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HomeMy WebLinkAbout94131 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2S 29 30 31 32 33 34 35 36 RESOLUTION NO. 9,41 A RESOLUTION TO APPROVE ENTRY INTO A CONTRACT WITH WASTE MANAGEMENT, INCORPORATED TO PROVIDE RECYCLING SERVICES FOR THE CITY OF LITTLE ROCK AND THE PU ASKI COUNTY REGIONAL SOLID WASTE MANAGEMENT DISTRICT; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY DOCUMENTS NECESSARY; AND FOR OTHER PURPOSES. WHEREAS, - the City has explored the possibility of privatizing aspects of its recycling procedures; and WHEREAS, after a competitive selection process Waste Management, Inc., of Arkansas, was selected as the most qualified bidder; and WHEREAS, the Board of Directors of the City of Little Rock has previously authorized the negotiation of a contract to provide these services; and WHEREAS, this contract has now been negotiated and is ready for execution. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1: The City is authorized to participate with the Pulaski County Regional Solid Waste Management District ( "District") and to enter into a contract with Waste Management, Inc., of Arkansas, in substantially the same form as that attached to this Resolution as Exhibit A. SECTION 2: The Mayor, City Manager and City Clerk are authorized to enter into all agreements necessary to bring this contract to fruition including, but not limited to, a separate interlocal agreement between the City and the District, or members of the District, in a form approved by the City Attorney. PASSED: June 6, 1995 \ ATTEST: APPROVED AS TO FORM: Ii L / IMP ' RESIDENTIAL RECYCLABLE MATERIALS COLLECTION AND PROCESSING AGREEMENT ENTERED INTO BY AND BETWEEN THE PULASKI COUNTY REGIONAL SOLID WASTE MANAGEMENT DISTRICT AND WASTE MANAGEMENT OF ARKANSAS, INC. DATED: JUNE 12, 1995 TABLE OF CONTENTS 1. BACKGROUND 2. DEFINITIONS 3. TERM 4. SCOPE OF SERVICE 4.1 Residential Recyclable Materials A. Service B. Recyclable Materials to be Collected C. Recycling Bins D. Contaminated Materials E. Processing Recyclable Materials 320 6 TABLE OF CONTENTS 1. BACKGROUND 2. DEFINITIONS 3. TERM 4. SCOPE OF SERVICE 4.1 Residential Recyclable Materials A. Service B. Recyclable Materials to be Collected C. Recycling Bins D. Contaminated Materials E. Processing Recyclable Materials F. Educational Programs G. Recycling Information for Customers H. Customer Relations I. Start -Up Process 5. OPERATION 5.1 Collection Schedule & Holidays 5.2 Routing 5.3 Contractor's Office 5.4 Safeguarding Public Utilities 5.5 Complaint Procedures and Missed Pick -ups 5.6 Missed Collections 5.7 Responsibility for Costs 5.8 Ownership of Equipment _ 5.9 Cleaning and Painting of Vehicles & Equipment 5.10 Employee's Conduct 5.11 Loading 5.12 Permits 5.13 Contract Management - Administration 6. EMPLOYEE RELATIONS 6.1 Equal Opportunity 6.2 Personnel 6.3 Displaced City and County Employees 6.4 Drug Free Workplace i w i 3z0'c 7. RECORDS & REPORTING 7.1 Accurate Records 7.2 Reporting Requirements A. Monthly Program Reports B. Curbside Recycling Report 8. RATES & BILLING 8.1 Contractor's Compensation A. Initial Rate B. Adjustments to Compensation 8.2 Billing & Payment Process 9. INSURANCE 9.1 Insurance Requirements 10. INDEMNITY 11. PERFORMANCE BOND 12. DEFAULT 13. MISCELLANEOUS 13.1 Assignment 13.2 Governing Law 13.3 Notices 13.4 Annexation 13.5 Compliance with Laws 13.6 Emergency Service Provisions 13.7 Severability 13.8 Modification 13.9 Standard Non - Appropriate Clause 13.10 Proprietary Information as Property of Company 13.11 City Enforcement Rights 2 RESIDENTIAL RECYCLABLE MATERIALS COLLECTION AND PROCESSING AGREEMENT 320.D This Residential Recyclable Materials Collection and Processing Agreement is dated this _ day of , 1995, by and between The Pulaski County Regional Solid Waste Management District (the "District ") and Waste Management of Arkansas, Inc., (the "Contractor "). 1. BACKGROUND On August 25, 1994, the District and each of its participating members jointly solicited proposals for solid waste collection and recycling services for certain geographic areas within the District. Proposals were received on November 9, 1994 and the members of the District have reviewed the proposals for their specific jurisdiction. On March 7, 1995, the City of Little Rock Board of Directors authorized the City Manager to negotiate a contract based on Contractor's Solid Waste and Yard Waste Proposal for collection in portions of the District and the Recycling Service for all of the City of Little Rock. The District and the City of Little Rock will enter into an Interlocal Agreement delegating responsibility for the administration and responsibility for performance under this Agreement. 2. DEFINITIONS City - The City of Little Rock, Arkansas. Complaint - A communication from a customer concerning service, which upon investigation by the Contractor or the District, is determined to be correct and shall prompt some action by the Contractor or the District. Contract- Refers to this Residential Recyclable Materials Collection and Processing Agreement. Contract Area - The geographic area constituting the geographic limits of the City of Little Rock. District - The Pulaski County Regional Solid Waste Management District and its designated participants. Effective Date - The last date that this Contract is executed by either the Contractor or the District. Material Recycling Facility (MRF) - Contractor's facility where recyciables are separated, grouped, baled and transformed for commercial purposes. =%wpslw.viaurock� 1 Recyclable - Those materials from the solid waste stream that can be recovered for re -use in present or re- processed form. Recycling - The systematic collection, sorting, decontamination and returning of waste materials to commerce or commodities for use or exchange. Recycling Bin - A rigid plastic container of approximately eighteen (18) gallons in capacity. The color of and information on the Recycling Bin will be as proposed by Contractor and approved by the District. Recyclable Materials - Those items defined in Section 4.1 B. Residential Unit - A dwelling within the proposal limits occupied by a person or a group of persons comprising of not more than four (4) families. Single family, duplexes, triplexes and fourpelxes are included. Residential Unit also includes those apartment complexes designated by the District which exceed four (4) families which were grandfathered individual collection by the District. Residue - Materials collected by Contractor that are not shipped to recyclable markets for re -use either due to its non - conformity or as result of processing at the MRF. Residue Allowance - The amount of Residue Contractor is authorized to dispose at the Little Rock Landfill at no charge. For purposes of this Agreement the Residue Allowance shall be eight (8 %) percent of the total tonnage of the Recyclable Materials collected in the City that are delivered to the MRF by Contractor pursuant to this Agreement. The Residue Allowance will be calculated monthly. Total Service Fee - The total compensation received by the Contractor during a full year of service under this Contract. 3. TERM The period of this Agreement shall be seven (7) years from the commencement of service. The commencement of service date shall be October 1, 1995 or the date that the MRF is operational and ready to accept and process the District's recyclable materials, whichever later occurs. 