CITY OF BOISE. RECOMMENDATION: Staff and Public Works Commission recommend approval of the amended franchise agreement and rate schedule.

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1 CITY OF BOISE TO: FROM: Mayor and Council Neal S. Oldemeyer, Director ORDINANCE NUMBER: DATE: October 21, 2008 SUBJECT: Allied Waste Services Franchise Agreement ACTION REQUIRED: Adopt the ordinance approving the amended franchise agreement and rate reimbursement schedule with Allied Waste Services. RECOMMENDATION: Staff and Public Works Commission recommend approval of the amended franchise agreement and rate schedule. FISCAL IMPACT/BUDGET IMPLICATIONS: Reimbursement rates to Allied Waste Services (AWS) will increase an average of 4.6% effective January 1, This will result in an increase to trash and recycling collection expense of approximately $450,000. Separate action will be taken to adjust customer rates. BACKGROUND: The solid waste plan adopted by Mayor and Council in February 2008 recommended negotiating an extension of the current Allied Waste Services franchise agreement. The Mayor and Council were briefed on October 14, 2008, of the negotiated program modifications including the extension of the agreement for a 10-year period. Following are some of the key program changes: Fully automated residential trash collection, Co-mingled residential recycling collection on an every other week basis, Customer choice of cart size for trash and recycling, Purchase and operation of trucks powered by compressed natural gas, and City s assumption of the leadership role in public outreach and education. ATTACHMENTS: Ordinance revision, amended agreement, contract solid waste management procedures, and Allied Waste Services reimbursement rate schedule

2 ORDINANCE NO. BY THE COUNCIL: BISTERFELDT, CLEGG, EBERLE, JORDAN, SHEALY AND TIBBS AN ORDINANCE APPROVING AN AMENDED SOLID WASTE FRANCHISE AGREEMENT BY AND BETWEEN THE CITY OF BOISE CITY (PUBLIC WORKS DEPARTMENT) AND ALLIED WASTE SERVICES OF NORTH AMERICA L.L.C. (AWS) GRANTING A TEN (10) YEAR FRANCHISE EXTENSION TO AWS TO PROVIDE SOLID WASTE COLLECTION SERVICES WITHIN THE CITY OF BOISE CITY; ADDING DEFINITIONS; CLARIFYING EXCLUSIVE AND NON-EXCLUSIVE SERVICES, ADDING PROVISIONS FOR AUTOMATED WHEELED CART SERVICES; MODIFYING COLLECTION REPORTING AND SERVICE REQUIREMENTS; INCREASING THE WITHHOLDING AMOUNTS FOR FAILURE TO PERFORM; CLEANING-UP DATED AND CONTEXTUAL LANGUAGE; ADOPTING AN UPDATED RATE SCHEDULE, INCLUDING RATE INCREASE EFFECTIVE DATES, FOR REIMBURSEMENT TO ALLIED FOR SOLID WASTE COLLECTION AND DISPOSAL SERVICES; REPEALING THE PRIOR ALLIED REIMBURSEMENT RATE SCHEDULE ESTABLISHED BY ORDINANCE NO. 6616; PROVIDING AN EFFECTIVE DATE; AND APPROVING A SUMMARY OF THE ORDINANCE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BOISE CITY, IDAHO: Section 1. That the Amended Solid Waste Franchise Agreement by and between the City of Boise City and Allied Waste Services of North America, L.L.C., a copy of said Amended Agreement marked Exhibit "A" attached hereto and incorporated herein by reference, be, and the same is hereby, approved as to both form and content. Section 2. That the rate schedule for reimbursement to Allied for solid waste collection and disposal services, a copy of said rate schedule is attached hereto and incorporated herein by reference as Exhibit B. Section 3. That the rate schedule approved by Ordinance No is hereby repealed effective on January 1, I:\Legal\Legal Divisions\Enterprise Div\Ord 2008\allied solid waste extension Ord.doc O-58-08

3 Section 4. That this Ordinance shall be in full force and effect from and after its passage, approval and publication but in no instance prior to January 1, Section 5. That the summary of this Ordinance, attached hereto as Exhibit C, is approved as to both form and content. PASSED by the Council of the City of Boise, Idaho, this day of, APPROVED by the Mayor of the City of Boise, Idaho, this day of, ATTEST: APPROVED: CITY CLERK MAYOR I:\Legal\Legal Divisions\Enterprise Div\Ord 2008\allied solid waste extension Ord.doc O-58-08

