe, unsanitary or unsightly. The City Manager's determination may be appealed to the City Council. 7. 5 Personnel. 7. 5. 1 General. Contractor shall furnish such qualified drivers, mechanical, supervisory, clerical and other personnel as may be necessary to provide the services required by this Agreement in a courteous, safe and efficient manner. 7 .5.2 Driver qualifications. All drivers shall be trained and qualified in the operation of collection vehicles and must have in effect a valid license, of the appropriate class, issued by the California Department of Motor Vehicles . 7.5.3 Uniforms and Identification Badges. Contractor shall require its drivers and all other collection personnel to wear a suitable and appropriate uniform as a means of identifying the employee. All other employees of Contractor, who come into contact with the public shall carry suitable identification badges or cards upon their person. 7. 5.4 Employee Appearance and Conduct. All employees, while engaged in the collection of Municipal Solid Waste within the City, shall be attired in uniform. At least one member of every collection truck crew shall be able to read and speak English. Contractor shall use its best efforts to assure that all employees present a neat appearance and conduct themselves in a courteous manner. Contractor shall regularly train its employees in customer courtesy, shall prohibit the use of loud or profane language, and shall instruct collection crews to perform the work as quietly as possible. If any employee is found not to be courteous or not to be performing services in the manner required by this Agreement, Contractor shall take all appropriate corrective measures. -22- The City reserves the right to perform a security and identification check through the City's Police Department upon Contractor and all its present and future employees, in accordance with accepted procedures established by the City, or for probable cause. 7.5.5 Safety Training. Contractor shall provide suitable operational and safety training for all its employees who use or operate vehicles or equipment for collection of Municipal Solid Waste or who are otherwise directly involved in such collection. Contractor shall train its employees involved in Municipal Solid Waste collection to identify, and not to collect, hazardous or infectious waste. 7. 5. 6 Safety. All work performed pursuant to this Agreement shall be performed in a manner that provides safety to the public and meets or exceeds; safety standards outlined by the California Construction Safety Orders under the State of California Code of Regulations (CAL-OSHA) . City reserves the right to issue restraint or cease and desist orders to Contractor when unsafe or harmful acts are observed or reported to City. Contractor shall maintain its maintenance facility and yard free of hazards to persons and/or property. Contractor shall instruct its employees to report immediately any hazardous conditions they observe within the City during the course of their work to the City. 7. 5. 7 No Gratuities. Contractor shall not permit its employees to demand or solicit, directly or indirectly, any additional compensation or gratuity from members of the public for the work performed by those employees pursuant to this Agreement. ARTICLE 8. CONTRACTOR'S COMPENSATION 8. 1 Rate Schedule. Contractor shall be authorized to charge the rates and fees for service as specified in the attached Exhibit A, which is incorporated by this reference. Contractor shall not receive any other :Pees or compensation for the services to be performed pursuant to this Agreement, except those fees expressly provided for in this Agreement. -23- 0 0 8.2 Changes in Rate Schedule. 8.2 .1 Formula Adjustment. The Rate Schedule provided for in Section 9 . 1 and specified in Exhibit A shall be adjusted annually effective each January 1st. Said adjustment shall be equal to the percentage change in the Consumer Price Index for All Urban Consumers, for the Los Angeles, Long Beach, San Bernardino Standard Metropolitan Statistical Area, as published by the United States Department of Labor, Bureau of Labor Statistics. Said change shall be measured for the twelve (12) month period June to June. The first increase for Single Family Dwelling Units shall be effective January 1, 1994 , based upon changes in the Consumer Price Index formula for the period June, 3.992 - June, 1993 . The first increase for all other categories of service shall be effective January 1, 1993 , based upon changes in the Consumer Price Index formula for the period June, 1991 - June, 1992 . In the event that the adjustment as calculated pursuant to this Section is less than or equal to three percent (3%) , not later than August 30 of each applicable year, Contractor shall provide notice to City Manager of the amount of the applicable adjustment and the new rates to become effective the succeeding January 1, together with such supporting data and analysis as is necessary for City Manager to verify the accuracy of Contractor's computations. Within sixty (60) days of receipt of Contractor's proposed rate adjustment notice, City Manager shall advise Contractor if City Manager believes Contractor's proposed rate adjustment is correct or incorrect. Contractor shall provide thirty (30) days notice to customers of all rate increases. 8.2 .2 Council Review. Should the formula adjustment result in a change of more than three percent (3%) , Contractor may elect to accept a three percent (3%) adjustment which shall become effective January 1, after notice to the City Manager in accordance with the provisions of Section 8 . 2 . 