4. SCOPE OF SERVICE Contractor is herein granted the exclusive right to provide residential recyclable materials collection and processing services in the Contract Area. =%wF51XdaVAWockr 2 4.1 Residential Recyclable Materials A. Service �J The Contractor shall provide residential Recyclable Materials collection service to residential units utilizing recycling bins one (1) time a week. The Recyclable Materials must be placed in the recycling bin at or within five (5) feet of the curb of a road or right of way or in the alley for those areas agreed to by the District and Contractor. After loading, Contractor shall not place the empty Recycling Bins on the sidewalk. Contractor shall make arrangements to provide special collection for individuals with demonstrated disabilities requiring "at door collection." Contractor shall adhere to any Americans with Disabilities Act ( "ADA ") Internal Grievance Procedures adopted by the City relative to prompt and equitable resolution of complaints alleging any action prohibited by the U.S. Department of Justice Regulations implementing Title II of the ADA. B. Recyclable Materials to be Collected Contractor will collect the following Recyclable Materials: a. Newsprint, junk mail, brown paper, white paper, magazines b. Clear glass, brown glass, green glass C. Aluminum cans d. HDPE Plastic: natural jugs (milk and bottled water jugs) and soft drink bottles only e. Steel cans f. Corrugated cardboard Recyclable Materials other than these shall not be collected by the Contractor, unless the Contractor and the District mutually agree to changes in materials collected. In the event that customers leave materials that are not included in the program, the Contractor shall provide simple and easy to read information to the customer, explaining what materials are acceptable to the program. C. Recycling Bins Contractor is responsible for purchasing and delivering Recycling Bins to Residential Units. In addition, Contractor agrees to provide up to 540 replacement recycling bins each year of the term of this Agreement. D. Contaminated Materials Contaminated Materials are those not identified for collection or not properly prepared for collection in this program. When customers place contaminated c- l"571davidUrockrea 3 � • 320G- Materials in the Recycling Bin, Contractor shall not collect the materials, but shall provide simple and easy to read information to the customer, explaining how to avoid contaminating Recyclable Materials. E. Processing Recyclable Materials Contractor will finance, construct and operate a MRF of sufficient design and capacity to process the Recyclable Materials collected under this Contract. Contractor is also responsible for siting the MRF in Pulaski County. Contractor shall obtain all permits and regulatory approvals for the MRF. Contractor may process at the MRF, materials other than those collected through this program. Contractor may dispose of Residue generated at the MRF up to the Residue Allowance at the City of Little Rock Landfill at no charge, provided Contractor does so in full compliance with the Solid Waste and Yard Waste Collection Agreement regarding the use of the City's Landfill. Should Contractor fail to comply with such Agreement, Contractor shall immediately cease disposing in the City's Landfill residue generated at the MRF. Contractor shall also offer a . drop -off container at the MRF or a location in the City for individual delivery of recyclable materials. Materials involved in this Contract for recycling may not be landfilled. F. Educational Programs At the MRF, Contractor will provide facilities, equipment and programs for public education about recycling. The public will have controlled access to the MRF. Controlled access means that the Contractor will design and construct the MRF to allow public viewing of some or all of processing recyclables for sale. At a minimum the proposal shall include a classroom of sufficient size for orientation of visitors and approximately 50 school children. The room shall be heated and air conditioned with classroom seats, a .television and VCR, a window for viewing the MRF operation and facilities for posters and small exhibits. The design of the MRF will be such to permit groups to tour the various areas of the facility. G. Recycling Information for Customers Contractor will provide simple and easy to read materials to the customers, describing what materials are to be recycled, how to place the recyclables in the container, and when recycling pick -ups occur. In addition, Contractor will provide a system of informing the customer when the customer leaves materials that are contaminated or are not the types of materials being recycled. H. Customer Relations c:%wpsiWavid%kock. 4 5. 5.1 5.2 5.3 a • Contractor is responsible for customer relations. Contractor shall operate a system for receiving and responding immediately to customer complaints or requests for information. Contractor shall provide District information on the monthly report form and the number of customer inquiries, complaints, and disposition of problems raised by customers. Start-up Process Contractor shall describe to the District the process for starting up curbside recycling services, including a calendar schedule of events. Contractor should identify the sequence for implementing curbside recycling services, including, but not limited to the following: a. Customer information program on what's included and how the service works; b. Scheduling curbside service start -up by neighborhood; C. Material marketing plan In addition to the items described herein, a Promotion /Public Relations Plan is attached as Exhibit A to this Contract. OPERATION Collection Schedule & Holidays Residential Recyclable Materials collection may be made Monday through Saturday. Collections may be made between 7:00 a.m. and 5:00 p.m. or until completed. Contractor will follow the Little Rock holiday schedules as attached on Exhibit B. Contractor will be required to issue media notices at their expense to inform customers of holiday service schedules. Routing All routing must be approved by the District. After the first (six (6) months of providing service the Contractor wishes to change the route, day or time of collection except where provisions exist in this Contract for holidays and other ,special occasions, Contractor shall notify the District in writing sixty (60) days prior to the date of the intended changes and the reasons therefore, but in no event shall the changes be accomplished until permission therefore is given in writing by the District and notices have been sent by the Contractor to all affected customers two (2) weeks prior to change. Contractor's Office C.Xvry51%davidltrack a 5 W m m m M M M Ll • 320X The Contractor shall maintain an office facility in a location provided with telephones, a facsimile machine and attendants as may be necessary to take care of requests for service, complaints or instructions from the District. This office shall be in operation between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. The Contractor shall provide a telephone response machine with a recording, which shall be in operation when the telephones are not attended. The recording shall stipulate the days and hours the Contractor is open for business and, on the occasion of holidays, special arrangements for collections, as approved by the District. 5.4 Safeguarding Public Utilities The Contractor shall be obligated to protect all public and private utilities whether occupying street or public or private property. If such utilities are damaged by reason of the Contractor's operations, the Contractor shall respond to such damage within twenty four (24) hours, or failing to do so, the District may cause repairs or replacement to be made and the cost of doing so shall be billed to Contractor, or alternately, the District may deduct such cost from the payment due the Contractor. The District shall not be liable for any damage to property or person caused by Contractor or for the clean -up of any waste or recyclable materials if Contractor fails to do so. 5.5 Comolaint Procedures and Missed Pick -Uos The Contractor will receive and log all calls from citizens regarding complaints or problems. The District may refer complaints it receives to Contractor or independently investigate the complaint. The District will inspect the complaint log frequently and follow -up with citizens to determine if complaints have been resolved. The failure by the Contractor to effectively respond to complaints may be grounds for termination of the Contract. Contractor will be expected to remove all properly contained Recyclable Materials at each collection location. Failure to do so constitutes a complaint whether reported by the citizen or not. 5.6 Missed Collections Missed collection pick -ups shall be made by the Contractor when requested by the Customer at no cost to the District or the Customer. If the Contractor fails to provide a pick -up within twenty -four (24) hours of notification by the District of missed collections, the District may cause the work to be done by District forces or others. The sum of $25.00 or actual costs if greater for each such pick -up shall be billed to the Contractor, or alternately, the District may deduct such costs from the payment due the Contractor. Material left purposely by CAWP511o%vk took . 