HomeMy WebLinkAboutCC Resolution 13422 (MSS Restatement of Collection Amendment)RESOLUTION NO. 13422
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL APPROVING THE SECOND AMENDMENT TO THE
AMENDMENT AND RESTATEMENT OF COLLECTION AGREEMENT
OF THE CITY OF SAN RAFAEL WITH MARIN SANITARY SERVICE
WHEREAS, the City of San Rafael and Marin Sanitary Service have entered into a written
Amendment and Restatement of Collection Agreement ("Franchise Agreement") dated
September 4, 2001; and
WHEREAS, the City of San Rafael and Marin Sanitary Service amended this agreement
on March 1, 2005 with the Amendment to Refuse and Recycling Collection Agreement; and
WHEREAS, the City of San Rafael and Marin Sanitary Service now desire a second
amendment to the Franchise Agreement to incorporate provisions toward achievement of the
County of Marin's Zero Waste policy and the City of San Rafael Climate Change Action Plan, to
update the rate methodology, and to make certain other changes; and
WHEREAS, the City of San Rafael has determined that such adjustments are proper, in
the best interest of all citizens, and will promote public health, safety and welfare; and
WHEREAS, the City Council has reviewed and duly considered the Staff Report, and
documents and other written evidence presented at the meeting.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES RESOLVE,
AND DETERMINE AS FOLLOWS:
1) The amendments to the Franchise Agreement, attached hereto are hereby approved
and shall be included as part of the Amended and Restated Agreement dated September
4, 2001. The City Manager is hereby authorized to execute the amendments.
2) As the governing bodies of the other members of the Franchisors' Group have not yet
taken action, the City Manager, at her discretion, is hereby authorized to make
modifications to the Second Amendment or its attachments for consistency purposes with
the Franchisors' Group.
I, Esther C. Beirne, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution
was duly and regularly introduced and adopted at a regular meeting of the City Council of the
City of San Rafael, held on Monday, October 1, 2012, by the following vote, to wit:
AYES: Councilmembers: Connolly, Heller, Levine, McCullough & Mayor Phillips
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ESTHER C. BEIRNE, City Clerk
SECOND AMENDMENT TO THE
AMENDMENT AND RESTATEMENT OF COLLECTION AGREEMENT
OF THE CITY OF SAN RAFAEL WITH MARIN SANITARY SERVICE
THIS SECOND AMENDMENT to the Amendment and Restatement of Collection Agreement of the City of
San Rafael (City) with Marin Sanitary Service (Company) is made and entered into this 14 day of
November, 2012.
WHEREAS, the City and Company entered into a written agreement on September 4, 2001 pursuant to
which the Company renders Solid Waste, Recyclable Material and Green Waste collection, processing
and disposal services to businesses and residents in the City; and
WHEREAS, the City and Company amended this agreement on March 1, 2005 with the Amendment to
Refuse and Recycling Collection Agreement between Marin Sanitary Service and the City of San Rafael;
and
WHEREAS, the City and Company now desire a second amendment to that agreement to incorporate
certain provisions related to the Marin Hazardous and Solid Waste Management Joint Powers Authority
(Authority) Zero Waste Goal; and
WHEREAS, the City and Company now desire to amend certain procedures related to the determination
of Contractor's Compensation and Rate Adjustment;
NOW THEREFORE, it is mutually agreed as follows:
1. Section 2. Grant of Franchise, Term. Paragraph (B) shall be amended to read: the Agency and
Company shall meet no less frequently than annually to discuss progress toward achievement of
the Authority Zero Waste Goal, other local needs, regulatory changes, and industry
developments as well as proposed changes to the services provided hereunder and the impact
on rates of such changes.
2. Section 3. Services, Rate Setting and Rates, Equipment shall be amended to add:
(E) Reporting:
(1) General. Company shall provide the City reports of operations necessary for the City
to comply with State reporting regulations and management of Agreement. All costs associated
with preparation of the required reports are the sole responsibility of the Company. The
Company shall submit formats of all reports to City and City shall in advance approve the
format, specific content and software used for each type of report; such approval not being
unreasonably withheld.
(2) Quarterly Reporting. Company shall submit to the City a report of all customer
service complaints (the Complaint Log) and any action taken by Company in response to these
complaints. Customer calls for new starts, final service, or the exchange of carts for a different
size shall not constitute a complaint. Calls for missed pickups or any other call including
accidents, injuries, and property damage shall be listed in the Complaint Log.
