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HomeMy WebLinkAbout2010-098 - Town & Country Trash ContractResolution No. R-2010-098 A RESOLUTION ACCEPTING THE PROPOSAL OF TOWN AND COUNTRY DISPOSAL OF WESTERN MISSOURI, INC. AS COOPERATIVELY BID BY THE CITY OF KANSAS CITY, MISSOURI, AND AUTHORIZING EXECUTION OF A CONTRACT WITH SUCH COMPANY FOR CURBSIDE RESIDENTIAL REFUSE COLLECTION AND DISPOSAL SERVICES WHEREAS, in November of 2007 the City solicited and received bids for weekly curbside residential refuse collection & disposal services and subsequently entered into an agreement with Deffenbaugh Industries to provide such services to the City; and WHEREAS, the agreement between the City and Deffenbaugh Industries expires on December 31, 2010; and WHEREAS, the City of Kansas City, Missouri issued a request for bids for Residential Refuse Collection and Disposal Services in October of 2009 and awarded such bid to Town and Country Disposal of Western Missouri, Inc. (hereinafter "Town and Country") effective October 2, 2009 with operations commencing on May 1, 2010; and WHEREAS, in the bid documents for Residential Refuse Collection and Disposal Services, the City of Kansas City, Missouri provided for Cooperative Procurement with Other Jurisdictions and the bidder agreed to provide products and/or services to any municipality that participates in or is represented by the Mid -America Council of Public Purchasing (MACPP) in the greater Kansas City Metropolitan Trade Area and any member of the Mid -America Regional Council (MARC); and WHEREAS, the City of Riverside in the adoption of its purchasing policy has approved the practice of purchasing goods and services from competitive bids awarded by other governmental entities through the cooperative bidding process when the best interest of the City would be served; and WHEREAS, the City of Riverside participates in the MACPP and is a member of the Mid -America Regional Council; and WHEREAS, the Board of Aldermen find it is in the best interest of the City to authorize and approve execution of an agreement with Town and Country to provide Residential Refuse Collection and Disposal Services utilizing the City of Kansas City, Missouri competitive bid award for such services; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: THAT the proposal submitted by Town and Country for weekly curbside residential refuse collection and disposal services as cooperatively bid by the City of Kansas City, Missouri, is hereby accepted and approved; FURTHER THAT the City Administrator is authorized to execute an agreement on behalf of the City with Town and Country for weekly curbside residential refuse collection and disposal services, to commence January 1, 2011 in substantially the same form and upon the terms and conditions set forth in Exhibit "A" attached hereto, said agreement to be for a term of two (2) years, with an automatic renewal for three (3) additional one (1) year terms as set forth therein; Resolution No. R-2010-098 FURTHER THAT the City Administrator and such other officials of the city may execute any other additional documents or take such other actions as are necessary, incidental or expedient to carry out the intent of the agreement approved and the authority granted herein and the City Clerk is authorized to attest thereto; FURTHER THAT any actions taken in furtherance of the authority granted herein, prior to the date of this Resolution are hereby ratified and affirmed; FURTHER THAT the initial year of this contract shall commencing on January 1, 2011, the continuation of this contract for each subsequent year, and any extension thereof for one or more one-year periods shall all be contingent upon the annual appropriation of funds for such purpose; FURHTER THAT the authority and approval granted herein is intended to be consistent with and supplement the authority granted pursuant to Resolution R-2010-083 dated November 16, 2010; however, to the extent there is a conflict of terms, the authority granted by this Resolution shall supersede the authority granted by Resolution R-2010-083. PASSED AND ADOPTED bype Board of Aldermen and APPROVED by the Mayor of the City of Riverside, Missouri, the 21st lday of December, 2010. /s/ Kathleen L. Rose Mayor Kathleen L. Rose ATTEST: /s/ Robin Littrell Robin Littrell, City Clerk Approved as to Form: /s/ Nancy Thompson Nancy Thompson, City Attorney SANITATION COLLECTION AND DISPOSAL AGREEMENT THIS AGREEMENT is made and entered into this 21st day of December 2010 (the "Effective Date"), by and between Town and Country Disposal of Western Missouri ("Contractor") and the City of Riverside, Missouri ("City"). 1. Scope of Services. CONTRACTOR shall perform the work and supply the equipment and services specified in ATTACHMENT A, SCOPE OF SERVICES, and elsewhere within the body of this Agreement and its Attachments. 2. Term of Contract. The initial term of this Agreement shall begin on January 1, 2011, and shall end on December 31, 2012. This agreement shall automatically renew for up to three (3) additional one (1) year terms under the same conditions of this Agreement unless one or both parties submit notice as described below to cancel the agreement, or if such annual appropriation for this service is not passed by the Board of Aldermen in its annual operating budget. 