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HomeMy WebLinkAboutGreener Corners, LLC - Rainbow Disposal Company, Inc. dba Rainbow Environmental Services - 2011-11-07 (2)e Er Council/Agency Meeting Held: // /P--ajO/ok,� Deferred/Continued to: g,Appr ed ❑ Conditionally Approved ❑ Denied )�� City erk' ignat Council Meeting Date: November 19, 2012 Department ID Number: ED 12-45 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Bob Hall, Deputy City Manager/Economic Development Director SUBJECT: Approve and authorize termination of an Agreement with Greener Corners, LLC and Rainbow Disposal Company dba Rainbow Environmental Services for Public Recycling Program Statement of Issue: The City Council is asked to terminate the Non -Exclusive Agreement and License to Install Waste Receptacles between the City of Huntington Beach, Greener Corners, LLC and Rainbow Environmental Services for implementation of the public recycling program, as approved by the City Council on November 7, 2011. Termination of this Agreement will not impact any existing service provided to the City of Huntington Beach and its residents and businesses under other existing agreements with Rainbow Disposal Company dba Rainbow Environmental Services. Financial Impact: None. Recommended Action: Motion to: Terminate the "Non -Exclusive Agreement and License to Install Waste Receptacles" by and between Greener Corners, LLC, the City of Huntington Beach, and Rainbow Disposal Company dba Rainbow Environmental Services as approved by City Council on November 7, 2011. Alternative Action(s): Do not terminate the Agreement and/or direct staff accordingly. HB -283- Item 12. - I REQUEST FOR COUNCIL ACTION MEETING DATE: 11/19/2012 DEPARTMENT ID NUMBER: ED 12-45 Analysis: On November 7, 2011, the City Council approved an agreement with Greener Corners, LLC and Rainbow Environmental Services for the implementation and operation of a public recycling program for a five-year period after a Request for Proposal (RFP) process. The intent of installing containers was to provide increased opportunities for recycling in high - traffic pedestrian areas — such as the downtown, Central Park and the Sports Complex — and generate additional General Fund revenue through a share of money resulting from sale of advertising space on the containers. The City's vision for the advertising was to utilize the panels on the containers to allow for public -private partnerships promoting environmental stewardship and public recycling education. The role of Greener Corners was to design, manufacture, install and maintain up to 150 containers, as well as sell the advertising, and track and distribute the advertising revenues. On October 23, 2012, Greener Corners submitted an official letter of withdrawal from the Agreement with the City of Huntington Beach, indicating they are unable to continue based on a combination of advertising space restrictions, issues with their separate agreement with Rainbow, and the $50,000 advance payment owed to the City. Under the Agreement, the City was to receive a minimum annual guaranteed payment from Greener Corners of $25,000 for each the five years, and a percentage of any revenues which exceeded the minimum owed to the city. Greener Corners was to advance the first two years' guaranteed payments to the City at the beginning of the program. As the City's contracted waste hauler, Rainbow elected to participate in the program by agreeing to purchase a portion of the first containers to be installed and process the recyclable materials, and would continue to collect and process materials. Greener Corners later negotiated a separate Agreement with Rainbow by which Rainbow would install and maintain the containers, once in place. Greener Corners designed a container that was an appropriate style, fit and color for the proposed installation locations, with advertising panels on both the front and back side of each container. The City was advised that manufacturing would begin immediately following approval of entitlements and would take 8-12 weeks. The Design Review Board approved the overall design, and a Coastal Development Permit was approved on May 8, 2012 for containers within the coastal zone. Under the Coastal Development Permit, 75% of each advertising panel was to be devoted to public service announcements and environmental stewardship, with the remaining 25% available for to commercial advertising. Containers outside of the Coastal Zone would be subject only to administrative approval under the Huntington Beach Zoning and Subdivision Ordinance. The Scope of Work contained within the RFP issued in August 2011 and the Agreement itself reference compliance with all policies and regulations regarding advertising within the coastal zone and within the City of Huntington Beach. Staff was clear with Greener Corners about this vision through every step of the process, often referencing the sample language of "Don't Trash the Beach ... A Message from XYZ Company" as the type of message the City would accept; a message format commonly used in many types of public service advertising campaigns. Since approval of the entitlements, the City has afforded Greener Corners multiple extensions of time to deliver and install the containers but none have been received to date. After the third extension to October 5, 2012, the City exercised its rights under the Agreement on October 8, 2012, by issuing and delivering to Greener Corners a Notice of Breach of Contract and Intent to Terminate Agreement. The Notice provided the required 30 Item 12. - 2 HB -284- REQUEST FOR COUNCIL ACTION MEETING DATE: 11/19/2012 DEPARTMENT ID NUMBER: ED 12-45 days for Greener Corners to cure their breach of failing to manufacture, deliver and install the containers and to provide the required performance security mandated in the agreement. Staff was subsequently advised by Greener Corners via email that the containers would arrive no later than October 31, 2012, and the letter of withdrawal was received on October 23, 2012. The advance payment of $50,000 was offered to the City by Greener Corners in their response to