1 above, or may submit a request not later than August 30 for a review of the change in rates by the City Council. The City Council may approve the request or undertake a review and determination of appropriate rates. The City Council's determination may range from no increase to the full formula adjustment requested by Contractor. The decision of the City Council shall be binding. In making its review and determination the Council may consider all prior rate increases, the effect of all Disposal Fee increases, Recycling Surcharges and any other increased charges, and the cumulative effect of all such increases in setting the rate adjustment. The City Council shall consider whether the cost is unusual, whether the amount of the requested increase is warranted, whether -24- the Contractor is not otherwise adequately compensated by the other rates and charges provided for in this Agreement, whether the schedule of rates and charges in Palm Springs is commensurate with surrounding communities, whether Contractor is making a fair return on its investment, and whether the increase is otherwise warranted. The Contractor must give notice of the proposed rate increase and its effective date to affected customers at least thirty (30) days in advance and shall publish the request for rate increase and the date for Council review of the rate adjustment request in a newspaper of general circulation. 8.2 .3 Time of the Essence. The parties recognize that time is of the essence whenever a review of rates is undertaken. Any request of the Contractor for adjustment of the Rate Schedule not acted upon by the City Council prior to January shall automatically become effective on January 1st provided the request is consistent with the formula adjustment specified in Section 8 . 2 . 1 and provided that said request is submitted to the City Manager prior to August 30th. Reviews and approvals required under Section 8. 2 . 2 shall not delay the effective date unless expressly agreed to by both parties. 8.2 . 4 Disposal Fees. Disposal Fees are specifically excepted from the formula adjustment provided for in Section 8 . 2 . 1. Adjustments to Disposal Fees shall be made based upon the change in the Disposal Fees levied by the operator of the Disposal Site and shall become effective concurrent with the effective date of the Disposal Fees; provided, however, that no change in Disposal Fee shall become effective until Contractor has given thirty (30) days notice to all customers. 8.2 . 5 Right to Petition for Unusual Changes in the: Cost of Doing Business or to Recover Costs Associated with the Imposition of New Legal Requirements. The Rate Schedule together with the annual formula adjustment are deemed adequate compensation for the services performed pursuant to this Agreement. However, should the Contractor experience unusual changes in the cost of doing business or determine that additional costs are associated with the imposition of new legal requirements, including but not limited to, amendment of Section 6 . 04 of the City's Municipal Code, that materially affect the Contractor's ability to perform or its operating expenses or income, Contractor may petition the City for an additional adjustment to the Rate Schedule. Contractor shall accompany its petition with adequate justification of the additional -25- 0 expenses incurred or anticipated. The City Council shall consider whether the cost is unusual, whether the amount of the requested increase is warranted, whether the Contractor is not otherwise adequately compensated by the other rates and charges provided for in this Agreement, whether the schedule of rates and charges in Palm Springs is commensurate with surrounding communities, whether Contractor is making a fair return on its investment, and whether the increase is otherwise warranted. The City shall not unreasonably disapprove all or any portion of the requested adjustment. The Contractors compensation provided for by the Rate Schedule assumes the continued use of the Edom Hill Landfill operated by the County of Riverside. Should a temporary or permanent change in the location of the Disposal Site occur, Contractor and City shall meet to negotiate additional compensation to offset the additional operating expenses that the Contractor did or will incur as a result of the change in location. To the extent possible, providing thirty (30) days notice has been provided to customers, changes in compensation shall be concurrent with the effective date of the change in Disposal Site location. 8. 3 Billing. 8. 3 . 1 Residential Accounts. Residential accounts shall be billed by the Contractor bi-monthly in advance of service being provided. 8.3 .2 Commercial and Industrial Accounts. Commercial and Industrial accounts shall be billed by the Contractor at the end of the month in which service is provided. 8.4 Delinquent Accounts. 8.4 . 1 Single Family Dwelling Units. Contractor shall not discontinue service to single Family Dwelling Units that do not pay for services rendered. City agrees to handle the collection of delinquent Single Family Dwelling Units as a lien on the property collected on the tax bill. By May 30 each year, Contractor shall submit a list to the City of each property nine (9) or more months delinquent in the payment of fees for services provided by Contractor under this Agreement. Said list shall include the property address, county assessors parcel number, name of property owner (s) and amount delinquent. The amount delinquent shall be the amount owed the Contractor plus fifteen percent (15%) for administration and handling. -26- 0 City shall conduct a public hearing as provided for by statute and shall cause the delinquent fees to be placed upon the property tax bill for collection as a lien. Within thirty (30) days of receipt of each tax bill installment payment from the County, City shall pay Contractor, less applicable Franchise Fees and a ten percent (10%) administrative charge, the funds collected from delinquent properties.. Promptly upon receipt from the County, City shall provide Contractor with a listing of each property for which payment is being made, together with the amounts collected, Franchise Fee and administrative charge withheld, and the amount remitted for each account. 