6 M IMI a M M M M 3200 the Contractor must be tagged to indicate the reason it was not picked up. If material is not collected because it is not included in this Contract, it shall not be considered a missed collection. 5.7 Responsibility for Costs The Contractor shall furnish, at the Contractor's cost, all labor, materials, and equipment, including equipment replacement when necessary, to fulfill the scope of services under this Contract. 5.8 Ownership of Equipment All vehicles, facilities, equipment and property used in the performance of this Agreement shall be wholly owned by the Contractor or temporarily leased for less than six (6) months, provided leasing or rental agreements in excess of six (6) months may be allowed where approved by the District prior to the execution of the equipment contract and conditional sale contracts, mortgages or other contractual arrangements for financing the purchase of such equipment may be allowed where approved by the District prior to execution of the equipment contract. All such leasing, rental or purchase agreements shall provide that in the event of default of the equipment contract, or of such leasing, rental or purchase agreement, the District at its option, shall have the right to take possession of, use and operate vehicles and equipment covered by such leasing, rental or purchase agreement for the expired term of the equipment contract to the extent authorized by Arkansas law. In the event the Contractor owns vehicles and equipment necessary to perform the contract services under this Agreement and in the event of default of this Agreement, the District at its option, shall take possession of, use and operate the Contractor's vehicles and equipment for the unexpired term of this Agreement, provided, however, that the District shall pay the Contractor fair market lease value for the vehicles and equipment. In the event the District and Contractor cannot agree on the fair market lease rate, the District shall select an independent appraiser to determine the lease value and such determination shall be binding. 5.9 Cleaning and Painting of Vehicles & Equipment Collection vehicles shall be painted and numbered and shall have the Contractor's name, telephone number, and the number of the vehicle painted in letters of contrasting color, at least four (4) inches high, on each side of each vehicle, and the number painted on the rear. No advertising shall be permitted other than the name of the Contractor, except District approved promotional advertisement. Collection vehicles will be maintained in a clean condition and =1wp591dnWdWock x 7 320 K free from major visible damages. 5.10 Employee's Conduct The Contractor shall require all employees to be courteous at all times, not to use loud or profane language and to do their work as quietly as possible. 5.11 Loading Care shall be taken in the loading and transportation of Recyclable Materials so that none of the material is left either on private property or on the streets or alleys. Any materials covered by this Contract and left on private property or on street or alleys by the Contractor shall be cleaned up four (4) business hours, however, in no event later than the following day, upon notice from the District or by the customer. The District supports the goals and activities of the Little Rock City Beautiful Commission and similar organizations throughout the District. In order to support these goals, Recyclable Materials collection must be accomplished in a manner which contributes to a litter free environment. While the District recognizes than an occasional emergency may require unloading a Recyclable Materials collection vehicle in the field, this material shall be recollected within two hours of the unloading unless prohibited by emergency response personnel. The area must be litter free after the recollection and the unloading shall not obstruct traffic. If the materials unloaded are not recollected within four (4) business hours the District may collect the material and withhold actual costs of this collection from the Contractor's payments for that month. The Contractor is not required to pick up materials left for collection other than as specified in the Contract. Such materials left shall be tagged with an explanation to the Residential Unit leaving the Recyclable Materials. The Contractor shall notify the District of Residential Units which continue to set out such Recyclable Materials improperly. 5.12 Permits The Contractor shall take out and pay for any permits required by the Arkansas Department of Pollution Control and Ecology, the District, or any other governmental authority which may be required. 5.13 Contract Management - Administration The work included in this Agreement and subsequent contracts shall be under the administration of the District Chairman or duly authorized representative. atwpsiwavwwookr 8 EMN 0 . 32 ®L superintendent or supervisor, who may have immediate charge thereof. 6.3 Displaced City and County Employees As a result of the Solid Waste and Yard Waste Contract, certain county or city employee positions will be eliminated. The Contractor shall be required to offer the first right of refusal for positions required to fulfill its obligations under this Agreement to qualified employees based on objective criteria of minimum qualifications for each job description. For purposes of this Agreement, employees shall be deemed qualified if they meet the City or County job description for the appropriate collector, equipment operator or supervisor, and the employee passes any required pre - employment drug test and any required DOT physical. However, the Contractor will not be required to hire more employees than needed to perform the provisions of the Contract. Any former public employee hired by Contractor shall be employed for at least the term of the Contract, provided the employee meets Contractor's uniformly applied performance standards in compliance with Contractor's rules and procedures. Contractor shall insure that the employee has immediate insurance coverage and receives all other benefits afforded to its employees. In addition, in the event a City or County employee is laid off during the first two (2) years of the term of this Agreement, Contractor shall use the employee's City or County years of service for determining seniority and priority in rehiring any laid off employees. 6.4 Druo Free Workplace Contractor shall institute a Drug Free Workplace program and provide training and assistance in implementing the program. .t 7. ..RECORDS & REPORTING 7.1 Accurate Records Contractor agrees and covenants to keep and maintain at all times accurate and complete records and accounts in writing, including complaint logs and route books indicating the collections records related to displaced employees, and compliance with environmental laws, allowing the District, or its duly authorized representative or agent, reasonable and adequate access to any and all of said records, data accounts, and Contractor to furnish unto the District upon its request, accurate copies or duplicates thereof, without charge. Such access shall not include Contractor's financial records except as follows: 1) records related to Contractor's net book value of equipment in the event the District exercises its rights if Contractor defaults; 2) records related to the financial impact of a change in law; and 3) records verifying the accuracy of =Jwp51ldevidlkock c 10 a 3 20 M payment made hereunder. Contractor shall maintain its records for a minimum of seven (7) years. 