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Home My WebLink About2014-015-A2 Atascadero Waste Alternatives (Approved 2019)CITY OF ATASCADERO CONTRACT NUMBER: acs i y -CIS (Azo SECOND AMENDMENT TO SOLID WASTE COLLECTION FRANCHISE AGREEMENT This Second Amendment to Solid Waste Collection Franchise Agreement (hereinafter "Second Amendment") is effective as of the 1st day of May 2019, by and between the City of Atascadero, a political subdivision of the State of California ("City") and USA Waste of California, Inc., d/b/a Atascadero Waste Alternatives, a Delaware corporation ("Contractor"). RECITALS WHEREAS the City and Contractor are parties to that certain Solid Waste Collection Franchise Agreement (the "Existing Agreement") dated July 15, 2014, which was approved by a Resolution of the City Council; and WHEREAS the Existing Agreement was previously amended on December 18, 2017 to include the collection of food waste; and WHEREAS City and Contractor desire to amend the Existing Agreement, as set forth herein to address the contamination of recyclable materials containers as well as the overfilling of trash containers; and WHEREAS this Amendment has been developed by and is satisfactory to the parties. NOW, THEREFORE, for and in consideration of the mutual promises herein contained, the adequacy of which is hereby acknowledged, it is hereby agreed by and between the City and Contractor as follows: 1. New Section 5.2.1 is added to the Existing Agreement, as follows: 5.2.1 Overfilling Containers. Where Contractor identifies instances of overfilling of containers at a customer receiving bin service, it will document the overfilling through the use of film or digital photography. Contractor may charge an Overage Fee in the amounts set forth in Exhibit A (based on Container size) for cleaning up the container area and placing overfilled material into the collection vehicle. In addition, Contractor will present evidence of the overfilling to the customer. Where such evidence of overfilling was presented to the customer, and Contractor documents three (3) other instances of any documented instance of overfilling, in addition to charging an Overage Fee, Contractor is authorized to deliver the next larger -sized container to the customer and/or increase service frequency, adjusting the service rate accordingly. Every instance of overfilling will be charged an Overage Fee. Contractor will maintain a log listing all Customers where overfilling was observed, and actions taken in response by Contractor, which shall be maintained for inspection by the City upon request. Approximately six (6) months following delivery of a larger container or an increase in service frequency, Contractor will inspect the customer's premises and determine whether the changes have adequately addressed the customer's 1 overfilling, identify any changes in customer's procedures and behaviors, and determine whether further adjustments are appropriate. 2. Section 5.4 of the Existing Agreement is deleted in its entirety and replaced with the following: 5.4 Contaminated Recyclable Materials. 5.4.1 Upon collection of Commingled Recyclables, Greenwaste, Food Waste, or Organic Waste (Recyclable Materials), where Contractor determines there to be contamination of any of the containers, Contractor will provide customer with a Contamination Warning Notice as outlined in Section 5.4.7. 5.4.2 Where Contractor determines there to be excessive or continued contamination of any of the Recyclable Materials containers, Contractor will: A. Provide customer with Contamination Fee Notice as outlined in Section 5.4.8; and B. Contractor will charge the customer a Contamination Fee in the amount set forth in Exhibit A; and C. Contractor may refuse to collect Recyclable Materials or Contractor may elect to collect the container(s) as garbage and charge the customer both the Contamination Fee and a Container Pick up fee as set forth in Exhibit A. 5.4.3 After receiving a Contamination Warning Notice as outlined in Section 5.4.7, every subsequent instance of excessive contamination will be subject to a Contamination Fee. 5.4.4 Contractor agrees to remit to City forty percent (40%) of any Contamination Fee amounts collected, excluding Contamination Fee amounts collected for food waste, in order to compensate the City for costs incurred for excessive contamination. Payment shall be made monthly, concurrently with payment of the Franchise Fee and will include an accounting of any Contamination Fees collection for food waste. Notwithstanding any provision in this Agreement to the contrary, the Contamination Fee amount remitted to the City shall not be considered as Gross Revenues Collected. 5.4.5 Contractor will document the contamination through the use of film or digital photography. 5.4.6 Where such evidence of excessive contamination is presented to the customer, and Contractor documents three (3) other instance of excessive contamination within one (1) year of any instance, in addition to those actions outlined in Section 5.4.2, Contractor is authorized to deliver the next larger -sized garbage container, deliver additional garbage containers to the Customer, and/or increase service frequency, adjusting the service rate accordingly. Approximately six (6) months following delivery of a larger garbage container, delivery of additional garbage containers, or an increase in service frequency, Contractor will inspect the customer's containers and/or enclosures and determine whether the changes have adequately addressed the customer's excessive contamination, identify any changes in i7 customer's procedures and behaviors, and determine whether further adjustments are appropriate. 5.4.7 Contractor shall place Contamination Warning Notices on the contaminated Recyclable Materials container(s). Contamination Warning Notices, shall provide the following information to the Customer: o What materials are and are not to be placed in the Recyclable Materials containers; o That a subsequent incident of excessive contamination may result in non -collection, the imposition of a Contamination Fee, and, where warranted, requiring additional or larger -sized garbage containers or additional collection frequency at an additional cost to Customer; and o A phone number in case the customer has any questions. The same information will also be provided to the customer either electronically or through the mail either in conjunction with the billing cycle or as a separate notice. 5.4.8 Contractor shall place Contamination Fee Notices on the contaminated Recyclable Materials container(s). Contamination Fee Notices shall provide the following information to the Customer: o The reason for a Contamination Fee was because the contents could not be recycled due to: ■ The presence of excessive amounts of non -recyclable material in the container; or ■ The continued presence of non- recyclable material after receiving a Contamination Warning Notice on previous pickups. o The amount of the Contamination Fee that is being charged to the customer o What materials are and are not to be placed in the Recyclable Materials containers; o That a subsequent incident of excessive contamination may result in non -collection, the continued imposition of a Contamination Fee, and, where warranted, requiring additional or larger -sized garbage containers or additional collection frequency at an additional cost to Customer; and o A phone number in case the customer has any questions. The same information will also be provided to the customer either electronically or through the mail either in conjunction with the billing cycle or as a separate notice. 5.4.9 Contractor will maintain a log listing all Customers where contamination was observed, and actions taken in response by Contractor, which shall be made available for inspection by the City upon request. 3. Except and provided in this Second Amendment, the terms and conditions of the Existing Agreement and First Amendment remain in full force and effect. 4. Prior to the imposition of any fees, and before May 1, 2019, Contractor will send a separate notice to all customers, either electronically or through the mail, notifying all customers of the implementation of Overfilling and Contamination Fees and an explanation thereof. 3 IN WITNESS WHEREOF, City and Contractor have executed this First Amendment on the 26`h day of March, 2019. CITY OF ATASCADEROA WAST OF CALIFORNIA, INC. l ' �1l ----------------- Rachelle Rickard Dou Corcoran City Manager Vice ident APPROVED AS TO FORM -- --- ---------------- Brian A. Pierik City Attorney 4