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1992-0818_SOLAG DISPOSAL_Agreement
• Integrated Solid Waste Collection Agreement between The City of San Juan Capistrano Solag Disposal Company, Incorporated • • TABLE OF CONTENTS 1_ !_A w rrr OF RESIL`EINTU"L COMMERC'•L INDUSTRIA' AND TEMPORARY BIN/ROLLOFF EXCLUSIVE FRANCHISE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 A. Notification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 B. Enforcement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2. DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 A. AB 939 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 B. Tempore ary Bin/Rolloff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 C. City Limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 D. Contractor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3. ACCEPTANCE: WAIVER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4. FRANCHISE AREA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 A. Franchise Area Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 B. Annexation Covered bX Existing Franchise . . . . . . . . . . . . . . 4 S. TERM: EXTENSIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 • 6. SERVICES PROVIDED BY CONTRACTOR . . . . . . . . . . . . . . . . . . 5 AGeneral . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 B. Residential . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 (1) Residential Barrel Service . . . . . . . . . . . . . . . . 5 (2) Residential Bin Service . . . . . . . . . . . . . . . . . . 6 (3) Bulky Items . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 C. Commercial and Industrial Services . . . . . . . . . . . . . . . . . . . . 6 (1) Weekly Service . . . . . . . . . . . . . . . . . . . . . . . . . 6 (2) Pre Audit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 D. Temporary Bin/Rolloff Services . . . . . . . . . . . . . . . . . . . . . . 7 E. Additional Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 F. Recycling Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 G. Collection on Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 H. Missed Pick-ups . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 I. Record of Noncollection . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 J. Special Wastes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 7. SERVICE EXCEPTIONS: HAZARDOUS WASTE NOTIFICATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 • i 8. MINIMUM STANDARDS FOR EQUIPMENT AND MAINTENANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 4, rn�,rrve�nn�c ncnenivivnT . . . . . . . . . . . . . . . . . . . . . . . . . li 10. SYSTEM AND SERVICES REVIEW . . . . . . . . . . . . . . . . . . . . . . . 12 11. COMPENSATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 A. Contractor Rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 B. Modification and Adjustment of Rates . . . . . . . . . . . . . . . . 13 C. Notice of Rate Increases . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 D. Resolution of Disputes Regarding Rate Adju is ments . . . . . . 14 E. Billing and Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 F. Delinquent Accounts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 G. Refunds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 12. FRANCHISE FEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 13. FAITHFUL PERFORMANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 14. INSURANCE COVERAGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 A. Minimum Scope of Insurance . . . . . . . . . . . . . . . . . . . . . . . 16 (1) General Liability. . . . . . . . . . . . . . . . . . . . . . . 16 (2) Automotive Liabilitk . . . . . . . . . . . . . . . . . . . 16 (3) Worker's Compensation. . . . . . . . . . . . . . . . . . 16 B. Minimum Limits of Insurance . . . . . . . . . . . . . . . . . . . . . . . 16 C. Modification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 D. Deductibles and Self-Insured Retention . . . . . . . . . . . . . . . . 18 E. Other Insurance Provisions . . . . . . . . . . . . . . . . . . . . . . . . . 18 F. Acceptability of Insurers . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 G. Verification of Coverage . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 H. Subcontractors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 15. FRANCHISE TRANSFERRABLE . . . . . . . . . . . . . . . . . . . . . . . . . 19 16. FRANCHISE TRANSFER: FEES . . . . . . . . . . . . . . . . . . . . . . . . . 20 17. IMPOSITION OF DAMAGES OR TERMINATION . . . . . . . . . . . 20 18. ADMINISTRATIVE HEARING PROCEDURES . . . . . . . . . . . . . . 24 19. CITY'S ADDITIONAL REMEDIES . . . . . . . . . . . . . . . . . . . . . . . . 26 • ii 20. RIGHTS OF CITY TO PERFORM DURING EMERGENCY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 21. PRIVACY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 22. REPORTS AND ADVERSE INFORMATION . . . . . . . . . . . . . . . . 28 A. Annual Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 B. Adverse Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 C. Tonnage Receip—t . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 23. PUBLIC ACCESS TO CONTRACTOR . . . . . . . . . . . . . . . . . . . . . 30 A. Office Hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 B. Service Complaints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 C. Government Liaison Person . . . . . . . . . . . . . . . . . . . . . . . . 31 24. RESOLUTION OF DISPUTED CUSTOMER COMPLAINTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 25. OWNERSHIP OF SOLID WASTE: FLOW CONTROL. . . . . . . . . . 32 26. INDEMNIFICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 A. Indemnification of Ci tv . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 B. Indemnification of Contractor . . . . . . . . . . . . . . . . . . . . . . . 33 • C. Hazardous Substances Indemnification . . . . . . . . . . . . . . . . 33 D. AB 939 Indemnification . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 E. Workers' Compensation Insurance . . . . . . . . . . . . . . . . . . . . 34 27. CONTRACTOR'S BOOKS AND RECORDS: AUDITS . . . . . . . . . 34 28. GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 A. Force Majeure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 B. Independent Contractor . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 C. Pavement Damaee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 D. Property Damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 E. Right of Entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 F. Law to Govern: Venue . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 G. Fees and Gratuities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 H. Prior Agreements and Amendment . . . . . . . . . . . . . . . . . . . 36 I. Compliance with Franchise Agreement . . . . . . . . . . . . . . . . 37 J. Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 K. Savings Clause and Entirety . . . . . . . . . . . . . . . . . . . . . . . . 37 L. Exhibits Incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 M. Identification Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 • iii EXHIBIT A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 EXHIBIT B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 EXHIBITC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 EXHIBIT D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 EXHIBIT E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 EXHIBIT F . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 EXHIBIT G . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 • iv i AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND SOLAG DISPOSAL COMPANY INCORPORATED, FOR THE COLLECTION, TRANSPORTATION, RECYCLING, COMPOSTING, AND DISPOSAL OF ALL SOLID WASTE AND FOR PROVIDING TEMPORARY BIN(ROLLOFF SERVICES This Franchise Agreement ("Franchise Agreement") is entered into this Eighteenth day of August, 1992, by and between the City of San Juan Capistrano ("City") and Solag Disposal Company Incorporated, ("Contractor") for the collection, transportation, recycling, composting, and disposal of all solid waste and for providing temporary bin/rolloff services. RECITALS WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 ("AB 939"), has declared that it is within the public interest to authorize and require local agencies to make adequate provisions for all solid waste within their jurisdictions; and, WHEREAS, pursuant to California Public Resources Code Section 40059(a)(1), the City Council of the City of San Juan Capistrano ("City") has determined that the public health, safety, and well-being require that an exclusive franchise be awarded to a qualified enterprise for the collection, transportation, recycling, composting, and disposal of all solid waste and for providing temporary bin/rolloff services in residential, commercial, construction, and industrial areas in the City of San Juan Capistrano; and, WHEREAS, the City Council of the City of San Juan Capistrano declares its intention of maintaining reasonable rates for the collection, transportation, recycling, composting, and disposal of all solid waste and for providing temporary bin/rolloff services within City limits; and, WHEREAS, the City has an existing Solid Waste Collection Agreement with Solag Disposal Company Incorporated, hereinafter referred to as the "Original Agreement", and the Contractor has demonstrated its abilities and qualifications to perform such services; and, 1 WHEREAS, Solag Disposal Company Incorporated has submitted a proposal to the City to modify the Original Agreement and amendments thereto to include expanded and modified services in order to assist City in complying with the requirements of Assembly Bill (AB) 939 and its amendment bills; and, WHEREAS, City and Contractor desire to leave no doubts as to their respective roles, and that by entering into this Agreement, City is not thereby becoming a "generator" or an "arranger" as those terms are used in CERCLA § 107(a)(3), and that it is Contractor, not City, which is "arranging for" the collection from residents and others in the City of San Juan Capistrano, the transport for disposal, composting of green waste and recycling of recyclables and municipal solid waste which may contain hazardous substances. NOW, THEREFORE, The Parties hereto agree as follows: 1. GRANT OF RESIDENTIAL. COMMERCIAL, INDUSTRIAL AND TEMPORARY BIN/ROLLOFF EXCLUSIVE FRANCHISE This Franchise Agreement grants an exclusive franchise as provided herein and pursuant to Chapter 3 of Title 6 of the San Juan Capistrano Municipal Code (hereinafter, "Chapter 3") and California Public Resources Code Section 40059(a)(1) to Solag Disposal Company Incorporated for the collection, transportation, recycling, composting, and disposal of all solid waste and for providing temporary bin/rolloff in commercial, residential, construction, and industrial areas within the City of San Juan Capistrano. The exclusivity of this Franchise Agreement is subject to any of the terms of any pre-existing solid waste or temporary bin/rolloff service licenses, permits, or Resolutions previously granted by the County of Orange or the City of San Juan Capistrano. A. Notification. Existing Solid waste haulers providing temporary bin/rolloff services within the franchise area (other than Contractor), shall be notified by City (certified mail) that Contractor is granted exclusive rights to any and all temporary bin/rolloff rental and collection services within franchise area. B. Enforcement. Contractor shall be responsible for enforcing the exclusivity of this franchise agreement. 2 • 2. DEFINITIONS Whenever any term used in this Franchise Agreement has been defined by Chapter 3 of the San Juan Capistrano Municipal Code or Division 30, Part 1, Chapter 2 of the California Public Resources Code, the definitions in the Municipal Code or Public Resources Code shall apply unless the term is otherwise defined in this Agreement. A. AB 939. "AB 939" shall mean the California Integrated Waste Management Act of 1989, as it may be amended from time to time. B. Temporary Bin/Rolloff. 'Bin/Rolloffs" shall mean those containers provided by Contractor for residential, commercial, industrial, and construction, uses. These bins are usually of two types: (i) Bins (usually 3 cubic yards in size) which are picked up by refuse trucks by means of front loading apparatus; and (ii) Rolloff Bins (usually 40 cubic yards in size) which are picked up by trucks using rear loading winches onto rails. "Temporary" shall mean any service provided on a 24 hour, daily, weekly, or monthly basis. C. City Limits. "City Limits" means the boundaries of the City together with all amendments and changes thereto, which boundaries are shown by maps incorporated herein by reference and which are on file in the office of the City Clerk of the City San Juan Capistrano as they exist by the date of this agreement. D. Contractor. "Contractor" means Solag Disposal Company Incorporated the entity granted the Franchise pursuant to this Franchise Agreement. 3. ACCEPTANCE: WAIVER Contractor agrees to be bound by and comply with all the requirements of Chapter 3 and this Franchise Agreement. Contractor waives Contractor's right to challenge the terms of this Franchise Agreement and Chapter 3 under Federal, State or local law, or administrative regulation, as such laws and regulations exist as of the date of execution of this Agreement. Contractor waives any right or claim to serve the City or any part of the City under any prior grant of franchise, contract, license, or permit issued or granted by any governmental entity including any right under Section 49520 of the Public Resources Code. Additionally, by the execution of this agreement, Solag Disposal Company, Inc. expressly waives any . 3 • and all rights and cost reimbursements to Solag Disposal Company, Inc. for any existing recycling programs previously approved by City. 4. FRANCAISE AREA A. Franchise Area Defined. The Franchise Area granted by this Franchise Agreement shall be all residential, commercial, industrial, and construction premises bounded by the city limits as they exist by the date of this agreement and as indicated on the map in Exhibit "G". As provided below, the Franchise Area may be changed by annexation. B. Annexation Covered by Existing Franchise. Territory annexed to the City that is covered by an existing solid waste or construction debris permit, license, agreement, or franchise granted by another public entity may continue to be served by the same contractor for the balance of the term of its permit, license, agreement, or franchise, subject to the provisions of Chapter 3, provisions of the Public Resource Code Sec.49522, and the provisions of this Franchise Agreement. • 5. TERM: EXTENSIONS The term of this Agreement shall commence July 1, 1992 and be in full force and effect for a period of seven (7) years expiring July 1, 1999. Provided, however, that commencing July 1, 1995, and every year thereafter, a one year extension shall be applied to said Agreement so that the term of the Agreement shall remain five (5) years as follows: A. This Agreement shall only be extended for such additional one year period if Contractor provides City with written notice of Contractor's intent to exercise its option under this provision not less than thirty (30) nor more than sixty (60) days prior to July 1, 1995, and every year thereafter; B. City may terminate Contractor's right to exercise its option under this provision by providing Contractor with written notice thereof not less than ninety (90) days prior to July 1, 1995, or every year thereafter. 4 • 6. SERVICES PROVIDED BY CONTRACTOR A. General. Contractor shall furnish all labor, necessary material and equipment to provide the collection, transportation, recycling, composting, and disposal of all solid waste and for providing temporary bin/rolloff services in accordance with the terms of this Franchise Agreement and Chapter 3. (1) Restriction on Manner of Collection. On or before December 31, 1993, in order to comply with the provisions of the Act and to accurately account for and for report the amount of Solid Waste collected within the City and disposed pursuant to this Agreement, each load of Solid Waste collected by Contractor from within the City limits shall not be commingled with any other Solid Waste collected by Contractor from any other person or place outside the City limits. B. Residential. All solid waste, compostables and recyclables shall be collected between the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday. (1) Residential Barrel Service. Once each week, • Contractor shall collect the solid waste, compostables, and recyclables (except bulky items and household hazardous waste) which have been placed, kept, or accumulated in containers (as specified in "Exhibit D") at single family residences, whether attached or detached, and placed at curbside or other designated pick-up locations adjacent to public or private roadways or alleys prior to Contractor's normal weekly collection time. Contractor shall, whenever possible, place container on top of curb (sidewalk) upon completing collection, to facilitate more efficient street sweeping. Standard residential service shall include providing, maintaining and replacing automated service containers which meet the minimum requirements as set out in Exhibit "D". Contractor shall conduct a waste audit of all residential accounts to determine the size and number of containers needed to service each residence. Contractor shall submit said waste audit to City Manager for approval sixty (60) days prior to distribution of containers. Contractor may negotiate special pickup procedures, above and beyond the normal services described above, with customers for an additional fee over the amount provided in Exhibit "A" subject to City approval. • 5 • (2) Residential Bin Service. Not less often than once per week, and more frequently if required to handle the. w^8te strearn of the premises where the bins are located, Contractor shall collect the solid waste (including bulky items which have been placed in a closed bin), compostables, and recyclables (except household hazardous waste) which have been placed for collection in solid waste or recycling bins. (3) Bulky Items. Contractor shall provide bulky item collection services on an on-call basis. Bulky items shall include, but not be limited to, refrigerators, mattresses, rugs, water heaters and other items which can be handled by a two man crew and would not otherwise be accommodated within the automated collection container furnished by Contractor. There shall be a limit of two on call pick-ups per year at no extra cost. There shall be a limitation of two items per on-call pick-up. On-call service shall be responded to within a reasonable time but no more than seven (7) days or the next scheduled collection day excluding Saturdays. Contractor shall produce, keep current, and provide public information specifically outlining the bulky item pick-up service. C. Commercial and Industrial Services. All solid waste compostables, • and recyclables shall be collected between the hours of 6:00 a.m. and 7:00 p.m., Monday through Saturday. (1) Weekly Service. Not less often than once per week, and more frequently if required to handle the waste stream of the premises where the bins are located, Contractor shall collect the solid waste, compostables, and recyclables which have been placed for collection in solid waste or recycling bins. (2) Pre Audit. Contractor shall conduct a waste audit of all commercial accounts, and multi-family units utilizing commercial service, to determine their recyclable content, prior to services being rendered. The process used to conduct this waste audit shall be shared with the City of San Juan Capistrano, to ensure permit compliance and acceptance. Those accounts that contain a significant recyclable content and have received prior approval by the City, shall be processed through a City-designated materials recovery facility. Customers achieving this content, or higher, shall only be charged the service rates that appear in Exhibit "A" paragraph A3. Those accounts that do not satisfy the content level, shall have their waste stream disposed of at the landfill and shall only be charged the service rates that 6 • appear in Exhibit "A", paragraph A3. However, if these customers desire to commence a source separated recycling program, a 60 or 90 gallon recycling container shall be provided by Contractor and customers shall be charged the additional service rates reflected in Exhibit "A". Once a South Orange County materials recovery facility is operational and on-line to accept the entire waste stream, customers shall only be charged the service rates reflected in Exhibit "A" paragraph A3. D. Temporary Bin/Rolloff Services. Contractor shall provide temporary bin/rolloff services using rates reflected in Exhibit "A." E. Additional Services. The following additional services are hereby provided to City, free of charge, by Contractor: (1) Contractor shall clean out any overflowing bins or enclosures within twenty-four (24) hours of notification by City, free of charge. Contractor shall work with the City Manager or designee in identifying continual problems in customer bins or enclosures. Contractor shall create a specific work order in response to each call received from City departments • and shall provide City with a annual "Summary of clean out Item Work Orders Completed." Said summary shall include, but not be limited to the date, time, hours spent, and type of items collected. (2) Contractor shall pickup all Christmas trees on the first two regularly scheduled pickup days after Christmas Day. The trees shall be diverted from the landfill if possible, either by deposit at a composting facility or grinding operation. (3) Contractor shall provide containers refuse collection and recycling to all City public buildings, bus stops and public trash receptacles along all public right of ways at no charge to City. (4) Contractor will assist and cooperate with City in organizing clean-up after all City sponsored events and haul all solid waste, free of charge. Contractor will haul all City organized clean-up loads to the landfill or Material Recovery Facility, maximum of 20 (40 cu. yd. roll-off) per calendar year. City shall pay the landfill tipping fees. • 7 • F. Recvcling_Program. The Contractor shall provide recycling services in accordance with the term ;et forth in Exhibit "C'; and the rates set forth in Exhibit "A". G. Collection on Holidays. Should any regularly scheduled collection day fall on or after a legal holiday ( New Year's Day, Memorial Day, Forth of July, Labor Day, Thanksgiving Day, or Christmas Day) or on any other holiday on which County landfills are closed, collection day shall be made one day later during that pickup week and the regular pickup schedule shall be resumed the following week. A pickup week shall be defined as Monday through Saturday. H. Missed Pick-ups. In case of a missed pick-up called in by a resident, Contractor shall collect the materials from such resident no later than the next working day following the date of the call. Records of the addresses of all missed pickups shall be maintained by Contractor and reported to the City. If Contractor can demonstrate a pattern of ongoing late set-outs by a resident, those missed pickups shall not be counted as missed pickups. . I. Record of Noncollection. When any refuse material deposited for collection is not collected by Contractor, he shall leave a tag at least 2" by 6" in size, indicating the reason for his refusal to collect the refuse. This information shall either be in writing or by means of a check system. The tag shall provide the Contractor's business name and his local telephone number and shall be securely fastened to the container of the article refused. (1) If the reason for such noncollection is not corrected within seven days from the date of such tagging, Contractor shall advise the City, giving the date of notice, street address and reason for noncollection. (2) Contractor shall maintain at his place of business, a record of all such taggings. Such record shall contain the date of such notice, street address, reason for noncollection and disposition of each case. Such notice shall be kept so that it may be conveniently inspected by representatives of the City upon request. J. Special Wastes. Contractor may, but is not required to, provide such collection, transportation, and disposal services for special wastes as defined by • 8 • Exhibit "F'. Contractor may provide such services for special wastes if contracted to do so by customers tinder separate written rontrar!-- negotiated be?...een Contractor and the customer generating such special wastes. A schedule of fees for these special waste services shall be approved by the City Manager or his/her designee. 7. SERVICE EXCEPTIONS: HAZARDOUS WASTE NOTIFICATIONS When solid waste is not collected from any solid waste customer, Contractor shall notify its customer in writing why the collection was not made. Contractor has represented to City that Contractor will carry out its duties to notify all agencies with jurisdiction, including the California Department of Toxic Substances Control and Local Emergency Response Providers, and, if appropriate, the National Response Center, of reportable quantities of hazardous waste, found or observed in solid waste anywhere within the City, including on, in under or about City property, including streets, easements, rights of way and City waste containers. In addition to other required notifications, if Contractor observes any substances which it or its employees reasonably believe or suspect to contain • hazardous wastes unlawfully disposed of or released on City property, including streets, storm drains, or public rights of way, Contractor also will immediately notify the City Manager, or the City Manager's designee. 8. MINIMUM STANDARDS FOR EQUIPMENT AND MAINTENANCE A. Contractor shall provide an adequate number of vehicles for all regular and special collection services. Contractor shall provide commercial and industrial subscribers with appropriate commercial bins, and may supply residential subscribers with three (3) cubic yard bins as requested. All equipment shall be maintained as follows: (1) At the discretion of City no primary or replacement vehicle shall be in excess of 10 years old at any time after six months from the date of this agreement; and no vehicle over 7 years old shall be purchased for use within City; and, • 9 • (2) Each vehicle used by Contractor shall at all times comply with all applicable nrovisinns of the California Vehicle Code, and shall be inspected, at least once each year, using the "Critical Item Inspection" criteria as approved by the California Highway Patrol. The results of said inspections shall be made available to the City Manager upon request; and, (3) All vehicles used for the collection or transport of solid waste shall be equipped with devices capable of covering every open section of the vehicle in which solid waste may be placed, and while operating upon the public rights of way, shall be covered so as to prevent any solid waste from falling or being blown or otherwise dislodged from the vehicle; and, (4) All vehicles used for the collection or transport of solid waste shall be continuously maintained in a watertight condition per industry standards; and, (5) All vehicles shall be painted periodically, which shall include all necessary body work, so that such vehicles do not become unsightly, as determined by the City Manager; and, (6) The name, and telephone number of Contractor shall • be printed or painted in letters not less than three inches in height on both sides of each vehicle or conveyance and at the City's option the City shall require Contractor to display advertisements on collection vehicles to promote recycling and source reduction programs; and, (7) Each vehicle used for the collection or transport of solid waste shall be maintained in a clean and sanitary condition both inside and out; and, (8) All vehicles used for the collection or transport of solid waste shall carry a broom, shovel, and operable fire extinguisher. Additionally, residential refuse trucks shall be equipped with a communication device in the form of an 2-way radio upon request of the City; and, (9) All containers supplied to subscribers shall be maintained in good repair and maintained in a watertight condition. (10) All bins and containers provided shall be kept in good repair, freshly painted and identified with Contractor's name and phone number. The three cubic yard bins provided shall be steel bins with plastic lids. • 10 • (11) Contractor has agreed to name the specific organization that shall provide all of the services under this Franchise Agreement as "Solan Disaosal ComnaM n2prated." This name shall be used for all correspondence, billing statements, directory listings, references, signs, vehicle identification, etc. The words "Owned and Operated by Solag Disposal Company Incorporated" is authorized. (12) Solid waste collection vehicles shall be washed at least once every seven (7) calendar days. (13) "Solag Disposal Company Incorporated", a local or toll free telephone number, and vehicle number shall be visibly displayed on all vehicles in letters and figures as approve by City. (14) All vehicles, high visibility bins, and rolloffs shall display the Orange County Solid Waste Haulers Anti-Drug Campaign decal. The small inscription area on the top of all of the residential containers shall be labeled as follows: the black refuse container - "REFUSE ONLY," the blue recycling container - "RECYCLABLES ONLY," and the green yardwastes container - "YARD WASTE ONLY." 9. CONTRACTOR'S PERSONNEL A. The City has the right to require that each of Contractor's collection employees wear a clean uniform bearing the company's name. B. Each employee shall, at all times, carry a valid operator's license for the type of vehicle he is driving. C. No employee shall continue to be employed on any work under this contract who is determined by the City to be intemperate, discourteous, disorderly, inefficient or otherwise objectionable. 11 • D. The Contractor shall provide operating and safety training for all personnel that meet minimum OSHA gtnnciarrh. 10. SYSTEM AND SERVICES REVIEW A. To provide for technological, economic, and regulatory changes in waste stream collection and recycling, to facilitate renewal procedures, to promote competition in the refuse, composting, and recycling industry, and to achieve a continuing, advanced refuse collection, and recycling system, a system and services review procedures is established as follows: Sixty (60) days after receiving notice from the City, Contractor shall submit a report to City indicating the following: (1) All refuse collection, composting, and recycling services reported in refuse collection, composting, and recycling industry trade journals that are being commonly provided on an operational basis, excluding tests and demonstrations, to communities in the United States with • comparable populations, that are not provided to City; and, (2) Changes recommended to improve the City's ability to meet the goals of AB 939 and to keep City streets clean and free of debris. (3) Any specific plans for provision of such new services by the Contractor, or a justification indicating why Contractor believes that such services are not feasible for the Franchise Area. B. Topics for discussion and review at the system and services review hearing shall include, but shall not be limited to, services provided, feasibility of providing new services, application of new technologies, customer complaints, rights of privacy, amendments to the Franchise Agreement, developments in the law, new initiatives for meeting or exceeding AB 939's goals and regulatory constraints. C. City and the Contractor may each select additional topics for discussion at any systems and services review hearing. • 12 D. Not later than sixty (60) days after the conclusion of each system and service review hParin�; 0ty shall issu: a r+_'ror The sport sbn,l 17 :1„i' a listing of any refuse collection, composting and recycling services not then being provided to City that are considered technically and economically feasible by City. City may require Contractor to provide such services within a reasonable time, for reasonable rates and compensation. 11. COMPENSATION A. Contractor Rates. Contractor shall provide the services described in this Franchise Agreement in accordance with the rates fixed by City from time to time, all as described as set forth in the Exhibit "A," "Schedule of Rates." The new residential rate as set forth in Exhibit "A", shall go into effect when the new automated curbside collection program begins and shall be subject to adjustment in accordance with the prescribed formula, as set forth in Exhibit "B", on July 1, 1993 based on changes in the cost indexes for a six month period (October 1992 though March 1993.) Every year thereafter, the CPI index for the calendar year from March 1 to February 28 shall be used to compute the annual increase. The annual increase shall be effective July 1 of each year. B. Modification and Adjustment of Rates. Except as provided in Exhibit "B" the rates set forth on Exhibit "A" shall remain in effect until adjusted by City by a Resolution of the City Council. As for extraordinary costs, in addition to, and not in lieu of, the annual CPI increase and landfill tipping fee adjustment, as described in Exhibit "B" Contractor shall also be entitled to rate increases in an amount equal to the Contractors extraordinary increases in its costs of collection. Such extraordinary cost increases shall be subject to City Council approval. Such extraordinary increases in its cost of collection shall include, by way of example and not by way of limitation: (1) a change in the location of the landfill or other permitted disposal sites to which the contractor or is required to transport solid waste collected hereunder; (2) levied materials recovery facility processing fees; (3) changes in the local, state or federal laws that affect an aspect of this agreement. C. Notice of Rate Increases: The Contractor shall provide the City and customers, at least thirty (30) days in advance of the beginning of a billing period, written notice of the implementation of changes in any of its proposed rates and charges which are not subject to regulation by the City. The notice shall include a statement of the reasons for the rate increase. 13 D. Resolution of Disputes Regarding Rate Adjustments: Any dispute regarding the annual "CPP' and Landfill TinPinp Fee adjustment; or the computation thereof, described in Exhibit "B," or any other dispute regarding Contractor's reimbursement for fees, special services, or extraordinary costs described in Exhibit "B;' shall be decided by the City Manager, or referred by the Manager to the City Council, or to a hearing officer as provided in Section 13 above. The rates in effect at the time such dispute is submitted to the City Manager, City Council, or a hearing officer shall remain in effect pending resolution of such dispute. The effective date of any dispute resolution, whether retroactive or prospective, shall reasonably be determined by the City Manager, City Council, or the hearing officer, as appropriate. E. Billing and Payment. Contractor may bill all customers not subject to a parcel charge or beyond the scope of the parcel charge, discussed below, for all services, whether regular or special. Contractor shall provide itemized bills, distinctly showing charges for all classifications of services, including the charges for late payment. The Contractor shall not designate that portion of a customer's bill attributable to the franchise fee as a separate item on customers' bills. Billings may be made monthly in advance for commercial and all bin service customers, and may be made three (3) months in advance for residential • customers. If the City should elect to bill residents for standard refuse collection and recycling through a parcel charge, the Contractor shall be paid in monthly installments for the premises served. Retroactive adjustments shall be made on the basis of addresses of premises added and the date added. Premises ordered after the first of the month shall be charged on a prorated thirty (30) day/monthly basis. In no event, shall City be required to use its general fund to support the parcel charge system. The City reserves the right exclusively handle the refuse and recycling billings but not limited to performing billing service in-house. F. Delinquent Accounts. The Contractor shall continue service as set forth in this franchise agreement. Persons who have not remitted required payments within 30 days after the date of billings shall be notified on forms approved by City. Said forms shall contain a statement that services may be discontinued 15 days from the date of notice if payment is not made before that time. Upon payment of the delinquent, redelivery, or reinstatement fees, if applicable Contractor shall resume collection on the next regularly scheduled collection day. 14 • • G. Refunds. Contractor shall refund to each customer, on a pro rata basis, any advance service payment- marir by such riictnmrr fpr cnn.ire not provided when service is discontinued by the customer. H. Additional Charges. Contractor shall include any additional charges as specified by City on the billings. 12. FRANCHISE FEES In consideration for the exclusive right to collect and dispose of solid waste within the corporate boundaries of City, Contractor shall pay to City, in lawful money of the United States, a franchise fee equal to five percent (5%) of the gross annual receipts of Contractor arising out of the use, operation or possession of this franchise. Said franchise fee shall be due to City in four (4) quarterly payments, which shall be due on or before the fifteenth (15th) day of each month. The amount of each such payment shall be equal to five percent (5%) of the previous months' gross receipts. As used herein, "Gross Receipts" shall include all fees, charged and revenues received by Contractor, and its affiliates and subsidiaries, if any, arising from or attributable to operation of this franchise less landfill and composting facility tipping fees. A. In the event Contractor fails to make any of the payments provided for in this franchise on or before the dates due, Contractor shall pay as additional consideration both of the following amount: (1) A sum of money equal to five percent (5%) of the amount due. This amount is required in order to defray those additional expenses and costs incurred by City by reason of the delinquent payment including, but not limited to, the cost of administering, accounting and collecting said delinquent payment and the cost to city of postponing services and projects necessitated by the delay in receiving the revenue; and (2) A sum of money equal to two percent (2%) of the amount due per month as interest and for loss of use of the money due. • 15 13. FAITHFUL PERFORMANCE Concurrent with the execution of this Agreement, contractor shall deposit with the City Manager a cash deposit, irrevocable letter of credit, or other such document evidencing an irrevocable cash deposit payable to city, in the amount of $10,000, in a form approved by the City Attorney, guaranteeing contractor's faithful performance of the terms of this agreement. Such cash deposit, letter of credit or other such document shall be maintained in effect throughout the duration of this Agreement. 14. INSURANCE COVERAGE Contractor shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, or Contractor's agents, representative, employees or subcontractors. A. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) General LiabilitL Insurance Services Office form number GL 0002 (Ed. 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Service Office Commercial General Liability coverage ("occurrence" form CG 0001). (2) Automotive Liability. Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. (3) Worker's Compensation. Workers' Compensation insurance as required by the State of California, and Employers' Liability insurance. B. Minimum Limits of Insurance.Contractor shall obtain and maintain in full force and effect throughout the entire term of this Franchise Agreement a Broad Form Comprehensive General Liability (occurrence) policy with a 16 • • minimum limit of Five Million Dollars ($5,000,000.00) aggregate and One Million Dollars ($1.000.000.00) ner nccurrenre for bodily injury and property damage, with any self-insured retention not exceeding $200,000.00 per occurrence. Said insurance shall protect Contractor and City from any claim for damages for bodily injury, including accidental death, as well as from any claim for property damage which may arise from operations performed pursuant to this Franchise Agreement, whether such operations be by Contractor itself, or by its agents, employees, and/or Subcontractors. Copies of the policies or endorsements evidencing the above required insurance coverage shall be filed with the City Clerk. All of the following endorsements are required to be made a part of the insurance policies required by this Section: (1) "The City, its employees, agents, Contractors, and officers, are hereby added as insured as respects liability arising out of activities performed by or on behalf of Contractor." (2) '"This policy shall be considered primary insurance as respects any other valid and collectible insurance the City may possess including any self-insured retention the City may have, and any other insurance the City does possess shall be considered excess insurance and shall not contribute with it." • (3) '"This insurance shall act for each insured, as though a separate policy had been written for each. This, however, shall not act to increase the limit of liability of the insuring company." (4) '"Thirty (30) days prior written notice by certified mail, return receipt requested, shall be given to the City in the event of suspension, cancellation, reduction in coverage or in limits, or non-renewal of this policy for whatever reason. Such notice shall be sent to the City Clerk." (5) The limits of such insurance coverage, and companies, shall be subject to review and approval by the City Manager every year and may be increased at that time and match the coverage provided by the City's own liability insurance policy. The City shall be included as a named insured on all policies and endorsements. C. Modification. The insurance requirements provided herein may be modified or waived in writing by the City Council upon the request of Contractor, provided the City Council determines such modification or waiver is in the best • 17 • interests of City considering all relevant factors, including the fact that the parent of Contractor may be self-insured nn tn a rertsin aeeentahlr amnunr_ D. Deductibles and Self-Insured Retention Any deductibles or self- insured retention must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention as respects City, its officers, officials, employees and volunteers; or contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. E. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) City, its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain • no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. (2) Contractor's insurance coverage shall be primary insurance as respects City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by City, its officers, officials, employees or volunteers shall be excess of Contractor's insurance and shall not contribute with it. (3) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, officials, employees or volunteers. (4) Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either • 18 • party, or reduced in coverage or in limits except after thirty (30) days' prior to written notice by certified mail, has been given to C';h, F. Acceptability of Insurers. Insurance is to be placed with insurers with the Best's rating of no less than ANII. G. Verification of Coverap_e• Contractor shall furnish City with certificates of insurance and original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms provided by City. All certificates, letters and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. H. Subcontractors. Contractor shall include any subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of • the requirements stated herein. 