3. Pricing Terms. a. The Contractor agrees to perform all work described in this agreement for the agreed upon and negotiated price. The City agrees to pay the Contractor for services provided based upon the pricing as set forth in this section. i. Base Charge for Solid Waste Pick Up with Contractor Provided Storage Container from January 1, 2011 to December 31, 2011 shall be $5.62 per collection point per month. ii. Base Charge for Recycling Pick Up with Contractor Provided Storage Container from January 1, 2011 to December 31, 2011 shall be $2.85 per collection point per month. iii. Base Charge for Yard Waste Pick Up from January 1, 2011 to December 31, 2011 shall be $0.41 per collection point per month. b. For any subsequent year within the Initial Term and any Renewal Term for which funds have been appropriated, the base price will be adjusted in accordance with Attachment B, Refuse Rate Index. The weighted percentage change as determined in accordance with in accordance with ATTACHMENT B shall be based on the twelve month period from December to December immediately preceding the contract year which is to ensue. Thus, a unit price adjustment occurring as of January 1, 2012 would be based on the weighted percentage change from December 2010 to December 2011 and so on. On or before March 15 of each year this Contract remains in effect, Contractor shall provide to City, in the format required by City, all financial information for the service performance under this Contract during the relevant December to December period. City shall notify Contractor of its updated count by May 1 of each year. In the event Contractor fails to provide any information needed by City to determine the appropriate RRI within the time allotted herein, Contractor shall not be entitled to any adjustment to the unit price. c. The updated count shall occur on an annual basis as provided in subsection (a) above, and there shall be no month -to -month adjustment except upon circumstances in which both parties mutually agree that circumstances are of sufficient magnitude as to warrant an intervening adjustment. In the event Contractor disputes the updated count annually provided by City, City shall identify the basis for the count to Contractor and Contractor shall provide to City any information which it believes City overlooked or misconstrued in establishing the updated count. The parties shall attempt in good faith to reach an agreement on the updated count. In the event they are unable to do so prior to January 1 of the contract year which is to ensue, the count as established by City shall control unless and until such time as Contractor provides, at its expense, an actual, physical count of the eligible dwelling units within the areas to be served by it under this Contract, such count to be performed by an independent third -party and upon terms agreeable to City and Contractor. d. Should City elect to modify its residential refuse collection and disposal program at a future date by adding regularly scheduled bulky item pick -up or leaf and brush pick - up services under this Contract, implementing the utilization of refuse carts in one or more areas of the City in which Contractor provides refuse collection and disposal services, or by combining any portions of the above services, any additional compensation due Contractor shall be based on the monthly prices submitted by Contractor in response to the RFP No. EV00000846 as adjusted pursuant to the RRI. Contractor hereby agrees that it shall, during the Initial Term and any Renewal Term of this. Contract, implement any additional curbside collection services requested by City provided that City shall provide Contractor no less than six (6) months written notice of any such modifications to the program, provided however that nothing herein shall obligate City to utilize Contractor as its provider of additional curbside collection services. e. City's Director of Public Works has the authority to provide for the collection of refuse from exempt dwelling units when, in his judgment, such collection has become necessary for the preservation of the public health or safety. In such event, any exempt dwelling unit to which service is extended shall be considered an eligible dwelling unit for the balance of the Initial Term and any Renewal Term. City shall confer with Contractor for purposes of determining whether Contractor is ready, able and willing to assume responsibility for collection from any dwelling unit within the City limits that is rendered an eligible dwelling unit hereunder, provided however that Contractor shall not be obligated to provide those expanded services under this Contract until such date as the City and Contractor mutually agree such expanded services shall commence. Any expanded services shall be subject in all regards to the terms and conditions of this Contract except as specifically provided for herein. Notwithstanding the provisions of paragraph (a) of this Section 3, the unit price with regard to the dwelling units rendered eligible under this paragraph (g) shall be determined and mutually agreed upon by City and Contractor. Such rate shall thereafter be subject to adjustment in accordance with ATTACHMENT B. f. City shall not be liable to Contractor for any amounts which may be due and payable Contractor by any third party electing to use `Bulky Express" service as outlined in ATTACHMENT A, SCOPE OF SERVICES. 4. Contract Payment. The City will be the sole judge as to the sufficiency of the work performed. The Contractor agrees that the City may withhold any and all payment for damage or destruction, blatant or otherwise, incurred to the City's property caused by poor performance or defective equipment or materials or personnel employed or utilized by the Contractor. Additionally, it is agreed the Contractor shall also be liable to the City for replacement of materials or services occasioned by such breach. 