7.2 Reoortinq Requirements Thirty days prior to commencement of services, the Contractor shall submit to the District for approval, monthly program reports and maps precisely defining collection routes, together with the days upon which the routes shall be processed. The maps will indicate direction of travel on all segments and the time at which collection shall regularly commence. A. Monthly Program Reports The Contractor shall submit monthly program reports for the length of the Contract period commencing upon the initial day of execution of the Contract. These reports will be provided in paper "hard copy" and on electronic disk if feasible. The reports will reflect "monthly data" and "year to date" data. These reports shall be due within five (5) business days from the end of the calendar month being reported, the first report being for the partial month ending with the last day the calendar month after the execution of the Contract. At a minimum, the report shall include: B. Curbside Recycling Report Log of complaints including date, time, caller, address, phone, complaint, resolution, resolution date and time and whether complaints come from citizen or the District.. Tonnages of materials collected, tonnages of material successfully marketed, tonnages of collected materials disposed as Residue. Percent of total collected which was disposed of as Residue. Household participation rate as calculated by Arkansas state standards. Revenue generated from the sale of Recyclable Materials collected by Contractor pursuant to this Agreement. 8. RATES & BILLING 8.1 Contractor's Compensation A. Initial Rate Contractor's initial rate for Residential Recyclable Materials collection and processing shall be $1.73 per Residential Unit per month. B. Adiustments to Compensation c:\wp51%&V Urockmc 11 32@/( 1. Consumer Price Index On each anniversary of the Effective Date of this Contract, Contractor's compensation shall be adjusted by the annual percentage change in the Consumer Price Index ( "CPI ") for Urban Wage Earners and Clerical Workers (all items) for the most recent twelve (12) month period preceding the anniversary date for which the information is available. However, on no event will the cumulative total of CPI adjustments exceed twenty -one percent (21 %) over the term of the agreement. 2. Change in Tax or Law In addition to the CPI adjustment to Contractor's compensation, the District and Contractor acknowledge and agree that changes in law, or mandates required under Federal, state or local law, or the imposition of a tax on Contractor's service may increase Contractor's costs of providing the services required under this Contract. Therefore, in the event of such change in law, regulation, rule or the imposition of a tax, fee, surcharge or assessment on Contractor's service, Contractor shall be entitled to an adjustment in its compensation on the Effective Date of the change in law or imposition of a tax. Contractor shall calculate the impact on its costs and submit the calculation to the District together with a description of the law of tax which has been imposed and the Effective Date of the change. 3. Revenue from the Sale of Recyclable Materials A. Except as provided for in this section, Contractor shall be entitled to retain all revenue generated from the sale of Recyclable Materials. The City or any other participating member of the District covered by this Agreement may elect at any time during the term of this Agreement to participate in the market risk associated with the sale of recovered Recyclable Materials by giving Contractor ten (10) days prior written notice of such election. Once the District makes such election, the District will participate throughout the remaining term of this Contract. Thereafter, in the event the market price for a Recyclable Material generated from this Contract is less than eighty (80 %) of the current market price for the Recyclable Material, ( "Revenue Floor "), Contractor will be reimbursed by the District for fifty percent (50 %) of the difference between the Revenue Floor and actual revenue received from the sale of that Recyclable Material. Alternatively, if the market price for a Recyclable Material exceeds one hundred and twenty percent (120 %) of the current market price for the Recyclable Material ( "Revenue Cap "), Contractor will pay to the District fifty percent (50 6/6) of the difference between the Revenue Cap and actual revenue received. cAwp57 Wsvidlkockv 12 � � � � � � Il♦ � � Il♦ � Its � I� � � r 320 o B. The current market price, Revenue Cap and Revenue Floor prices are described on Exhibit C and are based on FOB at Contractor's MRF. C. The revenue calculations shall be made quarterly for each Recyclable Material and any total due for all Recyclable Materials revenue shall be paid within twenty (20) days after completion of the calculation. Contractor will develop a reporting form to be approved by the District which will either reflect the actual total weight of each Recyclable Material collected under this Agreement or the method of calculating the percentage of each Recyclable Material collected pursuant to this Agreement. 8.2 Billing & Payment Process The basis for Contractor compensation shall be an annual house count performed jointly by the Contractor and the District and approved by the District and cities of the District. The count will become effective with the commencement of service and on each anniversary date of the commencement of service. .In the event of major population changes, either the District or the Contractor may request a special house count be performed. The District will provide the Contractor with all available information on customer changes. The District or its designee will act as the billing and collection agent .for Residential Units. Within twenty (20) days after the last day of each month for which contract services have been provided, the Contractor will send the District an invoice for payment based on the dwelling unit count. 9. INSURANCE 9.1 Insurance Requirements The Contractor shall secure and maintain throughout the duration of the Contract, insurance of such types and in the amounts specified herein as may be necessary to protect Contractor and the interests of the City, the District, and any other participating members, against all hazards or risks of loss as hereinafter specified. The form and limits of such insurance, together with the underwriter thereof in each case, must be acceptable to the District but regardless of such acceptance it shall be the responsibility of the Contractor to maintain adequate insurance coverage at all times. Failure of the Contractor to maintain adequate coverage shall not relieve Contractor of any contractual responsibility or obligation. Satisfactory certificates'of insurance shall be filed with the District prior to starting any field work on the Contract. The certificate shall state that thirty =X"Sl\devialkoduae 13 I� M M M Ili M 40 320P (30) days advance written notice will be given to the District before any policy covered thereby is changed or canceled. Worker's Compensation and Emplover's Liability This insurance shall protect the Contractor against all claims under applicable state workers compensation laws. The Contractor shall also be protected against claims for injury, disease, or death of employees which, for any reason, may not fall within the provisions of a workers compensation law. This policy shall include "all states" endorsement. The liability limits shall not be less than: Worker's Compensation & Disability Employer's Liability Public Liability Insurance Statutory $1,000,000 each occurrence The Contractor shall maintain during the life of this Contract such Public Liability Insurance as shall protect it against claims for damages resulting from (a) bodily injury, including wrongful death, and (b) property damage, which may arise from operations under the Contract whether such operations are conducted by Contractor or by any subcontractor or anyone directly or indirectly employed by either of them. The minimum acceptable limits or liability to be provided by such Public Liability Insurance shall be as follows: (a) Bodily Injury Limits (b) Property Damage Limits (c) Environmental Impairment $500,000 each occurrence $500,000 each aggregate $500,000 each occurrence $500,000 each aggregate $1,000,000 each occurrence $1,000,000 each aggregate The Public Liability Insurance required by the preceding subparagraph shall include the following extensions of coverage: (a) The property damage coverage shall include a Comprehensive General Liability for above policy or similar thereto. (b) The property damage coverage shall be included. (c) Contractual Liability coverage shall be included. (d) Protective Liability coverage shall be included to protect the Contractor against claims arising out of operations performed by its subcontractors. e:1wp51WnVkr&OCk+ 14 F__7 L__J M M 0 M M M r M 32m,!