15. FRANCHISE TRANSFERRABLE A. The franchise granted by this Franchise Agreement shall not be transferred, sold, hypothecated, sublet, or assigned, nor shall any of the rights or privileges herein be hypothecated, leased, assigned, sold, or transferred, either in whole or in part, nor shall title thereto, either legal or equitable, or any right, interest, or property therein, pass to or vest in any person, except the Contractor, either by act of the Contractor or by operation of law, without the prior written consent of the City expressed by Resolution. Any attempt by Contractor to assign this franchise without the consent of City shall be void. B. The City may impose conditions of approval on a Franchise Agreement transfer, including, but not limited to, conditions requiring acceptance • 19 • of amendments to Chapter 3 and this Franchise Agreement. The City shall not be unreasonable in withholding the transfer. C. City consent is required for any change in control of Contractor. "Change in control" shall mean any sale, transfer, or acquisition of Contractor. Contractor is a corporation, and any acquisition of more than ten percent (10%) of Contractor's voting stock by a person, or group of persons acting in concert, who already owns less than 50% of the voting stock, shall be deemed a change in control. D. Any change in control of the Contractor occurring without prior City approval shall constitute a material breach of this Franchise Agreement. 16. FRANCHISE TRANSFER: FEES A. Any application for 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 City by a Resolution of the Council, to cover the cost of all direct and indirect administrative expenses including consultants and attorneys, necessary to adequately analyze the application and to reimburse City for all direct and indirect expenses. In addition, the Contractor shall reimburse the City for all costs not covered by the transfer fee. Bills shall be supported with evidence of the expense or cost incurred. The applicant shall pay such bills within thirty (30) days of receipt. B. These franchise transfer fees are over and above any franchise fees specified in this Franchise Agreement. 17. IMPOSITION OF DAMAGES OR TERMINATION A. If the City Manager determines that the Contractor's performance pursuant to this Franchise Agreement has not been in conformity with reasonable industry standards which are obtained in similar cities in Southern California, the • 20 • provisions of this Franchise Agreement, the requirements of Chapter 3, the requirements of the C.aiifnm;� Inteff atm Wade M!Inao mant Board, including, but not limited to, requirements for source reduction and recycling (as to the waste stream subject to this Franchise Agreement) or any other applicable Federal, State, or local law or regulation, including but not limited to the laws governing transfer, storage, or disposal of special wastes, the City Manager may advise Contractor in writing of such deficiencies. The Manager may, in such written instrument, set a reasonable time within which correction of all such deficiencies is to be made. Unless otherwise specified, a reasonable time for correction shall be sixty (60) days from the receipt by the Contractor of such written notice. The City Manager shall review the Contractor's response and refer the matter to the City Council or decide the matter and notify the Contractor of that decision, in writing. A decision or order of the City Manager shall be final and binding on Contractor if the Contractor fails to file a "Notice of Appeal" with the City Manager within 30 days of receipt of the City Manager's decision. Within ten working days of receipt of a Notice of Appeal, the City Manager shall either refer the appeal to the City Council for proceedings in accordance with Section 17 C and D, below, or refer the matter to a hearing officer as provided in Section 18, below. • B. The City Council, in such case, may set the matter for hearing. The City Council shall give Contractor, and any other person requesting the same, fourteen (14) days written notice of the time and place of the hearing. At the hearing, the City Council shall consider the report of the City Manager indicating the deficiencies, and shall give the Contractor, or its representatives and any other interested person, a reasonable opportunity to be heard. C. Based on the evidence presented at the public hearing, the Council shall determine by Resolution whether the Franchise Agreement should be terminated or liquidated damages imposed. If, based upon the record, the City Council determines that the performance of Contractor is in breach of any material term of this Franchise Agreement or any material provision of any applicable Federal, State, or local statute or regulation, the City Council, in the exercise of its sole discretion, may terminate forthwith, the Franchise Agreement or impose liquidated damages, as defined below. The decision of the City Council shall be final and conclusive, subject to referral of the matter for an administrative hearing pursuant to Section 18, below. Contractor's performance under its franchise is not excused during the period of time prior to the City Council's final determination as to whether such performance is deficient. 21 • D. This right of termination or to impose liquidated damages is in addition to any other rights of City unnn a fail„rr of r'ontracter to ierfn�" ;to obligations under this Franchise Agreement. E. The City further reserves the right to terminate Contractor's franchise or impose liquidated damages in the event of any of the following: (1) If the Contractor becomes insolvent, unable, or unwilling to pay its debts, or upon listing of an order for relief in favor of Contractor in a bankruptcy proceeding. (2) If the Contractor fails to provide or maintain in full force and effect, the workers' compensation, liability, indemnification coverage, or cash bond as required by the Franchise Agreement. (3) If the Contractor willfully violates any orders or rulings of any regulatory body having jurisdiction over the Contractor relative to this Franchise Agreement, provided that the Contractor may contest any such orders or rulings by appropriate proceedings conducted in good faith, in which case no breach of the franchise shall be deemed to have occurred. (4) If the Contractor ceases to provide collection as required under this Franchise Agreement over all or a substantial portion of its Franchise Area for a period of seven (7) days or more, for any reason within the control of the Contractor. (5) If the Contractor willfully fails to make any payments required under the Franchise Agreement and/or refuses to provide City with required information, reports, and/or test results in a timely manner as provided in the Franchise Agreement. (6) Any other act or omission by the Contractor which materially violates the terms, conditions, or requirements of this franchise, Chapter 3, the California Integrated Waste Management Act of 1989, as it may be amended from time to time or any order, directive, rule, or regulation issued thereunder and which is not corrected or remedied within the time set in the written notice of the violation or, if the Contractor cannot reasonably correct or remedy the breach within the time set forth in such notice, if the Contractor should fail to commence to correct or remedy such violation 22 • within the time set forth in such notice and diligently effect such correction or remedy thereafter_ F. Liquidated Damages. The City finds, and the Contractor agrees, that as of the time of the execution of this Franchise Agreement, it is impractical if not impossible, to reasonably ascertain the extent of damages which shall be incurred by the City as a result of a material breach by Contractor of its obligations under this Franchise Agreement. The factors relating to the impracticability of ascertaining damages include, but are not limited to, the fact that: (i) substantial damage results to members of the public who are denied services or denied quality or reliable service; (ii) such breaches cause inconvenience, anxiety, frustration, and deprivation of the benefits of the Franchise Agreement to individual members of the general public for whose benefit this Franchise Agreement exists, in subjective ways and in varying degrees of intensity which are incapable of measurement in precise monetary terms; (iii) that services might be available at substantially lower costs than alternative services, and the monetary loss resulting from denial of services or denial of quality or reliable services is impossible to calculate in precise monetary terms; and (iv) the termination of this Franchise Agreement for such breaches, and other remedies are, at best, a means of future correction and not remedies which make • the public whole for past breaches. Accordingly, the City Council may, in its discretion, assess liquidated damages not to exceed the sum of Seven Hundred and Fifty Dollars ($750.00) per day, for each calendar day that service is not provided by Contractor in accordance with this Franchise Agreement. The amount of the liquidated damages shall be increased by the past year's consumer price index (all urban consumers) for the Los Angeles-Anaheim-Riverside area on March 1 and effective July 1 of each year. In addition, the Council may order the assessment against the cash bond required by Section 13, above, the termination of the Franchise Agreement, or both. The City finds, and the Contractor acknowledges and agrees that the above described liquidated damages provisions represent a reasonable sum in light of all of the circumstances. Said liquidated damages sums shall be applicable to each calendar day of delay during which Contractor has been found by the City Council to be in material default pursuant to this Section. The Contractor shall pay any liquidated damages assessed by the City Council within ten (10) days after they are assessed. If they are not paid within the ten (10) day period, the City may withdraw them from the security fund established by the cash bond required by • 23 • Section 13, above, order the termination of the franchise granted by this Franchise Agreement, or both. 18. ADMINISTRATIVE HEARING PROCEDURES A. Should Contractor contend that the City is in breach of this Franchise Agreement, it shall file a request with the City Manager for an administrative hearing on the allegation. B. If either the City Manager or the City Council refers a matter to a hearing officer, or if the Contractor should allege a breach of the franchise by the City, City and Contractor shall mutually agree on a hearing officer. If agreement is not reached within twenty (20) working days of the filing of the notice of appeal, then Contractor shall select the hearing officer from a list of three potential hearing officers who are retired California Superior Court judges or Appellate Court justices, none of whom are related to the parties, prepared by the City Manager and approved by the City Council. • C. The hearing shall be conducted according to California Code of Civil Procedure Section 1280, et sea. The exclusive venue shall be in Riverside County, California. A hearing officer to whom a matter is referred shall have the authority to (i) order the City or the Contractor to undertake remedial action to cure the breach and to prevent occurrence of similar breaches in the future; (ii) assess damages and/or levy a penalty upon the Contractor consistent with the terms of this Franchise Agreement; or (iii) find there has been no breach. If the hearing officer finds there has been no breach, such a decision precludes the City from conducting a default hearing. For any occurrence or series of related occurrences, the penalty may be up to Five Thousand Dollars ($5,000.00). The amount of the penalty shall be reasonably related to the seriousness of the breach of the Franchise Agreement. D. The party losing the hearing shall be liable for the hearing officer's fees. • 24 • E. Any failure of the Contractor to comply with the hearing officer's order shall be deemed a material breach of tb- Pranchke. AareemPnr, and may be grounds for termination of the Franchise Agreement. F. The hearing officer shall commence the hearing within thirty (30) days of selection unless the parties and the hearing officer otherwise agree. Any party to the hearing may issue a request to compel reasonable document production from the other party. Disputes concerning the scope of document production and enforcement of document requests shall be subject to agreement by the parties, or if agreement is not reached within twenty (20) days of that document request, then by disposition by order of the hearing officer. Any such document request shall be subject to the proprietary rights and rights of privilege of the parties, and the hearing officer shall adopt procedures to protect such rights. Except as may be otherwise specifically agreed by the parties, no other form of pretrial discovery shall be available to the parties; provided that if either party notifies the hearing officer that a material violation of the franchise or rights in connection therewith is claimed by either party, the provisions of Code of Civil Procedure Section 1283.05 shall apply. • G. Neither party may communicate separately with the hearing officer after the hearing officer has been selected. All subsequent communications between a party and a hearing officer shall be simultaneously delivered to the other party. This provision shall not apply to communications made to schedule a hearing or request a continuance. H. Until final judgment is entered from the hearing officer proceeding under the foregoing provisions and the time for appeal or other post judgment petition has expired, the imposition or enforcement of any penalties or sanctions provided in the Franchise Agreement and related to the subject matter of the hearing shall be stayed. The hearing officer may modify or cancel any proposed penalties or sanctions upon a finding that the party subject thereto acted with substantial justification or if the interests of justice so require. • 25 • I. Any party to a hearing may petition the Superior Court in Orange County. California to confirm, correct, or vacate the award on trP grovr�r stated in the General Arbitration Act. Any proceedings on appeal shall be in accordance with Code of Civil Procedures § 1294 and § 1294.2. 19. CITY'S ADDITIONAL REMEDIES In addition to the remedies set forth in Sections 17-18, above, City shall have the following rights: A. To rent or lease equipment from Contractor for the purpose of collecting, transporting, recycling, composting, and disposing of solid waste and construction debris and providing temporary bin/rolloff services pursuant to this Franchise Agreement, for a period not to exceed six (6) months. In the case of equipment not owned by Contractor, Contractor shall assign to City, to the extent Contractor is permitted to do so under the instruments pursuant to which Contractor possesses such equipment, the right to possess the equipment. If City • exercises its rights under this Section, City shall pay to Contractor the reasonable rental value of the equipment so taken for the period of City's possession thereof, B. The right to license others to perform the services otherwise to be performed by Contractor hereunder, or to perform such services itself-, and C. The right to obtain damages and/or injunctive relief. Both parties recognize and agree that in the event of a breach under the terms of this Franchise Agreement by Contractor, City may suffer irreparable injury and incalculable damages sufficient to support injunctive relief, to enforce the provisions of this Franchise Agreement and to enjoin the breach thereof. 20. RIGHTS OF CITY TO PERFORM DURING EMERGENCY Should Contractor, for any reason whatsoever, except the occurrence or existence of any of the events or conditions set forth in Section 28, "Force 26 • • Majeure." below, refuse or be unable to and collect, transport, recycle, compost, and dispose of cnlid waste and construction debris and provide temporary bin/rolloff services any or all of the refuse, compostables, and recyclables which it is obligated under this Franchise Agreement for a period of more than seventy-two (72) hours, and if as a result thereof, debris, refuse, compostables, recyclables, and construction debris should accumulate in City to such an extent, in such a manner, or for such a time that the City Manager should find that such accumulation endangers or menaces the public health, safety, or welfare, then in such event City shall have the right, upon twenty-four (24) hour prior written notice to Contractor, during the period of such emergency, to temporarily take possession of any or all equipment and facilities of Contractor previously used in providing the collection, transportation, recycling, composting, and disposal of solid waste and construction debris and provide temporary bin/rolloff services under this Franchise Agreement, and to use such equipment and facilities to collect, recycle, compost, and transport any or all debris, refuse, compostables, recyclables, and construction debris and provide temporary bin/rolloff services which Contractor would otherwise be obligated to collect, recycle, compost, transport, and dispose of solid waste and construction debris and provide temporary bin/rolloff services pursuant to this Franchise Agreement. Contractor agrees that in such event it shall fully cooperate with City to effect such a transfer of possession for City's use. • Contractor agrees that, in such event, City may take temporary possession of and use all of said equipment and facilities without paying Contractor any rental or other charge, provided that City agrees that, in such event, it assumes complete responsibility for the proper and normal use of such equipment and facilities. City agrees that it shall immediately relinquish possession of all of the above mentioned property to Contractor upon receipt of written notice from Contractor to the effect that it is able to resume its normal responsibilities under this Franchise Agreement. 21. PRIVACY Contractor shall strictly observe and protect the rights of privacy of customers. Information identifying individual customers or the composition or contents of a customer's waste stream shall not be revealed to any person, governmental unit, private agency, or company, unless upon the authority of a court of law, by statute, or upon valid authorization of the customer. This • 27 provision shall not be construed to preclude Contractor from preparing, participating in, or assisting in the preps-9finn of waste characterization Studies or waste stream analyses which may be required by AB 939. Contractor shall not market or distribute, outside the normal course of its business, mailing lists with the names and addresses of customers. The rights accorded customers pursuant to this Section shall be in addition to any other privacy right accorded customers pursuant to Federal or State law. 22. REPORTS AND ADVERSE INFORMATION A. Annual Reports. Upon request the City may require that within sixty (60) days the Contractor submit a written annual report, in a form approved by the City, including, but not limited to, the following information: (1) A summary of the previous year's (or, in the case of the initial report year, the initial year's) activities including, but not limited to, services begun or discontinued during the reporting year, and the number of customers for each class of service; • (2) A report, in a form satisfactory to the City, on the City's progress in meeting and maintaining its ability to meet its goals under AB 939, along with any recommended changes. (3) A revenue statement, setting forth quarterly Franchise Fees and the basis for the calculation thereof, certified by an officer of the Contractor, with an annual statement certified by an independent auditor of the Contractor; (4) A list of Contractor's officers and members of its board of directors. (5) A list of stockholders or other equity investors holding five percent (5%) or more of the voting interest in the Contractor and any subsidiaries unless Contractor is a public corporation whose annual reports are publicly available. • 28 B. Adverse Information. Contractor shall provide City two copies of all renortc; or other material adversely affectingthe FranrhieP AgrPP.,Pnr submitted by Contractor to the EPA, the California Integrated Waste Management Board, or any other Federal or State agency. Copies shall be submitted to City simultaneously with Contractor's filing of such matters with said agencies. Contractor's routine correspondence to said agencies need not be automatically submitted to City, but shall be made available to City upon written request, as provided in Section 27, below. (1) The Contractor shall submit to City copies of all pleadings, applications, notifications, communications, and documents of any kind, submitted by the Contractor to, as well as copies of all decisions, correspondence, and actions by, any Federal, State, and local courts, regulatory agencies, and other government bodies relating specifically to Contractor's performance of services pursuant to this Franchise Agreement. Any confidential data exempt from public disclosure shall be retained in confidence by the City and its authorized agents and shall not be made available for public inspection. (2) Contractor shall submit to the City such other information or reports in such forms and at such times as the City may reasonably request or require. (3) All reports and records required under this or any other section shall be furnished at the sole expense of the Contractor. (4) A copy of each of Contractor's annual and other periodic public financial reports and those of its parent, subsidiary, and affiliated corporation and other entities, as the City requests, shall be submitted to the City within thirty (30) days after receipt of a request. C. Tonnage Receipt. The Contractor shall submit to the City Manager and/or his designee quarterly reports setting forth the amount of tonnage of solid waste collected from within the City limits and disposed of pursuant to this Agreement for the previous quarter and setting forth the cumulative year-to-date total amount of tonnage of such solid waste. Said reports shall be based upon the tonnage receipts provided to Contractor by the solid waste facility or landfill. Contractor shall, upon demand by the City provide true and accurate copies of the tonnage receipts in order for City to verify Contractors' quarterly reports. • 29 D. Failure to Report. The refusal, failure, or neglect of the Contractor to file any of the reports rey„ired, or the inclusion of any materially false or misleading statement or representation made knowingly by the Contractor in such report shall be deemed a material breach of the Franchise Agreement, and shall subject the Contractor to all remedies, legal or equitable, which are available to the City under the Franchise Agreement or otherwise. 23, PUBLIC ACCESS TO CONTRACTOR A. Office Hours. Contractor's office hours shall be, at a minimum, from 8:00 A.M. to 5:00 P.M. daily, on all collection days. A representative of Contractor shall be available during office hours for communication with the public at Contractor's principal office. In the event that normal business cannot be rectified over the telephone, a representative of Contractor shall agree to meet with the public at a location agreeable to Contractor and the public. Normal office hours telephone numbers shall either be a local or toll free call. Contractor shall also maintain a local or toll free after-hours telephone number for use during other than normal business hours. Contractor shall have a representative or answering service available at said after-hours telephone number during all hours other than normal office hours. B. Service Complaints. Contractor shall address and manage all complaints in the following manner: (1) All customer complaints shall be directed to Contractor. Contractor shall record all complaints received by mail, by telephone, or in person (including date, name, address of complainant, and nature of complaint). Contractor agrees to use its best efforts to resolve all complaints by close of business of the second business (waste collection) day following the date on which such complaint is received. Service complaints may be investigated by the City Manager or the Manager's designee. Unless a settlement satisfactory to complainant, the Contractor, and the Manager's designee is reached, the complainant may refer the matter to the City Manager for review. (2) Contractor shall maintain records listing the date of consumer complaints, the customer, describing the nature of the complaint or request, • 30 and when and what action was taken by the Contractor to resolve the complaint. All such records shall he maintained and shall he available for inspection by City, as described in Section 27. Contractor shall prepare monthly summaries of consumer complaints. The summaries shall be available and delivered monthly to the City Manager or the City Manager's designated representative. C. Government Liaison Person. The Contractor shall designate a "government liaison person" who shall be responsible for working with the City Manager or the City Manager's designated representative to resolve consumer complaints. 24. RESOLUTION OF DISPUTED CUSTOMER COMPLAINTS A. The Contractor shall notify customers of this complaint arbitration procedure at the time customers apply for or are provided service, and subsequently, annually. B. A customer dissatisfied with Contractor's decision regarding a complaint may ask the City to review the complaint. To obtain this review, the customer must request City review within 30 days of receipt of Contractor's response to the Complaint, or within 45 days of submitting the complaint to the Contractor, if the Contractor has failed to respond to the complaint. The City may extend the time to request its review for good cause. C. Before reviewing the complaint, the City Manager shall refer it to the Contractor. If the Contractor fails to cure the complaint within ten (10) days, the City Manager shall review the customer's complaint and determine if further action is warranted. The City Manager may request written statements from the Contractor and customer, and/or oral presentations. D. The City Manager shall determine if the customer's complaint is justified, and if so, what remedy, if any, shall be imposed. • 31 • E. Contractor shall maintain all records relating to customer complaints, for a period not less than one (1) year. 25. OWNERSHIP OF SOLID WASTE: FLOW CONTROL. Ownership and the right to possession of refuse, compostables, and recyclables, placed in containers, bins or rolloffs, or placed at curbside, shall transfer directly from the customer to the Contractor, by operation of law. Contractors' arrangements with its customers will provide that, subject to the right of the customer to claim lost property, title and the right to possession, and liability for all recyclables and all solid waste, whether or not recyclable, which is set out for collection on the regularly scheduled collection day shall pass to contractor at the time it is set out. Subject to the provisions of this Franchise Agreement, Contractor shall have the right to retain any benefit profit resulting from its right to retain, recycle, compost, dispose of, or use the refuse, compostables, recyclables, and construction debris which it collects. Refuse, compostables, recyclables, and construction debris, or any part thereof, which is disposed of at a disposal site or sites (whether landfill, transformation facility, • compost facility, or material recovery facility) shall become the property of the owner or operator of the disposal site or sites once deposited there by Contractor. However, City, at its sole option, shall retain the right to require Contractor which transformation facility, compost facility, material recovery facility or landfill shall be used to retain, recycle, compost, process, and dispose of solid waste and construction debris generated within the Franchise Area. In this instance, Contractor shall conduct a rate audit and recommend, if necessary, a rate adjustment. 26. INDEMNIFICATION A. Indemnification of City. Contractor agrees that it shall protect, defend with counsel approved by City, indemnify, and hold harmless City, its officers, employees, and agents from and against any and all losses, liabilities, fines, penalties, claims, damages, liabilities, or judgments, including attorneys fees, arising out of or resulting in any way from Contractor's exercise of this franchise, unless such claim is due to the sole negligence or willful acts of the City, its • 32 officers, employees, agents, or contractors, or from the City's grant of this franchise to Contractor. Suhject to the scope of this indemnification and open demand of the City, made by and through the City Attorney, the Contractor shall appear in and defend the City and its officers, employees, and agents in any claims or actions, whether judicial, administrative, or otherwise arising out of the exercise of the Franchise Agreement. B. Indemnification of Contractor. The City shall indemnify, defend and hold the Contractor, its affiliates and their respective officers, directors, employees, and shareholders harmless from and against any and all liabilities, losses, damages, claims, actions, causes of action, costs, and expenses (including reasonable attorneys' fees) arising from or in any manner related to the sole negligence or willful acts of the City, its officers, employees, agents, or contractors. C. Hazardous Substances Indemnification. Contractor shall indemnify, defend with counsel approved by City, protect and hold harmless City, its officers, employees, agents, assigns, and any successor or successors to City's interest from and against all claims, actual damages (including but not limited to special and consequential damages), natural resources damage, punitive damages, injuries, • costs, response remediation and removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties, and expenses (including but not limited to attorneys' and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, City or its officers, employees, agents, or Contractors arising from or attributable to any repair, cleanup or detoxification, or preparation and implementation of any removal, remedial, response, closure or other plan (regardless of whether undertaken due to governmental action) concerning any hazardous substance or hazardous wastes at any place where Contractor stores or disposes of municipal solid waste or construction and debris pursuant to this Franchise Agreement. The foregoing indemnity is intended to operate as an agreement pursuant to Section 107(e) of the Comprehensive Environmental Response, Compensation and Liability Act, "CERCLA', 42 U.S.C. Section 9607(e) and California Health and Safety Code Section 25364, to insure, protect, hold harmless, and indemnify City from liability. • 33 • D. AB 939 Indemnification. Contractor agrees to protect, defend, with counsel approved by City, and indemnify City aoainsf alt fines or penalties imposed by the California Integrated Waste Management Board in the event the source reduction and recycling goals or any other requirement of AB 939 are not met by City with respect to the waste stream collected under this Franchise Agreement. Assuming City and Contractor agree on programs, Contractor shall cause at least twenty-five percent (25%) by January 1, 1995, and fifty percent (50%) by January 1, 2000, of the waste stream collected under this Agreement to be diverted as defined by State law as amended from time to time. E. Workers' Compensation Insurance. Contractor shall obtain and maintain in full force and effect throughout the entire term of this Franchise Agreement full workers' compensation insurance in accord with the provisions and requirements of the Labor Code of the State of California. Endorsements that implement the required coverage shall be filed and maintained with the City Clerk throughout the term of this Franchise Agreement. The policy providing coverage shall be amended to provide that the insurance shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. The policy shall also be amended to waive all rights of subrogation against • the City, its elected or appointed officials, employees, agents, or Contractors for losses which arise from work performed by the named insured for the City. 27. CONTRACTOR'S BOOKS AND RECORDS: AUDITS A. Contractor shall maintain all records relating to the services provided hereunder, including, but not limited to, customer lists, billing records, accounts payable records, maps, and AB 939 compliance records, for a period of not less than three (3) years, or any longer period required by law. The City shall have the right, upon five (5) business days advance notice, to inspect all maps, AB 939 compliance records, customer complaints, and other like materials of the Contractor which reasonably relate to Contractor's compliance with the provisions of the Franchise Agreement. Such records shall be made available to City at Contractor's regular place of business, but in no event outside the County of Orange. • 34 • B. Should any examination or audit of Contractor's records reveal an underpayment of any fee required under this Franchi-- Agreement, the ?monnt of such underpayment shall become due and payable to City not later than fifteen (15) days after written notice of such underpayment is sent to Contractor by City. Should an underpayment of more than three percent (3%) be discovered, Contractor shall bear the entire cost of the audit of the franchise fees. 28. GENERAL PROVISIONS A. Force Majeure. Contractor shall not be in default under this Franchise Agreement in the event that the and temporary bin/rolloff services and the collection, transportation, recycling, composting, and disposal of solid waste and construction debris provided by the Contractor are temporarily interrupted or discontinued for any of the following reasons: riots, wars, sabotage, civil disturbances, insurrections, explosion, natural disasters such as floods, earthquakes, landslides, and fires, strikes, lockouts, and other labor disturbances or other catastrophic events which are beyond the reasonable control of Contractor. Other catastrophic events do not include the financial inability of the Contractor to perform or failure of the Contractor to obtain any necessary permits or licenses from other governmental agencies or the right to use the facilities of any public utility where such failure is due solely to the acts or omissions of the Contractor. In the event a labor disturbance interrupts temporary bin/rolloff services and the collection, transportation, recycling, composting, and disposal of solid waste and construction debris by Contractor as required under this Franchise Agreement, City may elect to exercise its rights under Section 17 of this Agreement. B. Independent Contractor. Contractor is an independent contractor and not an officer, agent, servant, or employee of City. Contractor is solely responsible for the acts and omissions of its officers, agents, employees, Contractors, and subcontractors, if any. Nothing in this Franchise Agreement shall be construed as creating a partnership or joint venture between City and Contractor. Neither Contractor nor its officers, employees, agents, or subcontractors shall obtain any rights to retirement or other benefits which accrue to City employees. 35 • C. Pavement Damage. Contractor shall be responsible for any extraordinary damage to City's driving surfaces, resulting from negligence in providing refuse collection and temporary bin/rolloff services. D. Property Damage. Any physical damage caused by the negligent or willful acts or omissions of employees, Contractors, or subcontractors of the Contractor to private or public property shall be repaired or replaced. E. Right of Entry. Contractor shall have the right, until receipt of written notice revoking permission to pass is delivered to Contractor, to enter or drive on any private street, court, place, easement, or other private property for the purpose of providing temporary bin/rolloff services and the collection, transportation, recycling, composting, and disposal of solid waste and construction and debris pursuant to this Franchise Agreement. F. Law to Govern: Venue. The law of the State of California shall govern this Franchise Agreement. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Orange. In the . event of litigation in a U.S. District Court, exclusive venue shall lie in the Central District of California. G. Fees and Gratuities. Contractor shall not, nor shall it permit any agent, employee, or subcontractors employed by it to, request, solicit, demand, or accept, either directly or indirectly, any compensation or gratuity for temporary bin/rolloff services and the collection, transportation, recycling, composting, and disposal of solid waste and construction debris otherwise required under this Franchise Agreement. H. Prior Agreements and Amendment. This Franchise Agreement is intended to carry out City's obligations to comply with the provisions of the California Integrated Waste Management Act of 1989, ("AB 939") as it from time to time may be amended, and as implemented by regulations of the California Integrated Waste Management Board ('Regulations"), as they from time to time may be amended. In the event that AB 939 or other State or Federal laws or regulations enacted after this Franchise has been enacted, prevent or preclude compliance with one or more provisions of this Franchise Agreement, such • 36 provisions of the Franchise shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations. No other amendment of this Franchise Agreement shall be valid unless in writing duly executed by the parties. I. Compliance with Franchise Agreement. Contractor shall comply with those provisions of the San Juan Capistrano Municipal Code which are applicable, and with any and all amendments to such applicable provisions during the term of this Franchise Agreement. J. Notices. All notices required or permitted to be given under this franchise shall be in writing and shall be personally delivered or sent by telecopier(fax), or United States certified mail, postage prepaid, return receipt requested, and addressed as follows: To City: City of San Juan Capistrano City Attorney 32400 Paseo Adelanto San Juan Capistrano, CA 92675 To Contractor: Solag Disposal Company Incorporated P. O. Box 1100 San Juan Capistrano, California 92693 Telecopier: (714) 240-0195 Telephone: (714) 240-0446 or to such other address as either party may from time to time designate by notice to the other given in accordance with this Section. Notice shall be deemed effective on the date personally served or, if mailed, three (3) business days from the date such notice is deposited in the United States mail. K. Savings Clause and Entirety. If any non-material provision of this Franchise Agreement shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the validity and enforceability of any of the remaining provisions of this Franchise Agreement. 37 L. Exhibits Incorporated. Exhibits "A" through "G" are attached to and incorporated in this Franchise Agreement by reference. M. Identification Required. (1) Contractor shall provide its employees, Contractors, and subcontractors with identification for all individuals who may make personal contact with residents of the City. (2) The Contractor shall provide a list of current employees, Contractors, and subcontractors to the City upon request. The City may require the Contractor to notify customers yearly of the form of said identification. WITNESS the execution of this Agreement on the day and year written above. CITY OF SAN JUAN_APSTRANO ATTEST: B . Gil J Mayor Cheryl Johnson, City Clerk APPROVED AS TO FORM: T131 Z9, Rfdhard benhafter, City Attorney Solag Disposal Co. Incorporated BC:L Tom Trulis, Owner/President 38 ACKNOWLEDGMENT STATE OF ) ss. COUNTY OF ) On before me, the undersigned, A Notary Public in and for the State of California, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. • Signature: CORPORATE SEAL • 39 EXHIBIT A Solid Waste Collection Rate Schedule • 1. Automated residential curb and roadside collection, recycling, composting and disposal located on a paved, two lane road; monthly rate for: (2) 35 gallon containers one refuse, one recycling: $11.76 (2) 60 gallon containers one refuse, one recycling: $13.25 (3) 60 gallon containers one refuse, one recycling, one compost:$ 15.80 Each additional container: $5.00 2. Multi-family, Commercial and Industrial receiving bin service (3 cubic yard bins) for DISPOSAL; monthly rate with the following pickups per week: 1 x week $ 72.58 4 x week $189.41 2 x week $111.94 5 x week $230.03 3 x week $151.30 6 x week $269.44 3. Multi-family, Commercial and Industrial receiving bin service (3 cubic yard bins) for MATERIALS RECOVERY PROCESSING; monthly rate with the following pickups per week: 1 x week $ 95.27 4 x week $212.10 • 2 x week $134.63 5 x week $252.72 3 x week $173.99 6 x week $292.13 4. Roll-Off Rate: Regular Service Drop-off-box: 160.73 + Landfill fee Compactor: 176.28 + Landfill fee On-Call Service 36 cu. yd. Drop-off-box: 331.22 Lowboy Drop-off-box: 393.78 3 cu. yd. Drop-off-box: ( 24 Hrs.) 40.00 ( weekly ) 52.00 • Bulky Items: First two calls: $-0- Each call thereafter: $10.00 40 EXHIBIT B Solid Waste Collection Rate Comuutation Formula • The contractor shall be entitled to an annual increase of the base rate up to but not exceeding, a weighted average of the Los Angeles-Long Beach-Anaheim Metropolitan Area Consumer Price Index, Department of Labor, more specifically, the annual increase shall be computed in accordance with the below weighted average formula: Cost Index of Annual Catego1y Change % Cane Weight Total % Labor Teamsters .3325 369 Contract' Fuel PPI, Code 573032 .08 Vehicle PPI, Code 141106 .07 Depreciation General PPI, Cade 114 .1431 • Equipment and Machinery General PPI, Code 116605 .0244 Vehicle Parts Fabricated PPI, Code 107 .02 Metal Products All Other CPI' .33 Total 1.0 • ' Based on existing labor contracts governing local collectors. 2 PPI is the Producer Index Published monthly by the Bureau of Labor 3 CPI is the Consumer Price Index for Los Angeles/Long Beach/Anaheim (unadjusted),All Urban Consumers,All Items Published monthly by the Bureau of Labor Statistics. 