8.4.2 Commercial, Industrial and Multiple- Family Dwelling Unit Accounts. Contractor may discontinue service to Commercial, Industrial and Multiple-Family Dwelling Units whose accounts are more than ninety (90) days past due. Contractor shall be entitled to collect late charges at the rate of 1. 5% per month. In addition, to reinstate discontinued services and to redeliver Contractor Provided Containers, Contractor may charge those rates set forth in the Rate Schedule attached as Exhibit A. Delinquent Commercial, Industrial and Multiple- Family Dwelling Unit accounts shall not be subject to the tax bill collection procedure employed for Single Family Dwelling Unit accounts. 8.4.3 Other Revenues. Contractor's compensation shall also include all revenues from the sale of Recyclable Materials and Disposal Fees saved as a result of Waste Diversion activities. ARTICLE 9. ACCOUNTING AND RECORDS 9 . 1 Financial Statements. Contractor shall have financial statements prepared, on a reviewed basis, by an independent certified public accountant in accordance with generally accepted accounting principals, consistently applied. 9 .2 Inspection of Contractor's Accounts and Records. Contractor's record of complaints, gross income, franchise fee payments and customer payment histories shall be available at the Contractor's principal office in the City at any time during regular business hours for inspection and/or audit by the city Manager or his duly authorized representative for a period of three years following the close of the Contractor's fiscal year, which ends September -27- • 0 30. Contractor shall provide City with a copy of any requested record at no cost to City. 9.3 Cost of Audit. Should an 'audit by the City disclose that the franchise fees payable by the Contractor were underpaid by two percent (2%) or more, or that Residential or Commercial and Industrial Customers were overcharged by two percent (2%) or more, for the period under review, Contractor shall pay for the cost of City's audit. 9. 4 Payments and Refunds. Should an audit by the City disclose that the franchise fees payable by the Contractor were underpaid or that customers were overcharged for the period under review, Contractor shall pay to City any underpayments of franchise fees and/or refund to Contractor's customers any overcharges. Should an audit disclose that Franchise Fees were overpaid, City shall promptly refund to Contractor the amount of the overpayment. ARTICLE 10. TERMINATION OF AGREEMENT 10. 1 City Right to Terminate. The City shall have the right to terminate Contractor's franchise and this Agreement upon Contractor's material breach of any of its obligations under this Agreement. The City's right to terminate shall be in addition to any other remedy provided in this Agreement or provided by law and shall include, but not be limited to, any of the events of default set forth in this Section. The City's failure to specify an obligation in this Section does not preclude the City from later asserting that a breach of such obligation is material. 10. 1. 1 If Contractor practices, or attempts to practice, any fraud or deceit upon the City. 10. 1.2 Should the Contractor or any of its officers, directors, shareholders, subsidiaries, affiliates, employees or agents be or have been found guilty of felonious conduct related to the performance of this Agreement, or of felonious conduct related to anti-trust activities, illegal transport or disposal of hazardous or toxic materials, or bribery of public officials, the City reserves the unilateral right to terminate this Agreement or to impose such other sanctions (which may include financial sanctions, temporary suspensions or any other condition deemed appropriate short of termination) as it shall deem proper. Such action shall be taken after Contractor has been given notice and opportunity to present. evidence in mitigation. The term -28- • • "found guilty" shall be deemed to include any judicial determination of guilt including, but not limited to, pleas of "guilty", "nolo contendere", "no contest" or "guilty to a lesser charge" entered as part of a plea bargain. 10. 1. 3 If Contractor fails to provide or maintain in full force and effect the workers' compensation or any other insurance coverage or performance bond required by this Agreement. 10. 1.4 If Contractor willfully violates any orders or rulings of any regulatory body having jurisdiction over Contractor relative to this Agreement, provided that Contractor may reasonably contest any such orders or rulings by appropriate -proceedings ,conducted in good faith, in which case no breach of this Agreement shall be deemed to have occurred. 10. 1.5 If Contractor fails to make any payments or to pay any penalties required to be made or paid by Contractor pursuant to this Agreement. 10. 1. 6 If Contractor ceases to provide solid waste management services as required under this Agreement over all or a substantial portion of its franchise area for a period of thirty (30) days, for any reason within the control of Contractor. 