� (e) Products liability and /or Completed Operations coverage shall be included. Automobile Liability Insurance The Contractor shall take out and maintain during the life of the Contract such comprehensive automobile (vehicle) liability insurance as shall protect it against claims for damages resulting from (1) bodily injury, including wrongful death, and (2) property damage, which may arise from the operations of any owned, hired or non -owned vehicles used by or for it in any capacity in connection with the carrying out of the Contract. The minimum acceptable limits of liability to be provided by such comprehensive vehicle liability insurance shall be as follows: (1) Bodily Injury Limits (2) Property Damage Limits Umbrella Policy $500,000 each occurrence $500,000 aggregate This insurance shall protect Contractor against all claims in excess of the limits provided underthe Compensation, Comprehensive Automobile Liability, and the Comprehensive General Liability. The liability limits of the Umbrella include the City, the District, and any other participating members, as additional insured and maintained in force for the .duration of the Contract by the Contractor. Policy shall provide a liability limit of not less than $5,000,000 and shall protect the City, the District, and any other participating members, against any and all claims and liabilities for injury to or death of person, or damage to property caused in whole or in part by the negligent acts of omissions of Contractor, his agents, employees, or subcontractors, in connection with or resulting from the operations performed under the terms of the Contract. Proof of Carriage of Insurance Each certificate of insurance shall state the type of coverage certified and shall be identified as one of the following: Insurance Coverage Worker's Compensation Employer's Liability Comprehensive General Liability Bodily Injury Property Damage IM Limits Statutory $1,000,000 each occurrence $500,000 each occurrence $500,000 each aggregate $500,000 each occurrence .M. M on M 11 M M M M M 40 Environmental Impairment Liability Comprehensive Automobile Bodily Injury Property Damage Umbrella Policy INDEMNITY • 320K. $500,000 each aggregate $1,000,000 each occurrence $1,000,000 each aggregate $500,000 each occurrence $500,000 each occurrence $5,000,000 each occurrence The Contractor will indemnify and save harmless the City, the District, and any other participating members, their officers, agents, servants, and employees from, and against, any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and attorney's fees arising out of a willful or negligent act, or omission -- including, but not limited to actions arising under any local, state or federal environmental laws or regulations -- or omission, of the Contractor, its officers, agents, servants, and employees; provided, however, that the Contractor shall not be liable for any suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and attorney's fees arising out of the award of this Contract or a willful or negligent act, or omission, of the City, the District, and any other participating members, their officers, agents, servants, and employees. The indemnification in this section shall be in effect during the term of this Agreement and for a period of five (5) years thereafter. For a violation of a provision of this Agreement, the indemnification shall survive for a period of three (3) years after termination of this Agreement for negligence actions, and for a period of three (3) years after environmental violations are discovered or should have been discovered. PERFORMANCE BOND Prior to commencement of services under the Agreement, the Contractor shall furnish to the District, and keep current, a Performance Bond for the faithful performance of this Contract and all obligations arising hereunder in the amount of Total Service Fee. It shall be executed by a surety company licensed to do business in the State of Arkansas and included on the list of surety companies approved by the Treasurer of the United States. Such Performance Bond shall survive any bankruptcy petition filed by the Contractor, or any other insolvency or reorganization action initiated by the Contractor. c:%rw51XaaridVr«kr 16 J yr 4D 12. DEFAULT • 320s A. The District may cancel this Contract because of Contractor's default, except as otherwise provided below in this Section, by giving the Contractor thirty (30) days advance written notice, to be served as provided in Section 13.3, upon the happening of any one of the following events: 1. The Contractor shall take the benefit of any present or future insolvency statute, or shall make a general assignment for the benefit of creditors, or file a voluntary petition in bankruptcy (court) or a petition or answer seeking an arrangement for its reorganization or the readjustment of its indebtedness under the Federal bankruptcy laws or under any other law or statute of the United States or any state thereof, or consent to the appointment of a receiver, trustee or liquidator of all or substantially all of its property. In the event that any bankruptcy, insolvency, reorganization, receivership, or similar proceeding is instituted by or against Contractor, or in the event of an assignment for the benefit of creditors, Contractor shall not assert or list this Agreement as an asset of such action; or 2. By order of decree of a court, the Contractor shall be adjudged bankrupt or an order shall be made approving a petition filed by any of its creditors or by any of the stockholders of the Contractor, seeking its reorganization or the readjustment of its indebtedness under the Federal bankruptcy laws or under any law or statue of the United States or of any state thereof, provided that if any such judgment or order is started or vacated within sixty (60) days after the entry thereof, any notice of default shall be and become null, void and of no effect; unless such started judgment or order is reinstated in which case, said default shall be deemed immediate; or 3. By, or pursuant to, or under the authority of any legislative act, resolution or rule or any order to decree of any Court or governmental board, agency or officer having jurisdiction, a service, trustee or liquidator shall take possession or control of all or substantially allow the property of the Contractor, and such possession or control shall continue in effect for a period of sixty (60) days; or 4. The Contractor has defaulted by allowing any final judgment for the payment of money to stand against him unsatisfied and said default is not cured within thirty (30) days of receipt of written notice by the District to do so; or cAv4p51\davidMrockr 17 w • 32® T 5. In the event that the unsatisfied final judgment under subsection (4) above is the subject of a judicial proceeding, the Contractor shall not be in default if the sum of money is bonded. The bonds shall be in the form acceptable to the District; or 6. Failure to comply with all local, state and Federal laws governing the services provided under this Agreement or failure to obtain and maintain any permits required pursuant to Section 5.12 of this Agreement; or 7. Failure to comply with the Equal Opportunity, Displaced Employees provisions, Drug Free Workplace or other personnel requirements described in Section 6 of this Agreement. 