41 Additionally, the landfill tipping fee adjustment shall be a pro-rata pass through of any tipping fee increase. The pounds of refuse per resident shall be adjusted annually based on the contractors landfill gate receipts for the previous year. The • landfill tipping fee pass through formula is as follows: (A) Residential Pickup = 90 lbs/wk (60 gallon can; 60 lbs for 35 gallon can) 90 lbs. x 4.33 weeks = 389.7 lbs/month 389.7 lbs/2000 lbs (1 ton) = .195 (tipping fee x .195) x .75 (one (1) minus the actual diversion rate) _ tipping fee per month per home (B) Commercial Pickup - 420 lbs/1 x wk (3 cu yds) 420 lbs x 4.33 weeks = 1,818.6 lbs. 1,818.6 lbs/2000 lbs (1 ton) = .909 (tipping fee x .909) x .75 (one (1) minus the actual diversion rate) _ tipping fee at 1 x per week Residential Rate Composite: Two 35 gallon containers: Base Tipping Total Rate Fee Rate 9.55 + 2.21 + 11.76 • Two 60 gallon containers: Base Tipping Total to Fee Rate 9.93 + 3.32 + 13.25 Three 60 gallon containers: Base Tipping Total Rate Fee Rate 12.48 + 3.32 + 15.80 Commercial Rate Composite W/Processing: Base Tipping Processing Total Rate Fee Fee Rate 1 x wk 45.46 + 20.68 + 22.69 = 88.83 2 x wk 60.83 + 41.36 + 45.38 = 147.57 • 3 x wk 76.19 + 62.04 + 68.07 = 206.30 4 x wk 90.42 + 82.72 + 90.76 = 263.90 5 x wk 106.94 + 103.40 + 113.45 = 323.79 6 x wk 122.34 + 124.08 + 136.14 = 382.56 42 Commercial Rate Composite for Disposal Only: Base Tipping AB 939 Total • Rate Fee Compliance Rate 1 x wk 45.46 + 20.68 + 6.44 = 72.58 2 x wk 60.83 + 41.36 + 9.75 = 111.94 3 x wk 76.19 + 62.04 + 13.07 = 151.30 4 x wk 90.42 + 82.72 + 16.27 = 189.41 5 x wk 106.94 + 103.40 + 19.70 = 230.03 6 x wk 122.34 + 124.08 + 23.20 = 269.44 Roll-Off Rate: Regular Base Tipping AB 939 Total Service Rate Fee Compliance Rate Drop-off-box 135.00 + ----- + 30.73 = - Compactor 135.00 + ----- + 36.28 = On-Call Base Tipping AB 939 Total Service Rate Fee Compliance Rate 36 cu. yd. • Drop-off-box 135.00 + 170.63 + 30.59 = 336.22 Lowboy Drop-off-box 135.00 + 227.50 + 36.28 = 398.78 3 cu. yd. Drop-off-box ( 24 Hrs.) 30.97 + 5.70 + 3.33 = 40.00 ( weekly ) 42.02 + 5.70 + 4.28 = 52.00 • 43 EXIMII' C Recycling Programs, Service Commencement, . AB 939 Tonics, and Facility Considerations A. Contractor guarantees to City that it shall cause at least twenty-five percent (25%) by January 1, 1995, and fifty percent (50%) by January 1, 2000, of the waste stream collected under this Franchise Agreement to be diverted from ultimate deposit in landfills or transformation facilities in accordance with the regulations implementing the California Integrated Waste Management Act of 1989 (as amended) (also known as "AB 939"). Contractor shall make every effort possible to assist in implementing the programs identified in the City's Source Reduction and Recycling Element (SRRE) and Household Hazardous Wastes Element (HHWE). Contractor shall provide City with written reports in a form adequate to meet City's reporting requirements to the California Integrated Waste Management Board and to the County of Orange throughout the term of this Franchise wherein its performance under this program is set forth in detail. B. When a South Orange County Materials Recovery Facility (MRF) becomes available and operationally ready, all materials sent to the recycling facility in Stanton, California, shall be hauled and processed at the South Orange County Facility. C. Beginning July 1, 1992, Contractor shall conduct a waste audit of all . contracted commercial and multi-family accounts to determine their recyclable content, prior to services being rendered. The process used to conduct this waste audit shall be shared with the City of San Juan Capistrano, to ensure permit compliance and acceptance. Those accounts that contain a significant recyclable content shall be processed through the a MRF that currently processes materials for reuse. Customers achieving this content, or higher, shall only be charged the service rates that appear in Exhibit "A" paragraph A 3. Those accounts that do not satisfy the content level, shall have their waste stream disposed of at the landfill and shall only be charged the service rates that appear in Exhibit "A", paragraph A 2. However, if these customers desire to commence a source separated recycling program, a recycling container shall be provided by Contractor and customers shall be charged the additional service rates reflected in Exhibit "A". Once an appropriate South Orange County Material Recovery Facility (MRF) is operational to accept the entire waste stream, customers shall only be charged the service rates reflected in Exhibit "A" paragraph A 3. D. On December 1, 1992, Contractor shall commence implementation of an automated container refuse, recycling and composting system. One black container for refuse, one green container for yardwastes, and one blue container for recyclables. The containers shall be purchased and provided by Contractor at Contractor's expense and provide the minimum container specifications contained in Exhibit "D". The cost of the containers shall be amortised into the rate as set forth in Exhibit "B". Contractor shall replace and repair containers as may be necessary as a result of normal wear and tear. 44 E. On December 1, 1992, Contractor shall implement a completely 100% mechanized residential container system in conjunction with the use of the Material Recovery Facility and a compost diversion system to recover recyclables • and divert compostables. Mechanized meaning that Contractor shall provide collector trucks that are capable of picking up containers, emptying them into the collector truck, and then returning them to the curbside without any human handling of the container. The collection vehicles shall be purchased and provided by Contractor at Contractor's expense and provide the minimum vehicle specifications contained in Exhibit "E". The container that is designated as recyclables shall have its contents processed at the Material Recovery Facility. The greenwastes container shall its contents disposed of in a mutually acceptable compost facility. The refuse container shall have its contents taken to the landfill for disposal. F. On December 1, 1992, or with the commencement of the recycling programs the Contractor shall implement the additional services as outlined in Section 6. G. On November 1, 1992 or 30 days prior to implementation of the automated collection system Contractor shall provide to every resident an announcement of the new program, instructions on how to participate, and what services are available to the homeowner. H. Public Education Fund. Commencing with the implementation of the mechanized residential container system, Contractor shall continually maintain an • "Public Education Fund" for the sole purpose of supplying public education and information about source reduction, recycling, and composting. The amount to be set aside is .09 per household per month derived from the base rate. The public Education Fund shall be held in an interest bearing bank account, separate from other funds utilized by Contractor, and shall be made available for audit review upon request of the city. All interest earned on the balance remaining in this fund shall remain as part of the fund. I. Variable Can Rate. Contractor shall for those residents that require more than the containers supplied provide additional containers at a per can charge as specified in Exhibit "A". For each additional container Contractor shall deposit $ 1.75 per month into the public education fund outlined above. Contractor shall report to City those accounts that require additional containers. J. Contractor shall employ a person as the recycling coordinator whose sole responsibilities will be to assist in the implementation of the programs in the City's SRRE and HHWE. K. The failure of Contractor to achieve any of the above shall be deemed a material breach of this Franchise Agreement. • 45 EXHIBIT D Minimum Container Specifications Each container provided for the residential curbside collection shall have a capacity of sixtyseven (67) or thirtyfive (35) gallons. Each container (including hardware) shall be fully guaranteed for ten (10) years against breakage or material failure. When the word "container" is used in this specification, it is defined as a complete unit including full lid assembly, wheels and axle. Contractor shall be responsible for the replacement of container, wheels, lids, hinges, axles, and handles which fail by reason of improper or inadequate materials or defective workmanship, or insufficient resistance to weathering or any other cause other than negligent or abusive use by third parties or homeowners. The containers shall meet the following specifications in all material respects. Any deviations from the specifications shall be approved by the City Manager or designee. 1. Cart Body Rotationally molded, one hundred percent (100%) first quality High Density Crosslink Polyethylene, ultraviolet stabilized Paxon 7004/7204 or Phillips 66 CL 200. Certified to contain ultraviolet stabilization provided by the equivalent of .5% of UV 531 stabilization compound. Certified to meet a minimum ESCR rating exceeding 1000 hours for both 100% and 10% Igepal solutions. 2. Cart Handle Mounts Integrally molded part of cart body made of the same material as the body and require no hardware (No caps, screws, metal hinges or PVC pipe). External handle diameter, 1.375 inches. 3. Cart Lid Each container shall be furnished with a lid molded from the same material as the container and shall be of such a configuration that it shall not warp, bend slump, or distort to such an extent that it no longer fits flush on the container properly or becomes otherwise unserviceable. The lid shall be designed in such a manner to insure that it will be watertight. The lid shall have the same thickness as the container and shall fully open at 95 - 110 degrees. Imprinted with "Instructions" and "Indications and Contraindications" in English and Spanish. 4. Wheel Retainers Locking system to prevent disassembly. • 5. Axles 5/8" galvanized solid steel fully supported by cart body. No bolts or rivets used for mounting. 46 6. Wheels Each container shall be equipped with wheels molded from the same material as the body. Wheels shall be ten (10) inches in diameter by two and one-half (2k) inches in width. Minimum R.M.A. load rating of 180 pounds per wheel. 7. Capaci Container volume sixtyseven (67) or thirtyfive (35) U.S. gallons. 8. Dimensions 67 Gallon Container = Width: 31 inches Length: 36 inches Height: 45 inches. 35 Gallon Container = Width: 21 inches Length:21.5 inches Height: 38 inches. 10. Color Ultraviolet stabilized, non-fading blue, green, and black. 11. StabilJjX Designed to prevent being turned over by winds of up to 25 mph in any direction when empty. • 12. Hot Stamping To meet the provisions of this franchise agreement § 8(A)(14). 13. Serial Number Each container shall be "hot stamped" with an individual serial number which shall correspond with individual addresses. • 47 EXHIBIT E Minimum Automated Collection Vehicle Specifications • The following specifications are for Automated Side Loading Collection Vehicles to be procured for this Agreement: BODY AND PACKER BLADE 1. Body Model Amoasl Side Loader 20-36 cubic yard capacity with push out unloading. Octagonal shaped design. 2. Body Construction Body post and roof carlins: six (6) 1/8" x 4" x 2" formed steel on 26" centers. Sides (lower): 10 GA. 55,000 PSI HIGH-TEN Steel (min.) Sides (upper): 12 GA. 55,000 PSI HIGH-TEN Steel (min.) Roof: 12 GA. 55,000 PSI HIGH-TEN Steel Body floor: 1/4" T-1 115,000 PSI "AR" Steel Longitudinal: 6" x 8.2# channel Cross members: 1/8" x 4" x 2" formed steel 3. Hopper Construction • Hopper floor: 1/4" T-1 100,000 PSI "AR" Steel Sides (lower): 3/16 55,000 PSI HI-TEN Steel Horizontal braces: 2" x 2" square tubing 4. Hydraulic Rear Door 24" Lg. hydraulic actuated single rear steel convex door lined with plywood. Door sheets: 12 GA. 55,000 PSI Steel Bracing: 2" x 2" square tubing 5. Packer Blade/Eiection Panel Push type "A" frame box with concave face construction with skids to slide in full length guide on body floor. Packer face blade: 1/4" T-1 100,000 "AR" Steel Packer sides: 3/8" 55,000 Min. Yield Steel Packer length: 30" Packer width: 80" Packer height: 80" Packer guides: 6" x 15# channel full length of body Guide Material: Chromium based material • 48 6. Packer Follower Attached to top of packer blade to prevent refuse from collecting in front area of • body. Follower frame: 2!' x 2" square tubing Follower cover: 10 GA. 55,000 Min. Yield Steel 7. Engine Canopy Covers area between back of cab and front of body and side and top: 12 GA 55,000 Min. Yield Steel. 8. Ladder Right side of body to provide access to roof. HYDRAULIC SYSTEM AND COMPONENTS 9. Reservoir Sixty gallon capacity with breather cap, shut off value and tank drain plug. A 20 micron return line filter cartridge with a 20 PSI check valve. Vertical baffles, 150 micron reusable suction filter. 10. Hoses and Fittings • Heavy duty double wire braided AEROQUIP 100R2 SAE Hose and JIC Fittings. 11. Control Valve Commercial Intertech (Shearing) A-35 five spool valve with built in relief. 12. Aux. Pump Raises body 36" for servicing and raising cab. 13. PUMP Commercial Intertech (Shearing) P-75 (Front Pump) or P-50 (P.T.O.). 14. Packer/Ejector Cylinders Two, Three Stage Telescopic, Double Acting, All Stages Chrome. First Stage (Packing): 6Y' Bore Second Stage (Ejection): 5" Bore Third Stage (Ejection): 3k" Bore Stroke: 161" • 49 15. Rear Door Cylinders Two, Single Stage, Double Acting. • Bore: 2k" Stroke: 36" Rod: Chrome 1 V DIA. 16. Hydraulic Oil Anti-Wear, Corrosion, Oxidation and Foam Inhibitors ISO Viscosity Grade: 46 API Gravity: 31 Viscosity: 220 @ 100 DEG. F. Flash Point: 430 DEG. F. 17. Hydraulic Tube Seamless steel tubing with JIC fitting. 18. Hydraulic Controls MISCELLANEOUS 19, Li" • Standard I.C.C. lights and reflectors conforming to California State Vehicle Code. 'Truck-Lite" tail, stop, back-up and directional lights are mounted in the rear door. 20. Paint One coat primer and one coat polyurethane paint or equal. 21. Manuals Two operation and maintenance manuals with each unit. OPTIONS 22. Pump Drive Front mount pump off engine (Chassis must have proper modifications) or hot shift P.T.O. off of Allison automatic transmission. 23. Air Controls • Air control valves for inside and outside controls instead of lever operated cable controls. 50 24. Chromium Wear Strips Chromium wear strips on packer guides. • 25. Pall Filte External return line filter pall #HH8810B24DNUBPL. 26. Mid Body Dir. Lights Directional lights mounted at mid-point of body. 27. Paint Two-tone. 28. Body Size Variations Body can be made 20-36 cubic yards (including hopper). 29. Tag Axle Steerable 4th axle without tires or wheels. 30. Sian Frames • Made to fit customer's specifications. ESTIMATED BODY WEIGHT 31. Note Options may affect total body weight. 32. Body Weight 12,800 lbs. 33. Automatic Arm AMREP, Inc. design. 34. Reach Up to 112" from side of body to center of can. • 35. Cal2aci Up to 2,000#. 51 36. Hydraulic Motor Charlynn. • 37. Cain Not "fork lift" type. 38. Adal2tability 30-60-90-100 gallon on standard "Grabber" round or rectangular. Dump cans from farthest reach without returning to body. 300 gallon optional. 39. Body Design To maximize front axle loading for California's and other "bridge formula" states plus better distribution of load and body for truck component safety and life. CHASSIS 40. Frame & Equipment 10-3/4" STL Rails/STL Xmbrs to 305" EOF Square W/O Xmbr Rear MDFLPS/HNGR None Furnished • PBILT Front Wheel Mudflaps (1) Front Tow Eye W/Pin 41. Front Axle & Equipment Rockwell FL941 18,000-20,000 lbs. Split PROG SPRGS 23,000 lbs. Power Steering TRW HFB70 W/Assist Iron Hbs /Cast Drms/16.5x6 Cam Brks C/Rawhide Oil Seals Scotseal Eaton Auto SLK ADJ Power Steering Oil Cooler 42. Rear Axle & Equipment Eaton 26121 26,000 lbs. Rockwell TR8000 Tag Axle Iron Hbs /Cast Drms/16.5x7 Cam Brks. Iron Hbs /Cast Drms/16.5x7 Cam Brks. MGM 3030" Park Brks SGL Axle MGM 30" Park Brks TAG/Pusher • Eaton Auto SLK ADJ Eaton Auto SLK ADJ C/Rawhide Oil Seals Scotseal C/Rawhide Oil Seals Scotseal Eaton ES Refuse Service 16.50 Cam Brks 52 Ratio 5.43 RR Axle Reyco 102 29,000 lbs. Neway (ART55502) • 43. Engine & Equipment 6CTA8.3 250@2000 250@2200 800@1300 Turbo Heat Shield Delco 100 Amp Alt 21SI Delco 12V Starter 2 Champ PC 31 12V Batteries 1850 CCA Horton Fan Clutch C-Series Cummins 13.2 CFM Air Comp C-Series F/G FS1212 Superfilter FRM MTD Spin-On Water Filter Eng Mtd KYSOR 2-Way Shutdown W/Auto Override Std Core Radiator Air-to-Air Engines Wing Nut Style Mtd Grille DNLDSN 14" Cyclopac A/C Horizntl MTD Restriction Gauge A/C MTD SGL Vertical Exhaust L/H SGL Exhaust Guard Stainless Steel Chrome Exhaust Standpipe(s) SGL WIUMS Air Throttle Delete Std Hand Throttle 44. Transmission & Clutch ZF 5HP500 5 Speed Overdrive 1710 HD Driveline with M/S BRG ZF Auto Nutral Provision Throttle Sensor Guard for ZF Trans 45. Air & Trailer Equipment Bendix AD9 Air Dryer W/Htr Wire Braid Rear Brk Hose Nylon Chass Hose Air System Charge Valve--Schrader Compressor Discharge Line Test Value Flip Valve F&R Ser Brakes Spring Brake Modulator Valve Body 5 Ft Connections 46. Tires & Wheels TP:(4) ALCOA 883110 22.5x8.25 ALM • TP:(4) MN 14PLY 11R22.5 XDHT FF: MN 20 PLY 315/80R22.5 XZY RR: MN 14 PLY 11R22.5 XDHT Rear Tire Quantity -4 53 FF: ALCOA 893000 22.5x9.00 ALM WHL RR: ALCOA 883110 22.5x8.25 ALM WHL Rear Wheel Quantity - 4 • Polished (Alum.) Front Wheels Polished inside (Alum.) Rear Wheels 47. Fuel Tanks & Accessories 23" Alum 50 Gal Fuel Tank LH Boc Fuel Tank Location LH Boc 50 Gal Fuel Draw From Top of (1) Tank 48. Battery Box & Bumper Steel Batt Box Coe Type LH Boc Steel Bumper Channel Chromed 49. Cab & Equipment 53" LCF CAB RH Drive 4.5" Rubber Fenders Installed on Cab Fenders Drvr Nat'l Cush-N-Air Loback Vinyl Air Delete Pass Seat 3-Pt Seat Belt/Shldr Harness Drvr Pass Black Interior Color • Two Inside Sunvisors Engine Tunnel Cover Padded Vinyl 18" Black Strg Wheel Rear Window 1708" Fixed View Window LH Door Roll-down Windows RH & LH Fresh Air Heater W/Integral Windshield (2) Retract 6"x16" Anodized Alum Mirrors One Grover Air Horn 1024 24.5" Chrmed Panasonic AM/FM Stero 7.5W W/2 Spkrs Wheel Well Fenders 4V Extended Step W/Handle LH Extended Step W/Handle RH Back-Up Alarm Wiring to EOF ECCO 630 Back-Up Alarm ECCO RMS-1000 Reverse Motion Sender Temp Gauge Trans Main Oil ZF Auto Trans Temp Gauge Water Oil Pressure Gauge Engine Air Pressure Gauge Dual Fuel Level Gauge Warning Light/Low Air Pressure WBuzzer . TACH Dixon Elec 0-3000 RPM TACHGPH ARGO TC01310-2 Elec 0-80 MPH/ Voltmeter Hourmeter 54 Fan Clutch Override Switch None Furnshd Headlights Dual Rect Non-Halogen Marker Lights (5) Std ICC . None Furnished Stop/Tail/Back-Up Lights Front Surface MTD DIR. Above Headlights FRT Direct Code 8140450 Kysor Solid State HD Flasher 50. Egini (2) Colors on Cab/Hood approved by City. • 55 EXHIBIT F Special Wastes Flammable waste Containerized waste (e.g., a drum, barrel, portable tank, box, pail, etc.) Waste transported in a bulk tanker Liquid waste Sewage sludge Waste from a pollution control process Residue and debris from the cleanup of a spill or release of chemical substances, commercial products or any other special wastes. Contaminated soil, waste, residue, debris, and articles from the cleanup of a site or facility formerly used for the generation, storage, treatment, recycling, reclamation, or disposal of any other special wastes. Dead animals • Manure Waste water Explosive substances Radioactive materials Materials which have been exposed to highly infectious or contagious diseases Hazardous materials 56 cd K � r r ♦ D MJA43EY .� a` w �• l I E. YASE S, E E l � ELWiO a �• OE i 7 EEE 1� yT ""•J"SJE a IIOII�teeWca cn O ►.+� •• •�• pCREEK z •♦ P BLI RIN None. D R%ECVENE Cou it recessed at 7:22 p. to convene the San Juan Capistrano Community Redevelopment A ncy, and reconvened at 8. 0 p.m. as the City Council. ADMINISTRATIVE ITEMS CITY MANAGER --�j� EXTENSION TO THE NOTICING PERIOD AND AUTHORIZATION TO NEGOTIATE REVISIONS TO THE FRANCHISE AGREEMENT FOR SOLID WASTE COLLECTION (SOLAG DISPOSAL) (600.30)(CONTINUF_D FROM JULY 1 1996) T Council Member Jones indicated he would abstain in this matter due to a potential conflict of interest relating to the proximity of his residence/business to the present Solag facility. Written Communication: Report dated September 3, 1996, from Douglas Dumhart, Management Analyst II, recommending approval of Solag Disposal's request that the City grant a 90-day extension to the noticing period for the City's"right to terminate" the franchise agreement. The Report also recommended that during this interim period, staff be authorized to negotiate a ten-year extension of the contract with Solag guaranteeing lower rates for service. Mayor Hart noted the correspondence dated August 29, 1996, from Judith Ware, of Ware Disposal regarding Ware Disposal's request to provide construction and demolition, temporary bin and compactor solid waste services to the City. He requested that City staff meet with Ware Disposal and Mr. Trulis on this matter. Approval of Extension to Noticing Period and Authorization to Negotiate Revisions to Franchise Agement: It was moved by Council Member Nash, seconded by Council Member Swerdlin, to grant the request for a 90-day extension of the noticing period for the City's"right to terminate" the franchise agreement with Solag Disposal to December 31, 1996. Staff was authorized to negotiate a flat ten-year extension of the contract with Solag guaranteeing lower rates for service until 2007, provided the City can achieve a rate lower than $12.98. The motion was carried by a 4-0-1 vote, with Council Member Jones abstaining due to a potential conflict of interest. City Council Minutes -5- 9/3/96 AGENDA ITEM September,/; AGENDA ITEM September 17, 1996 modification in exchange for a franchise term extension of a flat 10 years. At that time, staff had recommended that franchise extension negotiation not be entertained while Solag continued vehicle storage in the Los Rios Historic District. On June 28, 1996 Solag removed storage of their collection trucks from the Los Rios yard. At their July 2, 1996 meeting the City Council again accepted a 90 day extension to the noticing period, to September 4, 1996, so that staff could analyze the proposed rate reductions. BACKGROUND: On May 14, 1996 the City received the final report of the Solid Waste Rate Audit, conducted by Hilton, Famkopf and Hobson(HFH)for the Quad Cities of Dana Point,Laguna Niguel, San Clemente and San Juan Capistrano. The Cities sanctioned the audit to review Solag Disposal's allocation of cost and revenues to each of the Quad Cities, over the most recent 12 month period that had audited financial statements, and evaluate the reasonableness of the expenses and collection fees. The results were previously submitted to City Council. The auditors conclusions were Solag's rates are generally reasonable. This opinion must be caveat by recognizing that an audit only verifies revenues and expenses and is not an indicator of whether an operation is run most efficiently. RESIDENTIAL RATES Solag has offered a$12.98 bid to the City of Lake Forest for a citywide automated three can system. In the City of Laguna Hills, Solag provides a citywide three can system for$12.00. In the City of Mission Viejo their current rate by a competing firm is $12.64 for a curbside program that includes greenwaste and recyclable collection. The City of San Juan Capistrano has a variable rate structure which provides economic incentives to the generator to reduce the amount of waste disposed. With volume pricing the City has some of the highest, yet also some of the lowest rates in the County. When analyzing the rate for our City it is necessary to calculate the aggregate rate for the City as a whole for comparison purposes. Below is a breakdown of the City's current rate. Current 1996 Rate No. of Homes Proeram Rate Revenue 1412 2(35)GALLON 11.91 $16,816.92 2890 2(67)GALLON 13.53 $39,101.70 3764 3(67)GALLON 16.12 $60,675.68 8066 $116,594.30 $116,594.30/ 8066 = $14.45 aggregate rate 2 • AGENDA ITEM September 17, 1996 A breakdown of the rate proposal in Solag Disposal's letter dated May 28, 1996, reveals $13.68 aggregate rate. The following depicts this analysis: Sola 's Proposal Rate No. of Homes ProQr Rate Revenue 1412 2(35)GALLON 11.79 $16,647.48 2890 2(67)GALLON 12.98 $37,512.20 3764 3(67)GALLON 14.94 $56.234.16 8066 $110,393.84 $110,393.84 / 8066 = $13.68 aggregate rate Solag Disposal is proposing a rate reduction in exchange for an extension of their Franchise Agreement to a flat 10 years. If under the best scenario: the City were to terminate the existing Franchise keeping the existing rates for the next four years and received a competitive bid similar to Laguna Hills of$12.00 thereafter, the following would represent an aggregate rate for an equivalent 10 year period. Current Aggregate Rate (4 years) Competative Aggregate Rate (6 years) $14.45 $12.00 x-48 Mo. x-72 Mo. 693.60 + 864.00 = 1557.6 1557.60 / 120 Mo. (10 years) _$12.98 Aggregate rate Based on the above models staff would recommend supporting negotiations for a 10 year extension if the aggregate rate for the term was lower than$12.98. The rate proposed by Solag Disposal in their May 28, 1996 letter has an aggregate of$13.68 however, further discussions with Solag Disposal has indicated that such a rate could be achieved. If the City can achieve a lower rate for the cost of service over the next ten years without going to bid , it is best to negotiate the requested extension. A negotiated service extension would avoid potential disruption in service. Solag has for many years consistently provided good service and can be expected to do so in future years. Should the City have a change in the solid waste collection company as a result of a competitive bid process, there maybe some what of a painful transition process to the new company and some level of service disruption during the transition. Additionally, the proposal is for a flat 10 year extension which guarantees a competitive process in the year 2007. 3 AGENDA ITEM September 17, 1996 Staff is seeking authorization from the City Council to negotiate a revised agreement with the above understanding. Further, staff proposes that such negotiations include discussions of commercial and temporary/roll-off rates as well. It is expected that the negotiation process will take 3-4 months. For that reason staff has requested Solag provide the City with another extension to the noticing period to the end of the year. This will protect the June 31, 2000 termination date should negotiations fail to result in an acceptable conclusion. Solag has agreed and attached is their letter agreeing to the extension of the noticing period. FINANCIAL CONSIDERATIONS: It is important to understand that the service rate is comprised of three components: Base Fee + Disposal Fee +Franchise Fee=Total Rate. The purpose of having three components is so that periodic rate adjustments correspond as closely as possible to the actual changes in Solag's operating cost. The base fee is adjusted to the annual change in the Consumer Price Index, the disposal fee is adjusted according to change in landfill tipping fees, and the franchise fee is adjusted to equal 5% of the base fee. Franchise fees are placed in the General Fund to offset expenses associated with the wear and tear on the City's infrastructure due to managing municipal solid waste. The lower the billing rate the less franchise fees the City receives. NOTIFICATION: Jim Koutroulis, Solag Disposal William O. Talley, Talley and Associates Morton August, City of Dana Point Louis Thompson, City of San Clemente ALTERNATE ACTIONS: 1. By motion, approve an extension of the noticing period and authorization to negotiate revisions to the Franchise Agreement for Solid Waste Collection. 2. By motion, approve written notice to terminate the contractor's right to exercise its option for an annual extension of the agreement. 3. By motion, receive this report and take no action to exercise option to terminate roll-over provision at this time. 4. By motion, receive this report and refer to staff for more information. 4 AGENDA ITEM September 17, 1996 RECOMMENDATION: By motion, approve an extension of the noticing period and authorization to negotiate revisions to the Franchise Agreement for Solid Waste Collection. Respectfully submitted, Z�- aO4� Douglas D. Dumhart Management Analyst II Attachment: Solag's letter dated August 23, 1996 cAagendm\1996\9-3rate.neg 5 The motion carried by the following vote: AYES: Council M ers Campbell, Jones, Swerdlin, and Mayor Hart NOES: N e ABSE Council Member Nash VE RECESS &X CONWNE Cound ecessed at 7:37 p.m. to convene the San Juan Capistrano Community Redevelopment A cy, and reconvened at 7:42 p.m. as the City Council. ADMINISTR AT__IVF. ITEMS CITY MANAGER 1. NOTICE TO TERMINATE ROLLOVER OPTION- FR AN HISE AGREEhgza FOR SOLID WASTE COLLECTION (SOLAG DISPOSAL) (00,N) On advice from the City Attorney, Council Member Jones indicated he would abstain in this matter because his residencetbusiness is located within 200 feet of the Solag facility. Mr. Denhalter stated he based his advice on the significant issue of Solag's relocation. Written Communications: (1) Report dated July 2, 1996, from Douglas Dumhart, Management Analyst II, recommending that a written notice to terminate the contractor's right to exercise its option for an annual extension of the contract with Solag Disposal be approved. (2) Letter dated July 2, 1996, from James Koutroulis, President of Solag Disposal, agreeing to extend the written notice provision granting the City's right to terminate the rollover option until September 4, 1996. (3) Letter dated July 1, 1996, from Robert J. Cole, Division President of Waste Management of Orange County, Inc., in support of the notice to terminate the rollover option and requesting that the City's contract with Solag terminate on June 30, 2000. (3) Letter received by the City on July 2, 1996, from Lauren Horn expressing her dissatisfaction with Solag Disposal's high monthly rates, limitation on the quantity of trash that can be picked up, and lack of extra pickup days. Douglas Dumhart, Management Analyst 11, noted that this item was a continuation from March 19, 1996. At that time the City was in the process of completing a rate audit of the franchise waste hauler and a 90-day extension had been provided by Solag so that the result City Council Minutes -7- 7/2/96 of the audit could be considered. In response to the audit, Solag Disposal offered a revised rate in exchange for certain franchise modifications; i.e., the ability to commingle loads, deletion of vehicle age specifications, and a flat 10-year term. Staff took the position that no extension of the term would be considered until Solag made efforts to relocate storage of the its commercial collection vehicles from the Los Rios Historic District by July 1, 1996. Mr. Dumhart advised that Solag Disposal had accomplished the relocation as of June 28, 1996. However, since the matter had been unresolved until June 28th, staff had not analyzed the proposed rate modifications. He noted that Solag Disposal had again provided another 90- day extension so staff could analyze the proposed rates. He recommended that the written notice be accepted, to extend the roll-over notification provision until September 4, 1996, and that staff be directed to return with an analysis of the rate proposal. Public Comments: (1) Bill Talley, 30442 Via Cantabria, of Talley & Associates, noted that although he provides service to various cities, he was speaking only as a resident. He emphasized that his wife does not work for Waste Management nor does he work for anyone in Waste Management in the City of Santa Ana. He concurred with the revised staff recommendation and urged that the City request Solag to submit a competitive rate schedule that would be more in line with residential and commercial rates in other South County cities, such as those in the City of Laguna Hills. He noted that Solag's bid should reflect that the trash containers are not new. He noted Solag's proposed change in the life of the trucks from seven to fourteen years and recommended that the City determine how old the trucks should be. (2) Tom Facon, 32901 Avenida Descanso, Executive Director of the Chamber of Commerce, commended the excellent service provided by Solag over the years and Mr. Trulis' service to the community. (3) Tom Trulis, 32141 Cook Lane, owner of Solag disposal, responded to Mr. Talley's comments, stating that the trash rates for San Juan Capistrano, Laguna Hills, and other cities cannot be compared because of differences with production of trash, the amount of trash, etc. He noted that some residents in San Juan Capistrano have lower trash rates than Laguna Hills' and that some 15-20 year contracts for other cities have much higher rates than San Juan Capistrano. He indicated his willingness to negotiate with the City to continue his operation and felt he could save the City close to $1 million over the next ten years. Mayor Hart noted that a contract with Solag was not being negotiated at this time,just the roll-over provisions for future negotiations. ,approval to Extend Written Notice to Terminate Rollover Option: It was moved by Council Member Campbell, seconded by Council Member Swerdlin, that the written notice provision be extended until September 4, 1996, to permit staff additional time to analyze Solag's rate proposal. The motion was carried by a 3-0-1-1 vote, with Council Member Jones abstaining and Council Member Nash absent. City Council Minute. -8- 7/7/96 AGENDA ITEM July 211996 TO: George Scarborough, City Manager FROM: Douglas D. Dumhart, Management Analyst II SUBJECT: Consideration of notice to terminate roll-over option of Franchise Agreement for Solid Waste Collection. RECOMMENDATION: By motion, approve written notice to terminate the contractor's right to exercise its option for an annual extension of the agreement and direct City Manager to execute appropriate notice. SUMMARY: On August 18, 1992,the city entered into an exclusive Franchise Agreement with Solag Disposal for the collection, transportation, recycling, composting, and disposal of all municipal solid waste including temporary bin and roll-off services. The City of San Juan Capistrano along with the Cities of Dana Point, Laguna Niguel, and San Clemente also entered into similar agreements with Solag Disposal to implement recycling programs to comply with State Recycling Mandates. Those negotiations for increased services resulted in a new agreement with an initial seven(7) year term in order to adequately capitalize the new equipment to provide these services. Commencing July 1, 1996,and every year thereafter,an automatic one year extension is applied to the agreement so that the term remains five (5) years. This roll-over provision can be terminated by providing the contractor with written notice ninety (90) days prior to July 1, 1996. It is important to note that, in taking the recommended action,the City Council is merely exercising its option as provided for in the Franchise Agreement; and would not by its action be making a finding regarding the level and adequacy of services provided by the contractor pursuant to the Franchise Agreement.To enable a future City Council the maximum flexibility in meeting the City's needs for municipal solid waste handling services, that the present City Council would need to exercise its option to terminate the automatic roll-over provision of the Franchise Agreement. Sotag Disposal forwarded a letter dated March 4, 1996, granting the City a ninety day extension to the noticing period. The grant of extension was to allow the City and waste hauler to review the results of a rate audit that were being conducted at that time. At the March 19, 1996 City Council meeting the council agreed to an extension of the noticing period to July 5, 1996. On May 28, 1996, the City received a letter from Solag Disposal proposing rate modification in exchange for a 1 FOR CITY COUNCIL AGEN ( Q AGENDA ITEM July 2, 1996 franchise term extension of 10 years. At this time staff is recommending City Council approve the termination of the automatic annual review. Staff is recommending that franchise extension negotiation not be entertained while the haulers' operations continue in the Los Rios Historic District. BACKGROUND: On May 14, 1996 the City received the final report of the Solid Waste Rate Audit, conducted by Hilton, Farnkopf and Hobson (HFH) for the Quad Cities of Dana Point, Laguna Niguel, San Clemente and San Juan Capistrano. The Cities sanctioned the audit to review Solag Disposal's allocation of cost and revenues to each of the Quad Cities, over the most recent 12 month period that had audited financial statements,and evaluate the reasonableness of the expenses and collection fees. It is important to understand that the service rate is comprised of three components: Base Fee + Disposal Fee + Franchise Fee = Total Rate. The purpose of having three components is so that periodic rate adjustments correspond as closely as possible to the actual changes in Solag's operating cost. The base fee is adjusted to the annual change in the Consumer Price Index, the disposal fee is adjusted according to change in landfill tipping fees,and the franchise fee is adjusted to equal 5% of the base fee. Overall, the auditors believe Solag's rates are generally reasonable. As staff had suspected the revenue generated by the disposal fee was found to be greater than the Company's disposal expense. Accordingly the base fee is understated and does not cover the company's costs however, these losses are offset by the excess disposal revenue which makes the total rate appear reasonable. This fact must be caveat by recognizing that an audit only verifies revenues and expenses and is not an indicator of whether an operation is run efficiently. On May 28, 1996 the City received a letter from Solag Disposal proposing rate modification in exchange for a franchise term extension of 10 years. The letter has been provided as Attachment A of this report. Staff has reviewed the proposed rate reductions but is recommending that franchise extension negotiations not be entertained while the haulers operations continue in the Los Rios Historic District. Because the noticing period will expire July 5, 1996, and that no noticing constitutes approval of the roll-over granting an additional year to the contract, staff is recommending City council provide notice to terminate the roll-over provision. The San Juan Capistrano Municipal Code Title 6, Chapter 3, Section 4 authorizes the City to enter a contract providing exclusive solid waste handling services within the City on whatever terms the City considers appropriate. San Juan Capistrano currently franchises its solid waste collection services. Under traditional municipal police powers (California Constitution Article XI, §7), Cities such as San Juan Capistrano are empowered, in order to protect the public health, to regulate the collection of garbage and other refuse. The City's powers to remove garbage and refuse arise from 2 0 AGENDA ITEM July 2, 1996 the State legislatures' recognition that failure to uniformly address this problem would result in a menace and danger to the health and welfare of the people of the whole state. The effect of the provision in Section 5 of the City's Franchise Agreement is to allow the contractor a five year"rolling"term that could continue indefinitely. This five year term presumably enables the contractor to adequately project expected revenues, and afford them the ability to capitalize any major expenses such as replacement of trucks and containers. By exercising the option to terminate the roll-over, the City would end Solag Disposal's ability to seek "automatic" extension of the Franchise Agreement and establish a date certain of June 30, 2000, for ending this agreement. Below are the advantages and disadvantages of exercising the option to terminate the roll-over provision: PRO ► City Council in Fiscal Year 1999-2000 will have maximum flexibility in setting type and level of desired Solid Waste and Recycling Services for Fiscal Year 2000-2001 and subsequent year(s). ► City Council in Fiscal Year 1999-2000 will have maximum flexibility in obtaining service provider(s) for desired Solid Waste and Recycling services for Fiscal Year 2000-2001 and subsequent year(s). ► A competitive bid process in the fiscal year 1999-2000 will ensure the best price for the customer. ► Current hauler would have incentive to enhance service levels in hopes of renegotiating a new contract when current agreement expires. CON ► Lose "guarantee" of service levels and rates contained in current Franchise Agreement. ► May provide disincentive to current service provider to provide more than basic service in Franchise Agreement. ► May make it difficult to negotiate service or rate modification throughout remainder of Franchise Agreement. 3 AGENDA ITEM July 2, 1996 COMMITTEE/COMMISSION AND BOARD REVIEW Not applicable. FINANCIAL CONSIDERATIONS: There is no immediate or near term fiscal impact. Any fiscal impact, if any, will likely remain indeterminate until 2000. NOTIFICATION: Solag Disposal William O. Talley ALTERNATE ACTIONS: 1. By motion, approve written notice to terminate the contractor's right to exercise its option for an annual extension of the agreement. 2. By motion, receive this report and take no action to exercise option to terminate roll-over provision at this time. 3. By motion, receive this report and refer to staff for more information. RECOMMENDATION: By motion, approve notice to terminate the contractor's right to exercise its option for an annual extension of the agreement. RRe/esp��ectfully submitted, v ����� Douglas D. Dumhart Management Analyst II Attachment A: Solag Disposal letter dated May 28, 1996 cAagenda\6-17roll.ovr 4 Refuse Companies ► SAN CLEMENTE COMMERCIAL ► Commercial Industrial Residential Complete rubbish removal service ► Storage boxes ► Rent-a-bins ► Construction Boxes May 28, 1996 George Scarborough City Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92629 RE: Solid Waste and Recycling Agreement Dear Mr. Scarborough, Solag Disposal is proposing new rates with modifications to the franchise agreement which will benefit the Residents of San Juan Capistrano and Solag Disposal. Solag Disposal is proposing the following option to the present variable rate structure for the City of San Juan Capistrano: Current rate is as follows: (2)35 gallon rate (2)67 gallon rate (3)67 gallon rate $11.91 $13.53 $16.12 The aggregate rate(the average of 35 gal&67 gal)calculates to$14.62 per resident. Proposed rate is as follows: (2)35 gallon rate (2)67 gallon rate (3)67 gallon rate $11.79 $12.98 $14.94 The aggregate rate(the average of 35 gal&67 gal)calculates to$13.81 per resident. In order to accomplish the new proposed rate the following modifications of the franchise agreement are required. This would accomplish a substantial rate savings for the residents of San Juan Capistrano: 1. Modify Section 6 A(1),which would give Solag the ability to commingle loads and increase route efficiency. 2. Delete Section 8 A(1),pertaining to the age specification of vehicles. All Solag Disposal vehicles are inspected by the California Highway Patrol and monitored through the California BTT program. 