the Request for Proposal submitted to the City on September 21, 2011, and was included in paragraph 4 of the Agreement. The City had not agreed to pro -rate the advanced payment, although the City did agree to pro -rate the performance bond amount for the initial 25 containers to incentivize Greener Corners to complete their manufacturing as quickly as possible. Greener Corners provided neither the security for performance nor the advanced payment. The City was not a party to the separate agreement between Rainbow and Greener Corners. Rainbow reported being invoiced directly by Greener Corners but also reported making specific requests to Greener Corners for a manufacturer's invoice, which never arrived. It is requested that the City Council terminate the Non -Exclusive Agreement and License to Install Waste Receptacles between the City of Huntington Beach, Greener Corners, LLC and Rainbow Disposal Company dba Rainbow Environmental Services. It should be noted that termination of this Agreement has no connection to the existing services already in place for the residents and businesses of Huntington Beach through Rainbow Environmental Services. Environmental Status: N/A Strategic Plan Goal: Improve long-term financial sustainability Attachment(s): Letter of October 23, 2012, from Greener Corners, LLC 2. 1 Letter of October 8, 2012, from the Citv of Huntington Beach to Greener Corners, LLC 3. 1Request for Council Action of November 7, 2011, Approving and Authorizing Agreement with Greener Corners, LLC and Rainbow Disposal dba Rainbow Environmental Services xB -285- Item 12. 3 ATTACHMENT #1 Item 12. - 4 KB -286- October 23, 2012 Simone Slifman, Economic Development Project Manager City of Huntington Beach Hi Simone, This correspondence will serve as Greener Corners' official letter of withdrawal from the Non -Exclusive Agreement and License to Install Waste Receptacles contract with the City of Huntington Beach. Inasmuch as our company attempted to meet the demands of this arrangement, we are not able to continue this agreement based on a combination of the following factors: 1. Advertising restriction limited to 25% of advertising space 2. Rainbow Disposal's lack of responsiveness in signing our joint contract and failure to pay recycling bin invoice in a timely manner 3. City request for $50,000 paid up front instead of a prorated amount tied to each installed unit While we support Huntington Beach's desire for public recycling availability, the original contract signed November 7, 2011 no longer reflects the changes that have since been made to this proposed program, and is simply no longer in the best interests of our company. In order to still achieve the goal of public recycling in Huntington Beach, Greener Corners is willing to release the 25 units that have been customized for the City, including those that our company has committed paying for. This is, however, dependent on Rainbow Disposal's paid invoice for the 20 units they have committed to. We are disappointed that we must end our relationship on this note and are grateful for the opportunity to have worked with a City of your caliber. We will remain in touch with the hopes that we can jointly come to terms on a few of the items that inhibited this program's execution. Please contact us if you have any questions regarding this notice. 1 P Aaron Klein Greener Corners cc: Steven Goldenberg, Greener Corners Bob Hall, City of Huntington Beach Don Schulte, Active Network Bruce Shuman, Rainbow Disposal 301 Route 17 North • Suite 800 • Rutherford, NJ 07070 Telephone: 888-LOOK-4-GC ® Facsimile: (866) 991-3648 HB -287- Item 12. - 5 e ATTACHMENT Item 12. - 6 xB -288- Item 12. - 8 HB -290- Council/Agency Meeting Held: l/— Z Deferred/Continued to: W444" * Apprgyed, ❑ Conditionally Approved ❑ Denied 4tj,�10 City ler Sig Council Meeting Date: November 7, 2011 I Departmen� flt D Number: CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager ED 11-046 PREPARED BY: Bob Hall, Deputy City Manager/Economic Development Director SUBJECT: Approve and authorize execution of an Agreement with Greener Corners, LLC and Rainbow Disposal Company, Inc. dba Rainbow Environmental Services for Public Recycling Program Ire Statement of Issue: Authorize execution of an Agreement with Greener Corners, LLC and Rainbow Disposal Company, Inc. dba Rainbow Environmental Services for Public Recycling Program in Huntington Beach which will provide more opportunities to recycle and generate increased revenue to the General Fund. Financial Impact: This program will result in $25,000 of annually guaranteed revenue to the City's General Fund throughout the five-year Agreement. The City will also receive additional revenue each year when the net advertising revenue exceeds the minimum annual guarantees, beginning with 30% in the first year, and rising incrementally each year by 5% to a total 50% by the fifth year. Recommended Action: Motion to: A) Authorize the Mayor and City Clerk to execute the "Non -Exclusive Agreement and License to Install Waste Receptacles" between the City and Greener Corners, LLC and Rainbow Disposal Company, Inc., dba Rainbow Environmental Services that has been approved to form by the City Attorney; and, B) Authorize the City Manager to execute all documents in furtherance of this Agreement. Alternative Action(s): Do not approve the Agreement and/or direct staff accordingly. Item 5. - 1 HB -291- Item 12. - 9 REQUEST FOR COUNCIL ACTION MEETING DATE: 11/07/2011 DEPARTMENT ID NUMBER: ED11-46 Analysis: In March 2011, the City Council approved an Agreement with Active Network ("Active") to assist Huntington Beach in locating sponsorship opportunities for various City facilities and programs to generate additional general fund revenue. One program with ongoing revenue potential is the utilization of recycling containers with available space for paid advertising; the City would receive a portion of the advertising revenues. A similar program, Adopt -a -Highway, has been in place in the City since 1998. Adopt -a -Highway is permitted the exclusive right to place trash containers on City beaches in exchange for $16,400 in guaranteed annual revenue to the City, as well as percentage of any revenues generated through advertising on the containers. Working with Active and Rainbow Disposal Company, Inc, dba Rainbow Environmental Services ("Rainbow"), the City's exclusive solid waste service provider, a Request for Proposals was released on August 1, 2011, seeking companies interested in providing and installing recycling containers at various locations in the City in exchange for revenue. The RFP was mailed to 19 firms - two proposals were received. After review of both proposals, it is recommended that the City Council approve Greener Corners, LLC as the service provider for this program. Greener Corners will work with the City and Rainbow to install and maintain 150 recycling containers at approved locations throughout the community, including the downtown, beach parking lots, parks, bus stops, community centers and other locations in the public right-of-way. Greener Corners will solicit advertising to be placed on the side of the containers. In exchange for this opportunity, Greener Corners agrees to pay the City a percentage of net advertising revenues with a guaranteed minimum annual revenue of $25,000 for each year of the Agreement. The term of the agreement is for five (5) years, with an option to extend the agreement for an additional five (5) year period. . Upon installation of the containers, Greener Corners will provide $50,000 to the City as an advance payment of the minimum annual guarantee for years 1 and 2. The percentage of net advertising revenue to the City will increase each year starting with 30% of net advertising revenues in year one, increasing in 5% increments annually to 50% of net advertising revenues by the year five. In addition, should the City increase the number of containers, the minimum annual guarantee would range from $30,000 for 200 units to $100,000 for 400 units. Per the City's agreement with Active, they will receive a 15% commission on the revenue generated by this program annually, which will be paid from the City's share of any guaranteed minimum revenue and net advertising revenue. Rainbow has the exclusive right in Huntington Beach to collect and manage refuse and recyclables. Rainbow provides containers throughout the City for residential and commercial purposes and conducts public education about recycling and promotion of recycling programs. Their work does not include solicitation or placement of paid advertising on containers. Rainbow offered to provide the first twenty (20) recycling containers and to collect all recyclables as part of its current franchise agreement, in exchange for having their company name featured on all containers used in the program. Upon approval of the Agreement, Greener Corners will work with the City and Rainbow to finalize the bin design, purchase bins, determine phasing of installation, and complete the Item 12. - 10 HB -292- Item 5. - 2 REQUEST FOR COUNCIL ACTION MEETING DATE: 11/07/2011 DEPARTMENT ID NUMBER: ED11-46 installation within 120 days. Greener Corners will concurrently solicit and secure advertising for the bins. Advertising will be in compliance with the Huntington Beach Municipal Code Chapter 12.36, the City's Coastal Element, and the Downtown Specific Plan. A proposed administrative regulation pertaining to corporate marketing, sponsorships and partnerships is currently under review. This program will be consistent with the guidelines of the pending administrative regulation. The City will work with Greener Corners and Rainbow to ensure ongoing monitoring and success of the program. Environmental Status: None. Strategic Plan Goal: Maintain financial viability and our reserves. Attachment(s): 1. 1Non -Exclusive Agreement and License Between the City of Huntington Beach, Greener Corners LLC and Rainbow Disposal, Inc. dba Rainbow Environmental Services to Install Waste Receptacles Item 5. - 3 HB -293- Item 12. - 11 I' i Item 12. - 12 HB -294 Item 5. - 4 NON-EXCLUSIVE AGREEMENT AND LICENSE TO INSTALL WASTE RECEPTACLES This Non -Exclusive Agreeme t and License (License or Agreement), made and entered into this Wy- day of D �Ci , 20 /1 by and between Greener Corners, LLC, a limited liability company (hereinafter "Licensee"), and the City of Huntington Beach, a charter city and municipal corporation of the State of California (hereinafter "City") and Rainbow Disposal Company, Inc., a California corporation, dba Rainbow Environmental Services (hereinafter "Rainbow"). RECITALS A. City desires to conduct a public service advertising campaign utilizing trash receptacles as the medium whereby the advertisements will be placed. B. Rainbow has an exclusive agreement to collect and dispose of refuse in City. C. Rainbow and City have partnered to provide for waste receptacles to be placed on City property for the purpose of collecting waste as well as providing public service advertising. D. City and Rainbow desire to hire a third parry to advertise on, as well as, install and maintain trash receptacles in various locations in City as provided herein. E. Licensee represents that Licensee is able and willing to provide such services and to comply with the applicable regulations pertaining to transit advertising services, including but not limited to Huntington Beach Municipal Code Chapter 12.36 entitled "Benches, Telephone Booths, and Other Public Service Items" (hereinafter "Chapter 12.36"). F. In undertaking the performance of this License, Licensee represents that it is capable and that any services performed by Licensee under this License will be performed in compliance with such standards as may reasonably be expected from a professional in the field. In addition, Licensee has the financial, legal and technical ability to provide the services, facilities and equipment as set forth in this Agreement granting this License. G. The terms and conditions of this License are reasonable to meet the future public service advertising related needs and interests of the community taking into account the cost of meeting such needs and interests. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: This License shall commence on the date first written above and terminate on November 7, 2016, unless terminated earlier in accordance with Section 14 below. The term may be extended for one additional five (5) year term upon mutual, written agreement of the parties. 11-2806.001/GreenerComers HB -295- Item 12. - 13 2. GRANT OF AUTHORITY, LIMITS AND RESERVATIONS (a) Grant of Authority. City hereby grants to Licensee, subject to the terms and conditions of this License and all applicable laws and regulations pertinent thereto, (specifically including the City's rules and regulations regarding advertising and the Agreement between the City and Rainbow Disposal) the non-exclusive right, privilege, and authority to operate and maintain trash receptacles and advertising thereto within the City as further defined herein. The license areas contemplated by this Agreement consists of all property within the boundaries of the City of Huntington Beach as it exists on the effective date of the Agreement, and as the boundaries may exist during the license period, through any annexation. A list of the specific area and locations of waste receptacles subject to this License ("License Area") is attached hereto as Exhibit A and incorporated by this reference. Any modification to the License Area described in this paragraph must be approved in writing by the City Manager or his/her designee. (b) Scope of License. The License is intended to convey limited rights and interests only as to those Rights -of -Way or public property in which City has an actual interest. It is not a warranty of title or interest in any Right -of -Way or public property; it does not provide Licensee any interest in any particular location within the Right -of -Way or public property; and it does not confer rights other than as expressly provided in the grant. The License does not deprive City or Rainbow (by virtue of its exclusive franchise with the City) of any powers, rights, or privileges it now has or may later acquire in the future to use, perform work on, or to regulate the use of, and to control the Right -of -Way or property, including without limitation the right to perform work on its roadways, Right -of -Way or appurtenant drainage facilities, including but not limited to, constructing, altering, removing, paving, widening, grading, or excavating. (c) Exercise of Authority under License. This License only authorizes Licensee to provide waste receptacles with advertising and/or advertising on Rainbow provided waste receptacles. Neither this License nor the grant of the license shall be interpreted to prevent the City from imposing additional conditions consistent with applicable law; including additional compensation conditions for use of the Rights -.of -Way or property should Licensee provide services other than those contemplated herein. (d) License Not Exclusive. The right to use and occupy the Rights -of -Way is not exclusive and does not explicitly or implicitly preclude the issuance of other licenses to provide trash receptacles, advertising or similar services within City; or affect City's right to use or authorize the use of any of its Rights -of -Way or other property by other persons as City determines appropriate; or affect the City's right to authorize itself or to permit any other business to provide other similar services. (e) Licensee Bears Its Own Costs. Unless otherwise expressly provided by applicable law or in this License, all acts that Licensee is required to perform must be performed at Licensee's own expense. (f) Advertising Receptacle services. City and Licensee will meet and create a schedule whereby Licensee will operate the specific services described in Exhibits A and B I I-2806.001/GreenerComers 2 Item 12. - 14 HB -296- attached hereto and incorporated herein by reference. In addition to the services and guidelines established in Exhibit A and B, the following applies: 1. City must pre -approve all advertising at its sole and absolute discretion. All advertising shall conform to the requirements of Huntington Beach Municipal Code 12.36. Any proposed advertising shall not: a. Display the words "STOP," "DRIVE-IN," "DANGER," or any other word, phrase, symbol or character which may interfere with, mislead, confuse, or direct vehicular traffic; b. Comprise of rotating, revolving, or flashing lighting devices; C. Promote material which the City in its sole discretion determines is offensive to community standards of good taste; d. Promote companies whose business is substantially derived from the sale or manufacture of tobacco products or alcoholic beverages; sexually -oriented businesses; is in violation of any State and/or Federal law; any other industry, business or product which the city determines, in its sole discretion, is not in the best interest of the city and/or not consistent with the goals of the Program. Any exceptions to the foregoing must be approved by a majority of the City Council; e. Promote trash services; f. Contain "on -site business identification signs," "off -site business identification signs," or "political advertisements." For the purpose of this Agreement, "on -site business identification signs" are defined as waste receptacle ad panels immediately adjacent to the business which is the subject of the receptacle advertisement. "Off -site identification signs" are defined as ad panels that give specific direction to an advertiser's place of business other than the site's address. Restrictions include, but are not limited to indications such as: directional arrows; "one block," "next right;" etc. The City Manager or his/her designee will make the final determination on unacceptable advertising. In the event that an advertisement is determined to be unacceptable, Licensee agrees to remove said advertising within twenty-four (24) hours of official notification. 