8. A. The Contractor has defaulted, by failing or refusing to perform or observe the terms, conditions or covenants in this Contract or any of the rules and regulations promulgated by the District pursuant thereto or has wrongfully failed or refused to comply with the instructions of the District and said default is not cured within thirty (30) days of receipt of written notice by the District to do so, or if by reason of the nature of such default, the same cannot be remedied within thirty (30) days following receipt by the Contractor of written demand from the District to do so, the Contractor fails to commence the remedy of such default within said thirty (30) days following such written notice or having so commenced shall fail thereafter to continue with diligence the curing thereof (with the Contractor having the burden of proof to demonstrate); (a) that the default cannot be cured within thirty (30) days, and (b) that it is proceeding with diligence to cure said default, and such default will be cured within a reasonable period of time). However, notwithstanding anything contained herein to the contrary, for the failure of the Contractor to provide Residential Recyclable Materials Collection and Processing services for a period of three (3) consecutive scheduled working days, the District may secure the Contractor's records on the fourth working day in order to provide interim contract collection services until such time as the matter is resolved and the Contractor is again able to perform pursuant to this Contract; provided, however, if the Contractor is unable for any reason or cause to resume performance at the end of thirty (30) working days, all liability of the District under this Contract to the Contractor shall cease and this Contract may be deemed terminated by the District. B. Notwithstanding the foregoing and as supplemental and additional means of termination of this Contract under this Section, in the event that the Contractor's record of performance shows that the Contractor has frequently, regularly or repetitively defaulted in the performance of e:lwp511davi PAvck c 18 w r 0 32®t� any of the covenants and conditions required to be kept and performed by the Contractor, in the opinion of the District and regardless of whether the Contractor has corrected each individual condition of default, the Contractor shall be deemed by the District to be a "habitual violator," shall forfeit the right to any further notice or grace period to correct, and all of said defaults shall be considered cumulative and collectively shall constitute a condition of irredeemable default. The District shall thereupon issue the Contractor a final warning citing the circumstances therefore, and any single default by the Contractor of whatever nature, subsequent to the occurrence of the last of said cumulative defaults, shall be grounds for immediate termination of the Contract. In the event of any such subsequent default, the District may terminate this Contract upon giving of written final notice to the Contractor, such cancellation to be effective upon the date specified in the District's written notice to the Contractor, and all contractual fees due hereunder plus any and all charges and interest shall be payable to said date, and the Contractor shall have no further rights hereunder and immediately upon the specified date in such final notice the Contractor shall proceed to cease any further performance under this Agreement and cooperate with the District to turn over equipment and service responsibility as otherwise required herein. C. In the event of the aforesaid events specified in subsections (A) and (B) above and except as otherwise provided in said subsection, termination shall be effective upon the date specified in the District's . written notice to the Contractor and upon said date this Contract shall be deemed immediately terminated and upon such termination all liability of the District under this Contract to the Contractor shall cease, and the District shall have the right to call the performance bond and shall be free to negotiate with other contractors for the operation of the herein specified services. 13. MISCELLANEOUS 13.1 Assignment The Contractor shall not assign the Contract or any portion thereof or delegate any of the Contractor's rights or duties thereunder without written approval of the District. This written approval shall not be considered as making the District a party to such subcontract or subjecting the District to liability of any kind to any subcontractor. No subcontract shall under any circumstances relieve the Contractor of the surety of liability and obligation under the Contract, and all transactions shall be made through the Contractor. Subcontractors will be recognized and dealt with only as workers and representatives of the CAWPSI%"vidurock. 19 320 If Contractor and as such shall be subject to the same requirements of character and competence as required of the Contractor's employees. Any purported assignment made in violation of this provision shall be void and of no force and effect and shall constitute a material breach of this Contract. 13.2 Governing Law This Contract shall be governed by the laws of the State of Arkansas both as to interpretation and performance. Any and all legal action necessary to enforce this Contract will be held in Pulaski County, Arkansas and the Contract will be interpreted according to the laws of the state of Arkansas. 13.3 Notices Any notice, demand, communication, or request required or permitted hereunder shall be in writing, except where otherwise herein designated by telephone, and delivered in person or sent by certified, return receipt requested, United States Mail as follows: District Cy Carney Assistant City Manager 500 West Markham, Room 203 Little Rock, AR 72201 Contractor: Waste Management of Arkansas, Inc. P. O. Box 193320 Little Rock, AR 72219 -3320 Attn: Division President and General Manager Notices shall be effective when received at the address as specified above. Changes in the respective address to which such notice is to be directed may be made from time to time by written notice. Facsimile transmission is acceptable notice, effective when received, however, facsimile transmission received (i.e. printed) after 4:30 p.m. or on weekends or holidays will be deemed received on the next business day. The original of items which are transmitted by facsimile equipment must also be mailed as required herein. 13.4 Annexation Should an area be annexed by the District, the Contractor shall adjust service to the area upon receiving proper notification from the District. The monthly c:%„psna.+mtockmc 20 rate paid to the Contractor will be pro -rated based on the amount of service provided to the expanded area. 13.5 Comoliance with Laws The Contractor shall conduct its operations under this Contract in compliance with all applicable Federal, state and local laws and regulations. 13.6 Emergency Service Provisions In the event of a hurricane, tornado, major storm, natural disaster, or other such event, the District may grant the Contractor a variance from regular routes and schedules. As soon as practicable after such event, the Contractor shall advise the Contract Administrator when it is anticipated that normal routes and schedules can be resumed. The Contract Administrator shall make an effort through the local news media to inform the public when regular services may be resumed. The clean -up from some events may require that the Contractor hire additional equipment, employee additional personnel, or work existing personnel on overtime hours to clean debris resulting from the event outside the scope of Contractor's service. The Contractor and the District shall negotiate any additional compensation, above the normal compensation contained in this Contract, to cover the costs of rental equipment, additional personnel, overtime hours and other documented expenses provided the Contractor has first secured written authorization and approval from the District to provide the additional service and receive compensation. 13.7 Severability If any provision of this Agreement shall be declared illegal, void or unenforceable by a court of competent jurisdiction, the other provisions shall not be affected but shall remain in full force and effect. 13.8 Modification This Agreement constitutes the entire Agreement by the parties and it may not be altered, revised or modified except by a written modification signed and properly authorized by the parties. 