10. 1. 7 If Contractor violates the terms, conditions or requirements of the Palm Springs Municipal Code or of the California Integrated Waste Management Act of 1989 or successor legislation, as they may be amended from time to time, or violates any order, directive, rule or regulation issued pursuant to the foregoing legislation, where the violation is not remedied within the time set in the written notice of the violation. 10. 1.8 If Contractor refuses to provide City with required information, reports or test results in a timely manner as required by this Agreement. 10. 1. 9 If Contractor becomes insolvent, unable or unwilling to pay its debts, or upon the appointment of a receiver to take possession of all or substantially all of the assets of Contractor, or upon a general assignment by Contractor for the benefit of creditors, or upon any action taken by or suffered by Contractor under any insolvency or bankruptcy act. 10.2 Notices of Default. City shall give Contractor written notice of City's intention to terminate this Agreement for violation of any of the provisions of Section 10. 1 above. City's notice -29- 0 • shall specify with reasonable particularity the nature of the default. City shall provide written notice of default but is not obligated to provide an opportunity to cure a violation of Section 10. 1. 1. City shall provide five (5) days notice of default and an opportunity for Contractor to present evidence in mitigation of a violation of Section 10. 1. 2 . City shall provide five (5) days notice of default and opportunity to cure for violations of Sections 10. 1. 3 through 10. 1. 5 inclusive and shall give thirty (30) days notice of default and opportunity to cure for violations of Sections 10. 1. 6 through 10. 1. 9 inclusive. 10. 3 Right to Cure. If, within the applicable notice and opportunity to cure period established by Section 10. 2 above, Contractor cures the default or initiates reasonable efforts and diligently proceeds to cure a default that cannot by its nature be completely cured within the applicable cure period, City may not terminate the Agreement. 10.4 City's Right to Perform service. 10.4 . 1 In addition to any and all other legal or equitable remedies, in the event that Contractor, for any reason whatsoever, fails, refuses or is unable to collect, transport or deliver to the appropriate Disposal Site any or all Municipal Solid Waste which it is required by this Agreement to collect and transport, at the time and in the manner provided in this Agreement, for a period of more than five (5) days, and if, as a result thereof, Municipal Solid Waste should accumulate in the City to such an extent, in such a manner, or for such at time that the City Manager should find that such accumulation endangers or menaces the public health, safety or welfare, then the City Manager shall have the right, but not the obligation, without payment to Contractor, but without offset of any fees or income due Contractor pursuant to this Agreement, (1) to cause to be performed, such services itself with its own or other personnel without liability to Contractor; and/or (2) to take possession of any or all of Contractor's equipment and other property used or useful in the collection and transportation of Municipal Solid Waste and to use such property at the expense of Contractor to collect and transport any Municipal Solid Waste which Contractor would otherwise be obligated to collect and transport pursuant to this Agreement. Contractor further agrees that in such event: (1) It will fully cooperate with City to effect the transfer of possession or property to the City for City's use; -30- 0 (2) It will, if City Manager so requests, and to the extent feasible, keep in good repair and condition all of such property, provide all motor vehicles with fuel, oil and other service, and provide such other service as may be necessary to maintain said property in operational condition; and (3) The City agrees to assume complete responsibility for the proper and normal use of such equipment and facilities while in its possession. The City's exercise of its rights under this Article 10: (1) does not constitute a taking of private property for which compensation must be paid, but is rather an exercise of the City's police power; (2) will not create any liability on the part of City to Contractor; (3) does not exempt Contractor from the indemnity provisions of Article 12 , which are meant to extend to circumstances arising under this Section, provided that Contractor is not required to indemnify City against claims and damages arising from the sole negligence of City, its officers, employees, agents, or volunteers acting under this Section; and (4) does not terminate this Agreement, unless termination occurs under other provisions of this Agreement. 10.5 Duration of City's Possession. 10.5. 1 City has no obligation to maintain possession of Contractor's property and/or continue its use in collecting and transporting Municipal Solid Waste for any period of time and may, at any time, in its sole discretion, relinquish possession to the Contractor. Should the City desire to retain possession of Contractor's property, the City's right to retain temporary possession, and to provide Municipal Solid Waste collection services, shall continue until Contractor can demonstrate to the City Manager's reasonable satisfaction that it is ready, willing and able to resume such services. 10. 6 Forfeiture of Performance Bond. In the event Contractor shall for any reason become unable to, or fail in any way to, perform as required by this Agreement, City may declare that portion of the performance bond established pursuant to Section 12 . 