3. COMPENSATION TO CITY For each year during the term of this Agreement, Licensee agrees to pay to City Twerity-five Thousand Dollars ($25,000) Guaranteed Minimum Income for each year of this Agreement, or a percentage of net advertising revenues as set forth in Exhibit "B," attached hereto and incorporated by reference, whichever is greater. If at any time during the Term, Licensee and City agree to increase the number of waste receptacles with advertising to the number of waste receptacles initially authorized, the Guaranteed Minimum Payment shall be 1 1-2806. 001 /GreenerCorners H B -297- Item 12. - 15 increased per waste receptacle on a monthly basis, based on the guaranteed minimums as set forth in Exhibit B. If there is any increase in waste receptacles the performance bond contemplated herein shall be increased by the agreed upon amount. Any decrease in waste receptacles shall not decrease the performance bond amount. Licensee shall pay in advance, the minimum annual payment for the first two (2) full years of service. Thereafter, Licensee shall pay quarterly, in advance, on the first day of the quarter, the contract Guaranteed Minimum Payment or the percentage of net advertising revenues, whichever is greater. Payments shall be made to the City Treasurer, P.O. Box 711, Huntington Beach, CA 92648. If the payment required by this section is not received by the Finance Department within ten (10) calendar days after the end of the month for which the payment is paid, or the next business day if the tenth day falls on a weekend or holiday, Licensee shall pay the following late charge and penalty: 1) a late charge of ten percent (10%) shall be applied to any outstanding balance after any payment hereunder is due but unpaid; and 2) one and one- half percent (1-1/2%) penalty per month shall be added for each month such payment hereunder is due but unpaid. Within sixty (60) days of the end of each contract year Licensee shall deliver to City a Statement of Accounts for the preceding contract year, showing all waste receptacle locations, the advertiser or advertisers at each advertising receptacle during the preceding contract year, the gross advertising revenues received for each advertising panel at each advertising receptacle and the applicable net advertising revenue for that year. The Statement of Accounts shall be prepared or approved by a certified public accountant according to customary accounting practices and shall be accompanied by a certificate of an authorized officer of licensee attesting to the truth and accuracy of the 'information relied upon by the accountant, according to the certifying officer's best knowledge. In the event that Percentage Revenue for a particular contract year exceeds the Guaranteed Minimum Payment received by City for that contract year, Licensee shall pay the difference to the City at the time of filing the Statement of Accounts. The City and its authorized agents shall be granted reasonable access during Licensee's normal business hours to all of Licensee's books, documents, papers, and records that relate to this Agreement. 4. WASTE RECEPTACLE DESIGN STANDARDS (a). Waste Receptacles shall meet the minimum design requirements as defined by City. (b). All work performed in relation to this agreement within the City boundary shall conform to City standards including the latest edition of Standard Specifications for Public Works Construction (Green Book). 11-2806.001/GreenerCorners 4 Item 12. - 16 HB -298- (c). Each Waste Receptacle site design shall be compatible with the landscaping in its vicinity, in a manner satisfactory to City. (d). Licensee shall permanently affix in a conspicuous area on each Waste Receptacle it owns or provides an owner identification tag which includes Licensee's business name and 24 hour service telephone number. (e). Licensee shall permanently affix on a conspicuous area on each waste receptacle it owns or provides, a sticker or decal showing the name of "Rainbow Disposal." Stickers or decals shall be provided by Rainbow Disposal. 5. WASTE RECEPTACLES MAINTENANCE AND REPAIR Licensee shall, at its sole expense maintain all waste receptacles; in a neat, attractive, safe, and sanitary manner in accordance with City guidelines and to the satisfaction of the City Manager or his/ her designee. This includes, but is not limited to removal of litter, graffiti, and debris; cleaning of all visible surfaces, and possibly emptying trash receptacles. In the event emptying is required, City, Licensee and Rainbow shall execute an addendum to this agreement detailing said trash removal operation. Licensee shall report all maintenance activities in the City each quarter. In the event Licensee fails to correct, repair, replace, or remove a waste receptacle as required by this Agreement, City may, at its sole discretion, cause the correction, repair, replace, or removal of the waste receptacles. Any costs incurred by City shall be paid directly to City by Licensee within ten (10) days following receipt by Licensee of City's invoice. Costs not paid within this time period will be deducted from the security deposit as set forth in Section 6. The security deposit shall be repaid within 30 days. If payment is not received by the due date a late charge of 1.5% per month, compounded monthly, will be added. If payment is not received within 30 days of the due date the Licensee will be in default and the Agreement may be terminated immediately. 6. SECURITY FOR PERFORMANCE The purpose of the Performance Security is to insure faithful performance of Licensee's covenants for maintenance, repair or replacement of the waste receptacles, timely payment of all revenues due the City (including without limitation, permit fees, business license fees, and advertising revenues), and restoration of receptacle sites to the condition existing prior to installation of the receptacles whenever a receptacle is removed or relocated. The Licensee shall establish a letter of credit in the sum of One Hundred Dollars ($100.00) per receptacle. As an alternative to establishing a Letter of Credit, the Licensee may obtain a surety bond acceptable to the City, to guarantee the sum of Fifteen Thousand Dollars ($15,000.00). The surety bond shall be in a form acceptable to the City Attorney and shall be submitted concurrently with the effective date of this License. 