4 STATEMENT OF BOISE CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. The Undersigned, DOUGLAS K. STRICKLING, in his capacity as Assistant City Attorney of the City of Boise City, Idaho, hereby certifies that he is a legal advisor of the city and has reviewed a copy of the attached Summary of Ordinance No. of the City of Boise City, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code A(3). DATED this day of, 2008 DOUGLAS K. STRICKLING Assistant Boise City Attorney SUMMARY OF ORDINANCE NO. OF THE CITY OF BOISE CITY, IDAHO PUBLIC NOTICE IS HEREBY GIVEN that the City of Boise City, Idaho, adopted at its regular meeting of, 2008, that Ordinance No. entitled: AN ORDINANCE APPROVING AN AMENDED SOLID WASTE FRANCHISE AGREEMENT BY AND BETWEEN THE CITY OF BOISE CITY (PUBLIC WORKS DEPARTMENT) AND ALLIED WASTE SERVICES OF NORTH AMERICA L.L.C. (AWS) GRANTING A TEN (10) YEAR FRANCHISE EXTENSION TO AWS TO PROVIDE SOLID WASTE COLLECTION SERVICES WITHIN THE CITY OF BOISE CITY; ADDING DEFINITIONS; CLARIFYING EXCLUSIVE AND NON-EXCLUSIVE SERVICES, ADDING PROVISIONS FOR AUTOMATED WHEELED CART SERVICES; MODIFYING COLLECTION REPORTING AND SERVICE REQUIREMENTS; INCREASING THE WITHHOLDING AMOUNTS FOR FAILURE TO PERFORM; CLEANING-UP DATED AND CONTEXTUAL LANGUAGE; ADOPTING AN UPDATED RATE SCHEDULE, INCLUDING RATE INCREASE EFFECTIVE DATES, FOR REIMBURSEMENT TO ALLIED FOR SOLID WASTE COLLECTION AND DISPOSAL SERVICES; REPEALING THE PRIOR ALLIED REIMBURSEMENT RATE SCHEDULE ESTABLISHED BY ORDINANCE NO. 6616; PROVIDING AN EFFECTIVE DATE; AND APPROVING A SUMMARY OF THE ORDINANCE. The Ordinance approves an amended Solid Waste Collection Service Franchise Agreement between the City of Boise and Allied Waste Services of North America, L.L.C. (AWS) for the provision of solid waste collection services within the City of Boise City; the amended franchise agreement extends the term of the franchise for ten (10) years until December 31, 2018; the amended franchise MLT H:\WP\CIVIL\FORMS\ORDSUM2.FRM

5 agreement amends certain definitions including those for self-haul, solid waste, solid waste container and trash; the amended franchise provides language clarifying exclusive versus non-exclusive services to be provided by AWS; the amended franchise agreement allows collected solid waste to be taken for disposal at a City-approved site; the amended franchise agreement reflects the addition of wheeled cart and commingled recycling services as AWS provided services; the amended franchise agreement adds requirements to AWS when providing Commercial Business services; the amended franchise agreement provides additional standards for AWS employee conduct and performance; the amended franchise agreement increases the monetary withholding amount to BFI for failure to timely perform services and correct deficiencies; The amended franchise agreement provides for more City involvement in the public education process; the amended franchise agreement modifies the data collection and reporting requirements for BFI; the amended franchise agreement modifies the collection hour requirements for commercial collection; the amended franchise agreement modifies the notice requirements for residential collection route plans; the amended franchise agreement establishes additional collection equipment requirements; the amended franchise agreement establishes additional standards for audits and inspections; the amended franchise agreement clarifies the payment and billing processes for AWS provided services; the amended franchise agreement provides for procedures for modifying AWS reimbursement rates; the amended franchise agreement clarifies the complaint handling process; the amended franchise agreement removes or amends franchise agreement language which is outdated or no longer applicable; the ordinance approves an rate schedule for reimbursing AWS and repeals the previous rate schedule; the ordinance provides for an effective date; and the ordinance approves this summary. The effective date of the Ordinance is the date of its passage, approval and publication and no sooner than January 1, A copy of the full text of the Ordinance is available at City Hall, 150 North Capitol Boulevard, in Boise, Idaho, in the City Clerk's Office, 1st floor. Examination or copies may be requested in writing or in person during regular business hours of the City Clerk, from 8:00 a.m. to 5:00 p.m. pursuant to the Open Records Act, Idaho Code Title 9, Chapter 3. DATED this day of, ATTEST: City of Boise City, Idaho By: JEF FAW CITY CLERK By: DAVID H. BIETER MAYOR MLT H:\WP\CIVIL\FORMS\ORDSUM2.FRM

6 EXHIBIT A Page 1 of 5 Allied Waste Systems 2009 Rate Increase Recommendations FUEL TARGET Biodiesel Fuel $ 3.00 per Gallon ALLIED DAILY MONTHLY SERVICE RENTAL RENTAL HOUSEHOLD Residential Trash $ 5.61 Residential Recycling $ 2.00 Residential Carry-out Service $ Additional Collection $ 6.86 Wheeled Cart 64 gallon N/A $ 2.74 Wheeled Cart 95 gallon N/A $ 3.08 Appliance Collection w/freon $ Applicance Collection w/o freon $ BUSINESS TRASH (Regular Commercial) 3-8 yd Dumpster Delivery $ Lid Lock $ yd Dumpster 1 / mth $ $ yd Dumpster 1 / 2 weeks $ $ yd Dumpster 1 / wk $ $ yd Dumpster 2 / wk $ $ yd Dumpster 3 / wk $ $ yd Dumpster 4 / wk $ $ yd Dumpster 5 / wk $ $ yd Dumpster 6 / wk $ $ yd Dumpster 1 / wk $ $ yd Dumpster 2 / wk $ $ yd Dumpster 3 / wk $ $ yd Dumpster 4 / wk $ $ yd Dumpster 5 / wk $ $ yd Dumpster 6 / wk $ $ yd Dumpster 1 / mth $ $ yd Dumpster 1 / 2 weeks $ $ yd Dumpster 1 / wk $ $ yd Dumpster 2 / wk $ $ yd Dumpster 3 / wk $ $ yd Dumpster 4 / wk $ $ yd Dumpster 5 / wk $ $ yd Dumpster 6 / wk $ $ yd Dumpster 1 / mth $ $ yd Dumpster 1 / 2 weeks $ $ yd Dumpster 1 / wk $ $ yd Dumpster 2 / wk $ $ yd Dumpster 3 / wk $ $ yd Dumpster 4 / wk $ $ yd Dumpster 5 / wk $ $ yd Dumpster 6 / wk $ $ 28.97