27372 Calle Arroyo,San Juan Capistrano,CA 92675 P.O.Box 1100,San Juan Capistrano,CA 92693 Telephone 714240-0446 ► Fax 714.240.0195 3. Modify Section 5,Term,change to a flat ten(10)years,which will provide the ability to refinance our present equipment over a longer term. In summary the new proposed rates will provide the following savings to residents over a ten year period: PROPOSED RATE SAVINGS- S 784,000.00 Solag is available to address any questions or any concerns. Since Thomas Trulis 0 ADMINISTRATIVE ITEMS (CONTINUED) • CITY MANAGER —� 2. APPROVAL OF REQUEST FOR 90-DAY EXTENSION OF WRITTEN NOTICE TO TERMINATE ROLL-OVER OF FRANCHISE AGREEMENT FOR SOLID WASTE COLLECTION (SOLAG DISPOSAL) (600, 01 Written Communications: Report dated March 19, 1996, from the Management Analyst II, advising that on August 18, 1992, the City entered into an exclusive Franchise Agreement with Solag Disposal. The agreement had an initial term of seven years. Commencing July 1, 1996, and every year thereafter, an automatic one-year extension could be applied to the agreement so that the term remained five years. The agreement allowed for this roll-over provision to be terminated by providing the contractor with a written notice 90 days prior to July 1, 1996. The Report included a letter dated March 4, 1996, from Solag Disposal, requesting a 90-day extension, to July 5, 1995, of the City's right to terminate the automatic roll-over provisions so that the City and Solag Disposal would have adequate time to review the result of a rate audit currently being conducted. The Report further advised that accepting the extension would not compromise the City's ability to evoke the termination clause; which if evoked, would establish an Agreement termination date of June 30, 2000. Public Comment: • (1) Bill Talley, 30442 Via Cantabria, San Juan Capistrano spoke in favor of the staff recommendation. He stated that of the 12 automated cities, San Juan Capistrano had the highest rate. He felt that since Solag Disposal had bid $12 per month in Laguna Hills for automated trash collection, any other figure proposed to San Juan Capistrano through the audit presently underway would be suspect. (2) Thomas Tmlis, 32141 Cook Lane,wished to make Council aware that Mr. Talley was in the employment of Waste Management, Inc. He felt that the audit would show ways to save money;however, rates for cities had to take into consideration individual circumstances and could not be compared straight across. Approval of Request for Extension of Termination Notice Provisions_ It was moved by Council Member Campbell, seconded by Council Member Swerdlin, and unanimously carried to approve a 90-day extension, to July 5, 1996, of Section 5 of the Agreement regarding the City's right to provide 90-day written notice to terminate the contractor's right to exercise the one-year extension option. • City Council Minutes -15- 03/19/96 AGENDA ITEM March 19, 1996 TO: George Scarborough, City Manager FROM: Douglas D. Dumhart, Management Analyst II SUBJECT: Consideration of notice to terminate roll-over option of Franchise Agreement for Solid Waste Collection. RECOMMENDATION: By motion, agree to the request by Solag Disposal for a ninety day extension(July 5, 1996) to the written notice to terminate the contractor's right to exercise its option for a one year extension of the agreement. SUMMARY: On August 18, 1992, the city entered into an exclusive Franchise Agreement with Solag Disposal for the collection, transportation, recycling, composting, and disposal of all municipal solid waste including temporary bin and roll-off services. The City of San Juan Capistrano along with the Cities of Dana Point, Laguna Niguel, and San Clemente also entered into similar agreements with Solag Disposal to implement recycling programs to comply with State Recycling Mandates. Those negotiations for increased services resulted in a new agreement with an initial seven (7) year term in order to adequately capitalize the new equipment to provide these services. Commencing July 1, 1996, and every year thereafter, an automatic one year extension is applied to the agreement so that the term remains five (5) years. This roll-over provision can be terminated by providing the contractor with written notice ninety(90) days prior to July 1, 1996. It is important to note that, in taking the recommended action, the City Council is merely exercising its option as provided for in the Franchise Agreement; and would not by its action be making a finding regarding the level and adequacy of services provided by the contractor pursuant to the Franchise Agreement. To enable a future City Council the maximum flexibility in meeting the City's needs for municipal solid waste handling services, that the present City Council would need to exercise its option to terminate the automatic roll-over provision of the Franchise Agreement. Solag Disposal has forwarded a letter dated March 4, 1996, granting the City a ninety day extension to our noticing period. The letter has been provided as attachment A to this report. The grant of extension is to allow the City and waste hauler to review the results of a rate audit currently being conducted. Accepting the extension still provides the City with the opportunity to consider this item and not compromise any time delays to the ultimate sunset date should termination be evoked. Therefore staff is recommending City Council agree to the extension of the noticing period to July 5, 1996. FOR CITY COUNCIL AGE /1—b • Agenda Item -2- March 19, 1996 BACKGROUND: The San Juan Capistrano Municipal Code Title 6, Chapter 3, Section 4 authorizes the City to enter a contract providing exclusive solid waste handling services within the City on whatever terms the City considers appropriate. San Juan Capistrano currently franchises its solid waste collection services. Under traditional municipal police powers (California Constitution Article XI, §7), Cities such as San Juan Capistrano are empowered, in order to protect the public health, to regulate the collection of garbage and other refuse. The City's powers to remove garbage and refuse arise from the State legislatures' recognition that failure to uniformly address this problem would result in a menace and danger to the health and welfare of the people of the whole state. A Franchise is a special privilege conferred upon a corporation or individual by a government duly empowered to legally grant it. A franchise is both a property right and a contract. It is assignable and transferable, and indicates some degree of permanence and stability. Upon acceptance, a franchise becomes a binding contract between the parties, and is protected from impairments. The City may prescribe terms and conditions for the use of a franchise, but the power to condition is generally established and limited by statute or court decision. The effect of the provision in Section 5 of the City's Franchise Agreement is to allow the contractor a five year"rolling" term that could continue indefinitely. This five year term presumably enables the contractor to adequately project expected revenues, and afford them the ability to capitalize any major expenses such as replacement of trucks and containers. By exercising the option to terminate the roll- over, the City would end Solag Disposal's ability to seek "automatic" extension of the Franchise Agreement and establish a date certain of June 30, 2000, for ending this agreement. Below are the advantages and disadvantages of exercising the option to terminate the roll-over provision: PRO ► City Council in Fiscal Year 1999-2000 will have maximum flexibility in setting type and level of desired Solid Waste and Recycling Services for Fiscal Year 2000-2001 and subsequent year(s). ► City Council in Fiscal Year 1999-2000 will have maximum flexibility in obtaining service provider(s) for desired Solid Waste and Recycling services for Fiscal Year 2000-2001 and subsequent year(s). ► Current hauler would have incentive to enhance service levels in hopes of renegotiating a new contract when current agreement expires. Agenda Item -3- March 19, 1996 CON ► Lose "guarantee" of service levels and rates contained in current Franchise Agreement. ► May provide disincentive to current service provider to provide more than basic service in Franchise Agreement. ► May make it difficult to negotiate service or rate modification throughout remainder of Franchise Agreement. COMMITTEE/COMMISSION AND BOARD REVIEW: Not applicable. FINANCIAL CONSIDERATIONS: There is no immediate or near term fiscal impact. Any fiscal impact, if any, will likely remain indeterminate until 2000. NOTIFICATION: Solag Disposal City of Dana Point City of Laguna Niguel City of San Clemente ALTERNATE ACTIONS: 1. By motion, agree to request by Solag Disposal for a ninety day extension (July 5, 1996) to provide written notice to terminate the contractor's right to exercise its option for a one year extension of the agreement. 2. By motion, receive this report and exercise option to terminate roll-over provision at this time. 3. By motion, receive this report and take no action to exercise option to terminate roll-over provision at this time. 4. By motion, receive this report and refer to staff for more information. Agenda Item -4- March 19, 1996 RECOMMENDATION: By motion, agree to request by Solag Disposal for a ninety day extension (July 5,1996) to provide written notice to terminate the contractor's right to exercise its option for a one year extension of the agreement. Respectfully submitttee'd, /J Douglas D. Dumhart Management Analyst II Attachment A: Solag Disposal letter dated March 4, 1996 c:\agmda \3-19rollow Refuse Companies ► SAN CLEMENTE COMMERCIAL ► Commercial-Industrial-Residential Complete rubbish removal service ► Storage boxes ► Renta-bins ► Construction Boxes March 4, 1996 George Scarborough City Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 RE: Integrated Solid Waste Collection Agreement Temporary adjustment of Terms of Extension Dear Mr. Scarborough: There have been questions on the difference in the rates of the City of Laguna Hills and The City San Juan Capistrano. I would like to bring to your attention of the different conditions and factors that effected the Laguna Hills rate. As you are aware that Solag Disposal is constructing a new yard with a recycling transfer station. Currently our packer trucks spend three to four hours traveling to the recycling facility in Stanton. The construction of the transfer facility will produce a savings of approximately three and half to four hours per day per recycling truck. This should reduce the need of five to six trucks to haul the recycling material to Stanton. Half of the excess trucks produced due to the building of the transfer station will be put into service in the City of Laguna Hills. The Laguna Hills Franchise provides for a ten year term contract. The length of a ten (10) year contract has afforded us the ability to refinance the present excess trucks with a longer finance period for both the trucks and containers. 27372 Calle Arroyo,San Juan Capistrano,CA 92675 MAR 0 51996 P.O.Box 1100,San Juan Capistrano,CA 92693 AttaChm•nt A Telephone 714.240.0446 0' Fax 714240-0195 • The City of Laguna Hills is ideal for automated trash and recycling service, very condensed and no restrictive areas. Due to these factors the routing is much higher and the city can be done within one route. A map is included which indicates the high density of the residential and commercial accounts. The past three years of automated program operation have provided a solid basis of knowledge. In addition, Solag Disposal believes that the Quad Cities audit which is now underway will substantiate the basis of the current automated rates. SOLAG Disposal, believes this is an appropriate time to discuss the potential for a re-negotiated agreement which would achieve significant immediate savings over current rates while also allowing for long-term rate stabilization. SOLAG Disposal is anxious to initiate discussion in connection with this proposal. To that end, we request that the upcoming review period be extend per Section 5 "Term Extension" for ninety days (90) granting the City's right to terminate through to July 5, 1996. This time extension should provide the time necessary to explore all rate options for the City. Respectfully, James Koutroulis a Agency Chairman and resolution to the satisfaction of the Agency the issue of the parking easement for reservation of parking rights. Mr. Denhalter advised that the residential and business properties within ,500 feet of this project owned by three of the Council members would not be financially imp cted by the sale of these properties because there was no changes pr/aan n the uses. There re, he felt there would be no conflict of interest for any of the Council minvolved. Public Hearin¢: Notice having been given as required by lawones ope ed the Public Hearing and there being no response, closed the hearing with the riopen a any time. Council Discussion: Councilmen Friess, Vasquez, and Mayor Jn rred with Mr. Denhalter's opinion regarding potential conflicts of interest and stated theyto in the matter. Councilman Vasquez expressed concern that the parking easement be incluhe negotiated sale price and not be sold back to the Agency for the proposed realignment oHighway at a future date. R lu i n A r vin Dis i i n n D vA n : It was moved by Councilman Hausdor r, seconded by Councilman Friess, that the following Resolution be adopted, subject to co lesion of the Real Estate Disclosure Statement prior to execution by the Agency Chairman a resolution of the parking easement rights issue: RESOLUTI N NO. 92-8-18-8. APPROVING DISPOSITION AN DEVELOPMENT AGRtEMENT FOR THE SALE OF PROPERTY LOCATED AT 31782-31786 CA APISTRANO TO RALPH A.FURRA (SWALLOWS INN) - A RESOL ION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPIST O, CALIFORNIA, APPROVING THE DISPOSITION AND DEVELOPMEr AGREEMENT FOR CERTAIN PROPERTY WITHIN THE SAN JUAN ISTRANO CENTRAL REDEVELOPMENT PROJECT AREA TO RALP A. FURRA (SWALLOWS INN) The motion carr' d by the following vote: A Councilmen Friess, Harris, Hausdorfer, Vasquez, and Mayor Jones OES: None ABSENT: None RERECONVENE Co recessed at 9:30 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and rec vend at 10:55 p.m. ADMINL4TRATIVE ITEMS CITY MANAGER 1. EXPANDED CrrYWIDE RESIDENTIAL CURBSIDE RECYCLING fSOLAG DISPOSAL COMPA (6m.30) This item was continued from the meeting of July 7, 1992. -16- 8/18/92 Written Communication: Report dated August 18, 1992, from Douglas D. Dumhart, Management Assistant I, recommending that the Council approve a seven-year Exclusive Franchise Agreement with Solag Disposal Company and CR&R Incorporated(dba South Orange County Environmental)for the collection,transportation, recycling,composting,and disposal of all solid waste;and, for providing temporary bin/rolloff services. Total cost for the project is estimated at $1,647,960. Discussion Re: Potential Conflicts of Interest: Mr. Denhalter noted that four of the Council members (excluding Councilman Hausdorfer) have properties within 2,500 feet of the Solag Disposal site, which could constitute a conflict of interest. The Fair Political Practices Commission is currently awaiting receipt of the four property appraisals by Parkcenter Realty Advisers, as approved at the Council meeting of July 21, 1992, before a final determination is made. He suggested that the "Rule of Necessity" be considered in order to have a quorum to vote on this issue if it was deemed to be urgent. Mr. Dumhart advised that the matter should be considered urgent and noted that residents have expressed concerns to the City regarding the delays in this matter. Councilmen Friess and Vasquez stated they would vote in this matter since they did not feel the outcome would have a significant financial impact on their properties. Mayor Jones advised that because his property adjoins the Solag site, he would abstain in this matter. Mayor pro tem Friess presided. Staff Presentation: Mr. Dumbart presented the staff report and gave a slide presentation of the proposed recycling program. He recommended that the proposed contract be amended to delete CR&R Incorporated, as requested by Solag Disposal. He noted that the new recycling program, if approved, is anticipated to begin by January 1, 1993. Councilman Vasquez recommended that the City continue to negotiate with Solag to obtain the best price for the services and stated he would not support the contract because he felt the franchise should go out to bid to obtain competitive prices. Mr. Dumhart noted that staff conducted a cost comparison study with other cities for similar services,which concluded that the proposed rates were competitive. He also noted that the Cities of Dana Point and Laguna Niguel recently approved contracts at the same rates as proposed but without recycling of green waste. He stated that going out to bid at this time would postpone providing this service to the residents and could inhibit the City's ability to monitor the program before the 1995 deadline. He also noted that Solag's current test recycling program has successfully met the City's needs to date. Mr. Denhalter restated the process used to determine whether potential conflicts exist, noting that the Council Members make their own decision regarding participation on the issues. Mayor Jones reiterated that he would not vote in this matter because he did not want to jeopardize the contract with a challenge to his potential conflict of interest. Resolution Certifvina a Negative Declaration: It was moved by Councilman Hausdorfer, seconded by Councilman Harris, that the following Resolution be adopted: -17- 8/18/92 L RESOLUTION NO. 92-8-18-9. CERTIFYING A NEGATIVE DECLARATION - EXPANSION OF CITYWIDE CURBSIDE RECYCLING, COMPOSTING, AND REFUSE COLLECTION PROGRAM - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CERTIFYING A NEGATIVE DECLARATION FOR THE EXPANSION OF CITYWIDE CURBSIDE RECYCLING, COMPOSTING, AND REFUSE COLLECTION PROGRAM The motion carried by the following vote: AYES: Councilmen Harris, Hausdorfer, and Mayor pro tem Friess NOES: Councilman Vasquez ABSTAIN: Mayor Jones ABSENT: None Approving of Exclusive Franchise Agreement It was moved by Councilman Hausdorfer,seconded by Councilman Harris,that a seven-year Exclusive Franchise Agreement with Solag Disposal Company be approved for the collection, transportation, recycling, composting,and disposal of all solid waste and for providing temporary bin/rolloff services, with the modification that any reference to CR&R Incorporated and South Orange County Environmental be deleted. The motion was carried by the following roll call vote: AYES: Councilmen Harris, Hausdorfer, and Mayor pro tem Friess NOES: Councilman Vasquez ABSTAIN: Mayor Jones ABSENT: None Mayor Jones resumed his duties. D R OF ADMTMSrRATIVE SERVI 1. R 1 A E M DISTRICT 78- P I Written Communication: Report dated August 18, 1992, from the Direc Administrative Services, recommending that the 1992-93 assessment charges for Assessment District Ortega Properties) be confirmed in the amount of$428,006.40. Resolution ConfrminQ Assessment Charges: It was moved by Councilman Hausdorfer, seconded by Councilman Harris, that the following Resolution be adopted: -18- 8/18/92 AGENDA ITEM August 18, 1992 TO: Stephen B. Julian, City Manager FROM: Douglas D. Dumhart, Management Assistant I SUBJECT: Expanded City-Wide Residential Curbside Recycling. RECOMMENDATION: That the City Council by motion: ► Adopt the Resolution certifying the Negative Declaration of Environmental Impact for the expanded recycling services. ► Grant the Exclusive Franchise Agreement to Solag Disposal Company and CR&R Incorporated,dba South Orange County Environmental for the Collection, Transportation,Recycling, Composting and Disposal of All Solid Waste and for Providing Temporary Bin/Rolloff Services. SUMMARY: At its February 4, 1992 meeting, the City Council unanimously approved and authorized staff to negotiate with Solag Disposal Company for expanded City-wide residential curbside recycling services and return to the City Council with an agreement for its approval. Solag Disposal Company, Incorporated, the City's solid waste hauler, has entered into a joint venture with the west coast's largest private recycler, CR&R Incorporated, to offer the expanded solid waste services the City needs to comply with AB 939. The City, by electing to negotiate with its existing solid waste hauler for the recycling services will realize many advantages. Those benefits are: having a program in place much sooner, thereby guaranteeing achievement of the mandated 25% diversion; dealing with a known client with a proven track record; having a common regional program as surrounding jurisdictions that utilize the same service; and less confusion for the general public having to deal with only one firm. Staff has spent the past five months in collective negotiations with Solag Disposal Company and CR&R Incorporated and the South Orange County Cities to develop a common regional program to be administered through identical state-of-the-art solid waste franchise agreements. At this time, staff is recommending that the City Council approve the franchise agreement for comprehensive solid waste services that includes City-wide curbside recycling. FOR CITY COUNCIL AGE16 /�� Agenda Item -2- August 18, 1992 BACKGROUND: Program: During the development of the City's Source Reduction and Recycling Element, it was identified that for the City to meet the ambitious diversion goals as set forth in AB 939, a comprehensive residential recovery program would need to be instituted. Much discussion was devoted to the selection of residential recycling alternatives in the recycling element. It has been determined through the development of this plan that the optimum residential recovery system is the automated commingled system. Automated means mechanized method of collection versus manual. Commingled means all recyclable materials are placed in a single container. All commingled recyclables are then taken to a materials recovery facility where they are separated by material type and prepared for secondary markets. Specialized automated collection containers are used so that they may be picked up by robotic-armed collection trucks. Every residential unit, whether attached-detached or multi-family receiving curbside service, will receive three automated containers: one black for refuse to be landfilled, one blue for recyclables to be recycled, and one green container for yard waste to be composted (see figure 1). In tracts, blocks and areas where an association or district maintains the grounds, those residents will receive only the refuse and recyclable containers (i.e. the Villas). Those residents that need more than the containers supplied will be given additional containers at a per can charge. This variable rate structure provides economic incentives to reduce the amount of waste residents generate. BLACK CAN GREEN CAN BLUE CAN figure 1 This type of program provides for better participation of the public since it is not as cumbersome as the three basket source separated method. This also presents a cleaner appearance in the neighborhoods as everyone will be using a uniform set of containers. The benefits of the automated commingled system goes beyond aesthetics. They will allow the City to capture more materials for recycling and thus increase the diversion rates. The pilot program has been documented to achieve a diversion rate of between 4-9% of the residential waste stream or 2% of the total waste stream. The automated commingled Agenda Item -3- August 18, 1992 system of recycling has a proven diversion rate of 25-27%. In Orange County, the Cities of Anaheim, Brea; Barden Grove, Los Alamitos, Placentia, Stanton and Yorha Linda all utilize the automated commingled system. The introduction of the yard waste container will ensure adequate capacity for our residents from the onset of the program while assisting the City achieve State mandates. State regulations define the term "yard waste" as "any wastes generated from the maintenance or alteration of residential, commercial or public landscapes including, but not limited to,yard clippings, leaves, tree trimmings, prunings, brush and weeds". Since yard c waste represents over a quarter of our 100/a (5 Waste Stream P q (52,000 tom) residential waste stream its diversion is _- 114 necessary for the City to achieve 25% ; a Recyc- diversion of the total waste stream by M • ' ' �i 1995 (see figure 2). 250 Gaut erolYardwaste __4 .' Other benefits of this system are the .,€ 77; reduction of vectors, odors, and litter 50'0 �s because of completely enclosed MX.0 Other containers; a reduction in worker compensation rates and claims because of the reduction in accidents and injuries associated with manual lifting figure 2 versus automated collection; lower cost of collection because more accounts can be serviced with fewer trucks and laborers, and truer weights in the tonnage collected because moisture and rain water are kept out by permanently attached lids thereby reducing landfill tipping fees. Additional Services Provided: Included in the contract is an on-call bulky item pickup. Bulky items are those too large for the collection containers and include, but are not limited to, refrigerators, mattresses, carpets, waterheaters and other items which can be handled by a two man crew. There will be two on-call bulky item pickups per calendar year at no extra cost to the resident. There will be a limitation of two items per on-call pickup. Additionally, because of their size, the contractor will pickup Christmas trees on the first two regularly scheduled pickup days after Christmas Day for composting. Solag Disposal will be required to establish and maintain a 24-hour 800 number to answer citizens inquiries regarding refuse disposal, recycling, and composting. Franchise Aereement: The City of San Juan Capistrano has two collection agreements with Solag Disposal Company. One is for the 1,000 home pilot curbside recycling program; the other is for solid waste collection of all residential, commercial and industrial solid waste. The new franchise agreement (provided as Attachment B in Council packets only, otherwise available for review at the City Clerk's office) supersedes both contracts while combining • Agenda Item -4- August 18, 1992 the services of those contracts. This allows the City to offer a complete program while expanding services to include City-wide residential cl!rhside recycling. Term: Solag Disposal will be incurring extensive capital costs associated with the recycling program. The term of the agreement has a significant impact on their ability to amortize the cost of the collection equipment and vehicles. Staff research has revealed that lenders are only willing to give 84 month notes on this type of equipment. The term proposed for this agreement is an initial seven years, provided however, that when four years are left a one year extension is granted by the City, so that the term of the agreement always remains five years. As structured, this term affords the homeowner the best rate while giving the City the greatest flexibility. COMMISSIONBOARD REVIEW AND RECOMMENDATIONS: On March 10, 1992, the Environmental Review Board issued a negative declaration for the expansion of curbside recycling services and recommended the declaration be forwarded to City Council for certification. Provided as attachment A is the Resolution certifying the Negative Declaration. FINANCIAL CONSIDERATIONS: There are 7,860 residents receiving curbside service. Each of these residents will receive at least two automated collection barrels: one for any and all recyclable materials, the other for refuse and non-recyclable materials. Approximately three-fourths of these residents will receive a third barrel for yard waste which will be composted. Based on these projections and the realization that some large households might require more than one barrel of each type, total Integrated Waste Management System requirements are projected to be 18,000 barrels. The unit cost of each barrel is $48.22, resulting in a total capital cost of $867,960. Since the entire methodology of solid waste handling is changing, the complete collection fleet of trucks now used for residential service will be replaced by brand new "automated" (robotic) type vehicles. As a result of the calculations relative to the equipment needs outlined above, six vehicles will be utilized. Based on the current unit price of this equipment, the total capital required for collection trucks will be $780,000. 0 Agenda Item -5- August 18, 1992 Cost of the Project: The City expects the total cost of the project to be approximately $1,647,960. The following shows the expected cost relating to the project, as estimated by the City: Automated Collection Barrels . . . . . . . . . . $ 867,960 Collection Trucks . . . . . . . . . . . . . . . . . 780.000 Total Project Cost . . . . . . . . . . . . . . $1,647,960 This capital cost amortized over the term of the contract and spread over the number of accounts will result in a $4.22 per month increase to the existing garbage bill from $11.58 to $15.80 for those residents assigned three containers; a$1.67 per month increase to $13.25 for those residents assigned two containers; and a $.18 cent increase to $11.76 for residents in mobile home parks. The new rates will be effective when the new system is implemented around the first of the new year. NOTIFICATION: Solag Disposal Company, Inc. CR&R Inc. ALTERNATE ACTIONS: This agenda item was previously brought before the City Council at their July 7, 1992 meeting. Prior to hearing the item, the City Attorney had informed Mayor Jones and Councilman Vasquez of a potential conflict of interest with respect to participating on this item. Councilman Vasquez requested that the item be continued to allow time for a Fair Political Practices Commission (FPPC) determination on his eligibility to participate. Concerned that the FPPC could take a lengthy time to generate a formal written opinion, the item was tabled for 30 days. A comprehensive package was prepared and mailed to the FPPC one week after the meeting by the City Attorney. Additionally, the services of an appraiser have been retained to provide additional necessary information for the FPPC to prepare an opinion. To date, 42 days since the item was tabled, the appraisals have not been completed and the FPPC has not prepared a response. Below are listed the alternate actions for Council. 1. The City Council may elect to certify the negative declaration for the project and grant the Franchise Agreement. In doing so, it is anticipated that residents may begin receiving curbside recycling services by January 1993. This action also allows the City to have in place the programs necessary for compliance with State mandates for 1995. 0 Agenda Item -6- August 18, 1992 2. The City Council may elect to certify the negative declaration for the project and continue consideration of the Franchise Agreement for such a time as to obtain a written opinion from the FPPC on the councilmembers' ability to participate. The resultant action will further delay the City's ability to deliver recycling services to the community. Electing to delay a decision on the Franchise Contract may also effect the contractor's ability to provide the program at the price before Council at this time. Postponing the approval of the contract negatively impacts the ability of the contractor to purchase the capital equipment and secure financing that has been previously locked in. Finally, further delays in the implementation of the recycling program will hinder our ability to coordinate with neighboring cities and impair monitoring of the program so that adjustments or fine-tuning can occur to insure compliance with the 25% diversion goal. 3. Refer to staff for more information. RECOMMENDATION: That the City Council by motion: ► Adopt the Resolution certifying the Negative Declaration of Environmental Impact for the expanded recycling services. ► Grant the Exclusive Franchise Agreement to Solag Disposal Company and CR&R Incorporated,dba South Orange County Environmental for the Collection, Transportation, Recycling, Composting and Disposal of all Solid Waste and for Providing Temporary Bin/Rolloff Services. Respectfully submitted, ,r A�ZIIVXK?44�14 Douglas D. Dumhart Management Assistant I DDD:dh Attachment • RESOLUTION NO. 92-8-18-9 CERTIFYING A NEGATIVE DECLARATION - EXPANSION OF CITY-WIDE CURBSIDE RECYCLING, COMPOSTING AND REFUSE COLLE N PrR-0—G-RAM A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CERTIFYING A NEGATIVE DECLARATION FOR THE EXPANSION OF CITY-SIDE CURBSIDE RECYCLING, COMPOSTING AND REFUSE COLLECTION PROGRAM WHEREAS, the State Legislature passed Assembly Bills 929 and 2707, which require each city in the State to divert by 25% in 1995, and by 50% in 2000, the amount of solid waste normally disposed in landfills; and, WHEREAS, pursuant to said Bilis, cities are required to prepare and adopt Elements which describe how they will achieve the State-mandated solid waste diversion and reduction goals; and, WHEREAS, the City, on December 3, 1992, adopted its Source Reduction and Recycling Element, which recommends the implementation of residential curbside recycling and composting; and, WHEREAS, the expansion of the City-wide curbside recycling, composting and refuse collection program falls under the definition of a "project" under the California Environmental Quality Act (CEQA) Guidelines Section 15378, requiring compliance with the California Environmental Quality Act; and, WHEREAS, on March 10, 1992, the City of San Juan Capistrano Environmental Review Board considered the findings contained in the initial study for this project and issued a negative declaration. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Juan Capistrano as follows: 1. After reviewing the Initial Study and the proposed Negative Declaration, the City Council as a result of its review of the aforementioned documents, confirms the Environmental Review Board's action to issue a Negative Declaration and authorizes the issuance of a Notice of Determination pursuant to California Environmental Quality Act Guidelines Section 15075 certifying the Negative Declaration. 2. Pursuant to Title 14, California Code of Regulations Section 753.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed Program will have the potential for any adverse affect on wildlife resources to the habitat upon which the wildlife depends. Furthermore, on the basis of substantial evidence, the City Council hereby finds that any presumption of adverse impact has adequately been rebutted. -I- Therefore, pursuant to Fish and Game Code Section 711.2 and Title 14, California Code of Regulations Section 753.5(aX3), the Program is not required to pay Fish and Game Department filing fees. PASSED, APPROVED, AND ADOPTED this 18th day of August , 1992. L O , MAYO ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct py of Resolution No. 92-8-18-9 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 18th day of August , 1992, by the following vote: AYES: Councilmen Friess, Hausdorfer, Harris NOES: Councilman Vasquez ABSTAIN: Mayor Jones ABSENT: (SEAL) s7 CHERYL JOHNSON, ATY CLERK61 -2- The motion carried by t/the ote: AYES: Councilms, Hausdorfer, Vasquez, es NOES: None ABSENT: None The Resolution adoptedng appropriations and authorized expenditureshe Capital Improvement Program: Year Endi Authorized ne 0 Expenditures X993 $5, 162, 242 /1994 2, 750, 600 1995 4,504,700 1996 3, 684, 400 1997 1,322,000 1998 2, 084, 000 1999 2,723 ,000 CES RECOMNE Coun 1 recessed at 8:23 p.m. to convene the San Juan Capistrano Co unity Redevelopment Agency, and reconvened at 8:25 p.m. ADMINISTRATIVE ITEMS CITY MANAGER 1. EXPANDED CITYWIDE RESIDENTIAL CURBSIDE RECYCLING (SOLAG DISPOSAL C C & INCORPORATED) (,§00.20) Written Communications: Report dated July 7, 1992, from Douglas Dumhart, Management Assistant I, recommending that an exclusive seven-year Franchise Agreement between Solag Disposal Company and CR&R, Incorporated, dba South Orange County Environmental, be granted for expanded City-wide residential curbside recycling. The program would include the collection, transportation, recycling, composting, and disposal of all solid waste and for temporary bin/rolloff services. The report also recommended adoption of a resolution certifying the Negative Declaration for environmental impacts for the expanded recycling services. Mayor Jones left the podium due to a conflict of interest and Chairman pro tem Friess presided. -14- 7/7/92 Councilman Vasquez requested a brief meeting with the City Attorney regarding whether or not he should abstain from action on this item due to the proximity of his residence/business to the existing Solag site. Council recessed at 8:25 p.m. , to allow a meeting between Councilman Vasquez and the City Attorney, and reconvened at 8:27 p.m. Councilman Vasquez cited his desire to participate in this decision and for an indication from the Fair Political Practices Commission that he can do so; therefore, he requested that the item be continued to allow time for a Fair Political Practices Commission determination on his eligibility to participate. The City Attorney noted that the concern was a valuation question and the services of an appraiser might be needed. Councilman Hausdorfer recommended that the issue be clarified for the Mayor also and concurred with Councilman Vasquez ' request. In response to the City Attorney, there was a consensus that a formal written opinion be requested. The City Manager recommended that an informal opinion be accepted to determine whether there may be a conflict and to use the informal opinion to provide direction on whether or not to go forward with the matter or wait for written confirmation. Motion to Table Item for 30 Days: It was moved by Councilman Hausdorfer, seconded by Councilman Harris that the item be tabled for a reasonable period of time for receipt of a written response from the Fair Political Practices Commission. Councilman Vasquez requested that the motion be amended to include an appraisal of his property. Mayor pro tem Friess stated he would need to know costs before supporting an appraisal and cited concern with setting a precedent for an appraisal whenever the issue of conflict arises. Councilman Hausdorfer concurred, stating the desire to wait for a response from the Fair Political Practices Commission before approving an appraisal. with the approval of the second, the motion was subsequently amended to table the item for 30 days to allow a response from the Fair Political Practices Commission regarding the eligibility of Councilman Vasquez and Mayor Jones to participate in this decision. The motion carried unanimously. Mayor Jones resumed his duties. -15- 7/7/92 • s AGENDA ITEM July 7, 1992 TO: Stephen B. Julian, City Manager FROM: Douglas D. Dumhart, Management Assistant I SUBJECT: Expanded City-Wide Residential Curbside Recycling, RECOMMENDATION: That the City Council by motion: ► Adopt the Resolution certifying the Negative Declaration of Environmental Impact for the expanded recycling services. ► Grant the Exclusive Franchise Agreement to Solag Disposal Company and CR&R Incorporated,dba South Orange County Environmental for the Collection, Transportation,Recycling, Composting and Disposal of All Solid Waste and for Providing Temporary Bin/Rolloff Services. SUMMARY: At its February 4, 1992 meeting, the City Council unanimously approved and authorized staff to negotiate with Solag Disposal Company for expanded City-wide residential curbside recycling services and return to the City Council with an agreement for its approval. Solag Disposal Company, Incorporated, the City's solid waste hauler, has entered into a joint venture with the west coast's largest private recycler, CR&R Incorporated, to offer the expanded solid waste services the City needs to comply with AB 939. The City, by electing to negotiate with its existing solid waste hauler for the recycling services will realize many advantages. Those benefits are: having a program in place much sooner, thereby guaranteeing achievement of the mandated 25% diversion; dealing with a known client with a proven track record; having a common regional program as surrounding jurisdictions that utilize the same service; and less confusion for the general public having to deal with only one firm. Staff has spent the past five months in collective negotiations with Solag Disposal Company and CR&R Incorporated and the South Orange County Cities to develop a common regional program to be administered through identical state-of-the-art solid waste franchise agreements. At this time, staff is recommending that the City Council approve the franchise agreement for comprehensive solid waste services that includes City-wide curbside recycling. 17013 cl Y COU;�CIL AGEN4 / n Agenda Item -2- July 7, 1992 BACKGROUND: Program: During the development of the City's Source Reduction and Recycling Element, it was identified that for the City to meet the ambitious diversion goals as set forth in AB 939, a comprehensive residential recovery program would need to be instituted, Much discussion was devoted to the selection of residential recycling alternatives in the recycling element. It has been determined through the development of this plan that the optimum residential recovery system is the automated commingled system. Automated means mechanized method of collection versus manual. Commingled means all recyclable materials are placed in a single container. All commingled recyclables are then taken to a materials recovery facility where they are separated by material type and prepared for secondary markets. Specialized automated collection containers are used so that they may be picked up by robotic-armed collection trucks. Every residential unit, whether attached-detached or multi-family receiving curbside service, will receive three automated containers: one black for refuse to be landfilled, one blue for recyclables to be recycled, and one green container for yard waste to be composted (see figure 1). In tracts, blocks and areas where an association or district maintains the grounds, those residents will receive only the refuse and recyclable containers (i.e. the Villas). Those residents that need more than the containers supplied will be given additional containers at a per can charge. This variable rate structure provides economic incentives to reduce the amount of waste residents generate. .i BLACK CAN GREEN CAN BLUE CAN figure 1 This type of program provides for better participation of the public since it is not as cumbersome as the three basket source separated method. This also presents a cleaner appearance in the neighborhoods as everyone will be using a uniform set of containers. The benefits of the automated commingled system goes beyond aesthetics. They will allow the City to capture more materials for recycling and thus increase the diversion rates. The pilot program has been documented to achieve a diversion rate of between 4-9% of the residential waste stream or 2% of the total waste stream. The automated commingled Agenda Item -3- July 7, 1992 system of recycling has a proven diversion rate of 25-27%. In Orange County, the Cities of Anaheim, Brea,Garden Grove, Los Alamitos, Placentia, Stanton and Yorba Linda all utilize the automated commingled system. The introduction of the yard waste container will ensure adequate capacity for our residents from the onset of the program while assisting the City achieve State mandates. State regulations define the term "yard waste" as "any wastes generated from the maintenance or alteration of residential, commercial or public landscapes including, but not limited to, yard clippings, leaves, tree trimmings, prunings, brush and weeds". Since yard waste represents over a quarter of our 1000/6 Stream (52,000 of f Waste to residential waste stream its diversion is necessary for the City to achieve 25% ,b :,g;.i�;:`:; diversion of the total waste stream by t` >z 1995 (see figure 2). _ " ? _4 Other benefits of this system are the reduction of vectors, f odors and litter '' a because of completely enclosed _: t ti „ ays containers; a reduction in worker compensation rates and claims because - of the reduction in accidents and injuries associated with manual lifting versus automated collection; lower cost figure 2 of collection because more accounts can be serviced with fewer trucks and laborers, and truer weights in the tonnage collected because moisture and rain water are kept out by permanently attached lids thereby reducing landfill tipping fees. Additional Services Provided: Included in the contract is an on-call bulky item pickup. Bulky items are those too large for the collection containers and include, but are not limited to, refrigerators, mattresses, carpets, waterheaters and other items which can be handled by a two man crew. There will be two on-call bulky item pickups per calendar year at no extra cost to the resident. There will be a limitation of two items per on-call pickup. Additionally, because of their size, the contractor will pickup Christmas trees on the first two regularly scheduled pickup days after Christmas Day for composting. Solag Disposal will be required to establish and maintain a 24-hour 800 number to answer citizens inquiries regarding refuse disposal, recycling, and composting. Franchise Agreement: The City of San Juan Capistrano has two collection agreements with Solag Disposal Company. One is for the 1,000 home pilot curbside recycling program; the other is for solid waste collection of all residential, commercial and industrial solid waste. The new franchise agreement (provided as Attachment B in Council packets only, otherwise available for review at the City Clerk's office) supersedes both contracts while combining • Agenda Item -4- July 7, 1992 the services of those contracts. This allows the City to offer a complete program while expanding services to include City-wide residential curbside recycling. Term: Solag Disposal will be incurring extensive capital costs associated with the recycling program. The term of the agreement has a significant impact on their ability to amortize the cost of the collection equipment and vehicles. Staff research has revealed that lenders are only willing to give 84 month notes on this type of equipment. The term proposed for this agreement is an initial seven years, provided however, that when four years are left a one year extension is granted by the City, so that the term of the agreement always remains five years. As structured, this term affords the homeowner the best rate while giving the City the greatest flexibility. COMMISSIONBOARD REVIEW AND RECOMMENDATIONS: On March 10, 1992, the Environmental Review Board issued a negative declaration for the expansion of curbside recycling services and recommended the declaration be forwarded to City Council for certification. Provided as attachment A is the Resolution certifying the Negative Declaration. FINANCIAL CONSIDERATIONS: There are 7,860 residents receiving curbside service. Each of these residents will receive at least two automated collection barrels: one for any and all recyclable materials, the other for refuse and non-recyclable materials. Approximately three-fourths of these residents will receive a third barrel for yard waste which will be composted. Based on these projections and the realization that some large households might require more than one barrel of each type, total Integrated Waste Management System requirements are projected to be 18,000 barrels. The unit cost of each barrel is $48.22, resulting in a total capital cost of$867,960. Since the entire methodology of solid waste handling is changing, the `m complete collection fleet of trucks now 1"' used for residential service will be replaced by brand new "automated" ,••• (robotic) type vehicles. As a result of the calculations relative to the equipment needs outlined above, six vehicles will be utilized. Based w, the current unit price of this equipment, the • y total capital required for collection trucks will be $780,000. Agenda Item • -5- July 7, 1992 Cost of the Project: The City expects the total cost of the project to be approximately $1,647,960. The following shows the expected cost relating to the project, as estimated by the City: Automated Collection Barrels . . . . . . . . . . $ 867,960 Collection Trucks . . . . . . . . . . . . . . . . . 