Page 1
SECOND AMENDMENT TO THE
AMENDMENT AND RESTATEMENT OF COLLECTION AGREEMENT
OF THE CITY OF SAN RAFAEL WITH MARIN SANITARY SERVICE
(3) Annual Reporting. Company shall provide a comprehensive report to City annually
that will provide a description and progress of: all Zero Waste programs and the status of new
technologies as well as industry practices that could enhance progress towards zero waste;
public education, outreach and technical support activities undertaken during the year,
including distribution of bill inserts, numbers of customers directly personally contacted
regarding diversion services, number of waste audits and results, collection notification tags,
community information including website and newsletters and events, tours and other
activities; Recycling and Organics program participation "set outs" by residential, multi -family
and commercial accounts; year to year changes in customer account data segregated by type of
service, container size and frequency of collection; annual gross receipts and payments made to
City segregated by type of payment. Company shall provide City a report on quantities and
types of Refuse, Recyclable Material and Green Waste/Food Waste collected. Company shall
provide City a report on curbside recycling tonnage diverted and shall report to City the per
capita landfill tonnages generated. Company shall report to City the average monthly market
value per ton of recyclable materials collected as reported in the Waste & Recycling News, Los
Angeles Region (Southwest USA). In addition, Company shall provide updates to the City on the
progress of programs or services implemented during the past two years
(4) Certificate of End Use. If requested by the City, Company will obtain a certification of
end use documentation from the purchaser/recipients of Recovered Materials establishing that
the materials sold have been, in fact, recycled, reused or acquired for a use that will allow the
Recovered Materials to qualify, under State regulations, as having been diverted from disposal.
The documentation shall be sufficient in form and content to satisfy the California Department
of Resources, Recycling and Recovery (CalRecycle) that the materials have been diverted.
3. Exhibit A - Description of Services shall be provided in Exhibit A.1 Description of Services,
attached hereto.
4. Exhibit B - Rate Setting Methodology shall be provided in Exhibit B.1 Rate Setting Methodology,
attached hereto.
5. Except as specifically amended herein, the Amendment and Restatement of Collection
Agreement of the City of San Rafael with Marin Sanitary Service, as amended on March 1, 2005,
shall remain in full force and effect.
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SECOND AMENDMENT TO THE
AMENDMENT AND RESTATEMENT OF COLLECTION AGREEMENT
OF THE CITY OF SAN RAFAEL WITH MARIN SANITARY SERVICE
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment the day and year first
above written.
Date (month, day and year)
Marin Sanitary Service
President
By:
Secretary
/t iav'14-1 ul --
Date (month, day and year)
City of San Rafael
City Manager
By: e -&v---4 .
Ply City Clerk
City Attorney
Page 3
SECOND AMENDMENT TO THE
AMENDMENT AND RESTATEMENT OF COLLECTION AGREEMENT
OF THE CITY OF SAN RAFAEL WITH MARIN SANITARY SERVICE
Marin Sanitary Service — Description of Services
MARIN SANITARY SERVICES
Description of Services
GENERAL
Attachment A.1
Company shall provide collection services using modern automated and semi- automated equipment
with the Company's name and telephone number clearly visible from the outside of the vehicle or
equipment.
Company will provide carts or bins to residential and commercial customers that are clearly labeled for
their allowable contents, with garbage, recyclables, or compostables. Containers provided by the
company are the property of the company.
Company to provide an updated website with information on residential and commercial services
offered and current customer rates. The website will contain recycling information for residential
customers including materials accepted at the curbside, disposal and recycling information for items not
accepted at the curbside, and information on the household hazardous waste collection center. The
website will contain recycling information for commercial customers including information on the State
mandatory commercial recycling law, availability of recycling services tailored to individual businesses.
The website will also include information on the services available to meet the requirements of City's
construction and demolition ordinance and the materials accepted at the Marin Resource Recovery
Center (MRRC).
Company to provide customer billing and payment options including automatic billing, credit card
billing, and online payments.
Company to provide annual reporting to City on customer education and outreach activities.
Company to provide quarterly reporting on customer service complaints.