7 (per dump charges) 3 yd Additional Dump $ yd Additional Dump $ yd Additional Dump $ yd Additional Dump $ Additional Collections per Hour $ Each 5 Minute Increment $ COMMERCIAL TRASH CAN SERVICE (monthly charges) 1-6 cans 1/wk - Regular $ cans 2/wk - Regular $ cans 3/wk - Regular $ cans 4/wk - Regular $ cans 5/wk - Regular $ cans 6/wk - Regular $ cans 1/wk - Carry-out $ cans 2/wk - Carry-out $ ALLIED DAILY MONTHLY SERVICE RENTAL RENTAL Wheeled Cart 64 gallon NA $ 2.74 Wheeled Cart 95 gallon NA $ 3.08 CUSTOMER-OWNED COMPACTORS TRASH SERVICE (monthly charges) 3 Yd Compactor 1/Wk $ Yd Compactor 2/Wk $ Yd Compactor 3/Wk $ Yd Compactor 4/Wk $ Yd Compactor 5/Wk $ Yd Compactor 6/Wk $ Yd Compactor 1/Wk $ Yd Compactor 2/Wk $ Yd Compactor 3/Wk $ Yd Compactor 4/Wk $ Yd Compactor 5/Wk $ Yd Compactor 6/Wk $ Yd Compactor 1/Wk $ Yd Compactor 2/Wk $ Yd Compactor 3/Wk $ Yd Compactor 4/Wk $ Yd Compactor 5/Wk $ Yd Compactor 6/Wk $ Yd Compactor 1/Wk $ Yd Compactor 2/Wk $ Yd Compactor 3/Wk $ Yd Compactor 4/Wk $ Yd Compactor 5/Wk $ Yd Compactor 6/Wk $ EXHIBIT A Page 2 of 5

8 (per haul charges) 3 Yd Compactor $ Yd Compactor $ Yd Compactor $ Yd Compactor $ Yd Compactor $ Yd Compactor $ Yd Compactor $ Yd Compactor $ Yd Compactor $ Yd Compactor $ Yd Compactor $ Yd Compactor $ Yd Compactor $ Yd Compactor $ Yd Compactor $ Turn Around Fee - Non breakoff Compactor $ ROLL-OFFS/ON CALL TRASH SERVICE 3-8 yd Dumpster Delivery $ yd Container Delivery $ Relocations / Returns $ ALLIED DAILY MONTHLY SERVICE RENTAL RENTAL 3 yd Dumpster - Temporary $ $ yd Dumpster - Temporary $ $ yd Dumpster - Temporary $ $ yd Dumpster - Temporary $ $ yd Box - Regular $ $ yd Box - Regular $ $ yd Box - Regular $ $ yd Box - Regular $ $ yd Box - Regular $ $ yd Box - Wood Waste $ $ yd Box - Wood Waste $ $ yd Box - Wood Waste $ $ yd Box - Wood Waste $ $ yd Box - Wood Waste $ $ yd Box - Constr/Demo $ $ yd Box - Constr/Demo $ $ yd Box - Constr/Demo $ $ yd Box - Constr/Demo $ $ yd Box - Constr/Demo $ $ yd Box - Asbestos $ $ yd Box - Asbestos $ $ yd Box - Abestos $ $ yd Box - Asbestos $ $ yd Box - Asbestos $ $ 4.60 EXHIBIT A Page 3 of 5

9 EXHIBIT A Page 4 of 5 COMMERCIAL RECYCLING SERVICE ALLIED DAILY MONTHLY SERVICE RENTAL RENTAL Appliance w/freon $ Appliance w/o freon $ gal Blue Bin, 1x week $ gal Cart, 1x month $ 7.62 $ gal Cart, 2x month $ $ gal Cart, 1x week $ $ gal Cart, 2x week $ $ gal Cart, 3x week $ $ gal Cart, 4x week $ $ gal Cart, 5x week $ $ gal Cart, 1x month $ $ gal Cart, 2x month $ $ gal Cart, 1x week $ $ gal Cart, 2x week $ $ gal Cart, 3x week $ $ gal Cart, 4x week $ $ gal Cart, 5x week $ $ gal Cart, 1x month $ $ gal Cart, 2x month $ $ gal Cart, 1x week $ $ gal Cart, 2x week $ $ gal Cart, 3x week $ $ gal Cart, 4x week $ $ gal Cart, 5x week $ $ gal Cart, 1x month $ $ gal Cart, 2x month $ $ gal Cart, 1x week $ $ gal Cart, 2x week $ $ gal Cart, 3x week $ $ gal Cart, 4x week $ $ gal Cart, 5x week $ $ gal Cart, 1x month $ $ gal Cart, 2x month $ $ gal Cart, 1x week $ $ gal Cart, 2x week $ $ gal Cart, 3x week $ $ gal Cart, 4x week $ $ gal Cart, 5x week $ $ gal Cart Extra Collection $ yd Green Container, 1x month $ yd Green Container, 1x 2 weeks $ $ yd Green Container, 1x week $ $ yd Green Container, 2x week $ $ yd Green Container, 3x week $ $ yd Green Container, 4x week $ $ 11.49