780.000 Total Project Cost . . . . . . . . . . . . . . $1,647,960 This capital cost amortized over the term of the contract and spread over the number of accounts will result in a $4.22 per month increase to the existing garbage bill from $11.58 to$15.80 for those residents assigned three containers; a $1.67 per month increase to$13.25 for those residents assigned two containers; and a $.18 cent increase to $11.76 for residents in mobile home parks. The new rates will be effective when the new system is implemented around the first of the new year. NOTIFICATION: Solag Disposal Company, Inc. CR&R Inc. ALTERNATE ACTIONS: 1. Certify the Negative Declaration; Grant the Franchise Agreement. 2. Certify the Negative Declaration; Do not Grant the Franchise Agreement. 3. Refer to staff for more information. RECOMMENDATION: That the City Council by motion: ► Adopt the Resolution certifying the Negative Declaration of Environmental Impact for the expanded recycling services. ► Grant the Exclusive Franchise Agreement to Solag Disposal Company and CR&R Incorporated,dba South Orange County Environmental for the Collection, Transportation, Recycling, Composting and Disposal of all Solid Waste and for Providing Temporary Bin/Rolloff Services. Respectfully submitted, �(. ZKasD. l�®� DougDumhart Management Assistant I DDD:dh Attachment RESOLUTION NO. CERTIFYING A NEGATIVE DECLARATION FOR THE EXPANSION OF CITY-WIDE CURBSIDE RECYCLING, COMPOSTING AND REFUSE COLLECTION PROGRAM A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CERTIFYING A NEGATIVE DECLARATION FOR THE EXPANSION OF CITY-WIDE CURBSIDE RECYCLING,COMPOSTING AND REFUSE COLLECTION PROGRAM WHEREAS, the State Legislature passed Assembly Bills 939 and 2707, which require each city in the State to divert by 25% in 1995, and by 50% in 2000, the amount of solid waste normally disposed in landfills; and, WHEREAS, pursuant to said Bills, cities are required to prepare and adopt Elements which describe how they will achieve the State-mandated solid waste diversion and reduction goals; and, WHEREAS,the City, on December 3, 1991,adopted its Source Reduction and Recycling Element, which recommends the implementation of residential curbside recycling and composting; and, WHEREAS, the expansion of city-wide curbside recycling, composting and refuse collection program falls under the definition of a "project" under the California Environmental Quality Act (CEQA) Guidelines Section 15378, requiring compliance with the California Environmental Quality Act; and, WHEREAS, on March 10, 1992, City of San Juan Capistrano Environmental Review Board considered the findings contained in the initial study for this project and issued a negative declaration. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby: A. After reviewing the Initial Study, the proposed Negative Declaration, the City Council as a result of its review of the aforementioned documents, confirms the Environmental Review Board's action to issue a Negative Declaration and authorizes the issuance of a Notice of Determination pursuant to California Environmental Quality Act Guidelines Section 15075 certifying the Negative Declaration. B. Pursuant to Title 14, California Code of Regulation Section 753.5(c)(1),the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed Program will have the potential for any adverse affect on wildlife resources or the Attachment A hab3fat upon which the wildlife depends. furthermore, on the basis of substantial evidence, the City Council hereby finds that any presumption of adverse impact has adequately been rebutted. Therefore, pursuant to Fish and Game Code Section 711.2 and Title 14, California Code of Regulations Section 753.5(a)(3), the Program is not required to pay Fish and Game Department filing fees. PASSED, APPROVED,AND ADOPTED this day of 1992. GIL JONES, MAYOR ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the day of 1992, by the following vote: AYES: NOES: ABSTAIN: ABSENT: (SEAL) CHERYL JOHNSON, CITY CLERK -2- Continuation of Public Hearing: Notice having been given as required by law, Mayor Jones opened the Public Hearing and, there being no response, it was moved by Councilman Hausdorfer, seconded by Councilman Friess, and unanimously carried that the p lic hearing be continued to the meeting of February 18, 92 . RECESS AND RECONVENE Council recessed at 7: 13 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and re nvened at 7: 16 p.m. ADMINISTRATIVE ITEMS CITY MANAGER 1. RENEWAL OF AGREEMENT - GANG PREVENTION AND SUPPR SSION PROGRAM COUNTY OF ORAN 600.50 Written Communicati0 Report dated Febr ry 4, 1992, from the Assistant City Manager, recommending that the agreement with the County and the Cities of Sa Juan Capistrano, Dana Point, and Laguna Niguel for the ang Prevention and Suppression Program be renewed for o year at a cost of $23, 127 for the City's share (a redu tion of $2 , 653 from 1991) . Mr. Julian ave an oral presentation and provided an overview of the pr ram's goals and objectives. ADDrova of A reement• It was owed by Councilman Hausdorfer, seconded by Councilman Harr' and unanimously carried that the Agreement for Pro ision of Gang Prevention and Suppression Services between t 9County of Orange and the Cities of Dana Point, Laguna guel, and San Juan Capistrano be approved for a one-year eriod beginning February 28, 1992, through February 27, 92, in the amount of $23, 127 for the City's share of costs. �2 . AUTHORIZATION TO NEGOTIATE CONTRACT FOR CURBSIDE RECYCLING (SOLAG DISPOSAL) (600. 301 Written Communication: Report dated February 4, 1992, from the Management Assistant I, recommending that the City enter into negotiations with Solag Disposal regarding the implementation of a Citywide residential curbside recycling plan, as mandated by Assembly Bill 939. Solag's proposal is for an automated collection of all residential refuse, green waste, and recyclable material using state-of-the-art, fully-automated side-loading vehicles. -5- 2/4/92 Douglas Dumhart, Management Assistant I, advised that a draft agreement with Solag could be ready for Council review within four to six weeks, with full implementation of the program to residents within seven months. Mr. Dumhart advised that extensive capital costs would be involved for Solag and the terms of the contract would impact their ability to amortize the cost of equipment and vehicles and to obtain beneficial loans to implement the program. He stated that Staff will propose contract terms at five, seven, or ten years for Council consideration. Authorization to Negotiate with Solag Disposal: It was moved by Councilman Hausdorfer, seconded by Councilman Friess, and unanimously carried that staff be authorized to negotiate with Solag Disposal for an expanded Citywide residential curbside recycling program and to return with an agreement for City Council approval. DIRECTOR OF COMMUNITY SERVICES 1. OPEN SPACE UPDATE (530/-ia 401 Written Communication: Report dated February 4from the Dir for of Community Services, providing anw of the arious activities associated with the opBond Ac easure D. Mr. King made an oraltatio and noted that a new alternate plan will beed the workshop scheduled for Thursday, February7: 0 p.m. in the La Sala Room at the City Library. With the consensus of Cayor Jones ordered the Report received and filed. 2 . AGREE ENT FOR 1 9 HERIVA JOINT ARTNERSHIP - SPONSORSHIP DEVELOPMENt (FIESTA ASSOCIATION) 600.30 Written Commu icat'on: Report dated Feb ary 4, 1992 , from the Director of Community Services, recoi ending that the Joint Partnership Agreement between the Festa Association and the City be approved for the Associa on to work with the City as a cohesive unit for fund-rais' g purposes for the 1992 Heritage Festival. A ov o A reement• It w moved by Councilman Hausdorfer, seconded by Councilman Har is, and unanimously carried that the 1992 Heritage F tival Joint Partnership Agreement between the City and the an Juan Capistrano Fiesta Association be approved for sponsorship development. -6- 2/4/92 AGENDA ITEM February 4, 1992 TO: Stephen B. Julian, City Manager FROM: Douglas D. Dumhart, Management Assistant I SUBJECT: Expanded City-Wide Residential Curbside Recycling RECOMMENDATION: By motion, authorize staff to negotiate with Solag Disposal for expanded City-wide residential curbside recycling and return with an agreement for City Council approval. SUMMARY: With the adoption of Assembly Bill 939, the coordination of solid waste management issues has become exceedingly more important. The intent of this legislation has been to require all municipalities to be responsible for their solid waste generation and to see that fifty (50) percent of that waste is diverted away from the landfill. The City Council on December 3, 1991, adopted a plan called the Source Reduction and Recycling Element (SRRE) to address this mandate and to determine exactly what is to be expected. During the development of this plan, it was identified that for the City to meet this ambitious goal as set forth in AB 939 a comprehensive residential recycling program will need to be instituted. Much discussion was devoted to the selection of residential recycling alternatives in the Source Reduction and Recycling Element. To that end, Solag Disposal has submitted a proposal for the implementation of City-wide residential curbside recycling that is consistent with the method recommended in the City's recycling plan. At this time, staff is recommending that City Council approve authorization to negotiate with Solag Disposal for the expansion of City-wide residential curbside recycling. BACKGROUND: On June 19, 1990, the City Council approved a pilot residential curbside recycling program for 1,000 homes. The pilot program was to test the three (3) stackable bin method (also known as source separated system) of curbside recycling. Since that time staff has been able to study alternative recycling methods. The three bin system was selected for the pilot area FOR CITY COUNCIL AGEND ` HIb Agenda Item -2- February 4, 1992 for several reasons: it is the least expensive system to implement, the system requires users to separate the household rubbish, thereby reinforcing recycling values, and finally, because the recyclables are kept separate there would be less contamination in the materials and thus, yield a higher market value. However, it has been determined through much review that the optimum residential recycling system is the automated commingled system. This method utilizes one separate container for all recyclables. All commingled recyclables are then taken to a material recovery facility where they are separated by magnets, blowers, screens and optic readers. Specialized rubbish cans are used so that containers can be picked up by robotic-armed trash trucks. This type of program provides for better participation of the public since it is not as cumbersome as the source separated method. This also presents a cleaner appearance in the neighborhoods as everyone will be using a uniform set of containers (one for trash, one for recyclables and one for green wastes). The benefits of the automated commingled system goes beyond aesthetics. They will allow the City to capture more materials for recycling and thus increase the diversion rates. The pilot program has been documented to achieve a diversion rate of between 4-9%. The automated commingled system of recycling has a proven diversion rate of 25-27%. In Orange County the Cities of Anaheim, Brea, Garden Grove, Los Alamitos, Placentia, Stanton and Yorba Linda all utilize the automated commingled system. Other benefits of this system are the reduction of vectors, odors, and litter because of completely enclosed containers; a reduction in worker compensation rates and claims because of the reduction in accidents and injuries associated with manual lifting versus automated collection; lower cost of collection because more accounts can be serviced with fewer trucks and laborers, and truer weights in the tonnage collected because moisture and rain water are kept out by permanently attached lids thereby reducing landfill tipping fees. ISSUE: A proposal has been received by the City from Solag Disposal, Inc. in association with CR&R, Inc. for an Integrated Solid Waste System. The proposal has also been submitted to the Cities of Dana Point, Laguna Hills, Laguna Niguel, San Clemente and the County of Orange (Permit Area No. 9). The issue at hand is: Should the City negotiate, collectively with the other South County Cities, for the expansion of City-wide recycling with Solag Disposal? Solag Disposal is currently providing solid waste collection and disposal services to all of these agencies and a pilot residential curbside recycling program to some of them. A copy of the proposal is on file at the City Clerk's office. Agenda Item -3- February 4, 1992 The proposal provides a comprehensive approach to providing solid waste collection, disposal, and recycling services for the agencies in South County currently served by Solag Disposal. It has been specifically formulation to assist each agency in implementing the recycling program identified in their recently adopted Source Reduction and Recycling Element and in meeting the requirements of AB 939 for diversion of 25 percent of the waste stream by 1995 and 50 percent by the year 2000. The proposal is for automated collection of all residential refuse,green waste and recyclable material using state-of-the-art, fully automated side-loading vehicles. Each resident would be issued three 60 gallon collection containers (one for recyclables, one for green waste and the other for refuse). The costs of the containers are amortized in the proposed rate structure. Additional containers would be available for an additional charge. This variable container rate approach encourages source reduction and charges will be more directly proportional to the amount of refuse generated by the resident. In an effort to make this proposal possible, Solag Disposal has entered into a joint venture with the State's largest and oldest recycler, CR&R, Inc., based here in Orange County. This partnership provides the City with contractors that possess expertise in collection, hauling, and familiarity of existing routes and infrastructure. In addition, this partnership provides expertise in materials recovery and has established world-wide markets for recovered secondary materials. City staff representing the Cities of Dana Point, Laguna Niguel, and San Clemente have jointly reviewed and evaluated Solag Disposal's proposal. The result is a consensus of the staff that joint negotiation of a final proposal with Solag Disposal and CR&R would be advantageous to our Cities for the following reasons: ► It is not practical to contract for recycling services separately of solid waste collection and disposal. The reasons are: • There is less confusion for the public in having to deal with one firm. • Provides for the opportunity to automate refuse collection at the same time. Up to 750 homes can be services per day by a single truck, using the automated system. Currently manual collection activities can only service 500 homes per day. Utilizing a different collection service for recycling could mean residents having to set out recyclables on different days from their refuse. • There may be the need to have all solid waste hauled to a recycling facility to meet the 25 and/or 50 percent diversion goals. If our residents are unsuccessful in meeting the 25 and 50 percent diversion goals, we may need to go through their refuse to find additional material to be diverted from the landfill. Agenda Item -4- February 4, 1992 • There is greater flexibility to modify the program if one contractor is providing all of the services. • Revenues from waste disposal can subsidize unprofitable recycling activities. ► By negotiating directly with Solag Disposal and CR&R, it will be possible for the Cities to implement a City-wide program sooner than if competitive proposals were solicited notwithstanding the current franchise agreement restrictions. ► All of our Cities currently have franchise agreements with Solag Disposal for collection and disposal of solid waste which do not terminated before the 1995 mandate. ► Our Cities have a contract with Solag Disposal for a pilot recycling program. To terminate this pilot program would cost the Cities approximately $28,000 each. COMMISSIONlBOARD REVIEW AND RECOMMENDATIONS: Not applicable. FINANCIAL CONSIDERATIONS: The cost of the recycling containers are fifty-five (55) dollars each. The cost of the automated recycling truck is approximately one hundred thirty-five thousand (135,000) dollars each. Both the containers and the trucks have a life expectancy of ten years. The capital costs plus service charges less any revenue derived from the sales of recyclable materials will be passed on in the form of increased user fees. The homeowners can expect at least a three (3) dollar per month increase to their existing garbage bill. NOTIFICATION: City of Dana Point City of Laguna Niguel City of San Clemente County of Orange Integrated Waste Management Department Solag Disposal, Inc. • • Agenda Item -5- February 4, 1992 ALTERNATE ACTIONS: 1. Authorize staff to negotiate with Solag Disposal for expanded City-wide residential curbside recycling and return with an agreement for City Council approval. 2. Deny authorization to negotiate with Solag Disposal for expanded City-wide residential curbside recycling and require staff to prepare bid specifications for expansion. 3. Continue item and request additional information from staff. RECOMMENDATION: By motion, authorize staff to negotiate with Solag Disposal for expanded City-wide residential curbside recycling and return with an agreement for City Council approval. Respectfully submitted, 41 14w 4",oaw Douglas D. Dumhart Management Assistant I DDD:dh PROPOSAL for an INTEGRATED SOLID WASIE MANAGEMENT SYSTEM for the City of Dana Point City of Laguna Hills City of Laguna Niguel City of San Clemente City of San Juan Capistrano County of Orange - Permit Area #9 Leisure World Prepared By: Solag Disposal, Incorporated 33161 Camino Capistrano San Juan Capistrano, CA 92675 and CR&R, Incorporated 11292 Western Avenue Stanton, CA 90680 KY RECYCLED PAPER CR&R 11292 WESTERN AVE • «wmmw•e PO BOX 125 STANMN,CA 90680 December 10, 1991 714-826-9049 Mr. Doug DI mart Management Assistant One City of San Juan Capistrano 32400 Paseo Adalanto San Juan Capistrano, CA 92675 Re: Integrated Solid Waste Management Proposal Dear Mr. Dumart: Per your reglest, I put together the following proposal. We, of Solag Disposal, Incorporated, have kept abreast of the developing conditions in the refuse industry and the laws affecting the refuse practices that impact the cities we serve, as well as our independent customers. Assembly Bill 939 is one of those conditions that has developed that will dramatically effect the refuse industry, both cities and Mies where large unincorporated areas exist. In June 1988, I was appointed by Senator David Roberti, to the Senate Task Force whose findings would result in the above mentioned senate bill. The purpose of the task force was to solve the solid waste crisis in California. My qualifications to join the thirty-four other experts in the solid waste management industry from both the private and public sector, included my two year presidency of the California Refuse Removal Council (CEW) . As President, who presides over all of the disposal associations in California, my duties were to address the needs of all the associations. This gave me the opportunity to observe the different types of operations in the diverse areas of the state. I also served on the National Solid Waste Management Board which provided an opportunity to be involved at a national level. I am aware of the problems that exist in the formulation of a viable integrated solid waste management program and the factors that are needed for its success. There are a number of parallel factors that have to be considered: 1. Identify the market place and exercise control. 2. Understand the technology to accomplish your goals. 3. Have the financial capabilities. 4. Hands-on experience. 5. Have established long term, signed contracts with domestic mills. 6. Have established foreign markets for materials not purchased domestically. xrncuo vvEx Mr. Doug Dmmmart Daoanber 10, 1991 Page Two I have been in the recycling business since the late fifties. I learned a very dear lesson in my early recycling experience. Recyclable materials are a commodity and are subject to price fluctuation. With AB939 a reality, I looked for alternatives to serve my commmmities by giving them a state of the art solid waste management program as well as have the necessary capital to purchase the latest equipment in order to do the job. With this in mind, we investigated the different options of hiring and doing in-house operations or entering into a joint venture with an established recycler. Based on the amount of investment, qualified personnel available, and the importance of having established markets for the recyclable materials, I entered into negotiations with CR&R, Incorporated, the largest and oldest recycler in the State of California and possibly in the nation. The fact that both companies are orange County based, have enjoyed a good standing relationship by doing business together, aryl belong to the same Orange County and State Trade Associations, seems to be the best combination for the largest arra oldest recycler and the oldest and largest South County refuse hauler to enter into a joint venture to service the south county needs. My proprietary interest in this was two fold. I wanted to assure that my cities had the best possible programs and the flexibility to respond to new requirements. Presently CR&R has given six orange County cities the flexibility to meet the present state requirements without any charges and the ability to convert to any program when and if required. I believe that the recycling portion of any Integrated solid Waste Management Plan is the single most important component in todays environmentally aware society and as you know, a reclaimed commodity is not truly recycled until it has beer, made into another usable product. For this reason, it is important to clearly identify long-term stable markets for the recyclable commodities. To complete the process described as recycling, one must recover materials from the waste stream and then market them to someone who will reuse them. The central int-ortance of the market place in implementing a recycling program or refuse processing project cannot be over stressed. CR&R has provided these services to commmities throughout Southern California, and has since become California's premier recycler. • Mr. Doug Dtmtart December 10, 1991 Page Three I am enclosing our confidential proposal with historical background and would like an opportunity to give a presentation which includes a short video with a panel discussion. Thank you for all the consideration your city has shown solag Disposal, Incorporated. Sincerely, Thomas Trulis President Solag Disposal, Inc. • sjj cc: City of Dana Point City of Laguna Hills City of Laguna Niguel City of San Clemente City of San Juan Capistrano County of Orange Leisure World RECYCLED FeRF • TABIE OF CONTENTS 1. Executive SLMMary 2. Statements of Qualifications - Solag Disposal, Incorporated - CR&R, Incorporated 3. AB939 Regulatory Compliance 4. Refuse Collectior. - Automated Residential - Counnarcial/Mult Family - Industrial/Construction 5. Recycling - Automated Curbside - Qwnercial/Multi-Family Recycling 6. Greenwaste (Composting) - Collection - Processing 7. Solid Waste Processing • 8. Recyclables Marketing Plan 9. Street Sweeping 10. Financial Structure 11. References and Resumes 12. Appendix - Solag/End Waste Corporate Brochure - CR&R Corporate Brochure - CR&R corporate Video • `6y RECYCLED RPER E70ECE]TIVE S4RR+IIaRY Solag believes the attached proposal is one of the most ewnprehensive integrated waste management and ccmamity service systems in the County. Solag has tried to exceed all of the City's expectations in all possible categories of service, delivery, and program content. Compliance With AB939 Solag/CR&R will assist in all necessary studies to comply with AB939. With our in-house staff and affiliated consultants, we guarantee to keep the Cities of Dana Point, Iaguna Hills, Laguna Niguel, San Clemente, and San Juan Capistrano in regulatory compliance. As your exclusive franchised environmental management many, we expect the burden to be placed squarely on our shoulders. Residential (Refuse, Recycling, and Greenwaste) Solag proposes a fully automated state of the art, two or three can residential collection system. This system will divert a minimum of 25% (two can) and a minimum of 50% (three can) of the iesidential waste stream from program onset. Additional cans will be available for an additional charge. We feel • that a per can rate will be fair and equitable to all residents, because their refuse bill will be directly proportional to the amount of refuse they generate. The proposed variable can rate is ccmpletely within the guidelines of the new recycling legislation AB939. This type of rate structure will encourage "source reduction" and create a fair and equitable rate structure based on a residents solid waste generation, as advocated by the California Integrated Waste Management Board. Commercial Solag proposes a standard collection system, using existing frcntloaders, with solid waste processing at the Stanton Recycling and Transfer Facility prior to landfilling. Solag does not know of any other ccmvexcial recycling plan that can guarantee 25% recycling without prior source separation and its associated collection and envirarnwnntal costs. • • Ca�ostirg Recycling typically ruggers the reuse of manufactured products, such as paper, cans, bottles, plastic, even batteries. But biological materials, such as yard waste and focal waste, may account for up to 30% by weight of the material deposited in the typical landfill. These wastes not only take up a significant portion of landfill space, but they are readily recyclable into compost, a himws-like, fluffy soil conditioner produced from plant remains. Solag believes that costing is a viable option, due to our arrangement with a fully permitted composter. The Stanton Recycling and Transfer Facility has the ability to sort out the greenwaste without an additional collection vehicle. CR&R has executed an agreement with the only, fully permitted composter in the State to receive and process all of CR&R's grepziwaste. Street Sw3eL111Kt Solag and CR&R have been sweeping streets on a wryly basis for over 15 years, using the state of the art equipment. Solag has the capability to sweep the streets on a weekly basis. Solag will also sweep all curbs and medians. This service is extremely advantageous with the automated refuse collection, if the city will create "no parking zones" on the days of refuse collection. 'These posted 'Inc) parking" days, will cut collection and sweeping costs significantly, and ensure a first • class, well maintained city. Bulky Item Collection Instead of our current annual spring clean-up, Solag will pick-up household bulky items on an on-call basis. These household items includes such things as washers, water heaters, couches, etc. Additional Benefits The enclosed proposal will greatly diminish the responsibility of City staff and associated costs, due to the fact that Solag/CR&R will provide the informational courts within their scope. With the proposed automated residenntial refuse collection, billies and collections will become mandatory by the very nature of the system. We world also prefer to do all the billings for better control on service, delinquent accounts, and bad debt vo¢3enses. • Solag Disposal Incorporated - Statement of Oualifications Solag Disposal is a California corporation and has provided private solid waste collection in the County since 1957. 'Their company headquarters are located in the City of San Juan Capistrano. Mr. Thomas Trulis, Owner and President, has continually guided Solag for 34 years. Solag currently provides franchised collection, recycling, and disposal services for the Cities of San Clemente, Dana Point, Laguna Niguel, San Juan Capistrano, and the unincorporated areas of Aliso Viejo and Laguna Hills, as well as by exclusive contract to the private retirement community of leisure World. our previously owned companies, sold prior to 1990, collected commercial solid waste in Westminster, Costa Mesa, Irvine, Newport Beach, and Garden Grove. Solag began recycling and salvaging in 1959 in the Cities of Costa Mesa arra Newport Beach. They recycle all materials via a conveyor belt and hand separation. Ten years ago, Solag received a State grant to initiate a voluntary newspaper recycling program in the City of San Juan Capistrano which is still in operation. Solag is now performing residential recycling on a pilot basis in three of their franchised cities and in the County areas. The pilot program, a "source-separated", three bin system, has been in effect since September 1990. • In addition to the joint venturing of recycling programs, a team of experienced solid waste professionals (headed by Solag Disposal's President, Thomas Trulis) , have cane together with a unique waste recovery process. The E.N.D. Waste, Inc. , team has developed a solid waste diversion process that has the ability to convert up to 95% of the waste stream into reusable and/or recyclable materials. The process combines standard mechanical and manual sorting along with a wet process for converting residual waste into useful building products. • aecrc�[o mvca • CR&R. Incoroorated - Statement of Qualifications CR&R, Incorporated (CR&R) , a privately held corporation established in 1963, provides comprehensive environmental management services thro *lout the western states to state arra local governments, retail, commercial, and industrial ooapanies. CR&R with its affiliated oampanies, Temecula Environmental, Stanton Disposal, Duran Errvirrvtexrtal , Haulaway Container, American Environmental Management, CR Transfer, Mobile Recycling, CRCO Disposal, Wrightwood Disposal, Sun Country Disposal, Perris Disposal, Riverside Recycling and Transfer, RB Container, CR&R Glass, arri C3 Recycling, is Southern California's premier envirommtPntal management company. CR&R's management and engineering staff have extensive experience in refuse collection and hauling, solid and hazardous waste transfer operations, and the collecting, processing, marketing, and transporting of recyclable materials. CR&R currently employs over 1000 people at 17 separate locations in California, Washington, and Colorado. CR&R awns and operates a fleet of over 425 trucks and trailers servicing over 25,000 customers. A majority of CR&R's revetrues are derived from public and private organizations requiring efficient and cost-effective resource recovery programs for recyclable materials. CR&R operates one of the largest recycling plants in California. CR&R's recycling network services some • 200 recycling centers in over 100 cities. The ocmpany is currently processing over 5o million pounds of recyclables per month and has marketing contracts with domestic and foreign paper mills, metal, glass, arra plastic marpifacb2rers. Few firms have the capability to provide all the necessary services for all recyclables (collection, processing, and transportation) and market them worldwide as CR&R does. CR&R Glass is the recycling division's glass beneficiation plant. This plant takes the glass fron all the various recycling programs throughout Southern California, sorts it by color, eliminates the contaminants, crushes, washes, and produces a furnace ready cullet for the glass manufacturers. 9his plant is one of only five in all of Southern California. CR&P, has cxarstructed a model .:olid waste recycling and transfer facility, CR Transfer. it receives approximately 1,800 tons per day of solid waste generated in Orange County. This venture, which has been financed solely by CR&R, illustrates the company's caro itment to providing efficient and imaginative solutions. Commencing in 1991, all the waste received at the transfer starion will be mechanically and manually sorted to recover at least 25%, as mandated by California law AB939. CR&R is currently purchasing and transporting all recyclable materials from over 50 curbside programs throughout Southern California. CR&R also operates the curbside recycling program for the City of Glendale, is one of the recycling contractors for the City of Les Angeles, and is • the sole marketer and processor for the entire City of San Diego. R�EEEOPVER • COMPISANCE Wimi AB939 After all the studies are complete, Solag will work with the Cities to create an Integrated Waste Management Pian. The plan will be created to meet AB939 - Section 18733 - Model Component Format: (1) Source Reduction Component (2) Recycling Component (3) Composting Component (4) Special Waste Component (5) Household Hazardous Wase Component Once all the alternatives have been evaluated and approved by the City, county, and the State, Solag will implement the plan. The program will contir-a ally be monitored and evaluated. When a part of the plan is actually implemented, Solag will present in detail the complete costs to the City prior to commencement. Solag would hire a full time Recycling Coordinator to exclusively service aur contract Cities. By -spreaduig this cost across all of the South Canty Cities, the net fee is very minimal . This employee would provide literature, speeches, videos, slides, and any other additional information to ensure the our integrated solid waste management programs success and compliance with AB939. • RECICIEVIWI • • AUICtQMM RESIDENTIAL REFUSE OULECTION The residential refuse will be collected by state of the art fully automated sideloaders. Each resident will be issued a 60 gallon automated refuse collection container. The rental, maintenance, and lifetime replacement of each can is included in our proposed rate structure. Additional cans will be available for an additional charge. We feel that a per can rate will be fair and equitable to all residents, because their refuse bill will be directly proportional to the amount of refuse they generate. The automated container is equipped with a lid, wheels, and will hold approximately 3 to 4 standards cans. Automated collection is the state of the art in the residential refuse collection industry. There are numerous reasons for automation; aesthetics, ease of collection, keeping animals out of the trash, reduced litter, efficiency, and lower accident and work injury rates. This system will lower insurance and workmen's compensation rates, which are reflected in our proposed rate structure. This method of collection will help to maintain the lowest rates possible for the local citizenry. The proposed variable can rate is completely within the guidelines of the new recycling legislation, AB939. This type of rate structure will encourage "source reduction" and will create a fair and equitable rate structure based on a residents solid waste generation, and is advocated by the California Integrated Waste Management Board. MANUAL FMID Tmrnr. REFUSE COLLECTION With todays technology and innovations we do not recommend the manual collection method, but we can continue to service with this method. This method is much less capital intensive, but is much more labor intensive than the automated system. • aecci eoP�A • ArArANTAJ S TO AurcwTED O3LLECTTO1i — Reduces accidents and injuries — No manual lifting — Eliminates litter, odor, and insect problems — containers are maneuverable — No strained backs 'carrying out the garbage" — Improved employee moral — Neighborhood aesthetics are upgraded — Keeps animals out of the garbage — Workman's compensation rates and claims are greatly reduced — Wheels and lids are penranently attached — Higher productivity — Logs the cost of collection. — Residents never have to purchase trash cans again LOCAL AUTCM M CITIES Altadena Anaheim Arcadia Blythe Brea Claremont • Gamlen Grave Huntington Park Icupoc Ins Angeles Monrovia Ontario Oxnard Perris Placentia Pcanona Redlands Sacramento Santa Maria Stanton Temecula Visalia Yorba Linda There are over 300 automated cities across the country. • aemcuo twee • 9MMgAIMM-FAMILY REFUSE ODLLEGTION Solag will provide each a, trmier with the necessary number of steel 3 cubic yard bins and service as required. Each bin will be serviced by a commercial frontloader. All bins will have lids. INWSTRIAL/OCIS1idJCPION REFUSE ODISE=ON These ;*+tkistrial accounts and construction projects will be provided with either 40 cubic yard or 10 cubic yard roll-off boxes, depending on the materials to be handled. Each box will be serviced as necessary by Solag's roll-off fleet. • • �J ee....E' ER AUTOTED CURBSIDE REFUSE AND RECYCLING (2 can system) Cption #1 This is our area of expertise. Solag/CR&R has over 28 years of recycling experience. By using the automated system, we can recycle far more than any typical curbside program. As you will see, our proposed system will address as much as 508 of the waste stream. our primary option is the two (2) 60 gallon can system with commingled recycling. The refuse and recycling container will be collected on a weekly basis. The residents can place ALL recyclables in the blue container and all refuse in the black container, thereby reducing solid waste disposal and collection costs. The residents will be asked to only place "full" recycling containers out for collection, to eliminate the costs incurred by servicing "half-full" containers. our proposed rate structure includes all costs, collection, maintenance, container replacement, recyclables processing, sorting, and marketing. our proposed recycling program creates vested interest to seek out the best possible commodity pricing, as well as participation. Again, we feel that our proposal is unique, due to the Stanton Recycling and Transfer Station operation. All commingled recyclables will be transported to our Stanton facility for processing. This facility allows us to offer the Cities one of the cleanest, simplest, and most advanced curbside recycling program in the United States. Solas (2-60 gallon autonatedl Standard Curbside Blue Container 3 Basket Glass Containers Glass Cans (aluminum/tin) Cans Newspaper Newspaper Cardboard Plastic Junk Mail Waste Paper P.E.T. Bottles Milk Bottles Other Metals Cartons (cereal boxes, shoe boxes, etc.) Film Plastic Diversion: 27-34% Diversion: 4-9% As one can see, our program addresses over 508 of the waste sura ., approximately three times that of standard programs. We also expect a participation rate of at least twice that of standard source separated marnual cuubside programs, due to maximum convenience and ease of • separation. • AUT Q%= CURBSIDE REFUSE, RECYCLING, AND GREQ4FASTE j3 can system) Option #2 By using the automated system, we can recycle far more than any typical curbside program. As you will see, our proposed system will address as much as 75% of the waste stream. We propose a three (3) 60 gallon can system with commingled recycling and greenwaste. The refuse, recyclables, and greenwaste containers will be collected on a weekly basis. Weekly collection increases participation and diversion, as well as eliminating any odor concerns with regards to the greenwaste container. The residents can place ALL recyclables in the blue container, all greenwaste in the green container, and all refuse in the black container, thereby reducing solid waste disposal and collection costs. The residents will be asked to only place "full" recycling and greenwaste containers out for collection, to eliminate the costs incurred by servicing "half-full" containers. our proposed rate structure includes all costs, collection, maintenance, container replacement, recyclables processing, sorting, and marketing. our proposed recycling program creates vested interest to seek out the best possible commodity pricing, as well as participation. Again, we feel that our proposal is unique, due to the Stanton Recycling and Transfer Station operation. All commingled recyclables will be transported to our Stanton facility for processing. This facility allows us to offer the Cities one of the cleanest, simplest, and most advanced curbside recycling program in the United States. Solan j3-60 gallon automates Standard Curbside Blue Container Green Container 3 Basket Glass Containers Grasss Clippings Glass Cans (aluminunVtin) Leaves Cans Newspaper 'twigs Newspaper Cardboard Tree Trimmings Plastic Junk Mail Wards Waste Paper Pallets P.E.T. Bottles Lumber Milk Bottles Manure Other Metals Cartons (cereal boxes, shoe boxes, etc.) Film Plastic Diversion: 54-68% Diversion: 4-9$ As one can see, our program addresses over 75% of the waste strewn, approximately three times that of standard programs. we also expect a • participation rate of at least twice that of standard source separated manual c utsule programs, due to maximum convenience and ease of separation. ep MCrllEOMMR • -FAPIILY REC"ICLII�IG CR&R has owned and operated the Stanton Pj-xycling and Transfer Station, in Stanton, California for the last 7 yeas. The station is located on 11 acres. over the last 6-12 months CR&R has invested an additional $10 million, to construct a state of the art materials recovery facility. In order to provide the Cities with a state of the art coamn=ial recycling program, Solag would propose to transport the co mnercial waste stream to the Stanton Recycling and Transfer Facility. This would enable us, with the use of a tromnel, conveyors, magnets, and balers, to reduce the City's commercial waste stream by a minimum of 25%, as mandated by AB939. This program would create one of the most