5. Insurance Requirements. a. Insurance The Contractor shall procure, maintain, and provide proof of, insurance coverage's for injuries to persons and/or property damage as may arise from or in conjunction with, the work performed on behalf of the City of Riverside by the Contractor, its agents, representatives, employees or subcontractors. The City of Riverside shall be named as an additional insured under such insurance contracts (except for Worker's Compensation coverage). Proof of coverage as contained herein shall be submitted prior to the commencement of work and such coverage shall be maintained by the Contractor for the duration of the contract period. The policy must cover any claim occurring during the contract period, whether or not a claim is made during that period. i. General Liability Coverage shall be as broad as: Comprehensive General Liability endorsed to include Broad Form, Commercial General Liability forms including Product/Completed Operations. Minimum Limits General Liability: $2,500,000 General Aggregate Limit $1,000,000 Products & Completed Operations $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence Limit $50,000 Fire Damage Limit $5,000 Medical Expense Limit ii. Automobile Liability Coverage sufficient to cover all vehicles owned, used, or hired by the Bidder/Contractor, its agents, representatives, employees or subcontractors. Minimum Limits Automobile Liability: $1,000,000 Combined Single Limit $1,000,000 Each Occurrence Limit $5,000 Medical Expense Limit iii. Workers' Compensation Limit as required by the Workers' Compensation Act of Missouri, Employers Liability, $1,000,000. b. Hold Harmless Clause The Contractor shall, during the term of the contract including any warranty period, indemnify, defend, and hold harmless the City of Riverside, its officials, employees, agents, residents and representatives thereof from all suits, actions, or claims of any kind, including attorney's fees, brought on account of any personal injuries, damages, or violations of rights, sustained by any person or property in consequence of any neglect in safeguarding contract work or on account of any act or omission by the Contractor or his employees, or from any claims or amounts arising from violation of any law, bylaw, ordinance, regulation or decree. The vendor agrees that this clause shall include claims involving infringement of patent or copyright. c. Exemption from Taxes The City of Riverside is exempt from state sales tax and federal excise tax. Tax exemption certificates indicating this tax exempt status will be furnished on request, and therefore the City shall not be charged taxes for materials or labor. d. Employment Discrimination by Contractors Prohibited/Wages/Information During the performance of a contract, the Contractor shall agree that it will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, or disabilities, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor; that it will post in conspicuous places, available to employees and applicants for employment, notices setting forth nondiscrimination practices, and that it will state, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, that it is an equal opportunity employer. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient to meet this requirement. The Contractor will include the provisions of the foregoing paragraphs in every subcontract or purchase order so that the provisions will be binding upon each subcontractor or vendor used by the Contractor. Contractor agrees to pay all employees involved in this contract the required wages as listed in the applicable prevailing wage order for Platte County, as may be amended from time to time during the term of this agreement. 6. Damages/Delays/Defects. The City will not sustain monetary damage if the whole or any part of this contract is delayed through the failure of the Contractor and/or his sureties to perform any part or the whole of this contract. Thus, if at any time the Contractor refuses or neglects to supply sufficiently skilled workmen or proper materials, or fails in any respect to execute the contract, including extras, with the utmost diligence, the City may take steps deemed advisable to promptly secure the necessary labor, tools, materials, equipment, services, etc., by contract or otherwise, to complete whatever portion of the contracted work which is causing delay or is not being performed in a workmanlike manner. Contractor and/or their sureties will be liable to the City for any cost for labor, tool, materials, equipment, services, delays, or claims incurred by the City to finish the work. Contractor will promptly repair all damage to public and private property caused by their agents or employees. Should damages not be promptly repaired, the City will authorize the hiring of another Contractor to do the repairs. The original Contractor agrees to promptly pay for the services of any such Contractor hired to do such repairs. Contractor shall immediately report, to the City, or a duly authorized representative, any accident whatsoever arising out of the performance of this contract, especially those resulting in death, serious injury or property damage. Contractor must provide full details and statements from any witnesses. 7. Responsibilities. a. The City shall provide all information or services under their control with reasonable promptness and shall designate a representative to render decisions on behalf of the City and on whose actions and approvals the Contractor may rely. b. The Contractor's responsibilities and obligations under this agreement are accepted subject to strikes, outside labor troubles (including strikes or labor troubles affecting vendors or suppliers of Contractor), accidents, transportation delays, floods, fires, or other acts of God, and any other causes of like or different character beyond the control of Contractor. Impossibility of performance by reason of any legislative, executive, or judicial act of any governmental authority shall excuse performance of or delay in performance of this agreement. The City and the Contractor shall agree upon such delay or cancellation of performance and execute this