10 ALLIED DAILY MONTHLY SERVICE RENTAL RENTAL 3 yd Green Container, 5x week $ $ yd Green Container Delivery Fee $ yd Green Container Extra Collection $ yd Green Container, 1x month $ yd Green Container, 1x 2 weeks $ $ yd Green Container, 1x week $ $ yd Green Container, 2x week $ $ yd Green Container, 3x week $ $ yd Green Container, 4x week $ $ yd Green Container, 5x week $ $ yd Green Container Delivery Fee $ yd Green Container Extra Collection $ yd Green Container, 1x month $ yd Green Container, 1x 2 weeks $ $ yd Green Container, 1x week $ $ yd Green Container, 2x week $ $ yd Green Container, 3x week $ $ yd Green Container, 4x week $ $ yd Green Container, 5x week $ $ yd Green Container Delivery Fee $ yd Green Container Extra Collection $ Yd Green Compactor - 1x week $ Yd Green Compactor - 2x week $ Yd Green Compactor Extra Collection $ yd Green Compactor, 1x week $ yd Green Compactor, 2x week $ yd Green Compactor, Extra Collection $ Yd Green Compactor - 1x week Yd Green Compactor - 2x week Yd Green Compactor Extra Collection Yd Green Compactor - 1x week Yd Green Compactor - 2x week Yd Green Compactor Extra Collection Yd Glass Recycle Container 1 x month $ Yd Glass Recycle Container 2 x month $ Yd Glass Recycle Container 1 x week $ Yd Glass Recycle Container 2 x week $ yd Box - Recycle $ $ yd Box - Recycle $ $ yd Box - Abestos $ $ yd Box - Recycle $ $ yd Box - Recycle $ $ 4.60 EXHIBIT A Page 5 of 5

11 AWS/BOISE CITY CONTRACT SOLID WASTE MANAGEMENT PROCEDURES Updated October 2008 OVERVIEW The Contract Waste Management Procedures (CWMP) is designed to provide the details of the day-to-day operations of solid waste services provided by Allied Waste Services, Inc. (AWS) within the city of Boise, Idaho (City). This document is an integral part of the Solid Waste Franchise Agreement (effective January 1, 2009 December 31, 2019) and shall be enforceable as part of that agreement. This document will be reviewed annually and revised by AWS and the City as needed and agreed upon. AWS and the City will cooperate fully in designing, publicizing, and implementing all solid waste programs relating to the Franchise Agreement ( Agreement ). AWS and the City will collaborate in the development of pilot projects and new programs to optimize solid waste service for the citizenry of Boise. AUTHORITY AND PRIVILEGE GRANTED Exclusivity AWS will have the exclusive authority and privilege to collect, transport, and process or dispose residential and commercially generated trash and recyclable materials designated for collection as outlined in the Agreement. Exclusivity in services shall extend to construction and demolition trash or recyclable material collection, transportation, processing or disposal in a solid waste container. The definition of trash and recyclable materials designated for collection may be amended from time to time by agreement between the City and AWS. By agreement between the City and AWS new materials may be added and AWS will be granted authorization and exclusivity for collection of those materials. The exclusive authority and privilege does not extend where declared in the Agreement to be non-exclusive. The City will protect the exclusivity of the Agreement including adopting ordinances and resolutions. Boise will provide enforcement as needed. AWS has a right and obligation to protect their interests as defined in the Agreement. AWS will notify the City by written notice of any person known to be in violation of the Agreement. AWS may seek independent legal advice and pursue legal action with consent from the City. Legal costs incurred to protect the exclusivity of the Agreement may be included in AWS s annual reimburseable expenses. 1

12 AWS/BOISE CITY CONTRACT SOLID WASTE MANAGEMENT PROCEDURES Updated October 2008 AWS RESPONSIBILITY & SATISFACTORY PERFORMANCE AWS is responsible for furnishing skill, labor, equipment, materials, supplies and utility services required for providing all services, in accord with the Agreement; for performance of work under this contract by its officers and employees; for supplying all records and information required by this agreement; for securing at AWS expense all governmental permits and license and required regulatory approvals (including those of City ordinance); for paying all applicable taxes; and for complying with applicable laws and regulations. Local Office AWS shall maintain a local office at some fixed place in the City of Boise throughout the term of the Agreement. Business hours for the office shall be, at a minimum, between 7:00 a.m. and 6:00 p.m. of each working day except Saturday in which case office hours will be from 7:00 a.m. to 2:00 p.m. Saturday office hours following a holiday, in which service has been delayed for any customers to Saturday, will be from 7:00 a.m. to 6:00 p.m. Capable and sufficient numbers of full time staff shall be stationed at said office during all working hours to respond to inquiries and receive customer contacts and complaints by telephone, or internet, and fax. AWS will maintain a telephone answering system to receive calls outside of regular business hours or during telephone or internet service outages. AWS will be required to respond to customer inquiries regardless of service outages as set forth in the AWS emergency management plan. Personnel AWS shall provide a labor force skilled in their respective duties. All AWS employees shall be competent, courteous, and do their work without delay. AWS will provide adequate, on-going training and implement employee retention programs to ensure a talented and committed staff fulfills the requirements of this contract. AWS shall maintain key full-time personnel including a General Manager, a Municipal Services/Contract Manager, and an Operations Manager. Key personnel will be identified in a written organization chart provided to the City and updated annually or when management changes. Key AWS personnel will not be replaced without prior approval of the City, which will not be withheld unreasonably. Any AWS employee deemed incompetent, disorderly, or otherwise unsatisfactory in the opinion of the City Solid Waste Manager is subject to a performance review, reassignment of duties, or removal from all work under this contract. The Solid Waste 2