advanced commercial recycling programs in the United States, as well as place the Cities on the leading edge of environmental issues. We would also advocate this program with our proposed automated residential refuse collection. This program would eliminate any and all source separation and guarantee 100% participation and 25% recycling. • • eecrc�eo PAven SOLID ik f PROCESSIPIG The proposed concept represents a turnkey approach to meeting the AB939's 25% recycling mandate by 1995. It includes all the caponents necessary for a durable and cost effective materials recovery/transfer operation. The concept maintains the existing refuse collection services intact, with delivery of all refuse to our proposed recycling and transfer station. All raining waste is fed into the processing plant which utilizes technology that breaks open plastic trash bags and sorts all recyclables from the waste, to standards acceptable to the secondary materials market. The recyclables, once mechanically sorted, are prepared for domestic and overseas markets and delivered to these markets through Solag. The strength of Solag/CR&R is that it is fully ocq:)atible with existing collection and landfill operations; the system is flexible because it utilizes a cptimal combination of mechanical and manual separation. It is readily adaptable to the ever changing market conditions. The concept components are summarized below: I. Solid Waste Processing A processing system capable of dealing with solid waste in its . natural state, raw and unsorted. The technology handles all wastes, cannercial, residential, and light industrial. II. Recyclables Processing and Marketing A time-tested recycling processing and marketing system consisting of quality control, baling, loading, and transporting with domestic and overseas marketing. CR&R has been providing this service to most of the recyclers and recycling programs in Southern California for the last 15 years. III. Solid Waste Transfer All rejects and residuals from the process will be transported to the County landfill by CR Transfer, a subsidiary of CR&R. • aemcaovw[e • WHY WASTE PROCESSING PFO=ZY? — 100% participation, both residential and omm�sv-ial — No preparation or separation by the customer — Adaptable to ever changing market conditions — Flexible as legislation des — No additional trucks- - rucks— No additional drivers — No fuel — No air pollution — No traffic — Creates more jobs for the community — Adaptable to the waste strum — Highest possible recovery/dive_A^sion rates — Greater materials marketing strength — Handles all types of waste — Risk free to the participating municipalities — Everyone pays their fair share — Recycling all trash, including residential, comiercial, and industrial ADVANTAGES OF USING THE STANTON RECYCISNG AND TRANSFER STATION — Less trucks required for divalent tonnages — Less manpower for equivalent tormges — Less repair and maint-mance — Less fuel used • — Less tire usage — Fewer miles traveled — Fewer flat tires — Decrease or elimination of overtime — Tighter controls on routing — Trucks are closer when one does breakdown — No freeway traffic to contend with — Lower costs per ton — Maintain fleet size regardless of landfill closures — Recycling of all trash, including residential, cmmiercial, and industrial — 5 minute dumping time — Fully enclosed — Open 7:OOam - 6:OOpm, 7 days/week WHY SHOULD I RECYCLE? — Conserve natural resources — Protect the environment — Extend landfill life — Reduce waste — Control disposal costs — Reduce pollution • CC AECICIEDPARR RECYCLABLES Mt EMM PLAN As stated in our cover letter, a reclaimed commodity is not truly recycled until it has been made into another useable product. For this reason, it is important to clearly identify long term, stable markets for the recyclable eamnodities. To complete the process described as recycling, one mist recover materials from the waste stream and then market them to someone who will reuse them. The central importance of the market place in implementing a recycling program cannot be over stressed. CR&R has guaranteed these services to communities throughout Southern California, and has since became California's premier recycler. CR&R, with its extensive transportation and marketing network, has never had a problem moving materials. CR&R is affiliated with numerous brokers and exporters of recyclables and has long standing agreements with Pacific-Rim mills. CR&R is a uniquely qualified recycler currently moving 25,000 tons of recyclables a month and will have no difficulty absorbing the materials generated by the City. Obtaining the materials have been more of an obstacle. As more and more materials are recycled, prices are destined to fall until new mills and factories are constructed to utilize them. CR&R, due to existing contracts and the stxength of control over tonnage, will always be able to maintain market outlets. • • CR&R, for the past 10 years, has been the number one supplier of newspaper to Golden State Newsprint (Jefferson-Smurfit, Pomona, CA) , Southern California's only 100% recycled paper mill. Newspaper is sold both loose and baled, domestic and foreign, brokered and direct. Recycled newspaper demand should continually increase as mill technologies increase, as well as environmental awareness. CR&R sees the potential to print most newspapers on 100% recycled paper within the next 5-10 years, this is especially tnme if energy costs go up, since recycled news takes about 50% less energy to produce. The State has also just recently passed a mandatory recycled newsprint usage law. Mixed Paper Internationally, CR&R sends waste paper to brokers and mills. We currently work with over 20 broke=rs and mills in 7 Pacific Rim Countries. Markets are developing quickly overseas for mixed waste paper. The Pacific Rim realizes that they can acquire the mixed waste paper at a very reasonable price due w insufficient domestic markets. The future for this grade is very bright, M&R has been exporting • several thousand tons to the Pacific ltim for years. Cardboard CR&R will market corrugated to both domestic and foreign markets. The Pacific Rim can absorb as much cardboard as can be supplied, subject, of course to price. High Grade Pacer Hien grade paper (white ledger, oc;uter print cut) are the most desirous form of waste paper.. While many mills overseas do not have the technology to de-ink mixed waste paper, including old newspapers, they can easily reprocess office paper. Pacific Rina Countries are in short supply of this cwmmodity. CR&R will be able to recover this paper with its solid waste processing/transfer facility. The future for this commodity is • extremely bright, especially as more recycling programs go on line, mills will be able to choose this high quality supply. VY RECYCLEDMR • Metals As more plastics replace metal in automobiles, steel demand will continue to drop or stay flat. Ferrous is used both domestically and foreign. It's very tough to look at the future of ferrous metal recycling with an optimistic view point. CR&R currently transports and markets all the white goods (staves, water heaters, etc.) and other ferrous materials pulled from the Stanton Transfer station. Aluminum Cans Aluminum has the brightest and most stable future because the mill capacity and technology are in place. Also, recycled aluminum as a feed stock is a necessity to be price competitive due to a 95% energy savings. The advent of the bottle bill, AB2020, has also increased the price to the consumer and has promoted recycling. PEP Plastic • Markets are continuing to develop as pressure is applied from solid waste management officials and environmental groups of plastics manufacturers. CR&R currently handles about 50% of the PET generated by the California Bottle Bill. Again, the bottle bill has added to the value and has encouraged recycling. BDPE Plastic This is a new market with potential for growth. The plastic containers industry has been actively designing new materials which will be environmentally safe and more readily recyclable. Also, the State of California has targeted plastic as among the high priority items to recycle. Although the future is bright in 1-2 years, the current market is very limited by demand. Other Plastic The other five resin types consist of Polystryrene, PVC, Polypropylene, and low density polyethylene. Currently these resins Waist be used in a mixed resin product. • ®ReCYCtED ER • Glass CR&R is one of the largest hardlers of glass in the State of California. The glass manufacturing, ur3ustry has stated on several occasions that it will take all the glass that can be delivered at a reasonable and stable price. The industry is converting to increase cullet usage in response to curbside and AB2020 style programs. The future for cullet is to deliver color separatedto the mill. The mills have frowned on three color inix due to its limited use. CR&R Glass is the recycling division's glass processing facility. This plant takes the glass from all the various recycling programs throughout Southern California, sorts it by color, eliminates the oontaminants, crashes, washeu, cukl produces a furnace ready cullet for the glass manufacturers. • • eEmcEED KREe • Greenwaste ltd Recycling typically suggests the reuse of manufactured products, such as paper, cans, bottles, plastic, even batteries. But biological materials, such as yard waste and food waste, may account for up to 30%-40% by weight of the material deposited into the typical landfill. These wastes not only take up a significant portion of landfill space, but are readily recyclable into compost, a humus-like, fluffy soil conditioner produced from plant remains. Currently, oomposting is not widely used as a recycling technique. In the past, biological waste has created less concern than other landfill ocrgDonerrts because it decomposed relatively quickly. However, with the growing problem of landfill capacity, and the recognition that methane gas migration results from the breakdown of biological materials, more jurisdictions are likely to consider composting in their future recycling plans. The State of New Jersey has banned the disposal of leaves in landfills because the remaining landfill space is too valuable to be taken up with a material that is so easy to fit. Goverrmental jurisdictions that have incorporated composting into their recycling program have had major problems finding markets. State and local goverrmnents may be the best market because they have an ongoing need for soil amendments for parks, landscaped areas, highway medians, and slopes. Focal landscape contractors also are a possible market. • The fact remains, however, that many con posting programs have failed, not because they couldn't make ccupost, but because they couldn't find buyers for all the dost produced. Solag and CR&R believe that composting is a viable option to reduce the waste stream by an additional 25% to meet the 50% goal established for the year 2000. Solag will collect all greenwaste with an additional separate container or through the Stanton Recycling and Transfer Facility which has the ability to sort out the greenwaste without the use of an additional collection vehicle. CR&R has an agreement to deliver its greenwaste to the only fully permitted cagposting plant in the State of California. CR&R has the ability to recover approximately another 25-30% due to this business arrangement. • tStY RELYLEEO GWEA STR>Er sw�rxc Solag and CR&R have been sweeping streets on a weekly basis for over 15 years, using the state of the art equipment. Solag has the capability to sweep the streets on a weekly basis. Solag will also sweep all curbs and medians. This service is extremely advantageous with the automated refuse collection, if the City will create "no parking zones" on the days of refuse collection. These posted "no parking" days, will cut collection and sweeping costs significantly, and ensure a first class, well maintained City. • • RELICEEDWER • PROPOSED RESIDENTIAL RATES - PROJECTED AT JULY 1. 1992 Each resident would be issued two cans, one for refuse (black) , and one for recyclables (blue) . We would recommend two 60 gallon containers serviced weekly for refuse and recyclables. We believe that the 60 gallon containers will generate more resident participation and separation. We can add the third can for greenwaste at a later date. These rates include all the cans and a lifetime guarantee on them. Expected landfill fee to be $32.75/ton or $10.00/ton increase. TWO cans Three Cans Current System (60 gals.) (60 gals.) Average 25% Diversion 50% Diversion 5% Diversion Refuse Collection $ 5.01 $ 4.35 $ 6.53 Refuse Disposal $ 3.73 $ 2.13 $ 6.45 Recyclables Collection $ 5.01 $ 4.35 $ 2.48 Recyclables Value ($ 1.27) ($ 1.27) ($ 1.35) Recyclables Processing $ 1.27 $ 1.27 $ .45 Greenwaste Collection ----- $ 4.35 ---- Greenwaste Disposal ---- $ 1.11 ------ Billing and Bad Debt $ .33 $ .33 $ .33 AB939 Public Education $ .09 $ .09 $ .09 Franchise Fee (5%) $ .50 $ .65 $ .45 Residential Rates $14.67/month $17.36/month $15.43/month An additional fee of $2.19 per mcnth will be charged to residents requiring a 90 gallon refuse container. The system pricing is much lower than any other alternative source separation program, because of the design and its inherent efficiencies. The above pricing is based on Solag keeping all of the recyclable materials revenues to lower the effective rates to the residents. solag strongly recommends the establishment of a two can, fully automated system from program onset if source separation is desired. we still advocate solid waste processing as the most cost efficient alternative for the commercial waste stream. aecrm eo revea . PROPOSED CM*RCTAL RATES (3 Cubic Yard Bins) - EXISTING LANDFILL USED Service Disposal/ Franchise Coumiercial Landfill @ S22.75/ton Recycling Fee (5%) Rates lx $ 51.00 + $ 20.93 + $ 2.55 = $ 74.48 2x $ 71.00 + $ 41.86 + $ 3.55 = $116.41 3x $ 91.00 + $ 62.79 + $ 4.55 = $158.34 4x $111.00 + $ 83.72 + $ 5.55 = $201.27 5x $131.00 + $104.65 + $ 6.55 = $242.20 6x $151.00 + $125.58 + $ 7.55 = $284.13 MRF @ S41.58/ton (25% diversion-at the Stanton MRF) lx $ 61.00 + $ 38.26 + $ 3.05 = $102.31 2x $ 81.00 + $ 76.52 + $ 4.05 = $161.57 3x $101.00 + $114.78 + $ 5.05 = $220.83 4x $121.00 + $153.04 + $ 6.05 = $280.09 5x $141.00 + $191.30 + $ 7.05 = $339.35 6x $161.00 + $229.56 + $ 8.05 = $398.61 . Roll-off Rates 40 Cubic Yard $140.00 + Landfill Fee 10 Cubic Yard $140.00 + Landfill Fee Ccnpactors $150.00 + Landfill Fee *IIie franchise fees were calculated to exclude disposal/recycling costs therefore they are based solely on the service ccaponent. • aec.aeo nrew i S'iAN M MRF - Cmanercial Solid Waste Processing Costs 25% Tipping Fee Diversion Disposal (existing landfill fee) : $22.75 Transfer: $12.90 Recycling/Waste Processing: $18.50 Avoided Disposal (25% @ $22.75/ton) : ($ 5.69) Recyclable Value (25% @ $1.7.50/ton) : ($ 6.88) Net Service Fee: $41.58/ton Operational Costs • Transfer: $12.90 Recycling: $18.50 31.40 • etacco veru • Residential Alternatives S1Ilimlklr'V Tam Automated Cans (25% diversion) : Total Cost: $14.99/hone Diversion: 25% - 35% Participation: 75% - 85% Capital: $9,010,000 Capital Costs Containers - 50,000 x 2 x $55.00: $5,500,000 Refuse/Recycling Trucks - 26 x $135,000: $3,510,000 9,010,000 Three Automated Cans (50% diversion) : Total Cost: $17.36/home Diversion: 50% - 65% • Participation: 75% - 85% Capital: $13,515,000 Capital Costs Containers - 50,000 x 3 x $55.00: $ 8,250,000 Refuse/Reoycli.ng/Greer-waste Trucks - 39 x $135,000: $ 5,265,000 13,515,000 Current System (5% diversion) : Total Cost: $15.43/home Diversion: 5% - 9% Participation: 60% - 70% Capital: $2,000,000 • xeerueo wPea • CR&R GOVERNfMIrAL RE.�I2ENCES City of Stanton Costa Mesa Sanitary Dist. Mr. Terry Matz Ms. Florine Reichle City Manager District Clerk (714) 220-2220 (714) 754-5043 Re: Stanton Disposal Re: CR Transfer, Inc. CR Transfer, Inc. ORCO Disposal, Inc. City of Pomona City of Newport Beach Mr. Robert Deloach Mr. David Niedexhaus Public Works Director General Services Director (714) 620-2262 (714) 644-3055 Re: Duran ERvimrmiei 1 , Inc. Re: CR Transfer, Inc. OROO Disposal Inc. City of Claremont Midway City Sanitary Dist. Mr. Mark Springer Mr. Don Snavely Solid Waste Supervisor Solid Waste Director (714) 399-5431 (714) 893-3553 Re: Duran Environmental, Inc. Re: CR Transfer, Inc. CR&R, Inc. Stanton Disposal Haulaway City of Ios Angeles County of Orange • Mr. Bruce Mok Ms. Jan Goss Recycling Manager Recycling Coordinator (213) 485-8823 (714) 568-4160 Re: CR&R, Inc. Re: CR&R, Inc. City of Glendale County of Riverside Mr. Rudy Umana Mr. Bob Nelson Recycling Coordinator Director of Solid Waste (818) 956-6480 (714)275-1399 Re: CR&R, Inc. Re: CR&R, Inc. City of San Diego City of Long Beach Mr. Bob Epler Mr. Jim Kuhl Recycling Coordinator Waste Management Officer (619) 533-4648 (23.3) 495-2666 Re: CR&R, Inc. Re: CR&R, Inc. City of Buena Park City of La Palma Mr. Don Kemp Ms. Brigitte Charles Director of Public Works Assistant City Manager (714) 521-9028 (714) 523-7700 Re: CR Transfer Re: CR Transfer City of Perris City of Temecula Mr. Mike Napolitano Mr. Joe Hreha City Manager Mgr. of Information Systems (714) 643-6100 (714) 694-1989 • Re: CR&R, Inc. Re: CR&R, Inc. Perris Disposal Temecula Envimmnental Vy PFCVCIFDPAKR THOMAS TId= Owner and President Solag Disposal, Incorporated CURB Nr IaNFCNSIBILTrIES Thomas Trulis is the sole owner of Solag Disposal Incorporated which was established in 1957. Solag's primary business is waste collection, recycling, and disposal. The eagany possesses extensive experience in all facets of solid waste management, owns two refuse hauling meanies with exclusive franchises in four south Orange County Cities and operates under private contract in the largest private retirement coum niity in the County. A recognized expert in the solid waste industry, Mr. • Trulis was a Senate appointee to a 34 member Task Force to study the State's refuse crisis, a predecessor to AB939. Mr. Trulis is past president of the Orange County Disposal Association, former vice-president of the San Bernardino-Riverside Disposal Association. He is a past secretary/treasurer and past president of the California Refuse Removal Council (CRRC) which is the governing body representing all refuse associations in the State of California. He is active in all South County Chambers of Comoeroe and enjoys direct contact with the municipal, comiercial, and industrial customers his company services. Member of the Orange County Enforcement Agency, 1985-1986 Board Member of the National Solid Waste Management Association EDUC'ATICN B.A. Business Administration/Law UCLA Ins Angeles, CA w eenaeowvtx C[SFF M R. RONNENHW Owns and President CR&R, Incorporated CZIIRESP PCHSIBILITIES Clifford P"menberg, Principal. in charge, is the President and Owner of CR&R, Incorporated and its many subsidiaries. Mr. Ronnenberg has been in the waste management field since 1961 and is an owner of various companies which provide solid waste collection, transfer, arra recycling services. These various as pani.es currently employ in excess of 1000 individuals and operate in excess of 425 vehicles. The recycling ocapany handles approximately of 25,000 tons per month of recyclables. F.l�R1�JCE He has been engaged in the business of providing enrvirormiental services for the past twenty-eight years, including industrial, commercial, and • residential refuse hauling; resource recovery of recyclable materials; and hazardous materials management. In addition, he is in the transportable storage container rental business, including the fabrication of steel containers. As President of the above mentioned corporations, he is responsible for managing all operations and developing long-range plans and strategies for ccTqDany growth, profitability, and management organization. All companies mentioned above have grown under his management and direction. He is active in civic and ccm[unity affairs and is an enthusiastic supporter of various youth organizations and the Chamber of Comtexoe. • aEcvsaoruEa MICHAEL J. SILVA Vice President CR&R, Inc. - Solid Waste Management Division CIffaa P Responsible for the entire Solid Waste Management Division, corporate wide. Assists, reviews, plans, and supervises all activities related to solid waste management, including all roll-off, front loader, transfer station, material recovery facilities, and curbside recycling contracts and projects. EXPERIENCE Has worked exclusively for CR&R and its subsidiaries for over seven years. Has managed or assisted in the negotiation and implementation of CR&R's recycling and solid waste management contracts and services with various private and public organizations. Has direct responsibility for the Stanton Recycling and Transfer Station from design, construction, and permitting to bottom line financial performance. Is also responsible for all corporate facilities construction, from planning and design, to contractor selection arra final inspection. CR&R, Inc. has designed, constructed, and permitted the following facilities for their own use: PCB Transformer Decontamination Facility, Biohazardous Waste Incineration Facility, 1800 TPD Solid Waste Recycling/Transfer Station (CR Transfer, Inc.) , California certified environmental laboratory, and a "state of the art" materials recovery facility. F77771TTQj M.S. Civil Engineering/Construction Engineering and Management Stanford University - Minor in Geotechnical Engineering Palo Alto, CA B.S. Civil Engineering University of the Pacific - Cum Laude Stockton, CA • B.S. Engineering Management University of the Pacific - Cum Laude Stockton, CA xecvc�o vnvee JIM 193 YIFCULES Vice President Solag Disposal, Incorporated STP Jim is the General Manager all of Solag Disposal's operations on a daily basis, from routing arra customer service to billing and bottom line profitability. He is the liaison with all City, County, and State contracts and agencies. F.}d�iCE Jim has worked exclusively in the solid waste industry and Solag Disposal for the last 20 years. Previously spent 7 years in administration of secondary education. EDUC�TICN B.S. Education Livingston State College Livingston, AL M.S. School Administration Livingston State University Livingston, AL industry Achievement Past President, Solid Waste Association of Orange County Member, orange County Solid Waste (landfill) Enforcement Agency, 1988 to 1990 President and Active nenber, San Juan Capistrano Kiwanis Club Chairman, Envirorurental Committee Southern Orange County Chamber of Commerce YC IIFCYLIfO YAPfA • D. CAMFM;CN SPICE R Operations Manager Solag Disposal, Incorporated CQWEW RESPONSIBILITIES Currently responsible for the supervision and coordination of all routing for many equipment and personnel. Presently fulfilling the duties of Safety Director, setting up the California State Law SB198 Accident Prevention Program; Hazard Communication Program, and all related training material and documentation. Establishing the Preventative Maintc-nance program, putting in place the Fleet Command ccaguter program to schedule and log in all repairs to each piece of equipment. Maintenance of all records for compliance with the California Highway Patrol Biannual Inspection of Terminal program, O.S.H.A. Regulations, and Orange County Health Care Agency. Responsible for the hiring, firing, training, and discipline of all field employees. E}�ffidCE • City of orange, Parks, Street, and Tree Departments worked with Street Tree Dept., during swmmers in college, transferred to Parks Dept. to work on Supervisor's Preventative Maintenance Program. Loeb, Rhodes, and Co. Worked as a trader dealing primarily in block trades directly with the NYSE, ASE, and aM. orange Sweeping Service Bought orange Sweeping Service in 1976, taldnq it from parking lot sweeping to contract smoeeping for the County of Orange, the State of California, Southern California Edison, and private homeowners associations. Ep[lCATION M.B.A. Currently enrolled in the Pepperrnine University MBA Program Irvine, CA B.S. Qualitative Economics Claremont Mens College Claremont, CA A.A. Mathematics • Fullerton Junior College Fullerton, CA aeaneo rerce DAVID E. FAHBIC N Vice President CR&R, Incorporated - Solid Waste Management Division QEaaNP Currently is the head of operations for the entire Solid Waste Management Division, Corporate wide. Assists, reviews, plans, and supervises all activities related to solid waste management, including all roll-off, front loader, and recycling contracts and projects. Is also responsible for implementing administrative policies, operational controls, and customer service pmxrfiires to control the bottom line financial reporting. Has worked exclusively for CR&R, Inc. and its affiliates for over five years. Lead or participated for American Environmental • Management Corporation in all aspects of environmental management, including under ground tank removals, sampling projects, site remediation, chemical identification and packaging, PCB drain and flush, and emergency response. Has been directly responsible for Duran Environmental, Inc. since April, 1988. Presently serves on an Executive Planning Committee responsible for corporate growth in the solid waste and recycling divisions. EQKATICN University of Phoenix (Southern California Campus) Bachelor of Science in Business Administration (in progress) University of California, Irvine Certificate - Hazardous Materials Management California College of Technology Basic and Fortran Computer Programming Certificates Health Hazards • PCB Decontamination Rmergency Chemical Hazardous Material Manifesting CPR xE�vriEo vnrEA • RIC MM B. FUtMINE President Haulaway Storage Containers, a CR&R Inc. Cnpany caRR NP Completely responsible for the Haulaway Storage Containers oompany, the largest storage container many in the United States, from projecting future business to current bottom line financials. Responsible for mergers and acquisitions for a $200 million publicly held healthcare eaq�any. Managed the acquisition of America's Pharmacy, Inc. (API) for $5 million to diversify Caremark into the mail order pharmacy industry. As part of API's senior management team (including 15 months as President) , doubled sales to $15 million and expanded from a regional to a national healthcare cost containment ccepany. Negotiated divestiture of API in April, 1987 for $11 million. Managed Caremark's active . role in its acquisition by Baxter Travenol in August, 1987, for $540 million. Evaluated emerging medical and technology companies on the West Coast for the Alex Brown venture capital investment banking group. Managed a $100 million national heavy construction firm which builds large public works projects such as waste water treatment plants, filtration plants, heating plants, and hospitals. Following a leveraged buy-out, turned around an old line aircraft service operation from sales of $2 million, negative net worth and losses of $100,000 a year, to sales of $32 million generating a substantial profit. Sold ccupany as one of the largest and most respected full-service fixed base aircraft operations in the West. F�TI(Xd M.B.A. General Management, emphasis in Marketing/Finance/Control Harvard Business School Boston, MA B.A. Biology/Chemistry Bowdoin college Brunswick, ME • 'bY PECIIE O PAYER F40NAID W. CIAss Vice President CR&R, Inc. - Secondary Fiber Recycling Division CLWEW Responsible for sourcing and marketing all secondary fibers in the Recycling Division. Assists, reviews, and plans all sourcing and selling of over 12,000 tons per month of recyclable fiber. Develops both sourcing and selling strategies and authors both the short and long term business plans for the Recycling Division. F�ffi� Has had extensive experience in various financial management positions with Unisys Corporation, Aeroviroruient Incorporated, and • Golden State Newsprint company. These fir tial positions included manager of financial analysis and cost accounting with Unisys and controller at both P.erovironmient and Golden State Newsprint. In addition, Mr. Glass built the secondary fiber division for Golden State Newsprint which included the establisbrient of some 15 recycling centers from Bakersfield to San Diego. Mr. Glass was Vice President and General Manager of Pacific Recycling (the recycling division of Golden State Newsprint) and had total responsibility for over 130 employees, $20 million in business receipts, and $600 thousand in average annual capital budgets. Mr. Glass is also an adjunct faculty member at Chaffey college where he teaches courses in business management. xrTnra�r�Li M.A. Economics central Michigan University Mt. Pleasant, Michigan B.S. Business Administration Central Michigan University Mt. Pleasant, Michigan • 'qY FELYCLEOYWEA DQETICK QNEEIA Vice President CR&R, Inc. - Recycling Division CtOUM ItESPCNSIBKL *= Plans and uplements market strategy for pricing and margin levels. Develops new business through the expansion of CR&R's custaner base. Research and develop new business opportunities by increasing the variety of materials collected, processed, and marketed. Drove profitability by establishing new direct market relations with mills and manufacturers. Enhance market position by maintaining CR&R's reputation for quality and service. Supervise the Bottle Bill Law (AB2020) functions and act as the axq3any's liaison to the State of California's Division of Recycling. Involved in multiple phases of plant and production operations, including pricing, purchasing, implementation, and budgeting in all departments, frau customer relations and customer service to profitability and market strategy. Assisting with the research and development of new business opportunities. Diverse responsibilities included administration of day-to-day operations for five recycling centers and five processing plants in five States. EQJCATICN B.S. Education San Diego University San Diego, California aecvaro Wren • RONhm E. SCEbNIETZ-ZER President Mobile Recycling Corporation, a CRSR, Inc. company CORRENP TMIKMIBILITIM Coupletely responsible for Mobile Recycling Corporation, one of the largest recycling service companies in California, from projecting future business to current bottom line financials. Built supermarket recycling program into the largest of its kind in North America. Planned annual budget of $1 million, set goals for District Manager and supervisors, planned future locations based on favorable demographic data and worked with planning commission staff in cases where zoning is an issue. Former board member of this non-profit, unfunded curbside program in San Diego County. Studied feasibility of Waste--to-Energy plants at selected cities; hired and supervised crews to do samplings of municipal refuse at • the Harlan County landfill. Assisted in the writing of environmental reviews and coummunity plans for client cities. Worker, manager, then Board member of the first and only full-service recycling center in Cincinnati, Ohio. Provided support to neighborhood councils in the form of basemaps, graphics, slide presentations, surveys, etc. Member of the Industrial Planning Team, which coordinated development packages to retain industry in Cincinnati. Also planned and piloted an aerial photo survey for the City's Rail Transit Corridor Study. �Z`ION B.A. City Planning University of Cincinnati Cincinnati, Ohio Concentration in integrated solid waste management. Wrote thesis on solid waste recycling, involving six months of research, synthesis, recommendations and presentations to city officials, faculty, students, and community members. • ®Ak CYC1EU YAVfP PcCEIVF..0 Refuse Companies - SAN CLEMENTE COMMERCIAL � Commercial-Industrial Residential Complete rubbish removal service - Storage boxes � Rent-a-bins Am CD¢strucgn fgyJN 161 �Rt {{LL..`1 1�JJ'r 1OF Fn April 11, 1995 (U00 . 30 SAN JUAN CAPISTRAW! George Scarborough City Manager City of San Juan Capistrano 32400 Paseo Adalanto San Juan. Capistrano, CA 92675 Subject: Integrated Solid Waste Collection Agreement Temporary adjustment of Terms of Extensions Dear Mr. Scarborough: As stipulated in the Integrated Solid Waste Collection Agreement between the City of San Juan Capistrano and Solag Disposal, Inc., section 5 "Term Extension". Solag Disposal agrees to extend the written notice provision granting the City's right to terminate through May 26, 1996. This time extension should meet both the city's and Solag Disposal Inc.'s need. Sincerely, James Koutroulis President 27372 Calle Arroyo,San Juan Capistrano,CA 92675 P.O.Box 1100,San Juan Capistrano,CA 92693 Telephone 714.240.0446 ► Fax 714-240-0195 • Joe* s MEMBERS OF THE CITY COUNCIL JERRY HARRIS KENNETH E FRIESS DRUG USE , GARY HAUSOORFER 15 _. ,o 1961 GIL JONES .,I • • CITY MANAGER STEPHEN B JULIAN July 9, 1992 Mr. Michael J. Silva, Vice President CR&R Incorporated 11292 Western Avenue P. O. Box 125 Stanton, California 90680 Re: Expanded City-Wide Residential Curbside Recycling - City of San Juan Capistrano Dear Mr. Silva: At their regular meeting held July 7, 1992, the City Council of the City of San Juan Capistrano received the agreement for expanded City-wide residential curbside recycling services. The Council directed that the item be continued for 30 days to allow investigation into potential conflicts of interests for two council members and their ability to vote on the item. Copies of the Agenda and Staff Report will be forwarded to you when the item has been scheduled for Council review. Thank you for your patience in this matter. Very truly yours, Cheryl �— City Clerk cc: Douglas Dumhart 32400 PASEO ADELANTO. SAN JUAN CAPISTRANO. CALIFORNIA 92675 • (714) 493-1171 Yuly 7, /992 SupeavLAon %homaA F. Riley, FL�th diitnLct /0 CLVLC Centers lla3!a Santa i1na, Cil 92702-0687 CC. CLty Counc a - San Yuan CapLAtaano CLty //all 32400 %ageo ildelanto San Yuan CapLAtnano, G9 92675- CC. 2675cc. dr. CrvLn watkCna, Owners t CapLAtaano Valley AobLle EAtateA 26000 ,1enopuento San Yuan CapLAtnano, Cil 92675 Gentlemen: At the City CoundLl meetLng tonLght Z waA appalled at the total tach o� neAponAe to the concerned people bz San Yuan regandLng the location o� a Solag ganbage tnuch panhLng Atte. Some months ago you alio dLd not ncapond to the people Ln your diatALct negandLng thLA pro6lem. Wen approached to allow panhLng at the county dump , ou Atated you dLdn t want to Atant a "prececht" and Ao decl sized to help Aouth county people. Z would aAh that you neconALden tl:LA neaueit by necognLgLng that �«ecednt" you wene concerned about would actually be a Godsend. /he county ca ao ;;trapped �or money why not neat panhLng Apace at the dump �or whoever -- Sola¢, and anyone else Ln need. %hugvu iiolve an aw�°ul problem and mane money 'or the county 6eaideA. Z can 't Yee any company op poALng a neaAonable nent and thene6y �neebzg a large capLtal Lnvegtment bunted Ln valuable real eAtate and earnLn_g no Lncome. %leaseLve thLa Auggegtion your urgent conALdeaation and 6y copy o�thig lett en T am aAhLng the City CouncLl to inconponate thLA communLcatLoa Lnto the mLnuteA o� thein next flieetLng. Very_ truly young,. .-- X S c 0TS/ � 0 Yogeph F. `'Zell{en - A . /yIanOQf uarecPI'nitaao, ei9 y2675 �ovG'c�S� tom r` - - S U l 91992 MEMORANDUM July 7, 1992 TO: City Council FROM: Richard K. Denhalter, City Attorney SUBJECT: Agenda Item G.l.a. - Recycling Agreemen In view of pending litigation in the Appellate Court challenging the legality of exclusive franchises for recycling activities under AB 939, it is recommended that the Agreement be approved subject to the concurrence by the Franchisee with the following condition: "This Agreement is approved subject to a condition to be acknowledged by the Contractor that in the event that the exclusive nature of the franchise with respect to recycling activities is found, as a matter of law, to be unlawful or unenforceable, Contractor shall nevertheless perform the recycling obligations of this Agreement to the extent necessary to provide City with compliance with State mandated recycling obligations. Failure to do so shall constitute grounds for immediate termination of this Agreement without regard to notice or extension rights provided in this Agreement." RKD:ef cc: Stephen B. Julian, City Manager George Scarborough, Asst. City Manager r • MEMBERS OF THE CITY COUNCIL CAMPBELL WYATTKART GIL JONES M i Imurrorrnp CAROLYN I:IIr6 1961 DAVID NADU 1776 DAVID SWERDUN CITY MANAGER � GEORGE SCARBOROUGH September 9, 1996 Mr. Tom Trulis, CEO Solag Disposal P.O. Box 1100 San Juan Capistrano, California 92693 Re: Term Extension, Integrated Solid Waste Collection Agreement Dear Mr. Trulis: At their meeting of September 3, 1996, the City Council of the City of San Juan Capistrano took action to extend the written notice provision granting the City's right to terminate the Integrated Solid Waste Collection Agreement until December 31, 1996. City staff was requested to meet with you and representatives of Ware Disposal Company, Inc., regarding their request to provide certain specialized disposal services within the City. Please feel free to contact Douglas Dumhart at 443-6316 if you have any questions. Very truly yours, ouv-j( Cheryl Johnson City Clerk cc: William Talley Morton August Lois Thompson Judith Ware Douglas Dumhart 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493.1171 MEMBERS OF THE CITY COUNCIL 1 COLLENE CAMPBELL MATT HART m'� - monronnrtl OIL JONES upm I96I CAROLYN NASH 1776 DAVID SWERDLIN �� CITY MANAGER GEORGE SCARBOROUGH July 5, 1996 Mr. Tom Trulis, CEO Solag Disposal P. O. Box 1100 San Juan Capistrano, California 92693 Re: Term Extension Intearated Solid Waste Collection Aareement Dear Mr. Trulis: At their meeting of July 2, 1996, the City Council of the City of San Juan Capistrano, with your concurrence, extended the written notice provision granting the City's right to terminate the Integrated Solid Waste Collection Agreement until September 4, 1996. The extension will allow City staff time to analyze the proposed rate structure. Please feel free to contact us if you have any questions. Very truly yours, aohzC/1� City Clerk cc: William Talley Waste Management of Orange County, Inc. Douglas Dumhart 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171 Refuse Companies w SAN CLEMENTE COMMERCIAL Commercial Industrial-Residentlal Complete rubbish removal service Storage boxes Rent-a-bins � Construction Boxes July 2,1996 Mr. George Scarborough City Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 RE: Term Extensions, Integrated Solid Waste Collection Agreement Dear Mr. Scarborough: As stipulated in the Integrated Solid Waste Collection Agreement between the City of San Juan Capistrano and Solag Disposal, Inc., Section 5 "Tenn Extensions," Solag Disposal agrees to extend the written notice provision granting the City's right to terminate until September 4, 1996. This extension should meet the City of San Juan Capistrano's need. Sincerely, James Ko utroulis President a x^ A vo y� 00 m v7 T* r— nzy� Z„ v o � co C712 27372 Calle Arroyo,San Juan Capistrano,CA 92675 P.O.Box 1100,San Juan Capistrano,CA 92693 Telephone 714-240-0446 > Fax 714-2400195 II Waste Management o0f Orange County, Inc. • 1800 South Grand Avenue Santa Ana.California 92705 714/480-2300•Fax: 714/5614/56 8-6626 July 1, 1996 Honorable Wyatt Hart Mayor, City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Dear Mayor Hart: I am writing to you regarding Agenda item Gla of your Tuesday July 2, 1996 Council Meeting regarding the Notice to Terminate the Rollover Option of the City's Franchise Agreement with Solag Disposal. I am writing to urge you to approve your City Staffs recommendation and to provide notice to Solag Disposal that your current franchise will terminate on June 30, 2000. 