agreement in writing. c. Contractor agrees to provide all materials, labor, tools, and equipment necessary to perform and complete the contract as specified. d. All equipment will be of such type and in such condition so as not to cause any damages to City property or the community at large. All equipment used on site will meet the minimum requirements of Occupational Safety Health Administration and related federal, state, county, and city regulations, including EPA NESHAPS. e. All material will be of a type and quality acceptable to the City, and which will not cause injury to property or persons. Contractor will supervise and direct the work performed, and shall be responsible for his employees. Contractor will also supervise and direct the work performed by subcontractors and their employees and be responsible for the work performed by subcontractors hired by the contractor. f. Contractor agrees to obtain and maintain, during the term of this contract, the necessary licenses and permits required by federal, state, county and municipal governments to perform the services as required by this contract. Contractor shall bear the cost of any permits which he is obligated to secure. Contractor will also ensure any sub- contractors hired will obtain the necessary licenses and permits as required. g. Contractor agrees to comply with all applicable federal, state, county and municipal laws and regulations, including, but not limited to, affirmative action, equal employment, fair labor standards and all applicable provisions of the Occupational Safety and Health Act of 1970, as amended. Contractor agrees to ensure sub- contractors and their employees comply with all applicable laws and regulations aforementioned. h. Contractor also agrees to be, at all times, in full compliance with any and all applicable federal, state and local laws and regulations as they may change from time to time. 8. Termination of Agreement. a. With Cause — If Contractor fails to perform his duties as specified in this contract, the City through its appointed representative, shall notify the Contractor to correct any default under the terms of this contract. Such notification may be made by telephone or in writing. If the Contractor fails to correct any default after notification of such defaults, the City shall have the right to immediately terminate this agreement by giving the Contractor five (5) days written notice. b. Without Cause — The City may terminate this agreement at any time by providing thirty (30) days written notice, by certified mail, to the Contractor at the address listed below. In the event this agreement is terminated, the City may hold as retainer the amount needed to complete the work in accordance with bid specifications. c. Dispute Resolution- In the event that the parties have a dispute regarding the teens or meaning of this contract, the parties will choose a mediator acceptable to both sides to hear the dispute and attempt to reach agreement. If the mediator is unable to assist the parties in reaching an agreement, the parties agree that the agreement will be deemed as terminated without cause. The City shall determine the effective date of such termination to insure no interruption of service to its residential customers not to exceed (90) days from the date of the unsuccessful mediation. 9. Warranty. Contactor shall, within ten (10) days of written notice from the City, correct any work found to be defective. 10. Affidavit of Work Authorization. Pursuant to 285.530 RSMo, the Contractor must affirm its enrollment and participation in a federal work authorization program with respect to the employees proposed to work in connection with the services requested herein by • submitting the attached AFFIDAVIT OF WORK AUTHORIZATION and • providing documentation affirming the bidder's enrollment and participation in a federal work authorization program with respect to the employees proposed to work in connection with the services requested herein. IN WITNESS WHEREOF, Town and Country Disposal of Western Missouri has caused this Agreement to be executed by its duly authorized officers, and the City, acting by and through the Board of Aldermen, has authorized this agreement to be executed the day and year first written above. CITY OF RIVERSIDE, MISSOURI By: /s/ Kathleen L. Rose Title: Mayor Attest: /s/ Robin Littrell Title: City Clerk TOWN AND COUNTRY DISPOSAL OF WESTERN MISSOURI By: /s/ Title: President Attest: /s/ Title: Account Rep ATTACHMENT A, SCOPE OF SERVICES 1. Introduction The City of Riverside wishes to contract its residential solid waste and recyclables collection with Town and Country Disposal of Western Missouri. The prices that the City will pay Contractor are based on a competitive bid submitted to and awarded by the City of Kansas City, Missouri in response to RFP No. EV00000846 which was issued for similar services to which the Contractor has agreed to be bound under this agreement. 