13 AWS/BOISE CITY CONTRACT SOLID WASTE MANAGEMENT PROCEDURES Updated October 2008 Manager will document the unsatisfactory conduct in writing and transmit same to AWS within six (6) working days of the incident. AWS will have three (3) days to respond in writing with a remedy or strategy for employee success. If the unsatisfactory conduct is repeated, the Solid Waste Manager may request that the person is removed from all responsibilities under this contract. This decision may be appealed as defined in the contract. Field Employees AWS employees collecting trash and recyclable materials shall be courteous, exercise due care, complete their work without delay, minimize noise, and avoid damage to property. Employees shall start their shifts in a laundered uniform and be neat in appearance. Employees shall wear a uniform bearing AWS name and carry identification supplied by AWS. The identification shall be adequate to allow individuals to readily identify the person performing services on behalf of AWS. Field Employees must be capable of conveying basic collection guidelines to the public. Customer Service Employees AWS shall provide adequate numbers of professional, trained customer service staff to respond to customer inquiries regarding solid waste services, programs and issues. Customer Service employees must be courteous, detail oriented, and work without delay. All Customer Service staff shall be able to provide accurate information on all collection services available in Boise City to customers. Internal Operations AWS shall provide a summary in the annual report of the activities and actions conducted to reduce environmental impacts or implementation of environmental best management practices conducted within its business operations. Examples of AWS best management practices may include: office recycling and other material recycling, purchase of recycled content and environmentally preferred products, waste reduction, energy and water conservation, the use of low emission vehicle fuels, the use of re-tread tires, recycling of used motor oil and filters, and use of low-mercury fluorescent light tubes in AWS facilities. Contractor shall provide equipment garages, shops and yards of adequate size and sufficient arrangement to provide all weather, year-round operations. EQUIPMENT Equipment AWS shall furnish sufficient number of personnel, trucks and equipment to collect, deliver and dispose of trash and recyclable 3

14 AWS/BOISE CITY CONTRACT SOLID WASTE MANAGEMENT PROCEDURES Updated October 2008 materials collected in the City in accordance with the Agreement. Vehicles AWS shall furnish vehicles especially designed for the collection and hauling of trash and recyclable materials. All compacting collection vehicles shall be closed and water-tight. All collection equipment shall be maintained and operated in a clean and sanitary condition at the expense of AWS. All collection equipment shall be uniformly painted and marked identical within sixty (60) days of Idaho registration. At a minimum, vehicles used to collect and transport solid waste, including support vehicles, must have the company name and local phone number clearly marked on the vehicle. Dual purpose vehicles shall be provided with switchable placards that indicate the material being collected. The colors, trim scheme, and markings shall be subject to prior approval of the City. All vehicles shall, at a minimum, be licensed, lighted and DOT legal. Vehicles should be selected for performance, environmental considerations, and reliability. All AWS route, service, and supervisory (support) vehicles shall be equipped with functioning two-way communication equipment, spill response kits, first aid kits, and emergency roadside kits including flares, fire extinguishers, etc. All collection vehicles regularly used shall be less than ten (10) years old, and shall have been used for fewer than 200,000 miles unless otherwise approved by the City. Back-up vehicles used less than 30 days per year shall not be subject to the age and mileage limits that apply to regularly-used vehicles. Each vehicle shall be fully serviceable with no fluid leaks, has all safety equipment and devices fully functioning and not creating unreasonable noise. Trucks must be able to negotiate narrow alleys and city streets. AWS shall plan for such locations and ensure that collection vehicles are able to negotiate narrow streets and alleys. AWS shall notify the city of any obstructions in narrow streets and alleys that prevent safe collection of solid waste. City shall work with the Ada County Highway District to address obstructions or make alternative collection arrangements. AWS shall maintain equipment in proper working condition and work to prevent unreasonable levels of noise from collection operations. AWS shall purchase and install a global positioning system (GPS) in all trucks to assist with routing and billing. Recycling Containers 4

15 AWS/BOISE CITY CONTRACT SOLID WASTE MANAGEMENT PROCEDURES Updated October 2008 During the interim until the City and AWS implement co-mingled recycling, the collection containers are to be of size, volume, color, markings, and recyclable content (not less than 20% post consumer materials) as approved by the City. All recycling collection containers shall be recyclable and recycled at the end of their useful life. Containers are to remain the property of AWS. Recycling collection containers will be provided by AWS for Individual Household Service. Current collection containers are 18- gallon bins. One bin will be provided for each new participating dwelling unit. Customers who request an additional recycling bin will be advised they may use a similar container and set it out alongside the AWS-provided bin. Residential Complex Service customers may elect individual residential services where a recycling collection container will be provided by AWS, one for each dwelling unit. Recycling bins will be identical to those used for Individual Residential Service. Commercial Service customers may subscribe to commercial blue bin recycling services. Recycling bins identical to Individual Residential Service bins will be provided for each business subscription. All customers engaged in recycling have a responsibility for protecting bins against loss or theft. AWS may charge a fee for replacement of lost, stolen, or damaged bins. AWS will not be required to provide bins to any entity solely for indoor recycling collection with the exception of schools. AWS will keep sufficient quantities of recycling bins on hand for immediate delivery. If the number of containers on hand is not sufficient to meet demand, AWS will notify immediately the City in writing outlining a solution for consideration and approval. Failure to provide recycling containers in a timely fashion due to inadequate supplies may result in penalties as provided in the Agreement. Wheeled Carts During the interim until the City and AWS implement fullyautomated wheeled cart collection, customers may rent 48, 64 or 95 gallon wheeled trash carts from AWS. Wheeled carts are to be of size, volume, color, markings, and recyclable content (not less than 20% post consumer materials in the original cart purchase and for each subsequent batch of equipment purchases) as approved by the City. All wheeled carts 5