1 believe that Mr. Dumhart's staff report clearly lays out the issues before you. By providing this notice to Solag Disposal you will be keeping your options open for the future and you will enable the City to bid this contract in the future and to obtain the best rate for your residents. For example, the City of Laguna Hills bid its contract and awarded a new 10 year contract to Solag starting July 1, 1996. The rate in Laguna Hills is $12.00 per month based on the $35.00 per ton landfill rate at the time of the bid. According to Laguna Hills City Staff they believe that the new rate should be $11.28 per month based on the County's new landfill rate of $27.00 per ton. They also want commercial rates decreased a similar percentage. The City is currently negotiating with Solag to finalize these decreases. The Laguna Hills proposed rate of$11.28 is significantly cheaper than the $13.81 average rate that Solag offered in the letter attached to your staff report. If the City was able to obtain this rate in a bid the 10 year savings would be approximately $2.5 million to your residents, 3 times more than Solag's current offer. I urge you to keep your options open for the future and approve the Staff recommendation and provide the notice to terminate Solag's agreement in the year 2000. Sin erely, Robert J. le Division President RJC672 X Cent n u-k-- JUL 0 2 1996 o IJ -i- j IS u re-\�r oos- we 7T! —tZD----QSa- ALAXWit, l4e OAS 17-24hp t (k c Alq6 �bi 0�C" - _ -- - Y\c)+~ ' WARE DISPOSAL CO., INC SERVING SOUTHERN CALIFORNIA SINCE 1968 P.O. Box 8206 Newport Beach • California 92658 (714) 834-0234 (619) 736-4960 • Fax (714) 760-1223 August 29, 1996 Hon. Mayor and City Council City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 Honorable Mayor and Members of the City Council, Ware Disposal Company is a state certified small business that has been serving Orange County since 1968, providing industrial and commercial solid waste service as well as, residential and commercial construction & demolition service; temporary bins; compactor sales and solid waste service; and recycling services to many satisfied long term customers . In Orange County, Ware Disposal provides service in the Cities of Newport Beach, Irvine, Santa Ana, Costa Mesa, Lake Forest, and Laguna Hills . The San Juan Capistrano City Council will consider a staff recommendation for the approval of an extension of the noticing period for the City' s solid waste contractor and authorization for the City staff to negotiate revisions to the Franchise Agreement for Solid Waste Collection. As a state certified small business, Ware Disposal requests the City Council , as part of this negotiation process, to allow a role for a small business in their future contract and to authorize Ware to provide construction & demolition, temporary bin, and compactor solid waste service to the City of San Juan Capistrano through either a separate franchise or other mutually agreeable Council directed contract. In either event, Ware Disposal Company requests the City's assistance and support in permitting and authorizing Ware Disposal to be a provider of these specialized services within the City of San Juan Capistrano. A commitment to small business in San Juan Capistrano is good public policy and good government. In making this request, Ware Disposal asks the City to take into consideration factors which may not have yet been considered 0 J fp as the City negotiates revisions to the franchise of the XSLDTS 1 AUG 30 1996 current contractor. These factors include, but are not limited to, the opportunity to engage an industry specialist that is interested in working shoulder to shoulder with the City of San Juan Capistrano as a corporate partner to undertake the construction & demolition, temporary bins, and compactor sales and solid waste services which are specialized stand alone services . These services are a distinctly different part of the refuse and recycling industry. As such, we believe that good case can be made that these services are better provided by a specialist, than a residential refuse contractor, such as the city' s current contractor who' s primary focus is residential service. Regular residential services are characterized by fixed routes; regular scheduled service; a quantifiable number of customers; consistency in the volume and type of refuse; long term regular service; a predictable number and type of trucks and equipment; and, regular monthly service fees which take all of the foregoing into account . Residential, industrial, and commercial construction & demolition service and temporary bin services are characterized by a fluctuating and demand driven market that lacks the stability, regularity, and predictability of regular fixed route commercial and residential service. Typically, this work is an intermittent service, best performed by an industrial/commercial specialist . Ware Disposal is such a company. Ware Disposal very actively seeks out industrial service levels for all types of business, and works diligently to make their service cost effective for the customer. As an example, in providing its service to contractors building the San Joaquin Hills Transportation Corridor. Ware Disposal was successful, by devising a customized service, in lowering the cost to the contractor, increasing the amount of materials recycled, and reducing the volume of materials going to the county landfill . Although not required, the willingness of Ware Disposal to take care of the customer is what Ware Disposal is all about. We sincerely believe that this is the type of service that should be provided. And, with the support and commitment to small business in the San Juan community, and the assistance of the City of San Juan City Council, we can deliver these specialized services in San Juan Capistrano on a regular basis . Ware Disposal Company provides a high level of customer oriented service because it is a specialist. Ware Disposal 2 + r provides service to customers over a wide geographic and market area, enabling Ware Disposal to balance the demand for services . Our success in this specialized market segment is evident in the size and types of projects it has undertaken. Prior projects include the Fluor Corporation Facility in Irvine; the Hughes Laser Plant in El Segundo; South Coast Plaza in Costa Mesa; Fashion Island in Newport Beach; the Amtrak Station in Santa Ana and currently, Ware Disposal is involved in the San Joaquin Hills and Foothill Transportation Corridors. In short, Ware Disposal Company is uniquely qualified to provide this type of service, and we would like the opportunity to do so in San Juan Capistrano. The Public Resources Code of the State of California does not require or otherwise limit the City to use only one contractor. The Governor has encouraged and supported small business in the State of California. The City has the opportunity to provide a roll for small business in community in the context of the negotiations to revise the terms and conditions of the current franchise. In so doing, the City may seek to either exclude the construction & demolition, temporary bin, and compactor solid waste service from the existing franchise, or to facilitate other mutually agreeable solutions to permit and authorize Ware Disposal to work in the City of San Juan Capistrano . Neither scenario would adversely effect, to any significant degree, the economic viability, and service capability of the City' s contractor or Ware Disposal . We are specialists providing what are clearly specialized stand alone type services . In supporting our request to be included as part the negotiation, the City Council will not only be providing the opportunity to examine how this aspect of this Solid Waste Service is provided within the City, it will also be sending a message that it is business friendly, that it is supportive of small business; that it expects strong customer service; and good value for the taxpayer, the customer, and the City. As mentioned previously, there are haulers and other providers, other than the City' s contractor, currently operating in San Juan Capistrano, providing construction & demolition, temporary bin, compactor service, and manure hauling. In so doing, they have not hampered the ability of the City' s regular contractor to provide service, nor the pricing. To the contrary, in some cases, such as manure hauling, the city' s current contractor would rather not provide this service. The presence of these other operators 3 has not adversely affected the economic viability of his operation, or the rates offered to the customer, and neither would the presence of Ware Disposal . However, these haulers do not pay the franchise fees required of the City' s contractor nor do they provide recycling (939) reports to the City or actively support the City' s recycling and diversion requirements . Ware Disposal Company in asking for the City' s support and authorization to work. Ware is desirous of assisting the City in meeting its recycling and diversion requirements by the year 2000, and Ware will work closely and cooperatively with the City in achieving its goals . In a nutshell, Ware Disposal Company is asking for the opportunity to work in San Juan Capistrano and to be a responsive and responsible corporate citizen of the community. Permitting Ware Disposal the opportunity to provide our services in the City of San Juan Capistrano, by means of a franchise or other mutually agreeable solution, will expand and enhance the Solid Waste and recycling efforts of the City of San Juan Capistrano and assist the City in meeting the requirements of AB 939 by the year 2000 . Ware Disposal is prepared to answer any questions that the City Council may have and to respond and provide to the the City staff, such information as the City may require to further evaluate our request and to assist in the negotiation process . Your favorable consideration is respectfully requested. WARE DISPOSAL COMPANY, INC. 9 A� Judith Ware, President 4 i 41WYATT HART MEMBERS OF THEIECINE COUNCIL COECAMPBELL DRUG USE U: r11.1H.no GIL JONES IS Nenmro IB61 DAVID SSwERDUN D 1776 • • CITY MANAGER / GEORGESCARSOROUGH March 21, 1996 Jim Koutroulis, General Manager Solag disposal P. O. Box 1100 San Juan Capistrano, California 92693 Re: 90-Day Extension Notice to Terminate Roll-Over of Franchise Agreement Dear Mr. Koutroulis: At their meeting of March 19, 1996, the City Council of the City of San Juan Capistrano approved your request for a 90-day extension of the written notice to terminate the option for a one-year extension of the Franchise Agreement for Solid Waste Collection, which is set forth in Section 5 of the Agreement. The noticing period will end on July 5, 1996. Please feel free to contact Douglas Dumhart at 443-6316 if you have any questions. Very truly yours, 01/1e1(Cf /'--/-�"av ti Cheryl Johnson City Clerk cc: Tim Casey, City Manager, Laguna Niguel Steve Julian, City Manager, Dana Point Mike Parness, City Manager, San Clemente Doulgas Dumhart 32400 PASEO ADELANTO. SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 493-1171 see r MEMBERS OF THE CITY COUNCIL (a KENNETH E FRIESS •I JERRY HARRIS �� Iin101.onu4 GARY L HAUSDORFER 17 unun.0 1961 GIL JONES 1776 JEFF VASOUEZ CITY MANAGER STEPHEN 8 JULIAN September 2, 1992 Mr. Jim Koutroulis Solag Disposal Company P. O. Box 1100 San Juan Capistrano, California 92693 Re: Exclusive Franchise Agreement - San Juan Capistrano Dear Mr. Koutroulis: At their regular meeting held August 18, 1992, the City Council of the City of San Juan Capistrano adopted Resolution No. 92-8-18-9, certifying a Negative Declaration for the expansion of the City-Wide Curbside Recycling, Composting and Refuse Collection Program. The Council also approved an exclusive 7-year Franchise Agreement, as amended to delete CR&R, Incorporated from the Agreement. A copy of Resolution No. 92-8-18-9 and a fully-executed copy of the Franchise Agreement are enclosed for your files. If you need any further information, please let us know. Very truly yours, L� 9X41— Cheryl Johnson City Clerk Enclosure cc: Douglas Dumhart 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 4931171 • Refuse Companies � SAN CLEMENTE COMMERCIAL Commercial-Industrial-Residential Complete rubbish removal service Storage boxes Rent-a-bins Construction Boxes JULY 1 , 1992 STEVE JULIAN CITY MANAGER CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA. 92675 RE: SOLID WASTE COLLECTION AGREEMENT DEAR MR. JULIAN: PLEASE EXCEPT THIS LETTER AS NOTICE THAT SOLAG DISPOSAL IS IN AGREEMENT WITH THE CITY OF SAN JUAN CAPISTRANO TO EXTEND THE PILOT RECYCLING PROGRAM AND ROLLOVER CLAUSE UNDER THE SECTION "TERMS OF AGREEMENT" TO SEPTEMBER 1 , 1992 . PLEASE CALL IF YOU HAVE ANY QUESTIONS. SINCERELY JIM KOUTROULIS 1 33161 Camino Capistrano,Ste. G, San Juan Capistrano,CA 92675 P.O. Box 1100, San Juan Capistrano, CA 92693 Telephone 714-240-0446/714-432-0900 ► Fax 714-240-0195 Dolma o#,,-5 MEMBERS OF THE CITY COUNCIL o JERRY HARRIS KENNETH E FRIESS �AVQ USES- iAr0A1 GARYL HAUSGORFER 1'� Itllluul0 1961 GIL JONES 1776 JFFF VASOUEZ • • CITY MANAGER STEPHEN B JULIAN June 12, 1992 W14V1I^W= Mr. Anthony M. Otting, President 5 Star Rubbish 2130 Canyon Drive Costa Mesa, CA 92627 Re: Solid Waste Disposal in the City of San Juan Capistrano Dear Mr. Otting: Recently, it has been brought to our attention that your firm had submitted an unsolicited proposal for disposal services for the Capistrano Unified School District. The proposal dated October 15, 1991, included an attached price quotation that listed several schools within our City limits. Under traditional municipal police powers (see California Constitution, Article XI, § 7), cities such as San Juan Capistrano are empowered, in order to protect public health and safety, to regulate the collection of solid waste and other refuse. One means of so regulating includes the award of exclusive franchises. To enable the City of Sao Juan Capistrano to control the solid waste handling services within the City, the City has deemed it necessary to grant one solid waste enterprise the right to provide exclusive solid waste handling services within the City. The "Municipal Solid Waste Collection Law of the City of San Juan Capistrano" (Title 6, Chapter 3 of the San Juan Capistrano Municipal Code) authorizes the City to contract for exclusive solid waste collection services. Currently, the City has'an exclusive franchise agreement with Solag Disposal Company, Inc. for this service. That exclusivity extends to all residential, commercial, industrial and public institutions within our City limits. Specifically, it applies to Harold Ambuehl, San Juan, Marco Forster, Serra, CUSD Maintenance and CUSD Offices. 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 r 00 Mr. Anthony M. Otting June 12, 1992 Page Two The City is determined to protect the public Interest and purpose served by its exclusive waste collection agreement and ordinance which vests its franchisee with sole authority to engage in non-excepted solid waste collection and disposal services in the City of San Juan Capistrano. Moreover, the City will not tolerate any person or entity which fails to recognize requisite ordin:+nce and !.s_s and-je force :o cm.—re tnernhers of r,t!r curnm1^ity into utilizing }:^.•:1r services in violation of the law. Sincerely, Stephen B. Julian City Manager SBJ:DD:dh ! cc: Tom Trulis, Solag Disposal Company, Inc. James Fleming, CUSD MEMBERS OF THE CITY COUNCIL e JERRY HARRIS _ KENNETH E FRIE55 DRUG USE L." .�,, .� GARY HAUSOORFER IS sr,.lr 1961 GIL JONES s 1776 JEFF VASQUEZ �'� • CITY MANAGER . STEPHEN B JULIAN February 10, 1992 Jim Koutroulis Solag Disposal, Inc. 33161 Camino Capistrano, Suite G San Juan Capistrano, California 92675 Re: Curbside Curbside Recycling- City of San Juan Capistrano of San Juan Capistrano Dear Mr. Koutroulis: At their regular meeting held February 4, 1992, the City Council of the City of San Juan Capistrano authorized City staff to negotiate an agreement with your company for expanded City-wide residential curbside recycling. The agreement will be returned for future Council approval. Thank you for your cooperation in this matter. Very truly yours, Cheryl John on 9' City Clerk cc: Rochelle Hatfield, OC Integrated Waste Management Dept. Gary Dysart, City of Dana Point Ken Montgomery, City of Laguna Niguel Jim Holloway, City of San Clemente Douglas Dumhart 32400 PASEO ADELANTO. SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 Re/use Companies SAN CLEMENTE COMMERCIAL . Commerrial Ind.w,l l Hrvdr•nbal Complete rubbish removal service - Storage boxes Rent a bins . Construction Boxes August 20,1996 Mr. George Scarborough City Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 RE: Term Extensions, Integrated Solid Waste Collection Agreement Dear Mr. Scarborough: As stipulated in the Integrated Solid Waste Collection Agreement between the City of San Juan Capistrano and Solag Disposal, Inc., Section 5 "Term Extensions," Solag Disposal agrees to extend the written notice provision granting the City's right to terminate until December 31, 1996. This extension should meet the City of San Juan Capistrano's need. Sincerely, James Koutroulis President 27372 Calle Arroyo,San Juan Capistrano,CA 92675 AUG 2 2 1996 P.O.Box 1100,San Juan Capistrano,CA 92693 Telephone 714240-0446 ► Fax 714240-0195 A-7-frACHME1\11 -- CORD, DATE IMMIDDNY) 6/23/97 IABILI IR PRODUCER 619-238-1828 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION R ROBERT F. DRIVER CO., INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR I 1620 5TH AVENUE ALTER THE COVERAGE AFFORDED BY THE POLICIES RF[nW SAN DIEGO, CA 92101-2703 COMPANIES AFFORDING COVERAGE WARREN G. JOHNSON, V.P. COMPANY A COREGIS INSURANCE COMPANY INSURED COMPANY CR&R, Incorporated B GENERAL SECURITY INS CO P.O. Box 125 COMPANY Stanton CA 90680-0125 C 00 . 3n COMPANY D .60 /1 6r THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCEPOLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MMMONY) DATE(MMI DNYI • GENERAL LIABILITY CR9140504 6/30197 6130198 GENERAL AGGREGATE $ 2000000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $ 2000000 CLAIMS MADE T OCCUR PERSONAL&ACV INJURY s 1000000 OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 1000000 FIRE DAMAGE(Any one fire) $ 50000 MED EXP(Any one person) $ 5000 • AUTOMOBILE LIABILITY CR9140504 6/30/97 6/30/98 COMBINED SINGLE LIMIT $ X ANY AUTO 1000000 ALL OWNED AUTOS BODILY INJURY s SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) X POLLUTION PROPERTY DAMAGE GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ 8 EXCESS LIABILITY UB62105 6/03/97 6/03/98 EACH OCCURRENCE $ 1000 0000 UMBRELLA FORM AGGREGATE $ 10000000 OTHER THAN UMBRELLA FORM 4 WORKERS COMPENSATION AND TWICSTATU OTH LIMITS ER RY EMPLOYERS'LIABILITY EL EACH ACCIDENT T PARTNERS/EXECUTIVE EL DISEASE w EA EMPLOYEE–F HE PROPRIETOR( 77 INCL EL DISEASE-POLICY LIMIT EXCL OFF E $ OTHER -10 DAYS NOTICE FORnnN-PAY DESCRIPTION OF OPERATIONS&OCATIONSNEMICLESISMCIAL ITEMS CERTIFICATE HOLDER IS AN ADDITIONL INS; FES CG-2010 ATTAqFD. C> RE: RUBBISH HAULING m ow"010 TEJO( SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANOEk0D BEFORE THE CITY OF SAN JUAN CAPISTRANO —+ EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ATTN: DOUG-f)UMART 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 1 32400 PASEO ADELANTO BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF *A KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. SAN/AIAN CAPISTRANO CA 92675 NUTH WRIEb EPRESENTATIVE :x 46, • CL 246 (11-85) POLICY NUMBER: CR9140504 CR&R INCORPORATED, ETAL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 10 11 85 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE PER ATTACHED CERTIFICATE (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement . ) WHO IS INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. Copyright, Insurance Services Office, Inc., 1984 ......... ......... 77 7 . .......... .......... .......... .. ......... ... ........... ............ CR&R, Incorporated dba: Stanton Disposal Company AKA: Stanton Disposal dba: Wrightwood Disposal Company dba: Sun Country Disposal Company dba: Orco Disposal, Inc. dba: Haulaway Storage Containers AKA: Haulaway Containers AKA: Haul-Away Containers AKA: Haulaway Storage Containers Co. dba: Haulaway Storage Containers, Co. (FN) dba: CR&R Recycling dba: Temecula Environmental dba: Perris Disposal Company dba: Riverside Recycling and Transfer dba: Canyon Lake Environmental dba: Lake Elsinore Environmental Mobile Recycling Corporation Duran Environmental RB Containers, Inc. CR Transfer, Inc. CA TE IN M JDDi�j :o 02/18/97 1.......I...... PRODUCER 619-238-1828 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ROBERT F. DRIVER CO., INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1620 5TH AVENUE ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. SAN DIEGO, CA 92101-2703 COMPANIES AFFORDING COVERAGE ROBBIE ROBERTS COMPANY A CALIFORNIA INSURANCE CO. INSURED COMPANY Ware Disposal, Inc. B REPUBLIC INDEMNITY CO. P.O. Box 8206 COMPANY Newport Beach CA 92658 C COMPANY D M ....... .. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COTYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LTR I DATE(MMIDDNY) DATE(MMIDDNY) LIMITS A GENERAL LIABILITY CR9139670 2/28/97 2/28/98 GENERAL AGGREGATE DO - X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG 41 5000000 CLAIMS MADE a OCCUR PERSONAL&AOV INJURY 11 5000000 X OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE 4 5000000 FIRE DAMAGE(Any one fire) $ 50000 MED EXP(Any one person) $ 5000 A AUTOMOBILE LIABILITY CR9139670 2/28/97 2/28/98 COMBINED SINGLE LIMIT $ X ANY AUTO 2000000 - ALL OWNED AUTOS BODILY INJURY $ X SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT 4 ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT S AGGREGATE 4 EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ B WORKERS COMPENSATION AND 09223461 3/01/97 3/01/98WC STATU EMPLOYERS'LIABILITY I TORY LIMITS EL EACH ACCIDENT $ 1000000 THE PROPRIETOR/ INCL _EL DISEASE POLICY LIMIT $ 1000000 PARTNERS/EXECUTIVE OFFICERS ARE, EXCL EL DISEASE-EA EMPLOYEE $ 1000000 OTHER I 1 10 DAYS NOTICE FOR NON-PAY DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/SPECIAL ITEMS CERTIFICATE HOLDER IS INCLUDED AS ADDITIONAL INSURED AS PER THE ATTACHED CG2010 ENDORSEMENT. 10 DAYS NOTICE FOR NON-PAYMENT 777777777 0, HOW A CITY OF SAN JUAN CAPISTRANO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ATTENTION: GEORGE SCARBOROUGH 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 32400 PASEO ADELANTO BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY SAN JUAN CAPISTRANO, CA 92675 Am OF ANNY KIND UPON TH COMPANY, ITS AGENTS OR REPRESENTATIVES._ T E 4M {IF INSURANCEISSUE....... GATE NY) 04t01196 ........................ PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE Akssaka Ortiz 8 Varela POLICIES BELOW. Insurance Associates Inc. P. 0. Box 14080 COMPANIES AFFORDING COVERAGE Orange CA 92613-4080 COMPANY LETTER A CareAmeflca Compensation ............................... .......................................-.... COMPANY LETTER B INSURED COMP $01*0 Disposal$ Inc. LETTER ANY C P.O. Box 1100 San Juan CapistrancCA 92693 LC,0Tm.PANY, D LcEormrEPANY E THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED By THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 00 EFFECTIVE LTR TYPE OF INSURANCE POLICY NUMBER POLICY POLICY EXPIRATION DATE (MMMDIYY) DATE(MMMD" LIMBS GENERAL LAERM GENERAL AGGREGATE ............................................ ............................. ....... COMMERCIAL GENERAL LIABILITY MODUCTSCOMP/OP AGG. 3 CLAIMS MADE OCCUR i PERSONAL 6 ADV.INJURY I ................ ...... ................................................................................. OWNER'S&CONTRACTORS PROT. EACH OCCURRENCE FIRE DAMAGE(My.9 fl,e) S ...... ............................. .......... ........ .................................... ...................................... MED.EXPENSE(Amy.9 3 AUTOMOBILE LIABILITY COMBINED SINGLE ANY AUTO LIMFr ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NOWO MED AUTOS (Pot lcdkl�o GARAGE LIABILITY PROPERTY DAMAGE EXCESS LIABLITY EACH OCCURRENCE ...............I.............................................. UiAGPELLA FORM AGGREGATE OTHER THAN UMBRELLA FORM ........................ ........................... ...................................... .................... ... ..... ......... ..................................................................... .............................-.... WORKERS COMPENSATION STATUTORY LIMITS AAND C000290301 04101/96 04101197 EACH ACCIDENT 5 1000000 ............................................................. ................ DISEASE-POLICY LIMIT $ 1000000 EMPLOYERS!LIABILITY DISEASE-EACH EMPLOYEE 3 1000000 ....................................... .................. ................................................................................................................................. ...........................-......................................................... OTHER 10 Days Notice of Cancellation for Non-payl Mon-Report at Payroll. ...............................I..............................I....................................................................................................... ..................... ..................... ........... ............-... ............................ DESCRIPTION OF OPERATIONSLOGATIONSNEKICLEZrPECtAL ITEMS ,; 3� ; ...................... .1.),......... M., My .N. SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO City of San Juan Capistrano MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Engineering Division LEFT, BUT FAILURE TO MAIL SUCH NOTICE SMALL IMPOSE NO OBLIGATION OR 32400 Pease Ade/ante ABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. San Juan Capistrano CA 92675 AUTHOR IgD REPRESENTATIVE Ronald j ' 'a .............. ........ .................. ................ �X' N 1990 ........... ............. ......... ............ .... ......—............. Rom: PRO I 353 .w . • ate„ • 1^ MEMBERS OFE CRY COUNCIL COLLENE CAMPBELL DIIIIG U>fE IL JONES HART 1101 RAM AROLYN$ DNADH 17760 DAVID 1961 IDS SWERDLIN • • CRY MANAGER OEOROESCARBOROUGH March 18, 1996 Solag Disposal, Inc. P.O. Box 1100 San Juan Capistrano, CA 92693 Re: Renewal of Workers' Compensation Certificate of insurance (R bbish Hauling) Dear Reader: The Workers'Compensation Certificate of Insurance, regarding the above-referenced service, is due to expire on April 1, 1996. In accordance with your agreement, the insurance certificate needs to be renewed for an additional period of one year. Please forward an updated certificate to the City of San Juan Capistrano, attention City Clerk's office, by the expiration date. If you have any questions, please contact me at (714) 443-6310. Thank you for your cooperation. Very truly yours, Dawn M. Schanderl Deputy City Clerk cc: Cheryl Johnson, City Clerk Douglas Dumhart, Management Analyst II 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171 PERFORMANCE BOND Bond No. SAL 301135 Premium: $150.00 KNOW ALL MEN BY THESE PRESENTS: That we, SOLAG DISPOSAL COMPANY as Principal, and NOBEL INSURANCE COMPANY, incorporated in the state of Texas, and authorized to conduct surety business in the State of California, as Surety are held and firmly bound unto the CITY OF CAPISTRANO, California, as Obligee, in the penal sum of TEN THOUSAND AND NO/100 DOLLARS ($10,000.00), lawful money of the United States of America, to be paid to the said Obligee, successors, or assigns; for which payment, well and truly to be made, we bind ourselves, firmly by these presents. NOW, THEREFORE, whereas, the said Principal has entered into a contract with the said Obligee to do and perform the following work, to-wit: PICK UP AND COLLECT WASTE COLLECTION WITHIN THE PRESENT AND FUTURE BOUNDARIES OF THE CITY OF SAN JUAN CAPISTRANO as is more specifically set forth in said contract reference is hereby made: THE CONDITION OF THIS OBLIGATION is such, that, if the said Principal, his or its heirs, executors, successors, administrators and assigns, shall well and truly do the said work and fulfill the conditions and requirements of the said contract in accordance with the plans and specifications, then the above obligation to be void. This bond is effective for a period of one (1) year beginning on the commencement of the said Contract and will be continued with the consent of Surety for additional one-year terms by continuation certificate. This bond may be canceled by giving thirty (30) days written notice of said cancellation, otherwise to remain in full force and effect. If this bond is renewed for additional periods, the total obligation hereunder shall not exceed the penal sum of this bond. No right of action shall accrue under this bond to or for the use of any person other than the Obligee named herein. Sealed with our seals and dated this 17th day of August, 1995. SOLAG DISPOSAL COMPANY Principal By: NOBEL INSURANCE COMPANY Surety By: William R. Lambert, Attorney-In-Fact NOBEL INSURANCE COMPANY D Dallas, Texas z • POWER OF ATTORNEY • N� SAL 301 135 < O j KNOW ALL MEN BY THESE PRESENTS: That NOBEL INSURANCE COMPANY, a Corporation in the State of Texas, having its n principal office in Dallas, State of Texas,pursuant to the following resolution,adopted by the Board of Directors of the said Company n on the 15th day of November, 1990 to wit: D x O "The President, or any Vice-President, shall have authority, severally, to make, execute and deliver a power of attorney p constituting as Attomey(s)-in-Fact such persons, firms or corporations as such officers may select from time to time, does o hereby make, constitute and appoint: m U William R. lambert of Pasadena, CA 0 its true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to sign, =n execute, acknowledge and deliver in its behalf, and as its act and deed, as follows: z All bonds, undertakings, recognizances,consents of surety or other written obligations in the nature thereof, not to exceed m $100,000.00 per bond." DD z BE IT FURTHER RESOLVED: Said appointments shall be attested by the Secretary or an Assistant Secretary of this Corporation under its seal. The signature of the Secretary or any Assistant Secretary to certified copies of such powers of attorney may be original or z facsimile,and when the corporate seal is affixed therefore,any third party may rely on said certified copies of powers of attorney as the m act and deed of this Corporation. The President,the Vice President,or Treasurer may revoke any appointment made pursuant hereto, and revoke any and all authority conferred by any such appointment. IN WITNESS WHEREOF,Nobel Insurance Company has caused these presents to be signed by its President,and its Corporate Seal to be affixed. POq"'Ate.. NOBEL INSURANCE COMPANY 0 10SEAL�` Jeffry K. Amsbaugh, President STATE OF TEXAS COUNTY OF DALLAS On this 2nd day of September 19 94 ,before me,a Notary Public of the State of Texas, in and for the County of Dallas, came Jeffry K. Amsbaugh of Nobel Insurance Company, to me personally known to be the individual and officer described herein, and who executed the preceding instrument, and acknowledged the execution of the same, and being by me duly sworn,deposed and said,that he is the officer of the said Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and the said Corporate Seal and signature as an officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation,and that the resolution of said Company,referred to in the preceding instrument,is now in force. IN TESTIMONY WHEREOF,I have hereunto set my hand,and affixed my official Seal at Dallas,Texas,the day and year above written. TINA G. HUTCHINGS , Notary Public •I •j Tina G. Hutchings \ J T state of Texas I g 4 /Commission Expires 3-25-99 NOTARY PUBLIC, State of Texas ?rtor:E',% D CERTIFICATE I,the undersigned,Secretary/Assistant Secretary of NOBEL INSURANCE COMPANY,a Stock Corporation of the State of Texas,DO HEREBY CERTIFYthatthe foregoing and attached POWER OF ATTORNEYAND CERTIFICATE OFAUTHORITY remains in full force and has not been revoked; and furthermore, that the Resolutions of the Board of Directors, as set forth in the CERTIFICATE OF AUTHORITY, are now in force. Signedand Sealed at the said Company,at Dallas,Texas,dated this 17th dayof August, 19 95 w°`''Q.P Oqy' uSEALF 2c`v"w Douglas Caudill, Secretary SAL001 9194 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Na SW7 State of CALIFORNIA County of LOS ANGELES On 8/17/95 before me, KELLY PRYOR, NOTARY PUBLIC DATE NAME TITLE OF OFFICER•EG..-JANE DOE,NOTARY PUBLIC personally appeared WILLIAM R. LAMBERT NAME(S)OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized KELLY PRYOR capacity(ies), and that by his/her/their COMM.rItn2two signature(s) on the instrument the person(s), i u Notary Public—Ca)ifornia LOS ANGELES COUNTY or the entity upon behalf of which the My Comm.Eperson(s) acted, executed the instrument. WITNESS my hand and official seal. L" 8��Jaj SIGNATURE OF VARY 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 ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTRY(IES) SIGNER(S)OTHER THAN NAMED ABOVE - - - --------- 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7134 CONTINUATION CERTIFICATE Surety Continental Insurance Company Agent The Rule Company Bond No. BND-1182433 Issue Date 05/18/94 Bond Amount - $10, 000 Premium Amount $150 Principal Solag Disposal Company Obligee City of Capistrano Effective Date 07/08/94 Expiration Date 07/08/95 This Continuation Certificate is subject to all covenants and conditions as set forth and expressed in said bond. This Continuation Certificate is executed upon the express condition that the Company' s liability under the said bond and this and all Continuation Certificates issued in connection therewith shall not be cumulative and shall not in any event exceed the sum of the said bond in force at the time of default. Execution Date June 22, 1994 �4 Signatures SOLAG DISPOSAL COMPANY Principal : B e Surety C ntinental Insurance Company Attorney B o P. Brooks Certificate of Acknowledgement STATE OF CALIFORNIA l County of Los Angeles J On June 22, 1994 before me, Jeri Sumner, Notary Public personally appeared i h v Brooks personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)istare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. OFFICIAL NOTARY SEAL JERI SUMMER Notary Pudic—Callfornia Signature l A (Seal) I„tyLO Expires COUNTY 22, The Ontinental Insurance Cor#any GENERAL POWER OF ATTORNEY Know all mets by these Presents,That THE CONTINENTAL INSURANCE COMPANY has made,constituted and appointed,and by these presents does make, constitute and appoint Jots P. Brooks of Los Angeles, Califwni■ its true and lawful attorney,for it and in its name,place,and stead to execute on behalf of the said Company,as surety,bonds,utdertakings and contracts of suretyship to be given to All Obligees provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of Ten Ritlfon (10,000,000) Dollars This Power ofAttomey is granted and is signed and sealed by facsimile under and by the authority of the following Resolubott adopted by the Board of Directors of the Company on the 13th day of January,1989. ^RESOLVED that the Chairman of the Board,theVice Quitman ofthe Ootid the fmuder4mExecuUm Yhco PreudaMora SemonvK PtoWe tm a We Plaidemofthe Company,be,and"each or a y of them 4 authorized to execute Powers of Anon ey quaifyna the anomey named in the ipserh Power o(Anor ey to execute in bdnlfddhe of � d wAssistars w �yor an tvstanl5aetarY be.and tuleadh orurydthen haaby b. authorized b the execution any such Poand attach t o theses!de Secretary FURTHER RESOLVED,that the siponar s of such officers and the seal of the company maybe afford to arty such Power of AOomey or Garry ovtdhote telabhBtweb by 6cwng.udtirywch Po o(AnoneyD cert,rotebetinasuchbamulesipntu"s be Weseai"bevaMandbmduKupontheConpanywhemoaRaradandintehnse with respect to arty bond,hadaukon or contract of suretyship to which R"a anadhed' In witness whereof,THE CONTINENTAL INSURANCE COMPANY has caused its official seal to be hereunto affixed,and these presents to be signed by one of its Vice Presidents and attested by one of its Assistant Vice Presidents this 22 day of October ,19;1 . THE CONTINENTAL INSURANCE COMPANY Attest: syn/► BY D� D.L Bang Assistant Vice President William Z Fo."L Vr President STATE OF CONNECTICUT 1 COUNTY OF HARTFORD J} On this 22 day of October . 1971,before me personally came William Z Fomshell,to me known,who being by me duly swum, did depose and say that he is a Vice President of THE CONTINENTAL INSURANCE COMPANY, the corporation described in and which executed the above instrument;that he knows the seal of the said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. D >E i p�NIeLhC�� "MLG~� GLORIA D.SEEKINS NOTARY PUal1C C13MFICATE AryCommissien March n,ons I,the undersigned an Assistant Vice President of THE CONTINENTAL INSURANCE COMPANY,a New Hampshire corporation,DO HEREBY CERTIFY that the foregoing and attached Powerof Attorney remains in full force and has not been revoked;and furthermore but bre Resolution of the Board of Directors,set forth in the said Power of Attorney,is now in force. Signed and sealed at the town of Farmington, in the State of Connecticut.Dated the22nd da of Junnee .19 94 Assisbm Kce President II BOND 4315M 4 `'�� Printed in U.SA CONTINUATION CERTIFICATE Surety : Continental Insurance Company Agent : The Rule Company Bond No. BND-1182433 Issue Date : 05/18/94 Bond Amount : $10, 000 Premium Amount : $150 Principal : Solag Disposal Company Obligee City of Capistrano Effective Date : 07/08/94 Expiration Date : 07/08/95 This Continuation Certificate is subject to all covenants and conditions as set forth and expressed in said bond. This Continuation Certificate is executed upon the express condition that the Company' s liability under the said bond and this and all Continuation Certificates issued in connection therewith shall not be cumulative and shall not in any event exceed the sum of the said bond in force at the time of default. Execution Date June 22, 1994 Signatures SOLAG DISPOSAL COMPANY Principal By: Surety Continental Insurance Company Attorney B /,<� o P. Brooks c'S CONTINUATION CERTIFICATE The CONTINENTAL INSURANCE COMPANY as surety on Bond No. 118 24 33 , issued on the 8TH day of JULY 1990 , in the amount of TEN THOUSAND AND N0/100 - Dollars ($ 10,000.00 ), on behalf of SOLAG DISPOSAL COMPANY Principal in favor of CITY OF CAPISTRANO ?�S Obligee 7S Y hereby continues said bond in the amount of TEN THOUSAND AND N0/100 - - - St Dollars ($ 10,000.00 ), for the period beginning the 8TH day of JULY 19 93 , and ending on the 8TH day of JULY 19 94 , subject to all covenants and conditions as set forth and expressed in said bond. �! This Continuation Certificate is executed upon the express condition that the �! Company's liability under the said bond and this and all Continuation Certificates issued in connection therewith shall not be cumulative and 1� shall not in any event exceed the sum of the said bond in force at the time of default. Dated at PASADENA this 27TH day of JULY 19 93 SOLAG DISPOSAL COMPANY Principal THE CONTINENTAL INSURANCE COMPANY Surety By � � III�SIII NRY F. WRI T J Attorney. Y Bond 4289A Printed in U.B.A. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT •.s State of California 1 �� OP1lONAL SECTION �- {l CAPACI l Y CLAMED BY SIGNER C DLRF,yTl 1 Q�` Aneelef __ _ , III In "a csa 7 10w. aein9 ao may 1, �a P�morn on ti me erre On July 27, 1993 beforerne, Irene Foster. Votary ?ublic INDIVICUAL �...¢r1109 Or-CIA.LC-- &OOE rarAXr PJlUC CORPORA,=CF-,= (S) i personally appeared den v F. Wrizht .,...as os s1eeovs7 :-LEtst personally known to me -OR•®proved to me on the basis of satisfactory evidence ❑PARTNER(S) ❑ uMt;= to be the person(s) whose name(s) is/are ❑ GENERAL subscribed to the within ins.:ument and ac- ❑ATTCRNEYaN-FACT knowledged to me tf at he/she hey exerted ❑TRUs-�(S) the same in his/her/their authorized GUA?.DLV4COKSE-nvATOR capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), ®°i" Ft Attorney or the entity upon behalf of which the IRENE FOSTER person(s) acted, executed the in-strumerm 0 Comm.0923378SIGNER IS REPRESENTING: C NOTAPT►u0:C•CAUFoaNuo WITNESS my hand and official sgal. ""'e or EP02"n'°"°�'INS LA ` JJ) The Continental Insurance �. Gnw.Eassea 1L•r iso) �' Comnanv SCAA:t/E Or MarA OPTIONAL SEGrioN THIS CER'i iFlCATE MUST BE ATTACHED TO TTCLE OR TYPE OF DOCUMENT I HE DOCUMENT DESCRrBED AT RIGMr: NUMBER OF PAGES DATE OF DOCUMENT 17ogc 7r m tgaaaW ern"s rot n�pa�G er Y,., - imus p�wMR M„�I.s namrn.ea tY sts bmt SIGNER(S)OTHER THAN NAMED ABOVE C1 992 NATIONAL NOTARY ASSOCIATION-C=Nartenae A.�-P.C.!m 7:8+•Cary¢Pane CA L 6 The Ctinental Insurance Co any 180 Main Lane, New York, New YoM0038 GENERAL POWER OF ATTORNEY Know all men by these Presents, That THE CONTINENTAL INSURANCECOMPANY has made.constituted and appointed, and by these presents does make. constitute and appoint HENRY F. WRIGHT, PASADENA, CALIFORNIA its true and!awiul atrarnev. for it and in its name. place.and stead to execute on behalf of:he said Company as surety.bonds,underakinSs and contracts of surerrship to be given to ALL OBLIGEES provided :har no bond or unde.^.aking or cantrac: of suretvship exe_wed under this authority shall exceed in amount the sum of TEN MILLION (10,000,000) DOLLARS This Power of Anomev is;ranted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 1st day of November, RESOLVED.Tat me CRannaan of the Sooed.the Y•ee Chanmun of die 3oari.:he!rerdvv.an Esecurw•e V'ae Preude•v w a Sena.Vice President w a Yce Peefdertr d:h< Cowyny,be.and:oat each a aro of yt rni 1 aumonz-w m ex nn ce 7o-en of^ttomev ta.."YetS the antro wood n the iron Parer o1 Mer••er a aeane in behad of-no Ctrmp+rty.bends.vr•dena::••Ss and air cw•tnCt of fuervvt•p:and out an Afvuant'!•ce Prte,tent,a Seateort.a an N Vaanr Seeretary be.and tM1 each w oris dthetn he•eb.i awhort:ed:p uteu:tie eaeeveton of am,uet Pp-er ef.anor..e..and to anach:hereto the feat of the Cco,, m. FURTftER RESOLVED.that:he f.setattnes of ouch ofeers and the seat of:he Compan.nuv be adixed tp any wet Po a attorney w to an.rrtttrate relahns chert faoi•mue.and an.foot Po-er of An*r a Cen-rple xanr•S 3u hvs:aturn or iaawi4e eat than be talc and b•ndoSuoon the Company-hen w,A.eland u+yei�>e -vh respeC m any Sent.ue•dern4ins a epntnC of tuetYatt•p w-h.eh rt K ararned.' In witness Whereof, TF;.--- CC,%T;N'c.ATAL INSURANCE COMPANY has caused its offidal seal to be hereunto affixed, and these presents to be signed by one of its vice Presidents and anes:ed by one of its Assistant Vice Presidents this lsr day of may. 1985. THE CONTINENTAL INSURANCE COMPANY Attest: By Z" :. Rocs W.Adter.Sr_bsn:ant Y¢e P-W'dent `moi Micuel L Seer Yce Pte,ident STATE OF NEW YORK ) COUNTY OF NEW YORK J} On this 1st day of May,1985,before me personally came Michael J_Beemaert,to me known,who being by me duly swom,did depose and say that he is a Vice President of THE CONTINENTAL INSURANCE COMPANY.the corporation described in and which executed the above instrument:that he knows the seal of the said corporation;that the seal affaed to the said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order_ i j W ra.eM MOTKT 11.IR1C$tale dire+.•oh aaa 2a�fOtlT Quxi,w fr> ck JI Cw+f• as,ef Glia Mock rand ]0.7706 CERTIAGTE L the undersigned,an Assistant vice President of THE CONTINENTAL WSURANCE COMPANY,a New Hampshire corporation.DO HEREBY CERTIFY that the forego"trg andattadsed Power ofAnomey rennins is hall force and has not been rewked.and furthermore that the Resolution of the Board of Directors,set forth in the said Power of Horny,is now in force. Signed and sealed at the Cry of New York,is the State of New York.Opted the 27 day of JULY ,19 93 tta'_~ 2 t-. {atmea M.eerie, uM1a Mrfte V'ee wAmt ity \� it 80Np 43151. Primed in US.A c'S CONTINUATION CERTIFICATE The THE CONTINENTAL INSURANCE COMPANY as surety on Bond No. 118 24 33 , issued on the 8TH day of JULY 19_10 , in the amount of TEN THOUSAND AND N01100 - - Dollars ($ 10,000.00 ), on behalf of SOLAG DISPOSAL COMPANY Principal in favor of CITY OF CAPISTRANO CA Obligee hereby continues said bond in the amount of TEN THOUSAND AND NOf100 - Dollars ($ 10.000.00 ), for the period beginning the 8 day of JULY 19 92 , and ending on the 8 day of JULY 19 93, subject to all covenants and conditions as set forth and expressed in said bond. This Continuation Certificate is executed upon the express condition that the Companyvs liability under the said bond and this and all Continuation Certificates issued in connection therewith shall not be cumulative and shall not in any event exceed the sum of the said bond in force at the time 7s of default. II Dated at PASADENA this 8 day of JULY l9 92 5! SOLAG DISPOSAL COMPANY Principal By THE CONTINENTAL INSURANCE COMPANY Surety By Attorney. 4� n H Y F. WRIGHT y• Bond 4289A Printed in U.S.A. �w State of California County of Los Angeles on July 8, 1992 before me Irene Foster the undersigned Notary Public, personally appeared Henry F. Wright , [ ] personally ]mown to me [ %) proved to me on the basis of satisfactory evidence to be the persou(s) who executed the within instrument as Attorney or on behalf of the corporation named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. IRENEFOSTER NOTARY P11LIC•CALIFORNp Notary's Signature PRINCIPAL OFFICE IN ■ LOS ANGELES COUNTY i# pyWui�siooExpires Mu.5.1993 ti M The COtinental Insurance Coripany 180 Maiden Lane, New York, New York 10038 GENERAL POWER OF ATTORNEY Know all men by these Presents, That THE CONTINENTAL INSURANCE COMPANY has made,constituted and appointed, and by these presents does make, constitute and appoint HENRY F. WRIGHT, PASADENA, CALIFORNIA its true and lawful attorney,for it and in its name.place,and stead to execute on behalf of the said Company,as surety,bonds,undertakings and contracts of suretyship to be given to ALL OBLIGEES provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of TEN MILLION (10,000,000) DOLLARS This Power of Attornev is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 1st day of November, 1977: -RESOLVED.:hat the Chairman of the Bond,the Vice Chairman of the Board.the Presidms.an Executive Vice President or a Senior Vice President or a Vice President of the Company,be.and that each or any of them is.authorized to execute Poy.ers of Anomey qualifying the artomey named in the given Power of Anomer to execute in behalf of the Company.bonds.undertakings and all contracts of suretyship:and that an Assistant Vice President,a seaerary or an Assistant Secretary be,and that each or any of them hereby is, awhonzed to arrest the execution of any such Powe of Aaornev,and to arch thereto the seal of the ComPany. FURTHER RESOLVED,that the ugrtures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Anomer mcemfiete bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future wsth respect to any bond,undertaking or conoxt of swerysh,p to which it is arched." In Witness Whereof, THE CONTINENTAL INSURANCE COMPANY has caused its official seal to be hereunto affixed, and these presents to be signed by one of its Vice Presidents and attested by one of its Assistant Vice Presidents this 1st day of May, 1985. THE CONTINENTAL INSURANCE COMPANY Attest: By Robert W.Adler,Sr_Assistant Vice President ''�•✓ Mxfud L Blerruen.Vice President STATE OF NEW YORK COUNTY OF NEW YORK On this 1st day of May,1985,before me personally came Michael J.Beemaert,to me known,who being by me duly sworn,did depose and say that he is a Vice President of THE CONTINENTAL INSURANCE COMPANY,the corporation described in and which executed the above instrument;that he knows the seal of the said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. .Oiaar=n� L �•:s-�e1�" ETHEL TARANTO NOTARY PUBLIC,State of New York No.24-4661117 Qual n Kings County CERTIRCATE Commission Expires March 30. 