RESIDENTIAL SERVICE (FOUR OR FEWER UNITS IN A SINGLE STRUCTURE)
Garbaee:
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SECOND AMENDMENT TO THE
AMENDMENT AND RESTATEMENT OF COLLECTION AGREEMENT
OF THE CITY OF SAN RAFAEL WITH MARIN SANITARY SERVICE
Company shall provide semi -automated tipper carts in 20, 32, 64, and 96 -gallon capacities to be placed
at the curb or Company -designated location for one time per week collection for rates and fees as listed
in Exhibit C. 20 -gallon carts are available for smaller households and intensive recyclers. Carts should
be placed at the designated collection location by 6:00 am the day of service. On-site collection for cans
not at the curb is available for an extra charge. Items placed outside the cart or overflowing carts will
incur an additional charge. Carts are the property of MSS. Company will determine the appropriate
collection location. Customers may set out additional containers or bags not to exceed 32 gallons in size
for a fee as listed in Exhibit C. Low-income rates listed in Exhibit C are available for qualifying
customers.
Recycling:
Company shall provide all residential customers with one 64 -gallon dual sort recycling cart, one side for
paper and fiber products, one side for glass, metal and plastic (#1-#7) bottles and containers EXCLUDING
polystyrene and compostable plastics, and may set out unlimited additional customer -owned containers
for each commodity. Cardboard may be broken down and tied into 24" x 24" bundles and left beside
the recycling container. Carts or containers must be placed at the curb, or upon approval of company
the designated collection location next to their garbage container for one time per week collection by
6:00 am the day of service. Customers may set out additional containers of acceptable recyclable
material at no charge. Dual Sort Carts are the property of MSS. All residential customers must be
offered recycling collection.
Recyclable material placed in company containers or at the curb for collection is the property of MSS,
and the theft thereof is a crime.
Organics:
Company shall provide all residential customers with one 64 -gallon "green" cart for organics to be
placed at the curb or Company -approved designated collection location next to their garbage container
for one time per week collection by 6:00 am the day of service. Customers may, for a fee as listed in
Exhibit C Rates, have up to two additional 64 gallon "green" carts to be set out on the regularly
scheduled day. Individual "green" carts should weigh not more than 65 pounds. Green carts are the
property of MSS. All residential customers must be offered organics collection.
Additional Services
Special pickups of large, hard to handle or bulky items may be requested for an additional fee as listed in
Exhibit C. Estimates can be provided. These bulky items will be collected in non -compaction vehicles
and taken to MRRC for sorting resulting in greater re -use and recycling. Extra material can be collected
for a fee as listed in Exhibit C in cans or bags not greater than 32 gallons when placed next to the regular
container on collection day.
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SECOND AMENDMENT TO THE
AMENDMENT AND RESTATEMENT OF COLLECTION AGREEMENT
OF THE CITY OF SAN RAFAEL WITH MARIN SANITARY SERVICE
Holiday trees will be collected curbside on the regular scheduled pickup day during the month of
January. If trees are greater than six (6) feet in length, they must be cut in half. All metal stands, plastic
tree bags, and ornaments must be removed. Flocked trees will not be accepted.
COMMERCIAL SERVICE
Garbage:
Company shall provide semi -automated or automated tipper carts in 32, 64, and 96 -gallon capacities to
be placed for collection at the curb or upon approval of company the designated collection location.
On-site collection for cans not at the curb is available for an extra charge. Company will also provide bins
from 2, 3-, 4-, 5-, 6-, 10-, or 18 -yard capacities for large volumes of material. Service levels range from
one time per week to six times per week. Customers may set out additional containers or bags not to
exceed 32 gallons in size for a fee as listed in Exhibit C. Company retains approval of all service locations
for bins. Company also services customer owned compactor units for the fees as listed in Exhibit C. For
safety and equipment purposes company retains right of approval as to the type of compactor to be
serviced and service location.
Recvcline:
Company shall provide unlimited commercial recycling collection of glass bottles/jars; aluminum and
metal cans and containers; all plastic bottles and containers marked #1- #7 (except polystyrene and
compostable plastics); newsprint; office paper; and, fiber or cardboard. These materials will be
collected in source -separated color coded carts: blue for paper and paper -fiber products and brown for
accepted commingled glass, metal and plastics. Company provides semi -automated tipper carts in 32
and 64 -gallon capacity for collection from one time per week to six times per week. Company can
provide 3 -yard rear loading bins for cardboard collection with the Company's approval of the size and
location. Company will evaluate the appropriate container sizes on an individual customer basis.
Pickups can be scheduled from one time per week to six times per week. Company is to perform a
simple visual waste audits at least one time per year for each commercial account to provide an
estimate of the amount of recyclables still in the garbage to help guide the customer in service changes
to increase recycling. For an additional fee per Exhibit C, the Company can perform a detailed waste
audit to determine composition and characterization of waste and will provide a detailed report with
photos showing the waste streams. This report will provide a detailed plan with recommendations
regarding recycling service changes as well as an outreach and education plan. Recycling services must
be offered to all commercial customers.