16 AWS/BOISE CITY CONTRACT SOLID WASTE MANAGEMENT PROCEDURES Updated October 2008 shall be recyclable and recycled at the end of their useful life. All wheeled trash carts will be light to medium gray in color to allow easy identification as trash containers. Wheeled carts used for recycling shall be (at a minimum) labeled for recycling, with a gray body to match the trash carts and a blue lid identifying the cart for recycling. Carts are to remain the property of AWS. Customers shall follow the cart set-out guidelines provided by AWS, approved by the City, to ensure carts are placed correctly for collection and are not overloaded. AWS will keep sufficient quantities of wheeled carts on hand for delivery within no more than two (2) business days of customer request. If the number of carts on hand is not sufficient to meet demand, AWS will notify the City immediately in writing outlining a solution for consideration and approval. Failure to provide wheeled carts in a timely fashion due to inadequate supplies may result in penalties as provided in the Agreement. All carts must have materials preparation instructions, AWS phone number and website contact information, either screened or printed on a sticker on the lid. Cart size shall be clearly screened, molded-on, imprinted, or otherwise labeled, with the contractor s logo or company name. AWS will maintain an inventory of all carts by serial number and enter that number in the customer record for the address to which the cart was delivered. Allied will prepare and submit to the city a wheeled cart roll-out plan. The plan shall include a 90-day period for the customers to test the cart sizes and make one free swap following the 90-day period. The cart roll out plan shall also include collection of used customer cans for recycling and delivery of customer purchased compost bins. Dumpsters Customers may rent 3, 6, and 8 cubic yard dumpsters from AWS for the collection of trash and recycling. Dumpsters are to be of size, volume, color, and markings as approved by the City. All dumpsters will be equipped with fully functioning lids; all dumpsters will be recycled at the end of their useful life. AWS will keep up-to-date on alternate dumpster options such as plastic dumpsters. If AWS wishes to purchase dumpsters that are different from that currently in use within the City, AWS will submit a proposal to the City for written approval before ordering new containers. All trash dumpsters will be blue in color, all recycling dumpsters will be green in color, and all public glass collection 6

17 AWS/BOISE CITY CONTRACT SOLID WASTE MANAGEMENT PROCEDURES Updated October 2008 containers will be white in color color coordinating containers with a specific service allows for easy identification of the intended contents of that container. Dumpsters are to remain the property of AWS. Customers shall follow the dumpster guidelines provided by AWS, approved by the City, to ensure that dumpsters are properly located and loaded (not overloaded). AWS will keep sufficient quantities of dumpsters on hand, in a variety of sizes (for both trash and recycling), for delivery no later than two (2) business days following the customer request. If the number of containers on hand is not sufficient to meet demand, AWS will notify the City immediately in writing outlining a solution for consideration and approval. Failure to provide containers in a timely fashion due to inadequate supplies may result in penalties as provided in the franchise agreement. Permanent dumpsters shall be cleaned, reconditioned and repainted (if necessary) before being supplied to a customer who had not used it earlier. AWS will repair or replace within two (2) business days any container in use if determined by the City, Health Dept., or other jurisdiction, that the container fails to comply with reasonable standards or constitutes a health or safety hazard. Roll-off Containers Customers may rent 20, 30, and 40 cubic yard roll-offs from AWS for the collection of trash and recycling. Roll-offs are to be of size, volume, color, and markings as approved by the City. All roll-offs shall be recycled at the end of their useful life. If AWS wishes to purchase roll-offs that are different from those currently in use within the City, AWS will submit a proposal to the City for written approval before ordering new containers. All roll-offs will be a uniform blue color for trash and green for recycling containers with identical markings. Customer owned containers are not covered by this section. Any change in the colors or markings shall be approved by the City prior to implementing the changes. Public glass roll-off boxes will be white in color to allow for easy identification of the intended contents of that container. Roll-offs are to remain the property of AWS. Customers shall follow the roll-off guidelines provided by AWS, approved by the City, to ensure that roll-offs are properly located and loaded (not overloaded). AWS will maintain an adequate supply of roll-offs to meet peak seasonal demands. If the number of roll-offs available is not sufficient to meet demand, AWS will notify the City immediately in writing outlining a solution for consideration and approval. Failure 7

18 AWS/BOISE CITY CONTRACT SOLID WASTE MANAGEMENT PROCEDURES Updated October 2008 to provide roll-offs in a timely fashion due to inadequate supplies may result in penalties as provided in the Agreement. Customer-owned Compactors Customers may request service for customer-owned compactors in a variety of sizes ranging from 3 yards to 40 yards. AWS will be responsible for conducting site visits to ensure compactors are located in safe and accessible locations before service commences. AWS will work with the City, developers, building owners, and compactor sales staff to ensure compactors are sized and installed properly and to identify the safest and most accessible location. Service may be refused if a compactor presents a significant threat to collection staff or AWS equipment. Customers shall follow the compactor guidelines provided by AWS and approved by the City to ensure that compactors are properly located and loaded (not overloaded). AWS will be responsible for hauling compactors that meet DOT weight limits. The customer will be responsible for any citations or overweight tickets. The City will assist AWS in enforcing these guidelines on request. MAINTENANCE Equipment Maintenance Vehicles AWS will be responsible for ensuring that routine maintenance, safety inspections, replacement, and cleaning of vehicles used in the collection and hauling of trash and recyclable materials including company provided support vehicles. All AWS vehicles will be uniformly painted and labeled as approved by the City. AWS will also ensure that instructional signage, including corporate identification and a local phone number, on solid waste vehicles are kept clean and legible. Vehicles will be cleaned regularly, repaired promptly, and replaced or repainted as needed. Vehicles will be maintained in such a way as to prevent leaks, spills, or break-downs. Vehicles will meet DOT standards. Failure to provide a superior service fleet of uniform appearance may result in penalties as provided in the Agreement. Containers AWS will be responsible for routine maintenance, replacement, and cleaning of contractor-supplied trash and recycling containers. Container replacement may be required twice per year. If an odor problem occurs as a result of the customer s improper preparation of waste, AWS will provide one replacement or cleaning of the container at no charge. Customer will be advised of proper waste disposal procedures and informed that additional requests for cleaning may be charged. If odor problems occur due to AWS s failure to maintain and clean containers routinely, AWS will be responsible for resolving the odor problem immediately. Failure to 8