1966 I, the undersigned,an Assistant Vice President of THE CONTINENTAL INSURANCE COMPANY,a New Hampshire corporation, DO HEREBY CERTIFY that the foregoing and attached Power ofAttomey remains in full force and has not been revoked;and furthermore that the Resolution of the Board of Directors,set forth in the said Power of Attorney,is now in force. Signed and sealed at the City of New York,in the State of New Yodt- Dated the 8 day of JULY ,1992 lames M. • Keane,Assistant Vice President ..;.I :' 11 BOND 431 SL Printed in U.S.A. KI A001$1/® CERTIFICAV OF INSURANCE ISSUE DATE(MM/DD/YY) PRODUCER THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORM AWOWLD CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE SOI IC Waste Ins . Mars . POLICIES BELOW. PO Box 7217 COMPANIES AFFORDING COVERAGE Pasa6enag 'CA 91109-7317 COMPANY 1 A LETTER NATIONAL SURETY CORP . ( F.F. ) COMPANY B INSURED LETTER NATIONAL SURETY CORP. ( F .F . ) 5olag Uisposal � Inc . COMPANY j LETTER C Etal . GENEPAL SECURITY INS . Co. P Box 1100 COMPANY LETTER D San Juan Capist CA 92693 COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS l CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, I EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. j CO POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/VY) GATE(MMIDO/VV) LIMITS A GENERAL LIABILITY MXG80636080 12/21/95 1.2/ 21/96 GENERAL AGGREGATE $ 200000C X COMMERCIAL GENERAL LIABILITY PRODUCTS-CCMP/OP AGG. $ ) (100000 CLAIMS MADE X OCCUR. PERSONAL&ADV. INJURY $ 1000000 X OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $ 100 0(,OC FIRE DAMAGE(Any one fire) $ 5 l,1(,DG MED.EXPENSE(Any one person) $ I B AUTOMOBILE LIABILITY MXG80636080 12/21/95 12/ 21/96 COMBINED SINGLE $ 1000C,0 Cl ! X ANY AUTO LIMIT ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE S C EXCESS LIABILITY UB60997 12/21/95 12/21/96 EACH OCCURRENCE $ lC/OCO'G o` X UMBRELLA FORM AGGREGATE $ I( 00D0or) f OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY LIMITS EACH ACCIDENT $ AND DISEASE—POLICY LIMIT $ EMPLOYERS'LIABILITY s DISEASE—EACH EMPLOYEE O OTHER �—� I, IV rn DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS }�r C7 RE : RUBBISH HAULING 10DAY NQTIC CARHELLgON IN ENDORSEMENT CG2010 ATTACHED THE EVENT:DI`NON PANT PREMIUM CERTIFICATE HOLDER CANCELLATION u'1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO CITY OF SAN JUAN CA P I ST RANO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE CITY CLERKS OFFICE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 3I 4 D U PASS( ADFLANITO LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. SAP: JUAN CA PISTRANO, (,Q 92675 AUTHORIZED REPRESENTATIVE �/ j1rf''' �'- ACORD 25-S (7/90) - t '1F3D CORPORATION 1990 1— lC: 0 0 POLICY NUMBER: MXG80636080 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE RE: RUBBISH HAULING Name of Person or Organization: CITY OF SAN JUAN CAPISTRANO CITY CLERKS OFFICE 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED(Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work"for that insured by or for you. CG 20 10 11 85 Copyright. Insurance$ervices Office, Inc., 1984 Named Insureds SOLAG DISPOSAL,INC. SAN CLEMENTE COMMERCIAL,INC. JAMES KOUTROULIS,DBA: CAPISTRANO SWEEPER SERVICE END WASTE,INC. TOM TRULIS, INDIVIDUALLY APOLLO LIMITED,A CALIFORNIA CORPORATION APOLLO LEASING,INC.DBA: APOLLO FINANCIAL SERVICES GARDEN GROVE COMMERCIAL,INC.DBA: JAYCOX COMMERCIAL, INC.AND DBA: OMS OBEZAG MAINTENANCE SERVICE,INC. COSMOS,INC. GARDEN GROVE COMMERCIAL,INC. ORANGE SWEEPING SERVICE CUSTOM RECYCLING, INC. TOURNAMENT GOLF ASSOCIATION, INC. POLICY NUMBER: AS PER CERTIFICATE AUTHORIZED REPRESENTATIVE: �t1r .�/ • �, ate,► • A MEMBERS OF THE CE IL COL COLLENE CAMPBELL GIL JO HART DIIUO UtE nncorroruu CAROLYNB If NASH titer 76 1961 DAVID ySWEADUN 1776 November 28 1995 • • CITY MANAGER GEORGE SCARBOROUGH Solag Disposal, Inc. P.O. Box 1100 San Juan Capistrano, CA 92693 Re: Renewal of General Liability and Automobile Liability Certificates of Insurance (Rubbish Hauline) Gentlemen: The General Liability and Automobile Liability Certificates of Insurance, regarding the above- referenced service, are due to expire on December 21, 1995. In accordance with your agreement, the insurance certificates need to be renewed for an additional period of one year. The agreement requires a general liability endorsement form naming the City of San Juan Capistrano as an additional insured. I have included a City approved endorsement form to submit to your insurance company; however, your insurance company may provide their own endorsement form. Please forward the updated certificates and the endorsement form to the City, attention City Clerk's office, by December 27, 1995. If you have any questions, please contact me at (714) 443-6310. Thank you for your cooperation. Very�tr�ullyy yours, '`.I "�AAN&W-t4L Dawn M. Schanderl Deputy City Clerk Enclosure cc: yCheryl Johnson, City Clerk Douglas Dumhart, Management Analyst II 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 • (714) 493.1171 �l (�A ] *'/ML ISSUE DATE (MMIODNY) CERTIFI+CA 1NS'�RANCE 04105195 FRODUCM - THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE Akasaka Ortiz& Varela POLICIES BELOW. Insurance Asociates Inc. P. 0.fox 14080 COMPANIES AFFORDING COVERAGE Orange CA 92613-4080 COMPANY A Californiaornia Compensation E ER J COMPANY B ............ .......... ........ .._... .._._... ..._ LETTER INSURED COMPANY G. Solag Disposal, Inc. LETLER P.O. Box 1100 COMPANY D San Juan Capistrano CA 92693 LETTER COMPANY E LETTER COk6RAfl .. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO - TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE :POLICY IOPIRATIDN LIMITS LTR'. DATE (MMIDDNY) DAM MMIDDIYY) GENERAL LIABILITY : GENERAL AGGREGATE S COMMERCIAL GENERAL LIABILITY - : - PRODUCTSCOMPIOP AGO. S CLAIMS MADE :OCCUR, : PERSONAL 8 ADV.INJURY $ ..... OWNER'S 8 CONTRACTOR'S PROF :, : EACH OCCURRENCE E - FIRE DAMAGE(My one(le) E MED.EXPENSE(My ci»perbn)E AUTOMOBILE LIABILITY COMBINED SINGLE S ANY AUTO 'LIMIT ALL OWNED AUTOS :BODILY INJURY $ SCHEDULED AUTOS : - '(Per Mrwn) HIRED AUTOS :BODILY INJURY E NON-OWNED AUTOS : :(Per acctlenp GARAGE LIABILITY PROPERTY DAMAGE S EXCESS LIABILITY !EACH OCCURRENCE E UMBRELLA FORM AGGREGATE E OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION : - STATUTORY LIMITS A AND W954117381 : 04101195 04101196 EACH ACCIDENT E 1000000 DISEASE-POLICY LIMIT E 1000000 EMPLOYERS'LIIIBKITY DISEASE-EACH EMPLOYEE E 1000000 OTHER R - 10 days nonce of : A cancellation for nonpay- ment or nomerporting. - -� DESCRIPTION OF OPERATIONB40CATIONSIVFRICLEuMCML REAS m _ rn w 6 CER`[iFICATE}iOLDER CAN CELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEWME THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR IO City of San Juan Capistrano MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Engineering Division LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 32400 Paseo Ade[anto LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. San Juan Capistrano CA 92675 ',AUTHORIZED REPRESENTATIVE 'I Ronald E. Meek - ACQHD 85-5 (7{981 ®ACOfi.D COEtt*ORII'ItOR 1989 010 • ason • MEMBERS OCOLTHE NE CAMPBELL MAT r IE CAMPBELL GLUT MART CAROL E$ � m+unelo � 1961 caROLVN NASN 1776 DAVID SWERDLIN CDY MANAGER � GEORGE SCARBOROUGH March 21, 1995 Solag Disposal Inc. P.O. Box 1100 San Juan Capistrano, CA 92675 Re: Renewal of Workers' Compensation Certificate of Insurance (Rubbish Haulingl Gentlemen: The Workers'Compensation Certificate of Insurance, regarding the above-referenced service, is due to expire on April 1, 1995. In accordance with your agreement, the insurance certificate needs to be renewed for an additional period of one year. Please forward an updated certificate to the City of San Juan Capistrano, attention City Clerk's office, by April 7, 1995. If you have any questions, please contact me at (714) 443-6310. Thank you for your cooperation. Very truly yours, p�, �� Q Dawn M. Schanderl Deputy City Clerk cc: Cheryl Johnson, City Clerk Douglas Dumhart, Management Analyst II 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171 wooF IIUArMe BB E DATE (MMgDn 03/91194 .. PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE Aksssks Ortiz i Varela POLICIES BELOW. Insurance Associates Inc. ..............-._._._...................._.........................._....__._..._.............................................._._................... ..... P. O. Bo: 14080 COMPANIES AFFORDING COVERAGE Orange CA 82613.4080 .................. . coMPANY A Zenith Insurance Company ~� ETTER ..................................._............_......................................................................................._............................ COMPY B INSURED LETTERAN /' T O ... .. .......... ._.. .... ..... .:r.. - .......... ..... .... ... ............. COMPANY C - $ala9 Disposal, Inc. LETTER - P.O. Boz 1100 San Juan Capistran CA 92693.0000 LETTERD 9 :......................................_._......................_.........................................._................. ....................................... COMPANY E LETTER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ............ _._._.. ... ...... .............................. . .......... ................ .. ............ .. ........... CO TYPE OF fJSURANCE POLICY NUMBER POLICY EFFECTIVE 'POLICY EXPIRATION LIMITS DATE (MMOD" DATE(MM)DDfM .... ......._.. ..... ......._.... ......... .__...._..._ ... ............. _._...._.. ............. GENERAL LIABILITY GENERAL AGGREGATE :f COMMERCIAL GENERAL LIABILITY PRODUCT$-COMPIOP AGO. f ...._.. ........... .._...._.. ......... .................. CLAMS MADE OCCUR, ( PERSONAL 8 ADV INJURY :f OWNER'S f CONTRACTORS MOT. EACH OCCURRENCE........ ............... .. ........................................... .......... FIRE DAMAGE(Arty oro fire) f MED.EXPENSE(MY aro Person)f .. ... _..._._ :_..... ..... ......... ...._:... _._......... ............ .. ...................... .. .............. AUTOMOBILE LIABILITY COMBINED SINGLE MY AUTO LIMIT :,f ALL OWNED AUTOS ................. ...._._._ ._....._........ BODILY INJURY SCHEDULED AUTOS : :(Per Person) f .._.............. .... .......... ............. HIRED AUTOS BODILY INJURY NOWOWNED AUTOS ;(Por eocdeni) f ...._......... ....... .._.........._ ........... GARAGE LIABILITY :PROPERTY DAMAGE f ... ..... ......... ..._........ .'.._._._... ._:... ....._._..... :...._........... .......... _._._........ _.......... EXCESS LIABILITY : EACH OCCURRENCE f UMBRELLA FORM : : AGGREGATE f .. OTHER THAN UMBRELLA FORM _....... ._... ,.. WORKER'S COMPENSATION ....._. :STATUTORY LIMITB - A AND P69969 64/91/94 94/91/96 EACH ACCIDENT f 1000000 - :DISEASE-POLICY LIMIT f 1900000 EMPLOYERS'LIABILITY - .................._.........._._._..._._.......................................... DISEASE-EACH EMPLOYEE f 1909000 OTHER DESCRIPTION OF OPERATIONSLOCATIONSNEHICLESSPECAL ITEMS .... _. CEEt1TFICl{TE NQ1 ORR OANCkLLJ4TfON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVORXKYXX CITY OF SAN JUAN CAPISTRANO MAIL 30- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE ATTN: CITY CLERKS OFFICE LEFT, SMXURCK)OLVXKXMRRMXXXZXXDCATJMBRXXXXXXXXX 32400 PISEO ADELANTO MMK)VrX= XXi(RKPROGEKXKKMRXXXXXXXX SAN JUAN CAPISTRANWA 92675 NON PAYMENT OF PREMIUM _ AUTHOiLOPD REPRESENT/ ACOAO R4S lgQ} �ACOAE! CO[#pOR.... ..ltJ'♦ 010 iai�e CE............ Ti�ICAT �F �rl �f■ �fw ME DAM (MWMOn ........03/31/94.. .. PRODUCER sTHIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND �/ CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE Akasake Onix & Varela POLICIES BELOW. Insurance Associates Inc. _.. ...... ......... _... ... .... ... .. ... P. G. Box 14080 COMPANIES AFFORDING COVERAGE Orange CA 926134080 CCOMMPPAANY A Zenith Insurance Company LETT _.. COMPANY B INSURED : LETTER CO Solag Disposal, Inc. LLETTER Y C +� P.O. Box 1100 - — COMPANY D San Juan Capistnn CA 92693.0000 LETTER - S L COMPANY _ E LETTER 1 ..., .' i: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY,PERIOO INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 00 LTR TYPE OF INSURANCE - POLICY NUMBER POLICY EFFECTIVE .POLICY EXPIRATION DATE (MMMO/M DATE(MM)DD" LIMITS GENERAL LVBLm _ , GENERAL AGGREGATE 3 COMMERCIAL GENERAL LIABILITY i ._.............. ._ ....... ......._.._... ............... PRODUCTS-COMPtOP AGG. .f CLAIMS MADE :OCCUR. ......... PERSONAL 6 ADV.INJURY.... .f OYMEfi'S S CONTRACTORS PROT. EACN OCCIWRENCE f _ FIRE OMIAGE(My one Ara) f MED.EXPENSE(My ane person);f AUTOMOBILE LIABLm COMBINED SINGLE ANY AUTO LIMB f ALL OWNED AUTOS ! .... - - _.. _.... .. BODILY IN•ugr :s SCHEDULED AUTOS (Per parson) HIRED AUTOS ', BODILY INJURY NON.OVMED AUTOS (Par exManU :S GARAGE LIABILITY .. ......... ......... ... PROPERTY DAMAGE :f EXCESS LNBLm .._.. _ EACH OCCURRENCE f UMBRELLA FORM AGGREGATE :5 OTHER THAN UMBRELLA FORM WORI(EiTS COMPENSATION STATUTORY LIMITS A uJD P59969 - 04/01/94 04/01/95 EACH ACCIDENT AND 1000000 DISEASE-POLICY LIMIT S 1000000 EMPLOYERS'LIABILITY : _ DISEASE-EACH EMPLOYEE :i 1009000 OTHER a10 DAYS NOTICE OF CANCELLATION FOR THE NONPAYMENT OF PREM. DESCRIPTION OF OPERATgNSLOCATpNSNE111CLES5PECIFL RENS CSRITCATB•Ht5LC9R CANCELLATIGxY .? SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE 's EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO City of San Juan Capistrano MAIL " DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Engineering Division LEFT, BUT FAILURE TO MNL SUCH NOTICE SHALL IMPOSE NO 013UGATION OR 32400 Paso* Addanto UABIUTY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES, San Juan Capistrano CA 92675 AUTNORIffD REPRESENTATIVE RONALD E MEEK ACOHO.BB+$ �Afe`1RiD:'CO kC1RX'.f10Af.1990 010 MEMBERS OF THE CITY OOUNOiL COLLGARY L. CAMPBELL GARY L.HAUSDORFER GILJONES CA CAROLVN NASH alxnuxio 1961 JEFF VASOUEZ 1776 • • CITY MANAGER GEORGE SCARBOROUGH March 22, 1994 Solag Disposal P.O. Box 1100 San Juan Capistrano, CA 92675 Re: Renewal of Workers' Compensation Certificate of Insurance (Rubbish Hauling) Gentlemen: Thank you for the Certificate of Insurance, which was received by the City of San Juan Capistrano on March 22, 1994. The expiration date on the certificate received is April, 1, 1994. The City will need an updated certificate of insurance. Please forward the updated certificate by April 8, 1994. If you have any questions, please contact me at(714) 443-6310. Thank you for your cooperation. Very truly yours, Dawn M. Schanderl Deputy City Clerk cc: Cheryl Johnson, City Clerk Douglas Dumhart, Management Assistant II 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171 AC401.D® ERTIFtCA' ` FIN UR NSE E3UE�;� (MALDDAO 00 03/41194... . PROOl1CAI THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND s CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE '�. DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE A4ascka Ortls i Varela POLICIES BELOW. E arance Associates Inc. 11 11..01 111. 0. Des 14080 COMPANIES AFFORDING COVERAGE Orange CA 945/3.4080 LANY A Zenith insurance Company . 1111 . . . .. ... . . .. .. .. :�...... 1111.. COMPANY B .._._...... _.........._... ....._.... _........1111 ._......__ LETTER NSURm ti ANY sola# Disposal, Inc. LETTER C I.O. Das IIGO ;... _....... _...... . 1111.... 1111.. �.:..... _......_ .... Son Joan Coplslran CA 94593.0000 LEITER D ... _.. . .... ......... ..... n...... .. 1111. COTEANY E ''`��`�� .. v �3' •fir:° ::e:'!. . , ;,�.,..;-.,•�;: ,,. .� . 1::,111.. , THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LT TYPE OF INSURANCE 111 1 POLICY NUMBER POLICY EFFECTIVE :POLICY EXPIRATION LIMITS LTR DATE (MMA)DNY) DATE(MMODHY) ,.. ....... 1111. ......... 1111 ... .. 1111... GOIOiAL LMSl1TY : GENERAL AGGREGATE S CdaIDiCML OFJIEAAL LIABILITY PRODUCTSCOMPATP AGO. S MEL ......... 1111... .N � 1111 . :. CLAM MAX occLR. PERSOLUL 6 Any. A :::...:..'... N ..._...... .......... ......... .................. OwA/ER8 6 CdIrRACTOR9 PHOT. '. '. FhC11 OCCURRENCE $ FRE DAMAGE(A^Y ane kF) 1111... ......__. ....._..........._....... .. ..........._ 1111 ... ............111..................1..11....1 MED.EXPENSE(A,N aro pa,aon):$ -AUTOMOBILE LIABILITY COMBINED SINGLE ._..... ANY AUTO LIMO if ALL OVMED Auros BODILY INJURY _....... SCHEDULED AUTOS '., (Pe,ww) $ HIRED Aures BODILY INJURY NDN-OWNED AUTOS (Pe,ii= Q s .i GARAGE LVALRY L.......:. PROPERTY DAMAGE S ......... 1111... ..... 1111 EXCESS LVBLIT _...... 1111. _1111.. .. EACH OOGURRENCE.1111. .S UMBRELLA FORM �:AGGREGATE -H ...1........... ._.. ..._...._.. ......._... .....111.1..... 1111..1111 .._......... ._:_.... 1111....11.11 1-- 11—. ........._._... ............... .......... NORNEWS COMPENSATION - STATUTORY LIMITS A AND P59305 04/0+193 0410+194 EACN ACCIDENT f 1000000 EMPLOYERS LIABILITYDISEASE-POLICY LIMIT S 1000000 ' DISEASE-EACH EMPLOYEE 'i 1000000 .......... _._... ............. ........... ........ 1111 1111... ......... 1:111... _.... ........... _....... ........._._ .............. OTHER '•10 DAYS NOTICE OF CANCELLATION FOR THE NONPAYMENT OF PREM. .. .............._. ........ . ......... ..._................................. ....._........ ............. 1111._........... ...._..._... __........... ..........1111... .__.._.... DESCRIPTION OF OPOIATIONMOCATONSNEMO ESWWLAL ITEMS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WlEt EI dB6WOR f8 CITY OF SAN JUAN CAPISTRANO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE ATTNI CITY CLERKS OFFICE :::):: LEFT, 34400 PASNO ADKLANTO SAN JOAN CAPISTRANiA 94575 ' :<'IAUTIIOR®RE NF '1 PTIESEIlfAT 7 RONALD [. M[EK Gr(� f L AL"'MIA ;¢ A/Y O tlRX tbN 99fNt :s 830 r ) MEMBERS OF THE CITU COUNCIL o E CAMPBELL GARY L.ILAUSpORFER JONE{1� - S CA JONE L��,`! 'mlolralllnl CAROLYN NASH a ItuWtnl 1961 JEFF VASQUEZ 1776 • • CITY MANAGER GEORGE SCARBOROUGH March 15, 1994 Solag Disposal P.O. Box 1100 San Juan Capistrano, CA 92675 Re: Renewal of Workers' Compensation Certificate of Insurance (Rubbish Hauling) Dear Gentlemen: The Workers' Compensation Certificate of Insurance, regarding the above-referenced service is due to expire on April 1, 1994. In accordance with your agreement, the insurance certificate needs to be renewed for an additional period of one year. Please forward the updated certificate to the City, attention City Clerk's office, by the April 1 st expiration date. If you have any questions, please contact me at(714)493-1171 extension 243. Thank you for your cooperation. Very truly yours, lutol aha_ zdz 11, Dawn M. Schanderl Deputy City Clerk cc: Cheryl Johnson, City Clerk Douglas Dumhart, Management Assistant II 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493.1171 ............ .................... ...... ISSUE DATE(MM/DO/YY) _C IN RA RTIFIGA E NCE ........... .......... ............ .......... T 12/29/94 In PRODUCER THIS CERTIFZ4EE�I;�ISSUED A TER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE LQW IX!!.lid Waste Ins. Mgrs. e COMPANIES AFFORDING COVERAGE P.O. Box 7072 COMPANY Pasadena, CA. 91109 LETTER A CALIFORNIA INS. CO. (ODRBGIS) COMPAN LETTER Y B CALIFORNIA INS. CO. (COPE&GIS) INSURED Solag Disposal, Inc. LETTER COMPANY C GENERAL SECURITY (AMR. EMS) Stal. COMPANY PO Box 1100 LETTER D San Juan Capist CA 92693 CEOMTTPANY E ........................... .............. .......................... .. --- --- - - - - -- - - ------- . .. . ........... ............................................... ............................................. .................. ........... ...... ..................... THIS 18 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT To WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 19 SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. DO TYPE OF INSURANCE POLICY NUMBER POLICY EFF. POLICY EXP. LIMITS LTR DATE(MM/DD/YY)DATE(MM/DD/YY) * GENERAL LIABILITY TR9132752 12/21/94 12/21/95 GENERAL AGGREGATE 2000000 X COMM. GENERAL LIABILITY PROD-COMP/OP AGO. 1000000 CLAIMS MADE�X DCC. PENS.&ADV.INJURY 1000000 X DWNER'S&CONTRACT'S PRO T EACH OCCURRENCE 1000000 FIRE DAMAGE Ona F Lei 50000 MED. EXP.(One Per) 5000 * AUTOMOBILE LIABILITY TR9132752 12/21/94 12/21/95 COMBINED SINGLE 1000000 X kNY AUTO LIMIT kLL OWNED AUTOS BODILY INJURY ICHEDULED AUTOS (Per person) X 1RED AUTOS BODILY INJURY X 9ON-OWNED AUTOS (Per accident) 3ARAGE LIABILITY PROPERTY DAMAGE * EXCESS LIABILITY UR60561 12/21/94 12/21/95 EACH OCCURRENCE 10000000 F MORELLA FORM AGGREGATE 10000000 9 THER THAN UMBRELLA FORN .................................. ......... _-ISTATUTORY LIMITS. WORKER'S COMPENSATION EACH ACCIDENT AND DISEASE-POLICY LIMIT EMPLOYERS'LIABILITY DISEASE-EACH EMP. OTHER 70 O DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS REs RUBBISH HAULING ENDORSZNMMT CG2010 ATTACH= ..................... ................ .......... ....... ........ CEUATIOtC '.T jCAjT*0wER ......... ...... .......................... SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE CITY OF SAN JUAN CAPISTRANO LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR CITY CLEWS OFFICE LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. 32400 PASNO ADELANTO SAN JUAN CAPISTRANO, CA 92675 AUTHORIZED REPRJTATIVE 7 • , F— Named Insureds---Ei SOLAG DISPOSAL, INC. SAN CLEMENTE COMMERCIAL, INC. JAMES KOUTROULIS, DBA: CAPISTRANO SWEEPER SERVICE END WASTE, INC. TOM TRULIS, INDIVIDUALLY APOLLO LIMITED, CA CALIFORNIA CORPORATION APOLLO LEASING, INC. DBA:APOLLO FINANCIAL SERVICES GARDEN GROVE COMMERCIAL, INC. DBA: JAYCOX COMMERCIAL, INC. AND DBA: OMS OBEZAG MAINTENANCE SERVICE,INC. COSMOS, INC. GARDEN GROVE COMMERCIAL,INC. ORANGE SWEEPING SERVICE CUSTOM RECYCLING TOURNAMENT GOLF ASSOCIATION, INC. POLICY NUMBER: AS PER CERTIFICATE L a AUTHORIZED REPRESENTATIVE: POLICY NUMBER: 179052 •COMMERCIAL GENERAL LIABILI T Y THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: CITY OF SAN JUAN CAPISTRANO RE: RUBBISH HAULING CITY CLERKS OFFICE 32400 FASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (If no entry appears above.information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown .n the Schedule. but only with respect, to liability arising out of "your work" for that insured by or for you. CG 20 10 11 85 Copyright. Insurance Services Office. Inc.. 1984 K� 11C A,�/01110® CERTIFICAR OF INSURANCE ISSUE DATE(MM/DD/YY) 12/27/94 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND • CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 50J id Waste Ins . Mgrs . POLICIES BELOW. P .C . Box 7072 Pasadenas CA. 91109 COMPANIES AFFORDING COVERAGE COMPANY LETTER A California Ins Cc ( Coregis ) COMPANY B INSURED LETTER California Ins CO (COregis ) SOIag Disposal ) Inc . COMPANY E t a I . LETTER PO Box 1100 COMPANY San Juan Caoist CA 92693 LETTER D COMPANY LETTER E California n s Cc (Corecis ) COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MMIDDIYY) DATE(MMIDDIYY) A GENERAL LIABILITY TR9132752 12/21/94 12/21/95 GENERAL AGGREGATE $ 2000000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG. $ 1000000 CLAIMS MADE X OCCUR, PERSONAL&ADV. INJURY $ 1000000 X OWNER'S&CONTRACTOR'S PROT, EACH OCCURRENCE $ 1000000 FIRE DAMAGE(Any one fire) $ 50000 MED.EXPENSE(Any one person) $ 5000 B AUTOMOBILE LIABILITY TR9132752 12/21/94 12/21/9 5 COMBINED SINGLE $E1000000 " X ANY AUTO LIMIT ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NONOWNEDAUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY LIMITS EACH ACCIDENT $ AND DISEASE—POLICY LIMIT $ EMPLOYERS'LIABILITY DISEASE—EACH EMPLOYEE $ E OTHER TR9132752 12/21/94 12/21/95 Physical Damage : $12000 Dec . Comp , $1sC00 De&t Coll . a 2 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS — ENDORSEMENT CGZC10 ATTACHED 10 DAY�NOTICtOf`,ZANCELLLLATIOAIN RE : RUBBISH HAULING THE EVENTOPNO EUREAWM � r .-It CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELKED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILIflNDEAVOR TO CITY OF SAN JUAN CAPISTRANO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE ATTN: DOUGLAS DUMHART LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 32 4 U C BASED A D E L A NT O LIABILITY OF ANY KIND UP T E COMPANY, ITS AGEN/S OR REPRESENTATIVES. SAN JUAN CAPISTRANC� CA 92673 AUTHORIZED REPRESENTAT ACORD 25-S(7/90) ORATION 1990 0— 0 . . , ., ? r. , • ' � 1 � I 2 _ _ _ «w .. � � M - s. ..-i �' Y' SOLAG DISPOSAL,INC. SAN CLEMENTE COMMERCIAL, INC. JAMES KOUTROULIS, DSA: CAPISTRANO SWEEPER SERVICE END WASTE, INC. T 0;4;TIRUT.IS, INDI::DUALLY APOLLO LIMITED, CA CALIFORNIA CORPORATION APOLLO LEASING,INC. DBA: APOLLO FINANCIAL SERVICES GARDEN GROVE COMMERCIAL,INC.DBA: JAYCOX COMMERCIAL, INC. AND DBA: OMS OBEZAG MAINTENANCE SERVICE, INC. COSMOS, INC. GARDEN GROVE COMMERCIAL, INC. ORANGE SWEEPING SERVICE CUSTOM RECYCLING TOURNAMENT GOLF ASSOCLA110N, INC. POLICY NUMBER: AS PER CERTIFICATE AUTHORIZED REPRESENTATIVE: POLICY NUMBER: COMMERCIAL GENERAL LIABILITY TR9132752 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE RE: RUBBISH HAULING Name of Person or Organization: CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92673 (it no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. r q9w ISSUE DATE(MM/DD/YY)Achop. CER ■C'VA ©C 'NSURAA � 12/27/93 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE Sol i d a s to Ins. M f 5 . DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE g POLICIES BELOW. P.O. 7072 Pasadenana CA. 91109 COMPANIES AFFORDING COVERAGE COMPANY A LETTER Coregis C- COMPANY B INSURED LETTER CoregisV Solag Disposal, Inc . Eta 1 . LET^TERNV Sa PO BOX 1100 rnCOMPANY San Juan Capist CA 92693 LETTER COMPANY LETTER Coregis COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DD/YY) DATE(MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ ZGOOCOO X COMMERCIAL GENERAL LIABILITY PRODUCTS COMPIOP AGE. $ 1000000 CLAIMS MADEX OCCUR. PERSONAL B ADV. INJURY $ 1000000 X OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $ 1000000 FIRE DAMAGE(Any one fire) $ 100000 MED.EXPENSE(Any one person) $ 5000 AUTOMOBILE LIABILITY1007 COMBINED SINGLE $ X ANY AUTO LIMIT ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NONOWNEDAUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY LIMITS AND EACH ACCIDENT $ DISEASE—POLICY LIMIT $ EMPLOYERS'LIABILITY DISEASE—EACH EMPLOYEE $ OTHER PHYSICAL DAMAGE $1„000 DED COMP S1s000 DED COLL DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS ENDORSEMENT CGZ0101185 ATTACHEDi`OT;C L'� tat}"-;1 PION IN RE : RUBBISH HAULING 10 DAY THE tGF NOM FAYehctl I P ,J-NT H_M {U CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF SAN JUAN CAPISTRANO EXPIRAJ16N DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO ATTN: DOUGLAS DUMHART MAIL_VV DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 32400 PASEO ADELANTO LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR SAN JUAN CAPISTRANOP CA 92673 LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ,avyf 'r ACORD 25-S(7/90) OACORD CORPORATION 1990 _. , . , ; . . , . , � . . � ; �, � . „ � . � � . , ,i , '. _ . I POLICY NUMBER: TR9129977 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: RE: RUBBISH HAULING CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92673 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CG 2010 1185 Copyright, Insurance Services Office, Inc., 1984 ❑ NAMED INSUREDS SOLAG DISPOSAL, INC. SAN CLEMENTE COMMERCIAL, INC. JAMES KOUTROULIS, DBA: CAPISTRANO SWEEPER END WASTE, INC. APOLLO LIMITED APOLLO LEASING, INC., DBA: APOLLO FINANCIAL SERVICES COSMOS POLICY NUMBER: As Per certifi t \ AUTHORIZED REPRESENTATIVE: • JVAN • MEMBERS OE CRC COUNCIL COL © COLLENE CAMPBELL GARYHAUSDORFER 3LJ' ONNES QV mlOx, lwo CAROLVN NASH tl nnuuxie 1961 -EFFVASDUEz 1776 • • CITU MANAGER GEORGE SCARBOROUGH December 7 , 1993 Solag Disposal, Inc. P.O. Box 1100 San Juan Capistrano, CA 92693 Re: Renewal of General Liability and Automobile Liability Certificates of Insurance (Rubbish Hauling) Dear Gentlemen: The General Liability and Automobile Liability Certificates of Insurance, regarding the above-referenced service, are due to expire on December 21, 1993 . In accordance with your agreement, the insurance certificates need to be renewed for an additional period of one year. The agreement requires a general liability endorsement form naming the City of San Juan Capistrano as an additional insured. I have included one of the City approved endorsement forms to submit to your insurance company; however, your insurance company may provide their own endorsement form. Please forward the updated certificates and the endorsement form to the City, attention City Clerk's office, by the December 21st expiration date. If you have any questions, please contact me at (714) 493-1171 extension 243 . Thank you for your cooperation. Very truly truly yours, ,,rte Dawn M. Schanderl Deputy City Clerk Enclosure cc: Cheryl Johnson, City Clerk Douglas Dumhart, Management Assistant II 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 ........... ........ Aii ME DATE (MM)OWM R: iINSU AN "02w ODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE Akagaka Ortiz & Varets POLICIES BELOW. Insurance Associates Inc. P. 0. Box 14080 COMPANIES AFFORDING COVERAGE Orange CA 926134M COMPANY A Zenith insurance Company CODE SUB40DE LETIER COMPA ............ ..................... ....... Ny B INSURED LEVER OMPANY Soley Disposal, Inc. CLETTER c P.O. Box 1100 COMPANY Son Juan Capistran CA 92693-0000 LETTER D COMPANY E LETTER . .... . .. .. C9 RAW N-77 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LMnS LTR DATE (MMIDDNY) DATE(MM/DDNY) GENERAL LIABILITY GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY PRODUCTSICOMPIOP AGG. CI-AIMS MADE OCCUR. PERSONA. &ADV INJURY OWNER'S&CONTRACTORS MOT. EACH OCCURRENCE FIRE DAMAGE(Any ane fire) MED.EXPENSE(My m,pifiim);$ AUTOMOBILE LIABILITY COMBINED SINGLE ANY AUTO LIMIT OYMED AUTOS BODILY INJURY SCHEDULED AUTOS (Per ww) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Pei acciden!) GARAGE LIABILITY PROPERTY DAMAGE 5 EXCESS LIABILITY EACH OCCURRENCE UMBRELLA FORM AGGREGATE OTHFR THAN UMBRELLA FORM WORKERS COMPENSATION STATUTORY LIMITS A AND P59305 0410I/93 04/01/94 EACH ACCIDENT $ 1000000 DISEASE-POLICY LIMIT loom EMPLOYERS!LIABILITY DISEASE-EACH EMPLOYEE ... 1000000 OTHER M C> OF OPERATIONSWCATIDNSAIEHICUESISPECIA-ITEMS CAM! pp ...... .... ..... .. 'M SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of San Juan Capistrano EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO Engineering Division 32400 Passo Adelanto MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Son Juan Capistrano CA 92675- LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. RESENT 9 ac11�:n® CERTIFICATE* INSURANCE _ ISSUE DATE`MM/°°/y" 12 /22/92 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, Solid W ass t e Ins . M g f s . EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW P . O. Box 7072 COMPANIES AFFORDING COVERAGE Pasadena , CA. 91109 COMPANY LETTER A CALIFORNIA INS . CO. ( IND ) COMPANY INSURED LETTER B CALIFORNIA INS . CO. ( IND ) SOI a g Disposal , Inc . COMPANY Ital . LETTER C PO Box 1100 COMPARNYD San Juan Capist CA 92693 COMPANY LETTER E CALIFORNIA INS. CO . ( IND) RAGES COV - _ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHONN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS LTR DATE(MMIDDIYV) DATE(MM/DD/YY) A GENERAL LIABILITY OR9128942 12/21/92 12/21/93 GENERAL AGGREGATE $ 2000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OPS AGGREGATE $ 1000 CLAIMS MADE X OCCUR, PERSONAL 8 ADVERTISING INJURY $ 1000 X OWNER'S B CONTRACTOR'S PROT. EACH OCCURRENCE $ 1000 FIRE DAMAG (Any one(ire) $ 100 MEDICAL EXPENSE(Any one person) $ 5 B AUTOMOBILE LIABILITY OR9128942 12/21/92 12/21/93 COMBINED X ANY AUTO SIM TINGLE $ 1000 ALL OWNED AUTOS I BODILY SCHEDULED AUTOSINJURY $ � 4f (Per person) X HIRED AUTOS BODILY w NJURY $ X NON-OWNED AUTOS ,� V (Per awitlent), GARAGE LIABILITY PROPERTY y +o, DAMAGE $ C 2 EXCESS LIABILITY � DC_ EACH AGGREGATE r L OCCURRENCE _..y 0:wm*0 $ $ OTHER THAN UMBRELLA FORM ! 4„�Ayt"QjM�° - ��y WORKER'S COMPENSATION ! MP•- [pi STATUTORY AND O V $ (EACH ACCIDENT) 6 (DISEASE—POLICY LIMIT) EMPLOYERS'LIABILITY S (DISEASE—EACH EMPLOYEE) E OTHER OR9128942 12/21/92 12/21/93 PHYSICAL DAMAGE $1 ,000 DED COMP $ 1000 DED COLL $1 ,000 DED FET DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS ENDORSEMENT CH2O101185 ATTACHED 10DAY I ICE OFCANCI►)I RE : RUBBISH HAULING TM110117OFNONPAVYHRPF1191 Ml CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL EN"EAVOR TO CITY OF SAN JUAN C A P I S T R A NO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE ENGINEERING DIVISION LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 32400 P A S E D A D E L A N TO LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR R RESENTATIVES. SAN JUAN CAPISTRANO, CA 92675 -_.._. _ ...._.... _. __. AUTHORIZED REPRESENTATIVE a ACORD 25-S (11189) ACORq CORPORATION 1989 NAMED INSUREDS Solag Disposal, Inc. San Clemente Commercial, Inc. James Koutroulis DBA: Capistrano Sweeper End Waste, Inc. Apollo Limited Apollo Leasing, Inc. DBA: Apollo Financial Services Cosmos POLICY NUMBER: OR9128942 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: RE: RUBBISH HAULING CITY OF SAN JUAN CAPISTRANO ENGINEERING DIVISION 32400 PASEO-ADELANTO SAN JUAN CAPISTRANO, CA 92675 (If no entry appears above. information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CG 20 10 1185 Copyright. Insurance Services Office. Inc.. 1984 ❑ CERTIFICATE 0{ ��SURANCE ISSUE DATE(MM/OD/YY) C {�' 'v v'.: D 2/05/93 PRODUCER THIS CERTIFICATE IS ISSUEAS A MA OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND.EXTEND OR ALTER THE COVERAGE AFFORDED BY THE Solid Warta Ins. Mgrs. P.v. BOX 7072 COMPANIES AFFORDING COVERAGE COMPANY Pasddena, CA. 91109 LETTER A CALIFORNIA INS. CO. (IND) COMPANY B CALIFORNIA INS. CO. INSURED LETTER Solag Disposal, Inc. COMPANY LETTER LETTER l� Etal. COMPANY PO BOX 1100 LETTER D San Juan Capist CA 92693 COMPANY LETTER E CALIFORNIA INS. CO. ........ ... _ _....... ......_. .......__. .._...... .. ... ... _...... ......._. ._.. .. ....._. .._........_.... ............. .__._..._ .._............ ............._ ..._......... ._... _ _........ ............... ............. . _...._. COVERAGES:_---.,:; :::. ... .;.: ... _. .. ... .... .... .. ... ...... .... . THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFF. POLICY EXP. LIMITS LTR DATE(MM/DD/YY) ATE(MM/DD/YY) A GENERAL LIABILITY OR9128942 12/21/92 12/21/93 GENERAL AGGREGATE 2000000 X COMM. GENERAL LIABILITY PROD-COMP/OP AGO. 1000000 CLAIMS MADE CC. PERS. 6 ADV. INJURY 1000000 XOWNER'S d CONTRACT'S PROI EACH OCCURRENCE 1000000 FIRE DAMAGE(One Fire) 100000 MED. EXP. One Per 5000 B AUTOMOBILE LIABILITY OR9128942 12/21/92 12/21/93 COMBINED SINGLE 1000000 X ANY AUTO LIMIT ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE EXCESS LIABILITY EACH OCCURRENCE U MBRELLA FORM AGGREGATE THER THAN UMBRELLA FOR STATUTORY LIMITS WORKER'S COMPENSATION EACH ACCIDENT AND DISEASE-POLICY LIMIT EMPLOYERS'LIABILITY DISEASE-EACH EMP. E OTHER OR9128942 12/21/92 12/21/93 PHYSICAL DAMAGE $1,000 DED COLL $1,000 DED COMP $1,000 DED FST DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS ENDORSEMENT CC20101185 ATTACHED AMENDED CERTIFICATE RE: RUBBISH MAULING +0 DAY NOTICE OF CANCeiLA7lUN IN 714E EVENT OF NON PAYMENT PREMIUM ... . .... . _......... ..._..........._ .. ......._......... . ._...... _....__... ... .............. ..... .......... ............. ............. ......_._.. _.._.... ........_..... CERTIFICATE:IRMOER GANCELLATI 4 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE CITY OF SAN JUAN CAPISTRANO LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR ATTN: DOUGLAS DUMHART r: LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92673 AUTHORIZED REPRESENTATIVE J _ 'ACORD 25-S 7790 !Yy POLICY NUMBER: OR91202 CONIERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the fallowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: RE: RUBBISH HAULING CITY OF SARI JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92673 (If no entry appears above. information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is anended to include as an insured the person or organization shown in the Schedule. but only with respect to liability arising out of your work" for that insured by or for you. CG 20 10 1185 Copyright. insurance Services Office. Inc.. 1984 C NAMED INSUREDS SOLAG DISPOSAL, INC. SAN CLEMENTE COMMERCIAL, INC. JAMES KOUTROULIS, DBA: CAPISTRANO SWEEPER END WASTE, INC. APOLLO LIMITED APOLLO LEASING, INC., DBA: APOLLO FINANCIAL SERVICES COSMOS OF INSURANCE 7 i/ i ISSUE DATE (MM/DD/YY) L i ' 10/01/92 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, Solid Waste Ins. Ml31s. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 7072 Pasadena, CA. 91109 COMPANIES AFFORDING COVERAGE COMPANY LETTER A Utah Hone Fire Insurance Co. CODE SUB-CODE COMPANY Hone Fire Insurance CO. LETTER B Utah INSURED COMPANY C Insurance Co. of Penn. Solag Disposal, Inc. LETTER Etal. COMPANY PO Box 1100 LETTER D San Juan Caplst CA 92693 COMPANY LETTER E COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS LTF DATE (MM/DD/YY) DATE (MM/DD/YY) A GENERAL LIABILITY 04468000146 12/21/91 12/21/92 GENERAL AGGREGATE 2000 rWo MMERCIAL GENERAL LIABILITY PRE CLAIMS MADE❑% OCCUR. NAINJURY NER'S&CONTRACTOR'S PROT EACH OCCURRENCE 1000 50 (ANY ONE FIRF� 5 B AUTOMOBILE LIABILITY 04468000145 12/21/91 12/21/92 COMBINEDX ANY AUTO SINGLE 1000 LIMIT ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (PR, PER,) X HIRED AUTOS BODILYX NON-OWNED AUTOS INJURY (PR.ACC.) GARAGE LIABILITY PROPERTY DAMAGE C EXCESS LIABILITY 42916655 12/21/91 12/21/92 EACH AGGREGATE X Umbrella - OCCURRENC OTHER THAN UMBR.FORM $5,000 $5,000 STATUTORY WORKERS' COMPENSATION (EACH ACCIDENT) AND EMPLOYERS' LIABILITY (DISEASE-POL. LIM.) (DISEASE-EA. EMPL.) OTHER ry m DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS - " c O N rn RE: RUBBISH HAULING - 'ie .7 s.. CE} T1FICATE HOLDER CANCELLATION T a SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO CITY OF SAN JUAN CAPISTRANO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 32400 PASEO ADELANTO LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR SAN JUAN CAPISTRANO, CA 92675 LIABILITY O Y KIND UPON THE COM ANY,ITS AGENTS OR REPRESENTATIVES. ATTENTION: DOUGLAS DUMHART AUTH I REPRESS N I E AC 255 3188 'i ' _ 6co . 307 \ ilimt-- ISSUE DATE(MM/DDIYV) 1L/-0/91 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS w NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT IMAMEND, j0I1 (: b:at. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW ce nd . Cr C , F .C . Pox 7C7? COMPANIES AFFORDING COVERAGE Pasacera , CA , 91104 COMPANY A LETTER UTAH HEME FIFE IRS C( ( KJSI COMPANY INSURED LETTER B L,T A H H C M F F I k E INS CE ( rc J S I So lag Disposal , Inc • CEMPARNYC FLaI P0 BOX 1100 COMPANY i Sar Juan Cari st CA y2F93 LETTER D COMPANY E LETTER UTAH HCME FIRE INS CO (k JS ) COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS TR DATE(MM/DD/YY) DATE(MM/DD/YY) A GENERAL LIABILITY 0 4 4(9 0 00 1 4 6 12121191 12/21/9 2 GENERAL AGGREGATE $ 2 0 0 0 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OPS AGGREGATE $ 2 0 0 C; CLAIMS MADE X OCCUR. PERSONAL 8 ADVERTISING INJURY $ 10 00 OWNER'S 8 CONTRACTOR'S PROT. EACH OCCURRENCE $ i C 0 f FIRE DAMAGE(Any one fire) $ 5 C. MEDICAL EXPENSE(Any one person) $ Ij AUTOMOBILE LIABILITY 0 4 4 f P C 0 C'.1 4 5 12 /21/91 12121102 COMBINED X ANY AUTO SINGLE $ LIMIT 1(.D C ALL OWNED AUTOS BODILY NJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY NJURY $ X NON-OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY $ DAMAGE EXCESS LIABILITY EACH AGGREGATE OCCURRENCE OTHER THAN UMBRELLA FORM STATUTORY WORKER'S COMPENSATION $ (EACH ACCIDENT) AND $ (DISEASE—POLICY LIMIT) EMPLOYERS'LIABILITY $ (DISEASE—EACH EMPLOYEE P OTHER 044( 90010145 12/21/91 12/21/92 PHYSICAL CAM AC E : $ 1 ,000 EEL F E 7 11 , 000 CEL COLLISIGiN I DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/SPECIAL ITEMS 1I P F : RUBBISH HAULING 10 DAY NOTICE OF CANCELLATION IN E h D 0 R S E M F N T C G 2 C 1 C 1 1 8 5 ATTACHED THE EVENT OF NON PAYMENT PREMIUM CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO CITY OF SAN J U AN C A P I S T 2 A N[ MAIL 3 C DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE C OM M U N I T Y F F F E V E L p P M F NT A G F C Y LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 32 4 0 0 PASFF A D F L A N TO LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. c4N JUAN CADISTPA'JL , CA +2673 - - AUTHORIZED REPRESENTATIVE (ACORD 28.8 (11/89) A `(�ACO�ATION 1919 C- C 044600146 • POLICY NUMBER: COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: RUBBISH HAULING CITY OF SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92673 (If no entry appears above. information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section ll) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your work" for that insured by or for you. CG 20 10 1185 Copyright, Insurance Services Office, Inc.. 1984 ❑ Named Insured Solag Disposal, Inc. San Clemente Commercial, Inc. James Koutroulis DBA: Capistrano Sweeper Service End Waste, Inc. Cosmos (A California Corporation) MEMBERS OF THE CITY COUNCIL LAWRENCE F BUCHHEIM KENNETH E FRIESS p � in10A,H1g1 GARY L HAUSOORFER a IV1101111 1961 GIL JONES 1776 JEFF VASQUEZ • CITY MANAGER STEPHEN B JULIAN 1�ouqlas : November 20, 1991 I haue. nn+ r ecewej +h(f ()1)da0Pd Solag Disposal Company P.O. Box 1100 San Juan Capistrano, CA 92693 Re: Renewal of General Liability and Automobile Liability Certificates of Insurance Rubbish Hauling Gentlemen: The General Liability and Automobile Liability Certificates of Insurance, regarding the above-referenced service, are due to expire on December 21, 1991. In accordance with your agreement, the insurance certificates need to be renewed for an additional period of one year. The agreement requires a general liability endorsement form naming the City of San Juan Capistrano as an additional insured. Please forward the updated certificates and the endorsement form to the City, attention City Clerk's Office, by the December 21st expiration date. If you have any questions, please contact me at (714) 493-1171 extension 243. Thank you for your cooperation. Very truly yours, Dawn M. Schanderl Deputy City Clerk cc: Cheryl Johnson, City Clerk Douglas Dumhart, Management Assistant 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 6�D•3G� ," �' '."o 7777 ISSUE DATE(MM/DD/YY) 4/15/92 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND �. CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE SEDGWICK JAMES OF CALIF. , INC. POI ICIEEL W. 18201 Von Karman, Suite 800 Irvine, CA 92715 COMPANIES AFFORDING COVERAGE COMPANY Sa LETTER A 4 �V COMPANY B INSURED LETTER .y.� Sola Disposal yoa� co a 9 P COMPANY `� n m Cameron Spicer LETTER C � r rq 33161 Camino Capistrano COMPANY yzz� v LETTER D ~ San Juan Capis CA 92693 Pacific Rim Assurance Cod`' COMPANY E LETTER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DD/YY) DATE(MM/DO/YY) GENERAL LIABILITY GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG. $ CLAIMS MADE OCCUR. PERSONAL&ADV.INJURY $ OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $ FIRE DAMAGE(Any one fire) $ MED.EXPENSE(Any one person) $ AUTOMOBILE LIABILITY COMBINED SINGLE $ ANY AUTO LIMIT ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM D WORKER'S COMPENSATION WCP04939A 4/01/92 4/01/93 STATUTORY LIMITS AND EACH ACCIDENT $ 1000000 EMPLOYERS'LIABILITY DISEASE—POLICY LIMIT $ 1000000 DISEASE—EACH EMPLOYEE $ 1000000 OTHER 10 DAY NOTICE OF CANCELLATION IN THE EVENT OF NON—PAYMENT OF PREMIUM DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO CITY OF SAN JUAN CAP I STRANO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE ENGINEERING DIVISION LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 32400 PASEO ADEL ANTO LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. SAN JUAN CAPISTRANO, CA 9267 I. AUTHORIZED SENTATIVE 33— 26 r ISSUE DATE(MMIDO/YY) '6Z W 10 N, Q Vv 4/15/92 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE SEDGWAK JAMES OF CALIF. INC. POLICIES BELOW. 18201 Von Karman, Suite 800 COMPANIES AFFORDING COVERAGE Irvine, CA 92715 q 3 COMPANY LETTER A CZ TV COMPANY INSURED LETTER B C" co i ITS Sold g Disposal COMPANY c x In Cameron Spicer LETTER M t0 m 33161 Camino Capistrano COMPANYD z San Juan Capis CA 92693 LETTER Pacific Rim Assurance Coz COMPANY E LETTER T� THIS 15 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DD/VY) DATE(MMIDD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY PRODUCTS-COMPIOP AGG. $ CLAIMS MADE OCCUR. PERSONAL&ADV.INJURY $ OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $ FIRE DAMAGE(Any one fire) $ MED.EXPENSE(Any one person) $ AUTOMOBILE LIABILITY COMBINED SINGLE $ ANY AUTO LIMIT ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM D WORKER'S COMPENSATION WCP04939A 4/01/92 4/01/93 STATUTORY LIMITS AND EACH ACCIDENT $ 1000000 DISEASE—POLICY LIMIT $ 1000000 EMPLOYERS'LIABILITY DISEASE—EACH EMPLOYEE $ 1000000 OTHER 10 DAY NOTICE OF CANCELLATION IN THE EVENT OF NON—PAYMENT OF PREMIUM DESCRIPTION OF OPERATIONSILOCATtONS(VEHtCLESISPECIAL ITEMS T SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO CITY OF SAN JUAN CAP ISTRANO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE COMMUNITY REDEVELOPMENT AGENCY LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 32400 PASEO ADELANTO LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES, SAN JUAN CAPISTRANO, CA 92673 AUTHOR) E L 33— 26