2. Collection Services and Requirements a. Contractor shall collect residential solid waste and recyclables appropriately placed at the front curb of eligible units every week on the specified collection day. b. Contractor shall provide all eligible units one container for collecting solid waste and one container for collecting recycling. Containers will be available in both the 48- gallon and 64-gallon size. Containers damaged from normal use will be repaired or replaced by Contractor. c. Solid waste collection is limited to the capacity of the provided container. Contractor will only pick up collection bags that are not in the container if they are marked with a bag tag. i. Tags referred to as "Bag Tags" will be purchased by the City from Contractor for $2.00 per tag. The tags will be available to eligible dwellings at a price set by the City and must be affixed to bags that will not fit in the provided container in order for those bags to be picked up by Contractor. d. Contractor shall provide unlimited residential recycling collection services to eligible units within City as long as the recyclable material is consistent with quantities generated from a residential setting and is properly prepared. Contractor shall collect recyclable materials that weigh no more than forty (40) pounds for any single bin, container, item, paper sack or box. Contractor shall not be required to collect recyclable materials that weigh more than forty (40) pounds for any single bin, container, item, paper sack or box. e. Contractor shall not collect from exempt units. Notwithstanding the foregoing, Contractor understands that dwelling units which are currently classified as exempt dwelling units based upon the fax that they contain three or more units under a common roof may, at some point during the term of this Contract, be declared by the Director of Public Works as eligible units based upon his determination that collection from the same is necessary for the preservation of public health and safety. In the event the Director of Public Works requires Contractor to begin collecting from units which are classified as exempt dwelling units as of the commencement date of this Contract, he shall notify the Contractor in writing at least thirty (30) days in advance. In such an event, the parties agree that Contractor shall be entitled to additional compensation and an intervening adjustment shall be provided in Section 3, Pricing Terms. f. Contractor shall observe City ordinances relating to obstructing streets, keeping passageways open and protecting same, and shall obey all laws an City ordinances controlling or limiting those engaged in work. g. Contractor is not granted exclusive use of City streets. Contractor shall pull aside at first opportunity to allow waiting vehicles to pass if Contractor's vehicle blocks passage. h. Contractor shall use good faith efforts to handle collection of solid waste and recyclable materials in a manner that will minimize inconvenience and annoyance to the general public and property owners. For example, and without limitation, Contractor shall avoid unnecessarily throwing collection bins in manner that may cause damage or unreasonably place collection bins in locations other than where they were placed for collection. i. Contractor shall, upon written notification from the City, collect residential solid waste and recyclable materials at the designated area in from of the eligible dwelling unit so deemed by City as a disability stop at no additional cost to City. 3. Collection and Disposal a. Contractor shall provide "single stream" collection of recycling materials, which means that recyclable materials shall be collected in packer type vehicle and that Contractor shall not be required to engage in curbside sorting, except as specifically provided herein. b. Contractor shall recycle all recyclable materials collected under this program and not otherwise dispose of such recyclable materials except with advance knowledge and written agreement of City. c. Contractor shall deliver all collected materials to its processing facility located at 22820 South State Route 291, Harrisonville, Missouri 64701, or such other location as may be approved in writing by City. d. Contractor shall process and ship recycled materials to such domestic and/or foreign markets as it deems appropriate at its sole discretion and in its sole determination. City encourages Contractor to maximize the use of local markets to the greatest extent possible. 4. Yard Waste Collection a. Contractor will provide eight (8) curbside yard waste pick up days per year. b. Yard waste collection days will occur generally in April and November. Contractor and City will agree on actual pick up dates at least thirty (30 days) in advance. c. Contractor shall collect yard waste that is placed is biodegradable paper bags and/or placed in bundles that are no larger than four feet long by two feet wide. All bags and bundles must weigh less than fifty (50) pounds in order to be collected. d. Additional yard waste collection days may be purchased in the event of natural disasters by the City from Contractor for $77.00 per ton, up to a maximum of 8 collections. 5. Bulky Item Collection a. Contractor will pick up bulky items curbside on regular collection day as long as those items are marked with a bulky item tag. Items containing Freon are not eligible for Bulky Item Tags. i. Tags referred to as "Bulky Item Tags" will be purchased by the City from Contractor for $7.50 per tag. The tags will be available to eligible dwellings at a price set by the City and must be affixed to bulky items in order for those items to be picked up by Contractor. b. Residents may also elect to utilize the Bulky Express Service, wherein they coordinate bulky item pick up directly with Contractor. Contractor shall be responsible for billing the resident, collecting from the resident, and/or enforcing any right to payment from the resident. i. Rates for Bulky Express Service: a. Collection of up to five (5) bulky items $50.00 - regular collection day $100.00 - special trip b. Appliances containing Freon $20.00 per item c. Rental of 6 yd. box $75.00 per fill d. Rental of 8 yd. box $100.00 per fill e. Rental of 20 yd. box $200.00 per fill f. Rental of 40 yd. box $320.00 per fill ii. Contractor shall be entitled to establish restrictions on the types and weights of materials that may be placed in any box rented by an eligible dwelling unit. iii. Contractor shall not receive assistance from City in collecting any amounts Contractor believes are due or in resolving disputes between Contractor and any resident electing to utilize the Bulky Express Service. iv. Contractor shall not be entitled to any compensation from City, financial or otherwise, for the provision of any Bulky Express Service or for any injury or losses, financial or otherwise, that may arise, directly or indirectly, from the provision of any Bulky Express Service. v. Contractor shall defend, indemnify and hold harmless the City from and against all claims arising out of or resulting from all acts or omissions in connection with the provision of Bulky Item Express Service caused in whole or in part by Contractor or by Contractor's officers, employees, subcontractors, assigns, invitees and other agents. 