3 which is necessary to recompense and make whole the City, forfeited to the City. Upon partial forfeiture of the -31- performance bond, Contractor shall promptly take all steps necessary to restore the performance bond to its face amount. 10.7 City's Right to Lease Contractor's Equipment Following Termination. If City terminates this Agreement for cause, the City shall have the right to lease Contractor's equipment from Contractor at its fair market value for a period not to exceed six (6) months. 10.8 Cooperation Following Termination. At the end of the Term or in the event this Agreement is terminated for cause prior to the end of the Term, Contractor shall cooperate fully with City and any subsequent contractor to assure a smooth transition of solid waste management services. Contractor's cooperation shall include, but not be limited to, providing operating records needed to service all properties covered by this Agreement. ARTICLE 11. TRANSFERS OF INTEREST 11. 1 Change of ownership. The City, in entering into this Agreement, has placed a special value, faith and confidence in 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 Agreement, the parties therefore agree that no change of ownership or control or transfer of stock in the Contractor's business to persons, firms or entities who are not existing shareholders or members of the immediate families of existing shareholders in a cumulative amount equal to or greater than twenty-five percent (25%) of such ownership or control or transfer of stock shall take place without the prior written consent of the City. The City's consent shall be based upon the prospective owner's financial capability, background, reputation, experience and expertise in the field of waste disposal and shall not be unreasonably withheld. Furthermore, Contractor shall not add to the members of its core group of management employees and consultants, who are identified as Robert Kuznik, Barbara Robertson and Rick Wade, without the prior written consent of the City, which shall not be unreasonably withheld. To assist the City in determining whether to grant its consent, as required by this Section, Contractor shall provide City with reasonable information concerning the knowledge, experience and background of any proposed addition to Contractor's core group of management employees and consultants. -32- 0 • In the event of any unapproved transfer, including any bankruptcy proceeding, this Agreement shall be terminated. No approved transfer shall release Contractor or any surety of Contractor of any liability without the express consent of the City. 11. 2 Successors and Assigns. This Agreement shall not be assigned in whole or in part by Contractor without the prior written consent of the City. The City ' s consent shall be based upon the factors set forth in Section 11. 1 above, and shall not be unreasonably withheld. This Agreement and each of its provisions shall be binding on any permitted successor to this Agreement . 11.3 Change of Ownership; Franchise Transfer Fees. Any application for a change of ownership or a franchise transfer shall be made in a manner prescribed by the City Manager . The application shall include a transfer fee in an amount to be set by a Resolution of the City Council, to cover the reasonable costs of all direct and indirect administrative expenses of the City, including without limitation consultants and attorneys, necessary to analyze the application and to reimburse City for all its direct and indirect expenses. Invoices for City expenses shall be supported with evidence of the expense or cost incurred. The applicant shall pay such invoices prior to any authorized change of ownership or franchise transfer becoming effective. 11.4 Subcontracting. 11.4.1 Consent of City Required. This Agreement, or any portion thereof, shall not be subcontracted except with the prior written consent of the City. No such consent shall be construed as making the City a party to such subcontract, or subject the City to liability of any kind to any subcontractor . Contractor shall submit all subcontracts for review and approval by the City and any permitted subcontract shall terminate on or before the termination of this Agreement. 11.4.2 Administrative Fee. Contractor shall be entitled to collect an Administrative Fee of 15% for billing and license inspection related to services provided by any subcontractor approved by the City. 11.5 Heirs and Successors. The terms, covenants and conditions of this Agreement shall apply to and shall bind the heirs, successors, -33- executors, administrators and assigns of the Contractor and City. ARTICLE 12. INSURANCE, INDEMNITY AND PERFORMANCE BOND. 12.1 Insurance. Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance: 12.1.1 Comprehensive General Liability Insurance. A policy of comprehensive general liability insurance written on a per occurrence basis . The policy of insurance shall be in an amount not less than either ( i ) a combined single limit of $2, 000, 000 . 00 , or ( ii ) bodily injury limits of $1,000,000 . 00 per person, $2,000, 000 . 00 per occurrence and $1,000,000 . 00 products and completed operations and property damage limits of $2,000,000 . 00 per occurrence and $2, 000, 000 . 00 in the aggregate. 12.1.2 Workers ' Compensation Insurance. A policy of worker ' s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both the Contractor and the City against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Contractor in the course of carrying out the work or services contemplated in this Agreement . 