13.9 Standard Non - Appropriation Clause Non- Annrooriation of Funds. The District shall not be deemed in default under Section 12 of this Agreement in the event no funds or insufficient funds are available for appropriation and budgeting in any fiscal period to meet the obligations under this Agreement. Further, the District shall not be deemed in e:%wpG1%deMdWod� 21 r WPM rate paid to the Contractor will be pro -rated based on the amount of service provided to the expanded area. 13.5 Comoliance with Laws The Contractor shall conduct its operations under this Contract in compliance with all applicable Federal, state and local laws and regulations. 13.6 Emergency Service Provisions In the event of a hurricane, tornado, major storm, natural disaster, or other such event, the District may grant the Contractor a variance from regular routes and schedules. As soon as practicable after such event, the Contractor shall advise the Contract Administrator when it is anticipated that normal routes and schedules can be resumed. The Contract Administrator shall make an effort through the local news media to inform the public when regular services may be resumed. The clean -up from some events may require that the Contractor hire additional equipment, employee additional personnel, or work existing personnel on overtime hours to clean debris resulting from the event outside the scope of Contractor's service. The Contractor and the District shall negotiate any additional compensation, above the normal compensation contained in this Contract, to cover the costs of rental equipment, additional personnel, overtime hours and other documented expenses provided the Contractor has first secured written authorization and approval from the District to provide the additional service and receive compensation. 13.7 Severability If any provision of this Agreement shall be declared illegal, void or unenforceable by a court of competent jurisdiction, the other provisions shall not be affected but shall remain in full force and effect. 13.8 Modification This Agreement constitutes the entire Agreement by the parties and it may not be altered, revised or modified except by a written modification signed and properly authorized by the parties. 13.9 Standard Non - Appropriation Clause Non- Annrooriation of Funds. The District shall not be deemed in default under Section 12 of this Agreement in the event no funds or insufficient funds are available for appropriation and budgeting in any fiscal period to meet the obligations under this Agreement. Further, the District shall not be deemed in e:%wpG1%deMdWod� 21 r . i to default in the event that any City lacks the funds, or has insufficient funds, for appropriation and budgeting in any fiscal period. The District will promptly notify the Contractor or its assignees in writing of such occurrence, and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received. 13.10 Proprietary Information as Property of Company Contractor, District, and City recognize that in order to comply with all the terms and conditions of this Agreement it may, on occasion, be necessary for the Contractor to provide the District or the City access to certain proprietary information. To the extent that such information is individually noted and marked "Proprietary" by the Contractor, the District and the City acknowledge that such information will always be considered to be in the sole custody and control of the Contractor, that the information is only being reviewed by the District or the City and, that despite the immediate location of such material, the Contractor shall never be deemed to have provided the material to the District or the City for its possession and control, nor to include such information as a part of any public record. In the absence of a court order issued by a court of competent jurisdiction, or a subpoena duly issued according to law, should any person request access to such information solely upon the basis of state or federal freedom of information laws, the District or the City shall immediately return the information to the Contractor with notice of the request, shall refuse access to the records of the requesting party, and shall complete any necessary review at the Contractor's office. Nothing in this Agreement should be considered to mean that in the event it is necessary for purposes of litigation, state or federal public finance laws, or otherwise, for the District or the City to publish such information, the District or the City is waiving any right to request publication or to comply with any appropriate order, statute, regulation, subpoena or request for publication of such material. 13.11 City Enforcement Rights Notwithstanding any other provision of this Agreement, the City shall have the exclusive right to enforce against the Contractor all the duties and obligations of the Contractor that arise under this Agreement and are performed in those areas listed in Exhibit B that are within the corporate limits of the City; the Contractor will be able to seek enforcement of rights and obligations imposed upon, or due it, against the City, in all areas listed in Exhibit B that are within the corporate limits of the City; the provisions of this Section include, without limitation, the right to declare a default, to terminate this Agreement, or to take any other action that otherwise is given to the District under the terms and conditions herein. cAwp5ltaaaau.ad,� 22 w & 32GY IN WITNESS WHEREOF, the District and Contractor have executed this Agreement on the date hereinafter referred. WASTE MANAGEMENT OF ARKANSAS, INC. By: 1\ Thomas Choate Its: Division President and General Manager Date: Z"(9 f)5 CITY OF LITTLE ROCK, ARKANSAS Date: 7 25- s; THE PULASKI COUNTY REGIONAL SOLID WASTE MANAGEMENT DISTRICT By: Its: F.4. Vt LINE , III Date: =Xwv51XaaAd*ock, 23 •n an am so N an EXHIBIT A 3207- - PROMOTION /PUBLIC RELATIONS PLAN c:'wpslldQwwy„m,M 24 r i 40 0 EXHIBIT A PROMOTION /PUBLIC RELATIONS PLAN CURBSIDE RECYCLING PROGRAM I. Introduction 320AA The development of a strong community education and promotional campaign in the city of Little Rock is crucial to the long term success of the ongoing curbside recycling program. Past experiences dictates that the number of participants involved in the recycling program is a direct reflection on the successful implementation of a creative and persistent community education and public promotion plan. The plan prepared by Waste Management, Inc., experienced in providing extensive public relations campaigns for curbside recycling programs throughout Arkansas will focus on the following overall goals: A. Public Education A successful public education campaign must communicate to the public that waste reduction is necessary, that it improves the environment, and that it ought to be a part of every resident's daily routine. All promotional methods will provide valuable information on what material can and should be recycled and provide all local residents with instructions on the simplest method of doing so. B. Promotion Educating community residents on the importance of recycling and creating initial participation in the curbside program is only half the battle. Keeping residents interested in continuing to make recycling a part of their daily routines will require the use of ongoing creative and persistent methods of promoting recycling activities. Whether it's involving local community groups, organizing in neighborhoods, developing creative programs and mass mail and press plans to support these programs... Waste Management is prepared to invest time and resources to make recycling a household word in Arkansas. C. Little Rock Promotion M � ■� � i 17 ��i�l 0 Waste Management, Inc. is experienced in developing unique programs for promoting local government and community sponsored events. All public educational and promotional efforts will be developed to maximize visibility of all Little Rock officials involved in the curbside recycling program ...promote the Little Rock commitment to improving the environment and reducing waste. In order to achieve these goals, Waste Management has designed a promotional effort intended to maximize the number of contacts with residents. In addition to direct contact, this proposal includes a highly visible