6. Collection Schedule a. The collection day for all eligible units within the City is Friday. Contractor shall not change the scheduled collection day without prior written approval from the City. b. Contractor shall be prohibited from collecting from any eligible dwelling unit prior to 7:00 a.m. or after 6 p.m. on the scheduled day of collection. c. Holidays will not impact the specified collection day. d. Contractor shall use good faith efforts to provide service in advance or as soon as access is available, during normal working hours, to eligible dwelling units, when access is temporarily delayed due to street repair, street resurfacing, utility repair, utility installation, police action and the like. e. Contractor shall, with prior approval from City, be granted a variance from regular routes and schedules in event of tomado, major storm, natural disaster, or other such calamity normally and customarily referred to as force majeure. As soon as practicable after such event, Contractor shall advise City when normal collection schedules will resume. City shall make an effort to inform the public when regular services are resumed. 7. City Collection Services Contractor shall provide service at City facilities and City events based on the following prices agreed upon by City and Contractor: 40 yd. open top dumpster $310.00 per dump. 40 yd. packer $110.00 per pull plus $32.00 per ton TCD will provide tonnage tickets. 30 yd. comingled recycle container 1 pull per week - $0.00 8yd. trash container $57.50 per week. 6yd. trash container $45.00 per week. 4yd. trash container $38.00 per week 8. Reporting a. Contractor shall report on all quantities collected, processed, marketed, by ton and material type on a monthly and annual basis. Monthly reports are due to the City's Director of Public Works or his designee by the 10th of each month. The annual report is due to the City's Director of Public Works or his designee by January 15th of each year. Monthly and annual reports shall follow a format that is mutually agreed upon by City and Contractor. b. Contractor shall assist City in determining program participation rates. 9. Violations a. In the event of an improperly prepared set out, Contractor shall sort at the curb acceptable solid waste and recyclable materials and leave unacceptable refuse with a City approved tag, sticker or other approved communication specifying the violation. b. Contractor shall notify City of each violation via email, or other format mutually agreed upon by City and Contractor, within twenty-four (24) hours after it first becomes aware of the violation. 10. Contractor's Office, Communications and Complaints a. Contractor shall maintain an office and appropriate office hours where communication from City can be received. Such office shall be equipped with internet capabilities with a valid e-mail address, telephone and responsible persons in charge during collection hours on those days Contractor is providing residential collection services to City. b. Contractor shall provide a liaison between field crews and City for purposes of effectively communicating with regard to any issue impacting the residential collection services being providing under this Contract. c. Contractor shall provide City with an emergency phone number where Contractor can be reached outside of required office hours. d. Contractor shall be available to provide services necessary to resolving service complaints. All service complaints shall be handled by Contractor in a prompt and efficient manner. e. Contractor shall, at the conclusion of the collection day, provide to City a listing of all service issues received that day and information on the status and/or resolution of each issue. In reporting the action taken, irregularities such as let setouts or violations should be noted to distinguish between valid and invalid complaints. As a general rule, all issues should be resolved by the end of the collection day. If not resolved that day, any outstanding issue must receive prompt attention the beginning of the next work day. Notwithstanding the foregoing, any issue not resolved as provided in ATTACHMENT C is subject to imposition of an administrative charge as provided therein. f. Contractor shall confer with Director of Public Works or his designee, for purposes of resolving any question as to whether any particular residential dwelling unit is entitled to receive collection services under this Contract. ATTACHMENT B, REFUSE RATE INDEX Using the most recent publications of the source documents identified below, the "Refuse Rate Index" adjustment shall be calculated in the following manner: 1. The expenses of performing residential refuse collection and disposal services for the designated period shall be prepared in the attached format (Operating Cost Statement — Description) of this Attachment. 2. The expenses of performing residential refuse collection and disposal services shall be broken down into the following five cost categories: Labor; Fuel; Vehicle Replacement; Maintenance; and All Other. Each cost category is assigned a weighted percentage factor on that cost category's proportionate share of the total of the cost shown for all cost categories. 