19 AWS/BOISE CITY CONTRACT SOLID WASTE MANAGEMENT PROCEDURES Updated October 2008 resolve an odor problem within three (3) business days may result in penalties as provided in the Agreement. All AWS containers will be uniformly painted and labeled as approved by the City. AWS will also ensure that instructional signage, including corporate identification and a local phone number, on solid waste collection containers are kept clean and legible. Containers will be cleaned, replaced, repaired, or repainted on a revolving schedule or as needed. Lids shall be installed on all dumpster containers before delivery, and replaced within three (3) business days after notification to AWS of a missing or damaged lid. All residential complex containers shall have plastic lids that must be kept in good working order. Failure to provide containers with lids or replace lids within three (3) business days of notification may result in penalties as provided in the Agreement. Graffiti removal is a shared responsibility between AWS, the City, and the customer. Graffiti on fences, dumpster enclosures, or customer owned compactors shall be noted by drivers and reported to the City in writing (including customer name and address) within two (2) business days. The City will notify the customer and request that the graffiti be removed or painted over. Graffiti removal on customer-owned containers or enclosures, or fences shall be the sole responsibility of the customer. Graffiti removal on AWS dumpsters or roll-off containers is the responsibility of AWS. Graffiti on AWS containers shall be noted by drivers, documented by photographs when possible, and abated within two (2) days. AWS shall provide City with documentation on the date, location and type of graffiti abated on AWS containers and a per container estimate for the abatement costs. City shall convey the graffiti information to the Police Department for enforcement and potential compensation for the abatement costs. Collection crews shall work to reduce damage to collection equipment and containers through their use and forward written repair notices to AWS maintenance personnel. Repairs or replacements shall be made at AWS expense. Facility Maintenance AWS will maintain office, shop and truck/container maintenance facilities in compliance with all federal, state, and local regulations. AWS facilities will not violate Boise City Codes, create an attractive nuisance, or become a visual eye-sore. Facilities will be orderly and neat in appearance including equipment and vehicles stored or parked on the premise. AWS will provide for suitable work environments including equipment and supplies necessary to 9

20 AWS/BOISE CITY CONTRACT SOLID WASTE MANAGEMENT PROCEDURES Updated October 2008 complete work tasks efficiently and without delay. AWS shall strive to conserve resources, purchase sustainable and environmentally-friendly products, and recycle whenever possible. DATA COLLECTION AND REPORTING Data Collection and Reporting AWS shall provide data and reports relating to City solid waste service in a timely and accurate manner, following the guidelines set forth below. All data and reports should be formatted for electronic and print delivery. Failure of AWS to adhere to the provisions of this section may result in penalties as defined in the Agreement. Monthly Report AWS shall submit monthly service reports. Monthly Reports shall be delivered to the City Solid Waste Manager as soon as practical following the month in which services are provided, and in no event later than the 15 th of the following month in which services were provided. All reports will be in format as agreed to between the City and AWS and may be submitted electronically, which may be amended by mutual agreement between the parties. AWS will submit the following monthly reports: Customer Service Contacts: date of contact, name and address of customer, nature of contact and action taken to resolve issues, including Hotsheets sent by the City to AWS for resolution. Landfill statistics. Household Recycling: tonnages and prices of recyclable materials hauled, set-out statistics by day, week and month, and pounds per household by week and month. Used Motor Oil: the number of households setting out oil for recycling and number of gallons collected. Major Appliances: the number of Freon and non-freon appliances hauled to the recycling subcontractor. Glass collection program statistics and costs for each site and totals for the month for each site and for the entire program. Commercial perm and temporary trash service program statistics. Commercial Recycling: number of customers, tonnages and prices of recyclable materials hauled. Donated Services Report including recipients of donated service, size of container(s) and number of collections, monetary value of hauling services donated, and landfill fees. Bio-diesel usage and information on CNG usage when implemented. Wheeled carts: # delivered to customers, # replaced, repaired, and recycled. 10

21 AWS/BOISE CITY CONTRACT SOLID WASTE MANAGEMENT PROCEDURES Updated October 2008 Summary list of all written notices (informational hard cards ) submitted in an electronic format. Annual Reports AWS shall provide to the City annually by January 31, a summary report of services provided and solid waste activities. At a minimum, AWS will submit the following annual reports: Financial: detailed breakdown of costs making up fees for solid waste collection services, as outlined in the Solid Waste Agreement between the City and AWS. Solid Waste Services: summary data on residential trash and recycling volumes, tonnages and prices of recyclable materials hauled, types and volumes of customer contacts, donated services, and inspection and maintenance documentation on all solid waste collection vehicles; summary data on business recycling tonnages and prices of recyclable materials hauled. Separation of Waste: verification that loads containing mixtures of city and County solid waste are allocated to the proper jurisdiction. Although operational efficiencies may warrant limited co-collection, AWS will strive for internal and external bookkeeping reflecting separate collection of City and County waste. Results of any Customer satisfaction surveys and CSR performance surveys. Emergency management plan to include (at a minimum) a summary of equipment and key staff available in the event of an emergency (natural or man-made disasters) and a strategy for providing uninterrupted customer service during utility outages. Summary of environmental best management practices implemented and conducted during the year. Summary of bio-diesel usage and CNG usage when implemented. Inventory of equipment and vehicle condition reports. Employee organizational chart including all employees working under this contract or at any shared facilities/operations. Key employee phone list including names, direct phone numbers, employer supplied cell phone numbers, and addresses. Key employees include managers, supervisors, leaddrivers, professional staff, dispatch, and customer service representatives. Contact carry-out customers to update customer information and review any changes to services. Reports on Request 11