12.1. 3 Automotive Insurance. A policy of comprehensive automobile liability insurance written on a per occurrence basis in an amount not less than either ( i ) bodily injury liability limits of $1, 000, 000 . 00 per person and $2 , 000 , 000 . 00 per occurrence and property damage liability limits of $1,000, 000 . 00 per occurrence and $2, 000,000 . 00 in the aggregate or ( ii) combined single limit liability of $2, 000,000. 00 . Said policy shall include coverage for owned, non-owned, leased and hired cars . 12.1.4 Umbrella Insurance. Umbrella coverage to bring total aggregate insurance coverage for all underlying insurance coverages to $5,000, 000 . 00. -34- 12.1.5 General Insurance Provisions. All of the above policies of insurance shall be primary insurance and shall name the City, its officers, employees and agents as additional insureds. The insurer shall waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers . All of said policies of insurance shall provide that said insurance may not be amended or cancelled without providing thirty (30) days prior written notice by registered mail to the City. In the event any of said policies of insurance are cancelled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 12 .1 to the City Manager . No work or services under . this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. Contractor agrees that the provisions of this Article 12 shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor ' s activities or the activities of any person or persons for which the Contractor is otherwise responsible. The insurance policies required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register , and only if they are of a financial category Class IV or better, unless such requirements are waived by the Risk Manager of the City. 12.2 Indemnification. Contractor agrees to indemnify the City, its officers, agents and employees against, and will hold the City harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, ( "claims or liabilities" ) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work or services of Contractor, its agents, employees, subcontractors, or invitees, provided for in this Agreement, or arising from the negligent acts or omissions of Contractor hereunder, or arising from Contractor ' s negligent performance of or failure to perform nay term, provision, covenant or condition of this Agreement, whether or not there is concurrent passive or active negligence on the part of the City, its officers, agents or employees but excluding such claims or liabilities arising from the sole negligence or -35- willful misconduct of the City, its officers, agents or employees, who are directly responsible to the City, and in connection therewith: (1) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys ' fees incurred in connection therewith; ( 2) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work or services of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents and employees harmless therefrom; ( 3) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work or services of Contractor hereunder , Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys ' fees . 12.3 Performance Bond. Concurrently with execution of this Agreement, Contractor shall deliver to City a performance bond in the sum of the amount of SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750 , 000 . 00) , in the form provided by the City Clerk, which secures the faithful performance of this Agreement, including without limitation, payment of any penalty and the funding of any work to cure a breach of this Agreement, unless such requirement is waived by the City Manager . The bond shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement. -36- ARTICLE 13. GENERAL PROVISIONS 13.1 Force Maieure. The time period(s) specified for performance of the provisions of this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the City Manager in writing of the causes of .the delay; no extension of time for performance shall be granted, however, by reason of the unavailability of Disposal Sites or by reason of strikes, lock-outs, or other labor disturbances, or breakage or accidents to vehicles, equipment, machinery or plants . The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor ' s sole remedy being extension of the Agreement pursuant to this Section. 13.2 Notices. All notices, demands, requests, approvals, disapprovals, proposals, consents, or other communications whatsoever which this Agreement contemplates or authorizes, or requires or permits either party to give to the other, shall be in writing and shall be personally delivered, sent by telecopier (fax) or sent by registered or certified mail, postage prepaid, return receipt requested, addressed to the respective party as follows: To City: City Manager City of Palm Springs City Hall. 3200 East: Tahquitz Way Palm Springs, CA 92263 Telecopier : ( 619) 323-7701 To Contractor : President. Palm Springs Disposal Services 4690 East. Mesquite Avenue Palm Springs, CA 92263 Telecopier : ( 619) 323-5132 or to such other address as either party may from time to time designate by notice to the other given in accordance -37- • • with this Section. Notice shall be deemed effective on the date personally served or telecopied or, if mailed, three ( 3) days from the date such notice is deposited in the United States mail. 13.3 Non-discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall. be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement . Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 13.4 Compliance with Immigration Laws. Contractor agrees that, in the performance of this Agreement, it will comply with all immigration laws . 