AgdaPkt 2017-05-22 Joint SA PFA - Laserfiche WebLink

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SBWMA Page 1 April 7, 2017 SBWMA/Recology Model Franchise Agreement Summary of Modifications as of April 6, 2017 Reference Section Description Modifications to Model Agreement Entire Document  Changed “Authority” to SBWMA to be consistent with current use of names.  Integrated changes pursuant to the 2013 First Amendment to the current franchise agreement (2009 Franchise Agreement). Recitals  Added several recitals describing the process for Amending and Restating the Agreement.  Identified a 15‐year term for amended and restated Agreement (in addition to the original 10‐year term of the current franchise).  Included references to recent State regulations/legislation (e.g., AB 341, AB 1826, SB 1383). 2.09 Statements and Information In Proposal Amended this Section to reference Contractor’s proposal submitted as part of this process to amend and restate the Agreement rather than referencing the original 2008 proposal. 2.10 Iran Contracting Certification Added a new Section for Contractor’s certification related to the Iran Contracting Act of 2010 (California Public Contract Code Section 2203 of the Iran Contracting Act of 2010). 3.01 Effective Date Amended Effective date to June 30, 2018, which is the date the Agreement becomes binding and enforceable provided that all conditions set forth in Sections 3.04.A and 3.04.B have been satisfied or waived. Note that the services do not commence until January 1, 2021. 3.02 Term  Defined the term of the amended and restated Agreement to be 15 years in addition to the 10‐year term of the current 2009 Franchise Agreement for a total of 25 years.  Described that the 2009 Franchise Agreement will govern through December 31, 2020, and that the amended and restated Agreement will govern from and after January 1, 2021. 3.03 Extension of Term  Added provision allowing an extension of up to 5 years (for a total maximum term of 30 years) at Agency’s discretion, but subject to Contractor’s consent.  Specified that if parties do not mutually agree on an extension, an extension of up to 1 year at Agency’s sole discretion will be allowed. The extension would be subject to a meet and confer if Contractor is experiencing a net financial loss in operations under the Agreement.  Indicated that a three year noticing period is required if Agency wants to extend the Term. 3.04A Conditions to Effectiveness of Agreement Removed requirement for Contractor to provide a performance bond on June 30, 2018 because Contractor has a valid bond in place under the 2009 Franchise Agreement. Note that a performance bond is required on the Commencement Date (January 1, 2021) pursuant to Section 13.03. 4.02 Limitations to Scope Amended language to include Recyclable Materials and Organic Materials as materials that may be handled by Persons other than the Contractor when the removal of such materials is an incidental service to landscaping and construction‐related services. 5.01 General Collection Services Amended language as follows: “…new programs that may impact the overall quantity or composition of Solid Waste, Targeted Recyclable Materials, and/or Organic Materials to be Collected by Contractor.” 5.02.A Single‐Family Solid Waste Collection Service  Modified language to generally provide additional clarity and improve organization of the content.  Included language that allows Contractor, on an annual basis, to request reverification of Special Handling Service eligibility from Customer. FAX Committee Final Findings Report 04/20/2017 Attachment G: Section-by Section Summary of Proposed Changes p - 1 7.A - Page 31