Recyclable material placed in company containers or at the curb for collection is the property of MSS,
and the theft thereof is a crime.
Company will provide services to comply with the State's Mandatory Commercial Recycling law.
Page 6
SECOND AMENDMENT TO THE
AMENDMENT AND RESTATEMENT OF COLLECTION AGREEMENT
OF THE CITY OF SAN RAFAEL WITH MARIN SANITARY SERVICE
Organics:
Company is working with franchising agencies to develop and implement a commercial organics
collection program. The first phase of this program will be the implementation of a pre -consumer
commercial food -to -energy program in partnership with Central Marin Sanitation Agency. This is a food
scraps only collection program. The second phase of removing organics from the commercial stream
will be to determine the feasibility of a post -consumer commercial composting program that would
parallel the residential program which includes food scraps and food soiled papers. Upon approval of
the program, the Company will perform a waste audit of all commercial customers for evaluation and
inclusion into the food waste collection program, and inform customers of all options to participate.
This section of Attachment A.1 will be amended to include organics collection with rates and fees listed
in Exhibit C.
Additional Services:
Special pickups of large, hard to handle or bulky items may be requested for an additional fee as listed in
Exhibit C. Estimates can be provided. These bulky items will be collected in non -compaction vehicles
and taken to MRRC for sorting resulting in greater re -use and recycling. Extra material can be collected
for a fee as listed in Exhibit C in cans or bags not greater than 32 gallons when placed next to the regular
container on collection day.
MULTI -FAMILY (FIVE OR MORE UNIT STRUCTURES)
Garbaee:
MSS provides semi -automated or automated tipper carts in 32, 64, and 96 -gallon capacities for
collection at the curb or designated collection location. Minimum service for all multi -family units is 32
gallons per unit, or the equivalent bin service. On-site collection for cans not at the curb is available for
an extra charge. Company will also provide bins from 2-, 3-, 4-, 5-, 6 -yard capacities for large volumes of
material. Service levels range from one time per week to six times per week. Company retains approval
of service locations for bins. Company also services customer -owned compactor units for the fees as
listed in Exhibit C. For safety and equipment purposes, Company retains right of approval as to
compactor type and service location. Apartments or multi -family complexes which have cart service for
garbage (no bin service) and fewer than 10 units, may be eligible to waive the 32 gallon per unit
minimum in exchange for 20 -gallon minimum service at the discretion of MSS based on history of
material collected at that location. Each complex would be required to have a 20 gallon cart for each
unit. Complexes must have in place and make use of all available recycling services to be considered
eligible for the waiver.
Page 7
SECOND AMENDMENT TO THE
AMENDMENT AND RESTATEMENT OF COLLECTION AGREEMENT
OF THE CITY OF SAN RAFAEL WITH MARIN SANITARY SERVICE
RecvclinR:
Company provides unlimited multi -family recycling collection of glass bottles/jars; aluminum and metal
cans and containers; all plastic bottles and containers marked # 1-7 (except polystyrene and
compostable plastics); newsprint, office paper, and fiber or cardboard. These materials will be collected
in source separated color coded carts: blue for paper and paper fiber products and brown for accepted
commingled glass, metal and plastics Cardboard or fiber not able to fit in containers may be broken
down and tied into 24" x 24" bundles and placed alongside the recycling containers for collection. The
list of acceptable material may be found in Attachment A.2. Company is to perform a simple visual
waste audit at least one time per year for each commercial account to provide an estimate of the
amount of recyclables still in the garbage to help guide the customer in service changes to increase
recycling. For an additional fee per Exhibit C, the Company can perform a detailed waste audit to
determine composition and characterization of waste and will provide a detailed report with photos
showing the waste streams. This report will provide a detailed plan with recommendations regarding
recycling service changes as well as an outreach and education plan. Company provides semi -
automated tipper carts in 32 and 64 -gallon capacity for collection from one time per week to six times
per week. Recycling services must be offered to all multi -family customers.
Recyclable material placed in company containers or at the curb for collection is the property of MSS,
and the theft thereof is a crime.
Company will provide services to comply with the State's Mandatory Commercial Recycling law.