3. The following indices are used to calculate the adjustment for each cost category. The change in each index is calculated on a twelve -month period in accordance with the terms of the Contract. Cost Category | Index of Source Documents Labor Employment Cost Index, Compensation for Service Producing Industries. Source: Monthly Labor Review, U.S. Bureau of Labor Statistics. Fuel Producer Price Index, Light Fuels Oils - #2 Diesel Fuel (0573 -03). Source: Producer Price Index, U.S. Bureau of Labor Statistics. Vehicle Replacement Producer Price Index, Truck & Bus Bodies — Refuse & Garbage (Packer Type) (3713 -139). Source: Producer Price Index, U.S. Bureau of Labor Statistics. Vehicle Maintenance Producer Price Index, Industrial Trucks & Tractors — Parts (3537 -3). Source: Producer Price Index, U.S. Bureau of Labor Statistics. All Other 3/4 Consumer Price Index, U.S. City Average, (Unadjusted, All Urban Consumers, All Items.) Source: Consumer Price Index Detailed Report, U.S. Bureau of Labor Statistics. 4. The percentage weight for each cost category is multiplied by the change in each appropriate index to calculate a weighted percentage for each cost category. The weighted percentage changes for each cost category are added together to calculate the Refuse Rate Index (see example, attached). Refuse Rate Index Operating Cost Statement - Description Operating Costs Labor: List all administrative, officer, operation and maintenance salary accounts. List payroll tax accounts directly related to the above salary accounts. Fuel: List all fuel and oil accounts. Vehicle Replacement: List all Collection and Collection related vehicle depreciation accounts. List all vehicles lease or rental accounts related to Collection or Collection related vehicles. Vehicle Maintenance: List all Collection or Collection related vehicle parts accounts. All Other: List all other expense accounts related to the services provided under this Contract. This category includes all insurance including general liability, fire, truck damage, extended coverage and employee group medical and life; rent on property, truck licenses and permits; real and personal property taxes; telephone and other utilities; employee uniforms; safety equipment; general yard repairs and maintenance; office supplies; postage; trade association dues and subscriptions; advertising; employee retirement or profit sharing contributions; and miscellaneous other expenses. ATTACHMENT C, UNRESOLVED COMPLAINTS It is the intent of City to ensure that Contractor provides quality service in the performance of the City's refuse collection and disposal program. To this end, the following process will be used to accomplish quality performance. Upon receipt of a complaint regarding the services provided by Contractor, City staff will notify Contractor of the complaint. Contractor will investigate the complaint and respond to the City regarding the resolution of the complaint. This level of communication constitutes routine quality assurance and quality control for the program. After two (2) late collections have been made on successive days or on the same collection day in two (2) successive weeks, Contractor may be required to submit, within five (5) days of notification, a written outline of the steps Contractor will take to avoid future late collections. If a service problem is not resolved through regular oral communication, City staff may choose to issue a written notification. If the problem continues after receipt of the written notice advising Contractor of the problem and establishing a timeframe for resolution, Contractor and the City shall meet in a good faith effort to resolve the problem. SPECIAL INSTRUCTIONS AND CONDITIONS It is the intent of City to ensure that contractor provides quality service in the performance of this program. To this end, the following process will be used to accomplish quality performance: 1. City staff will twice a day notify Contractor via e-mail of any complaints it has received regarding the services provided by Contractor. All complaint notifications sent by City at 9:30 a.m. or earlier will be resolved by Contractor and reported to City by 3:30 p.m. on that same calendar day. All complaint notifications sent by City at 9:31 a.m. or later will be resolved by Contractor and reported to City by 2.00 p.m. the following calendar day. This level of communication constitutes routine quality assurance and quality control for the program. 2. Contractor shall twice a day (9:00 a.m. and 2:00 p.m.), provide to City a listing of all service issues received that day and information on the status and /or resolution of each issue in a format acceptable to City. In reporting the action taken, irregularities such as late setouts or violations should be noted to distinguish between valid and invalid complaints. 3. Failure to remedy the complaint(s) after City notifies Contractor of a complaint or otherwise violating certain provisions of this Contract will result in an administrative charge against the Contractor. In such an event, it is hereby agreed that the City may withhold from any monies due or which may become due to the Contractor or otherwise invoice Contractor administrative charge in the following amounts: a. Failure or neglect to resolve collection complaints by 3:30 p.m. the same calendar day, if the complaint was sent to Contractor by City at 9:30 a.m. or earlier -- $150 per dwelling unit; b. Failure or neglect to resolve collection complaints by 2:00 p.m. the following calendar day, if the complaint was sent to Contractor by City at 9:31 a.m. or later -- $150 per dwelling unit; c. Failure to repair and/or replace damaged refuse cart if damage is caused by Contractor (only to be applicable if refuse carts are implemented in any areas serviced by