13.5 No Liability of City Officials. No officer, employee or agent of the City shall be personally liable to the Contractor , or any successor in interest, in the event of any default or breach by the City or for any amount that may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 13.6 Laws and Regulations. Subject to the provisions of Section 8 . 2 . 5 : (1) Contractor shall observe all the terms of any City ordinance or resolution now in effect, or as the same may be subsequently adopted or amended by the City, governing or affecting the collection, removal and disposal of Municipal Solid Waste in the City of Palm Springs. ( 2) Contractor further agrees to comply with all applicable county, state or federal laws or regulations . as they exist now or may ,subsequently be adopted or amended, governing the collection, removal and disposal of Municipal Solid Waste. ( 3) Contractor further agrees to comply with all applicable state and federal laws governing employment, wages, working conditions, use of materials, equipment, supplies and the like. -38- 0 • 13.7 Proprietary Information, Public Records. The City acknowledges that a number of the records and reports of the Contractor are proprietary and confidential . Contractor is obligated to permit City inspection of certain of its records, as provided herein, on demand and to provide copies to City where requested. City will endeavor to main- tain the confidentiality of all proprietary information provided by Contractor and shall not voluntarily disclose such proprietary information. Notwithstanding the foregoing, any documents provided by Contractor to City that are public records may be disclosed pursuant to a proper public records request . 13.8 Waiver of Existing Claims. In entering into this Agreement, the City and the Contractor waive their respective rights to any claim, known or unknown, for damages or rights arising out of any previous Agreement, either written or oral; this waiver includes , without limitation, any claim by Contractor for reimbursement of expenses arising from the storm closure of the Edom Hill Landfill in 1989 . 13.9 Waiver of Future Claims. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver . A party ' s consent to or approval of any act by the other party requiring the party' s consent or approval shall not be deemed to waive or render unnecessary the other party' s consent to or approval of any subsequent act . Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 13.10 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any officer, employee or agent of the City any money or other consideration for obtaining this Agreement. -39- 9 13.11 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or .against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 13.12 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties,, and none shall be used to interpret this Agreement . This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 13.13 Severabil .ty. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 13.14 Attorneys ' Fees. If either party to this Agreement is required to initiate or defend or 'is made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys ' fees. 13.15 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner , mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a -40- 0 partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor . 13.16 Ownership of Waste and Recvclables. All Refuse and Recyclables shall become the property of the Contractor when placed in Customer Provided Containers or Contractor Provided Containers for collection. 13.17 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights .or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 13.18 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement . IN WITNESS WHEREOF, the parties hereto do hereby set their hands and seals as of the day and the year first written above. CITY OF PALM SPRINGS, a municipal corp tion By: ✓% �= Cit Trager APPROVED AS TO FORM: City AttorneyU At City rk \ -41- i • "CITY" PALM SPR S POS SIRVICES, a Cali rn' a corpora i n By= — aTuylrj ng a P si e 4690 as Mesqu ' e Avenue Palm Springs, CA 92263 "CONTRACTOR" Attest: /YG� Michael y o� 7/318/014084-0017/001 Secretary SAY FiO. E��4 _�tq(o3 3 ul7,1�1_�� _ _ A01 10 3r�� -42- EXHIBIT A RATE SCHEDULE ( 3 Year Option) SERVICE UNITS COLLECTION COUNTY RECYCLING CITY FRANCHISE CITY RECYCLING ADMINISTRATIVE ADDITIONAL LEASE MAINTENENCE NOTES SERVICE DISPOSAL FEE SERVICE (NET) FEE SURCHARGE FEE CHARGES CHARGE FEE TOTALS: ------------------------------------i -------i ----.---.--.-------•---------------..----.------------------------------..---.---.-------.-------------.------------------------------i ----.-----.---- CAN SERVICES: ------------------------------------I I I I SINGLE FAMILY UNITS: I I I I Single Family Units I 1 I $10.21 $4.82 $1.50 $1.08 $0.15 I $17.76 Each Additional Unit I I $5.09 $2.33 $1.50 $0.54 $0.15 I $9.61 MUTIPLE UNITS: First Units I I $10.21 $4.82 $1.50 $1.08 $0.15 I $17.76 Each Additional Unit I I $4.94 $2.33 $1.50 $0.54 $0.15 I $9.46 COMMERCIAL SERVICES: I I First Unit I I $10.75 $4.82 S3.00 $1.40 $0.15 I $20.12 Each Additional Unit I I $5.36 $2.33 $1.50 50.70 f0.15 I $10.04 HOTEL SERVICES: I First Unit I I $10.75 $4.82 $3.00 $1.40 $0.15 I f20.12 Each Additional Unit I I $5.36 $2.33 $1.50 $0.70 $0.15 I $10.04 ------------------------------------ BIN SERVICES: I I ----------------------------------I I I I 1.5 CUBIC YRD BIN: First Weekly Pickup I I S37.04 $10.03 $4.20 94.82 $0.15 I $56.24 Ea. Additional Weekly Pickup I I $25.12 $10.08 $4.20 $3.27 $0.15 I $42.82 1.5 CUBIC YRD BIN-XTR PICKUP: First Bin I I $31.21 $2.52 $1.05 $4.06 $0.04 I S38.88 Ea. Additional Bin I I S5.92 $2.52 $1.05 f0.77 $0.04 I $10.30 2 CUBIC YRD:. First ueekly Pick.un I 1 $40.00 $15.26 $5.60 $5.20 _. .