Orsanics:
Company is working with franchising agencies to develop and implement a commercial organics
collection program. The first phase of this program will be the implementation of a pre -consumer
commercial food -to -energy program in partnership with Central Marin Sanitation Agency. This is a food
scraps only collection program. The second phase of removing organics from the commercial stream
will be to determine the feasibility of a post -consumer commercial composting program that would
parallel the residential program which includes food scraps and food soiled papers. The list of
acceptable material may be found in Attachment A.2. Upon approval of the program, the Company will
perform a waste assessment of all commercial customers for evaluation and inclusion into the organics
collection program, and inform customers of all options to participate. This section of Attachment A.1
will be amended to include organics collection with rates and fees listed in Exhibit C.
Additional Services:
Special pickups of large, hard to handle or bulky items may be requested for an additional fee as listed in
Exhibit C. Estimates can be provided. These bulky items will be collected in non -compaction vehicles
and sorted at MRRC for greater re -use and recycling. Extra material can be collected for a fee as listed in
Page 8
SECOND AMENDMENT TO THE
AMENDMENT AND RESTATEMENT OF COLLECTION AGREEMENT
OF THE CITY OF SAN RAFAEL WITH MARIN SANITARY SERVICE
Exhibit C in cans or bags not greater than 32 gallons when placed next to the regular container on
collection day.
MUNICIPAL SERVICES
Garbaee:
Company will provide collection services up to six times per week for all City -owned containers located
in public areas of the City at a service level determined by the City. City owns and maintains all City -
owned containers located in public areas and parks. Company shall provide semi -automated or
automated tipper carts in 32, 64 -gallon sizes, or bins from 2, 3-, 4-, 5-, 6-, 10-, or 18 -yard capacities for
large volumes of material upon request for service at City -owned facilities. City will provide Company
with locations of all City -owned containers.
Recycling:
Company shall provide unlimited commercial recycling collection of glass bottles/jars; aluminum and
metal cans and containers; all plastic bottles and containers marked # 1-7 (except polystyrene and
compostable plastics); newsprint, office paper, and fiber or cardboard. These materials will be collected
in source separated color coded carts: blue for paper and paper fiber products and brown for accepted
commingled glass, metal and plastics. Company provides semi -automated tipper carts in 32 and 64 -
gallon capacity for collection from one time per week to six times per week. Company can provide 1- 3 -
yard rear loading bins for cardboard collection with the Company's approval of the size and location.
Pick-ups can be scheduled from onetime per week to six times per week. Company is to perform a
simple visual waste audit at least one time per year for each commercial account to provide an estimate
of the amount of recyclables still in the garbage to help guide the City in service changes to increase
recycling. For an additional fee per Exhibit C, the Company can perform a detailed waste audit to
determine composition and characterization of waste and will provide a detailed report with photos
showing the waste streams. This report will provide a detailed plan with recommendations regarding
recycling service changes as well as an outreach and education plan. Recycling services must be offered
to all municipal customers.
Recyclable material placed in company containers or at the curb for collection is the property of MSS,
and the theft thereof is a crime.
Company will provide services to comply with the State's Mandatory Commercial Recycling law.
Oreanics:
The Company is working with franchising agencies to develop and implement a commercial organics
collection program. The first phase of this program will be the implementation of a pre -consumer
commercial food -to -energy program in partnership with Central Marin Sanitation Agency. This is a food
scraps only collection program. The second phase of removing organics from the commercial stream
Page 9
SECOND AMENDMENT TO THE
AMENDMENT AND RESTATEMENT OF COLLECTION AGREEMENT
OF THE CITY OF SAN RAFAEL WITH MARIN SANITARY SERVICE
will be to determine the feasibility of a post -consumer commercial composting program that would
parallel the residential program which includes food waste and food soiled papers. Upon approval of
the program, the Company will perform a waste assessment of the City facilities, for evaluation and
inclusion into the organics collection program, and inform the City of all options to participate. This
section of Exhibit A.1 will be amended to include organics collection with rates and fees listed in Exhibit
C.
Additional Services:
Special pickups of large, hard to handle or bulky items may be requested. These bulky items will be
collected in non -compaction vehicles and sorted at MRRC for greater re -use and recycling.
Collaboration on Special Events:
Company will collaborate with the City on two community events throughout the year as designated by
the City. Company will furnish, at no cost to the promoters, as needed up to ten (10), 3 cubic yard debris
boxes (or the equivalent) for use by the City at its corporation yard. These debris boxes are to be used
solely for solid waste generated by the events. MSS shall also furnish Recycling and Organics collection
containers and signage to promote zero waste.
Page 10