contractor at a future date) -- $25 per cart or cost of repair /replacement, whichever is greater; d. Failure or neglect to fully complete a route on the regular scheduled day -- $1,500 per route; e. Failure to clean up spillage caused by Contractor -- $500 per incident; f. Failure to collect any portion of a route on day of scheduled collection -- $5,000 per incident; g. Failure to repair damage to customer property caused by Contractor —Cost of Repair to City; h. Failure to maintain equipment in a clean, safe, and sanitary manner -- $500 per incident; i. Failure to have vehicle operators properly licensed -- $500 per incident; j. Failure to display Contractor's name and phone number on each collection vehicle -- $500 per vehicle; k. Failure to comply with the hours of operation as required by this Contract -- $500 per incident; l. Failure to provide proper notification of collection day changes -- $1,000 per incident; m. Failure to deliver refuse to the appropriate designated facility -- $1,000 per incident; and n. Failure to segregate refuse collected within the City from other sources -- $1,000 per incident. 4. If City determines that Contractor's performance or handling of complaints is not satisfactory and is affecting the City's refuse collection and disposal program, City may require Contractor to either: 1) submit, within five (5) days of notification, a written outline of the steps Contractor will take to avoid future late collections or problems or 2) to meet with City to discuss service problems and provide a correction plan to the City's satisfaction. This requirement is in addition to other requirements or consequences outlined in this Contract. 5. In the event that Contractor's record of performance shows that Contractor has frequently, regularly or repetitively defaulted in the performance of any of the covenants and conditions required by this Contract, and even if Contractor has been assessed administrative charges or has corrected each condition of default, Contractor shall be deemed a "habitual violator." All defaults shall be considered cumulative and collectively shall constitute a condition of irredeemable default. City shall notify Contractor in writing that a further violation will result in Contract termination and City may invoke any legal remedy that may apply. 6. Nothing within this ATTACHMENT C shall be construed to prohibit City from electing to pursue any and all remedies that might otherwise be available to it, whether in law or equity, in the event Contractor shall be in material default or breach of any material provision of this Contract, or in the event that Contractor's actions or inaction in performing under this Contract results in the City's incurring any liability to a third party which cannot be satisfied by the administrative charge(s) specifically set forth herein. ATTACHMENT D, DEFINITIONS Bulky items. Items to be discarded, common to a household, which weigh more than 40 pounds or have a combined dimension of length, plus width, plus height that exceeds one hundred (100) inches. Dwelling unit. Any room or group of rooms located within a dwelling, and forming a single habitable unit with facilities which are used, or are intended to be used, for living, sleeping, cooking, and eating. Eligible dwelling unit. Two (2) or fewer dwelling units housed under a common roof. The term includes all current and new Riverside, Missouri fire stations within the collection zones. Exempt dwelling unit. Buildings containing three (3) or more dwelling units housed under a common roof and dwelling units exempt from collection, unless otherwise specifically included in the definition of eligible dwelling unit. Hazardous materials. Materials that, by law, are banned from local landfills and /or from curbside collection. Recyclables. These items include all aluminum and metal food cans, aluminum trays and foil, steel cans and tins. Plastics shall include PET soda, milk, water and flavored beverage bottles (#1 clear and green plastic resin), HDPE detergent and fabric softener containers (#2 colored plastic resin), PVC narrow neck containers (#3 plastic resin) typically found in health and beauty aide products or household cleaners, LDPE grocery containers (#4 plastic resin) typically found in margarine or butter tubs, frozen dessert cups, six and twelve pack rings, PP grocery containers (#5 plastic resin) typically found in yogurt cups or narrow neck syrup and ketchup bottles, #7 plastic resin grocery narrow neck containers, newspapers including inserts, magazines, catalogues, telephone books, brown paper bags, office paper, computer paper, notebook paper and gift- wrapping, chipboard (cereal, cake, mix, gift boxes, etc.), carrier stock (soda and beer can carrying cases), paperback books and cardboard. Solid Waste. All semi -solid and solid waste derived from and during the procurement, storage, processing, cooking and consumption of food materials of animals, vegetable or synthetic origin which are intended for and are used by residents for the refreshment or sustenance of human beings or animals. Solid waste shall not include dead animals, animal parts, household hazardous waste such as wet paint, pesticides, strong clean air agents, tires, auto batteries and combustibles of all kinds. Solid waste shall not include ashes stored in ash pits, parts of trees, bushes and soil, mortar, plaster, concrete, bricks, stone, gravel, sand and all waster or leftover materials resulting from grading, excavation, construction, alteration, repair or wrecking of buildings, structures, walls roofs, roads, streets walks or other facilities and such items of rubbish whose weight, size and dimension require more than one person to remove. Yard Waste. Organic, compostable materials generated from residential property within the City.