- Additional Weekly Pickup I I $27.22 $15.26 $5.60 $3.54 $0.15 I $51.77 2 CUBIC YRD BIN-XTR PICKUP; First Bin I I $31.95 $3.82 $1.40 $4.15 $0.04 I $41.36 Ea Additional Bin I I $6.46 $3.82 $1.40 $0.94 f0.04 I $12.56 I 3 CUBIC YRD BIN: First Weekly Pickup I I $51.82 $22.74 $8.39 S6.74 $0.15 I S89.84 Additional Weekly Pickup I I $35.79 $22.74 $8.39 $4.65 $0.15 I $71.72 3 CUBIC YRD BIN-XTR PICKUP: I I I I First Bin I I $34.91 $5.69 $2.10 $4.54 $0.04 I $47.28 EXHIBIT A RATE SCHEDULE ( 3 Year Option) SERVICE UNITS COLLECTION COUNTY RECYCLING CITY FRANCHISE CITY RECYCLING ADMINISTRATIVE ADDITIONAL LEASE MAINTENENCE NOTES SERVICE DISPOSAL FEE SERVICE (NET) FEE SURCHARGE FEE CHARGES CHARGE FEE TOTALS: ....................................I ------- --............._...---.-.-.-...._....-.-_..-..__..........-.--.--._........-.-_.---..-...........---......._.------------------------- -----------.... Ea Additional Bin i i $8.95 55.69 $2.10 $1.16 SO.04 S17.94 4 CUBIC YRD BIN First Weekly Pickup S61.14 $30.17 $11.19 $7.95 $0.15 $110.60 Additional Weekly Pickup $40.60 $30.17 S11.19 S5.28 $0.15 $87.39 4 CUBIC YRD BIN-XTR PICKUP: ' First Bin $37.24 $7.54 $2.80 $4.84 SO.04 552.46 Ea Additions( Bn � $10.15 S7.54 $2.90 $1.32 $0.04 $21.85 ----- - - .-----..'--_-- ADDITIONAL CHARGES REL- ATED TO BIN SERVICES: Return Trips-Inaccesseble Bins I S2.85 $21.95 $24.80 Redelivery Charges-Removed Bina non-payment t7.11 $54.68 $61.79 Bin Relocation Chrgs(Reluested) First Bin $2.78 $21.37 924.15 Relocate Ea. Addition.[ gin $0.95 $7.30 58.25 Roll-Out Charges First Bin 2 $4.63 t35.58 S40.21 Curb Charges 3 S4.63 $35.55 S40.21 Locking Bin Charge $5.28 $40.62 $45.90 Contractor Provided Lock S1.77 313.64 515.41 Clean S Wash Bin (First Bin)j 4 1 $5.28 S40.62 $45.90 Clean S Waeh(Ee. eddtnl Bin)l 1 $2.26 S17.42 S19.68 ...........................' DPOP nr,BOv SERVICE: I I 13 CUBIC YARD BOX: $69.63 $76.14 S17.95 $9.05 S1.50 $174.27 20 CUBIC YARD BOX: S69.63 $76.14 $17.95 S9.05 $1.50 $174.27 20 CUBIC YARD BOX-COVERED: ' S84.13 $76.14 $17.95 $10.94 S1.50 S190.66 30 CUBIC YARD BOX: $98.12 S113.87 S27.00 $12.76 $1.50 $253.25 40 CUBIC YARD BOX: $116.06 $152.19 $36.00 $15.09 $1.50 $320.84 ADDITIONAL CHARGES REL- f ATEO TO BOX-OFF SERVICES: EXHIBIT A RATE SCHEDULE ( 3 Year Option) SERVICE UNITS COLLECTION COUNTY RECYCLING CITY FRANCHISE CITY RECYCLING ADMINISTRATIVE ADDITIONAL LEASE MAINTENENCE NOTES SERVICE DISPOSAL FEE SERVICE (NET) FEE SURCHARGE FEE CHARGES CHARGE FEE TOTALS: ....................................I -------i ---------------------------------------------.-...-..---...-----------------------------------------._....-------.--------------------I ---------------I ------------------------------------I I I I Hard To Handle Material(per cu.yd.) I 5 I I I Return Trip or Relocate Box I I $2.78 $21.36 I $24.14 Redelivery Charge for Non-Pmt. I I $7.11 554.68 I 561.79 Clean and Nash Box: I I I I First box I I $5.28 $40.62 I $45.90 Each Additional Box I I 52.26 517.42 I 519.68 ..................................I I I I COMPACTOR SERVICES: I I I I 3 CUBIC YARD COMPACTOR I I $41.82 511.43 55.85 50.76 10.45 I 560.31 I 20 CUBIC YARD COMPACTOR I I 5214.77 $152.23 553.85 $7.00 $4.50 I $432.35 30 CUBIC YARD COMPACTOR I I $294.32 $227.72 $51.00 $10.53 $4.50 I 5618.07 40 CUBIC YARD COMPACTOR I I $354.07 5304.41 5108.00 $14.04 54.50 I $785.02 ....................................I COMPACTOR SERVICES PER I I I 60-MONTH LEASE: I I I I ....................................I I I I 3 CUBIC YARD COMPACTOR I I $40.19 $250.00 $59.14 I $349.33 20 CUBIC YARD COMPACTOR I I 544.54 $283.45 $59.14 I $387.13 30 CUBIC YARD COMPACTOR I I $68.44 $467.30 559.14 I $594.88 40 CUBIC YARD COMPACTOR I I 580.12 5557.17 $59.14 I $696.43 ------------------------------------I I I I TEMPORARY BIN SERICES: I I I I ....................................l 3 Cubic Yard Bin: I I I I 4-Day Rental I I $43.55 $5.69 $1.40 $5.66 $0.15 I $56.45 Extra Pickup I I 516.19 55.69 51.40 $2.10 $0.15 I 525.53 3 Cu Yrd Spot Rsdntl Cleanup Bin: I I I I 4-Day Rental I I $28.20 $5.69 $1.40 $3.67 $0.15 I 539.11 Extra Pickup I I $16.19 $5.69 51.40 $2.10 $0.15 I $25.53 3 Cubic Yard Cnstr. Bin: I I I I Monthly Rental (Weekly Srvc) I I $50.08 $22.74 56.39 $6.51 $0.15 I 587.87 Extra Pickup I I $16.19 $5.69 $1.40 $2.10 $0.15 I $25.53 EXHIBIT A RATE SCHEDULE ( 3 Year Option) SERVICE UNITS COLLECTION COUNTY RECYCLING CITY FRANCHISE CITY RECYCLING ADMINISTRATIVE ADDITIONAL LEASE MAINTENENCE NOTES SERVICE DISPOSAL FEE SERVICE (NET) FEE SURCHARGE FEE CHARGES CHARGE FEE TOTALS: ______________________________i _______________ SPECIAL HAUL SERVICES: 6 ------------------------------------ Infectious Waste: Per Pickup 7 $84.25 $12.60 $12.64 $109.49 PerContainer 7 f27.50_______________________________________-----_______________._-.______u_13_____-__-_-___-____________-________________I ------ NOTES: 1 $3.00 Per Month Recycling Fee. Perticipeti ng Residents are eligible for up to $1.50 per month rebate. 2 Charge for Bim which aunt be moved more then 25 feet to be serviced. Monthly charge per bin for each weekly service. 3 For Bins that aunt moved up or dam a curb to be serviced. Mon- thly charge per Bin for ea. weekly service. 4 Cleaning and Washing Bins is provided more frequent than once a year. 5 County Disposal fee (per Cubic Tard), $11.65. 6 Mini Hourly Rate 2 $30.57. Hourly Franchise fee 3,97 7 Charge per Pickup or per Con- tainer whichever is greeter. t ,. .