22 AWS/BOISE CITY CONTRACT SOLID WASTE MANAGEMENT PROCEDURES Updated October 2008 AWS shall provide reports upon request by the City. Reports shall be submitted to the City Solid Waste Manager within thirty (30) days from receipt of the written request unless otherwise agreed to between the parties. Public Nuisance: customers or sites associated with unsightly litter or debris which may be creating a public nuisance or health hazard. It will be the responsibility of Boise City to provide enforcement as needed. Idaho Waste Systems diversion program. Pilot projects such as Recycle the Fall, Christmas Tree collection, and other programs. Reports generated from the Fleetmind program. AUDITS & INSPECTIONS Reporting of Financial Information AWS recognizes that the City cannot guarantee confidentiality regarding documents that are submitted to the City; once such documents are in the City s possession they become a matter of public record. AWS will work with the City to ensure that financial information is presented in a format that qualifies the information as exempt from disclosure under state law. Waste Audits Waste audits may be requested by the City and shall be performed by AWS in accordance with provisions set forth by the City. In addition to potential audits as outlined in the Solid Waste Agreement, the City may request that AWS perform audits of waste generated by multi-family complexes and businesses. Waste audits typically result in improved service through discovery of efficiency or inconsistent billing practices, or reduced liability. Therefore, Waste Audits will be conducted by request from the City. General Audits & Inspections At any time during normal business hours (8:00 a.m. to 5:00 p.m., Monday through Friday) and as often as the City may deem necessary, and upon written notice from the City Solid Waste Manager, there shall be made available to the City for examination all of AWS s records with respect to all matters covered by this contract. This information shall be considered matters of public record unless AWS adequately documents legitimate reasons for protecting it as proprietary. At any time during normal business hours (8:00 a.m. to 5:00 p.m., Monday through Friday) and as often as the City may deem necessary, and upon forty-eight (48) notice from the City Solid Waste Manager, AWS shall permit the City to inspect all facilities, vehicles, and equipment used in performance of this contract. 12

23 AWS/BOISE CITY CONTRACT SOLID WASTE MANAGEMENT PROCEDURES Updated October 2008 Competitive Pricing AWS will ensure competitive pricing for services provided, based on local collection costs and national industry standards. The methods used to calculate costs should be explainable and mutually agreed upon by the City and AWS. The City may, at their discretion, request specific details or evidence to support pricing for services, or may request that information on pricing is provided to the City in a specific format or specific delivery method. Industry Trends Local AWS staff will keep up-to-date on trends and developments in the solid waste industry and keep the City apprized of the most efficient and effective solid waste management options. AWS shall meet with the City Solid Waste Manager at least annually to discuss scientific, technological and economic developments, and advancements in the field of solid waste management. If AWS wishes to implement changes to service that are different from those currently in practice, AWS will submit a written proposal to the City for approval before engaging in new service practices or purchasing related equipment and supplies. Regulatory Compliance AWS shall comply with all applicable local, state, and federal laws, rules and regulations. AWS shall comply with all OSHA and related rules and regulations. Furthermore, AWS guarantees that it will provide all services, programs, or activities under this contract in accordance with all applicable federal, state, and local statutes, regulations and requirements. AWS shall be solely responsible for expenses related to non-compliance including fines or consent orders. INTER-AGENCY COMMUNICATIONS Inter-agency Communications Monthly Meetings AWS shall appoint a representative who shall be available to discuss the solid waste programs with the City Solid Waste Manager on a monthly or as needed basis. Said representative shall be subject to approval by the City and shall not be replaced without prior approval of the City, which shall not be withheld unreasonably. Emergency Contact AWS shall maintain a twenty-four (24) hour emergency phone number for use by the City. Accident / Injury AWS shall notify the City Solid Waste Manager within four (4) 13

24 AWS/BOISE CITY CONTRACT SOLID WASTE MANAGEMENT PROCEDURES Updated October 2008 hours of all accidents in which there is serious personal injury or a fatality related to the collection and hauling of solid waste or in maintenance of equipment. SERVICE Site Planning Assistance AWS shall make available site planning assistance to the City and/or property owners or managers. AWS shall maintain constant communications with key City staff to ensure that both parties are aware of designs/plans for new construction or major remodels that may impact solid waste services or that may require code review and enforcement as defined in the Boise City Code. AWS shall provide weekly residential trash collection and hauling service, biweekly recyclable material collection and hauling services, commercial (business) trash and recyclable material collection and hauling, and other solid waste services as outlined in the Agreement and in this document. AWS shall be responsible for collecting all solid waste that is prepared and set out properly, and will make a good faith effort to collect all materials unless deemed hazardous, unreasonable, or otherwise a threat to the public or driver safety. AWS will consult with the City as needed to verify hazardous, unreasonable or unsafe collections. An information card must be left for the customer if any or all materials are refused or rejected. Failure to leave an information card will result in a missed collection and AWS collection staff will be required to return and collect those materials. For customers with repeat problems, AWS will notify the City in writing the name and address of said customers, and AWS Customer Service will call customers to reinforce proper set-out practices. The City will notify the customer in writing and/or by phone upon the third infraction. General Collection Guidelines General Collection Guidelines Annexations Should the City annex additional areas during the term of the Solid Waste Agreement, AWS s right to collect solid waste or recyclable material within the City will extend to the existing customers in the newly annexed area. Service will begin ninety (90) days from the date the annexation becomes final unless otherwise agreed between Boise City and Ada County. AWS will conduct site visits of annexed properties on an as-needed basis, as requested by the City. Changes to Service Changes in solid waste service initiated by AWS, including 14