11-2806.001/GreenerCorners 5 HB -299- Item 12. - 17 7. SITE RELOCATION The City will have the right to require the Licensee to relocate waste receptacles at its sole expense, for the City's convenience. The Licensee shall not relocate or remove waste receptacles without the City's permission. The City may require, or permit waste receptacles to be removed or relocated if it has been demonstrated to be incapable of proper maintenance due to excessive vandalism or any other reasonable cause. "Excessive vandalism" is defined as damage inflicted to an individual receptacle during any consecutive six (6) month period, which requires cumulative expenditures for replacement and repair that exceed the original cost of construction and installation of the receptacle. 8. INDEPENDENT CONTRACTOR Licensee shall, during the entire term of this License, be construed to be an independent contractor and not an employee of the City. This License is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Licensee performs the services which are the subject matter of this License; however, the services to be provided by Licensee shall be provided in a manner consistent with any applicable standards and regulations governing such services. Licensee shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 9. CONFLICT OF INTEREST CLAUSE Licensee covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this License. 10. WAIVER The failure of City or Licensee on one or more occasions to exercise a right or to require compliance or performance under this License, or any other applicable law shall not be deemed to constitute a waiver of such right or a waiver of compliance or performance, unless such right has been specifically waived in writing. Any waiver of a breach is not a waiver of any other breach, whether similar to or different from that waived. 11. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this License shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: 11-2806.001/GreenerComers 6 Item 12. - 18 xB -300- To City: To Licensee: Bob Hall Aaron Klein, CEO Deputy City Manager / Director Greener Corners, LLC Of Economic Development 301 Route 17 North, Suite 800 City of Huntington Beach Rutherford, NJ 07070 2000 Main Street Huntington Beach, CA 92647 To Rainbow Disposal: Bruce Shuman, President/CEO P.O. Box 1026 Huntington Beach, CA 92647-1027 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication. shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days.after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 1.2. EXCLUSIVITY AND AMENDMENT This License represents the complete and exclusive statement between the City and Licensee, and supersedes any and all other licenses, oral or written, between the parties for the same purpose. In the event of a conflict between the terms of this License and any, attachments hereto, the terms of this License shall prevail. This License may not be modified except by written instrument signed by the City and by an authorized representative of Licensee. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with,. or in addition to, that terms and conditions hereof, shall not bind or obligate Licensee nor the City. Each parry to this License acknowledges that no representations, inducements, promises or Licenses, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 13. ASSIGNMENT Inasmuch as this License is intended to secure the specialized services of Licensee, Licensee may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City at the City's sole and absolute discretion, and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this License shall be construed to limit the City's ability to have any of the services which are the subject to this License performed by City personnel or by other Licensees retained by City. ' 11-2806.001/GreenerCorners 7 HB -301- Item 12. - 19 14. TERM[INATION; OWNERSHIP OF RECEPTACLES A. For Convenience. City may terminate this agreement for convenience, in City's sole discretion, upon 60 days prior written notice to Licensee. Following such notice of termination for convenience, City shall have the right, but not the obligation, to purchase from Licensee any or all of the waste receptacles covered by this Agreement. The price to be paid shall depend upon when notice of termination is sent by City, and shall be as set forth below. If notice is sent: Any time during the first year of this Agreement: $2,800 per receptacle Any time during the second year of this Agreement: $2,240 per receptacle Any time during the third year of this Agreement: $1,680 per receptacle Any time during the fourth year of this Agreement: $1,120 per receptacle Any time during the fifth year of this Agreement: $560 per receptacle If City provides notice of termination for convenience and chooses not to purchase said receptacles, the termination date shall be the original expiration date of November 7, 2016; in which event, and provided this Agreement is not extended as set forth in Section 1 of this Agreement, entitled "Term," upon expiration of this Agreement all waste receptacles shall remain in place and shall become the property of City. B. For Cause or Breach. If Licensee fails to obtain or maintain the insurance coverage required by this Agreement, or fails to provide proof of coverage within three (3) days following City's written demand, City may immediately terminate this Agreement. If City determines in its sole discretion that Licensee has otherwise breached or failed to adequately perform its obligations under this Agreement, and that cause exists 'to terminate this Agreement, City shall provide Licensee with written notice of such breach or default. If the breach or default is capable of being cured within thirty (30) days, Licensee shall have such period to effect a cure prior to City terminating this Agreement. If the breach or default is such that it is not reasonably capable of being cured within thirty (30) days, and Licensee (i) initiates corrective action within said period, and (ii) diligently, continually, and in good faith works to effect a cure as soon as possible, then Licensee shall have an additional sixty (60) days to cure the breach or default prior to termination of this Agreement by City. If Licensee fails to take corrective action or cure the default within such time, City may terminate this Agreement and shall give Licensee notice thereof. 