media campaign which will increase overall recycling awareness. contact in this plan will not be limited to adults. We will aim our school education program toward elementary and secondary school children. While we have established reasonable goals for participation, we believe that the public awareness proposal described in this section may well allow us to exceed these expectations. In the Little Rock curbside program, every home in the collection area will initially be provided with in -home recycling containers. This action alone should result in high levels of participation. The community education and promotional activities proposed by Waste Management will be focused on attaining high participation and maintaining it. II. Methodology Waste reduction is not an issue normally discussed at family outings or community events. Generally, the public is unaware of our need to reduce waste and has little knowledge or incentive to recycle on its own. All methods of community education and promotion developed by Waste Management will be geared toward local elected official participation, opinion leaders, community organizations, corporate representatives and the public at large and will be focused on the following tasks: A. The Gamenlan Waste Management, Inc., after consultation- with Little Rock officials, will present a detailed gameplan for the curbside recycling program which will include: overall strategy, project concepts, methodology and a detailed timeline of all tasks and duties by week and month. B. Grassroots Community Organizing M 0 The success of the Little Rock curbside recycling program will largely be determined by our ability to convince residents of Little Rock to participate in recycling used materials and to make recycling a part of their daily routines. Organizing neighborhood residents, one -by -one, is one proven method of educating the community and involving them in the project... making this "their" project. Waste Management will utilize the following neighborhood organization techniques: 1. Neighborhood Doorhanger Program 32mOr- Waste Management will create a doorhanger to be placed on the doors of all potential curbside customers in Little Rock.. The doorhangers will provide information on when the recycling bins will be distributed and when the program is to begin. There will also be a telephone number to call for more information. During the initial start -up phases, these doorhangers will be disbursed through Little Rock. C. Youth Educational Programs Today's youth are tomorrow's leaders. If we are to truly establish recycling as a strong long -term community effort, we must also convey this message to our children and young adults. Waste Management believes that the commitment to educating our youth on the benefits of recycling must take_top priority. We are prepared to develop the following programs to reach out to young people in Little Rock: 1. K -12 Recycling Awareness Classes Waste Management will develop a course class curriculum for teaching recycling awareness classes to grade school, junior and senior high* school students. This class presentation will also include a formal video presentation prepared by Waste Management on behalf of Little Rock to be utilized as well for community speech presentations.. We will be responsible for contacting local public schools for scheduling of classes, all personal follow - up, as well as all press promotion and Little Rock elected official involvement. D. so •. Particular attention will be given to creative presentation, as well as student participation and feedback. We may want to consider asking each student, for example, to voluntarily complete a "pledge card" to commit to recycling ten aluminum can and three newspapers in a given week. 2. Library Recycling Awareness Program On behalf of Little Rock, Waste Management will contact public school and county public libraries to investigate the use of bookmarks and other materials commonly distributed at libraries for inclusion of the Little Rock recycling message. 3. Demonstration Days Waste Management, experienced in curbside recycling collection programs, is prepared to organize demonstration projects at local public schools for students to view first hand what happens to their recycling • garbage from curbside collection to distribution, to finished reusable product. Community Outreach Effective community outreach is essential to the success of any comprehensive community recycling effort. Waste Management proposes a strong outreach program that will enable Little Rock to work closely with opinion leaders and community groups toward raising community consciousness about the environment and establishing key participation goals. Waste Management is prepared to institute the following community outreach program: 1. Speakers Bureau. Waste Management will develop a speaking presentation to present to local community meetings. We will solicit community groups, times and locations of meetings and will make key staff available to present speeches to gain community support. E. Mass Mail In the start up phase, Waste Management will design, layout, reproduce and distribute letters and brochures to 32D-u educate residents on recycling and promote the Little Rock curbside recycling program. These materials will include: 1. Billing Inserts We will .produce a billing insert encouraging recycling along with a phone number to call for more information. 2. "How To" Brochure We will produce a "How To" brochure which will be distributed with the bins in the start up phases of the program. This brochure will inform residents what should be recycled, the best methods of home recycling, as well as proper in -house and curbside placement techniques. 3. Organizational Newsletters /Publications 320GE We will contact-key community organizations to ask that a periodic column be placed in their newsletters and publications on the local curbside program and new recycling techniques. We will also assist Little Rock Council staffs in preparing articles, for establishing citywide publication. F. Press /Free Media Services Waste Management is experienced in developing aggressive media plans to utilize all free and low -cost sources to promote the lewisville curbside. recycling program, as well as educate the public. on the importance of recycling to our communities. We will provide Little Rock with the following free and low cost media services: 1. Radio Talk Shows Waste Management will develop a series of well - thought -out letters to talk show contact in the Little Rock media market to schedule a Waste Management representative and Little Rock officials, if available, on radio talk shows. These talk show presentations may want to coincide with local high visibility recycling activities. �■ ... �. .� ■. .� i i 32 ®FE 2. News Releases Waste Management, on behalf of Little Rock will prepare and distribute all approved news released on the curbside program. Emphasis.will be placed on interesting issue angles, as well as creative packaging of important news items. 3. Press Conferences A press conference is a special news event and should only be called when there is news worthy of distribution. Waste Management will organize all phases of press conference presentation. Special consideration will be to theme and original presentation for mass media appeal. We will take responsibility, after consultation with Little Rock, for concept initiation, participant planning, location, all conference material, including press advisories, press kits and releases, conference set -up and all personal contact with reporters where necessary. r M ' r i i 32 ®6e- I EXHIBIT B HOLIDAY SCHEDULE NEW YEARS DAY MARTIN LUTHER KING, JR.'S BIRTHDAY WASHINGTON'S BIRTHDAY MEMORIAL DAY INDEPENDENCE DAY LABOR DAY THANKSGIVING DAY CHRISTMAS DAY E OCC MAGAZINES NEWSPRINT ALUMINUM TIN PLASTIC: —HDPE —PET GLASS- --CLEAR —BROWN —GREEN J i' EXHIBIT C REWE FROM THE SALE OF RTCYCAL'E MAT 80% OF CURRENT MARKET PRICE All prices are per ton "" FOB - WMA MRF $76 $80 $72 $1,024 $24 $528 $240 $16 $8 $0 100% OF CURRENT MARKET PRICE $95 $100 $90 $1,280 $30 $660 $300 $20 $10 $0 RIALS 3 2 ®hh 120% OF CURRENT MARKET PRICE $114 $120 $108 $1,536 $36 $792 $360 $24 $12 $0