15. DISCRIMINATION Licensee shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Licensee affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 11-2806.001JGreenerComers 8 Item 12. - 20 1413 -302- 16. JURISDICTION - VENUE This License and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. This License has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this License shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this License. 17. PROFESSIONAL LICENSES Licensee shall, throughout the term of this License, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Huntington Beach and all other governmental agencies. Licensee shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this License. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS Licensee hereby agrees to protect, defend, indemnify and hold harmless City, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to Licensee's employees and damage to Licensee's property, arising directly or indirectly out of the obligations or operations herein undertaken by Licensee, caused in whole or in part by any negligent act or omission of the Licensee, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the City. Licensee will conduct all defense. at its sole cost and expense and City shall approve selection of Licensee's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Licensee. 19. INSURANCE (a) General Public Liability Insurance / Motor Vehicle Coverage. In addition to workers' compensation and employer's liability insurance as required herein and Licensee's covenant to defend, hold harmless and indemnify City, Licensee shall obtain and furnish to City, a policy of general public liability insurance, including motor vehicle coverage covering the Project/Service. This policy shall indemnify Licensee, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the Project/Service, and shall provide coverage in not less than the following 11-2806.0011GreenerComers 9 HB -303- Item 12. - 21 amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this Project/Service. This policy shall name City, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the Project/Service shall be deemed excess coverage and that Licensee's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self - insured retention, or a "deductible" or any other similar form of limitation on the required coverage. (b) Workers' Compensation and Employer's Liability Insurance. Pursuant to California Labor Code Section 1961, Licensee acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to. be insured against liability for workers' compensation; Licensee covenants that it will comply with such provisions prior to commencing performance of the work hereunder. Licensee shall obtain and furnish to City workers' compensation and employer's liability. insurance in an amount of not less than the State statutory limits. Licensee shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. Licensee shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and Licensee shall similarly require all subcontractors to waive subrogation. (c) Certificates of Insurance• Additional Insured Endorsements. Prior to commencing performance of the work hereunder, Licensee shall furnish to City certificates of insurance subject to approval of the City's Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of City. Licensee shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by City. The requirement for carrying the foregoing insurance coverages shall not derogate from the Licensee's defense, hold harmless and indemnification obligations as set forth under this Agreement. City or its representative shall at all times have the right to 11-2806.001/GreenerComers 10 Item 12. - 22 HB -304- demand the original or a copy of all the policies of insurance. Licensee shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. Licensee shall provide a separate copy of the additional insured endorsement to each of Licensee's insurance policies, naming City, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 20. COMPLIANCE WITH LAW. Licensee shall comply with all statutes, ordinances, regulations, and requirements of all governmental entities, federal, state, county and municipal, relating to this License whether such statutes, ordinances, regulations, and requirements are now in force or hereinafter enacted. The judgment of any court of competent jurisdiction, or the admission by Licensee in a proceeding brought against Licensee by any government entity, that Licensee has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between City and Licensee and shall be ground for termination of this License by City. 21. MISCELLANEOUS PROVISIONS (a) Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this License, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 11-2806.001/GreenerComers I I HB -305- Item 12. - 23 (b) All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this License. In the event that an inconsistency, conflict or, ambiguity exists between the provisions of this License and the provisions of the Exhibits referenced herein, the provisions set forth in this License shall take precedence. IN WITNESS WHEREOF, the parties hereto have executed this License the date and year first above written. GREENER CORNERS, LLC A Limited ability Company By: print name ITS: (circle one) Chairm residenUY a President AND By: k, all Sferen (r'Fside�iz�ry print name YTS: (circle one) Secre Chief Financial ) Officer/Asst. Secretary - Treasurer CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City Clerk INITIATED, REVIEWED AND APPROVED: City Manager RAINBOW DISPOSAL COMPANY, INC., APPROVED AS TO FORM: a California corporation, dba Rainbow Environmental Services City Attorney print name ITS: (circle one) Chairman/President/Vice President �Iom 1 print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer 11-2806.001/GreeaerComm 12 �A `b,ti41;A1, Item 12. - 24 HB -306- (b) All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this License. In the event that an inconsistency, conflict or ambiguity exists between the provisions of this License and the provisions of the Exhibits referenced herein, the provisions set forth in this License shall take precedence. IN WITNESS WHEREOF, the parties hereto have executed this License the date and year first above written. GREENER CORNERS, LLC A Limited Liability Company print name ITS: (circle one) Chairman/President/Vice President go print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer RAINBOW DISPOSAL COMPANY, INC., a California corporation, dba . Rainbow Environmental Services By: -'11 / &,,aLF ahMAatj print name ITS: (circle one) Chairma reside ice President AND 2 By:; a rint name ITS: (circle o Secret efFinancial Officer/Asst. Secretary - reasurer CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City Clerk INITIATED, REVIEWED AND APPROVED: City Manager APPROVED AS TO FORM: City Attorney 11-2806.001/GreenerComers • 12 HB -307- Item 12. - 25 0-) All Exhibits rele.renced herein and attached hereto shall be incorporated as if fully set forth in the body of this License. In the event that an inconsistency, conflict or ainbiL�uity exists between the provisions of this License and tl7e provisions of the Exhibits referenced herein, the provisions set forth in this License shall take precedence. IN WTINESS WHEREOF, the parties hereto have executed this License the date and year first above written. GREENER COMiNERS, LLC A Limited Liability Company By: print name ITS: (circle one) Chairman/PresidentNice President AND By: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer CITY OF HLTiTINGTON BEACH, a municipal corporation of the State of California yor C74t6l;;�J, ty Clerk INITIATE IEWE AND APPROVED: 01 City Manag RAINBOW DISPOSAL COMPANY, INC., APPROVED AS TO FORM: a C..alifnrnin emmnratinn rtha R ninhnw Environmental Services Bv: /; }_-,,V print name ITS: (circle one) Chairnia 'resid 'ice President AND Bv:�� rint name ITS: (circle o Secreta� Lief Financial Officer/Asst. Secretary - reasurer 1 1-2S06.001iGreencrComers <�) �City'rney i6 -lti 12 Item 12. - 26 HB -308- bill HB -309- . Item 12. - 27 GREENER C3)-jRNERS Public Space Recycling Partnerships For Greener Living LOCATION 9 RECYCLING BINS NB PCH BTW 1ST AND 2ND 1 NB PCH BTW 2ND AND 3RD 1 NB PCH BTW 3RD AND MAIN 1 NB PCH BTW MAIN AND 5TH 2 NB PCH BTW 5TH AND 6TH 2 PIER BTW PLAZA AND RUBYS 4 PIER PLAZA SOUTH OF PIER 2 PIER PLAZA NORTH OF PIER 1 SB PCH AT lsr 1 EAST SIDE MAIN BTW PCHIWALNUT 3 EAST SIDE MAIN BTW WALNUT/OLIVE 3 EAST SIDE MAIN AT OLIVE 1 EAST SIDE MAIN AT ORANGE/SOUTH 1 EAST SIDE MAIN AT ORANGE/NORTH 1 EAST SIDE MAIN AT PECAN 1 EAST SIDE MAIN AT 6TH 1 EAST SIDE MAIN AT ACACIA 1 EAST SIDE MAIN SOUTH OF YORKTOWN 1 SOUTH SIDE YORKTOWN WEST OF MAIN 1 WEST SIDE MAIN AT 6TH/NORTH 1 WEST SIDE MAIN BTW 6TH/ORANGE 1 WEST SIDE MAIN BTW OLIVEANALNUT 2 WEST SIDE MAIN BTW WALNUT/PCH 2 SOUTH SIDE WALNUT BTW 6TH/3RD 1 NORTH SIDE WALNUT BTW 6T1V3RD 2 SOUTH SIDE OLIVE EAST OF MAIN 1 NORTH SIDE ORANGE AT MAIN/WEST 1 SOUTH SIDE 5TH BTW WALNUT/OLIVE 1 NORTH SIDE 5TH BTW WALNUT/OLIVE 1 NORTH SIDE 5TH AT OLIVE 1 BEACHFRONT (PIER TO BEACH BLVD) 103 PACIFIC COAST HWY 25 BLUFF TOP (9TH TO SEAPOINT) 2201 PACIFIC COAST HWY 15 CENTRAL PARK N/E GOTHARD / SLATER 35 Item 12. - 28 HB -310- HB -3 11 - Item 12. - 29 A Proposal Prepared for the Cky of Huntington Beach in response- Submitted by: Item 12. - 30 xB -312- A. VENDOR APPLICATION FORM AND COVER LETTER.................................................................................... 3 ContactInformation................................................................................................................................... 4 B. BACKGROUND AND PROJECT SUMMARY.................................................................................................... 5 ProductInformation................................................................................................................................... 6 ServicesInformation..................................................................................................................................7 OngoingSolution.................................................................:...................................................................10 C. METHODOLOGY........................................................................................................................................11 Initial Launch and Installation Plan.........................................................................................................11 ProjectTimeline....................................................................................................................................... 12 Service and Maintenance Plan............................................................................................................... 13 D. STAFFING.................................................................................................................................................15 ProjectTeam........................................................................................................................................... 15 E. QUALIFICATIONS.............................................................................................:.......................................17 Qualificationsof Firm............................................................................................................................... 17 Experience with Municipal Recycling Programs.................................................................................... 19 F. FEE PROPOSAL........................................................................................................................................ 20 Exceptionsto Sample Contract..............................................................................................................21 Conclusion.............................................................................................................................................. 22 APP ENDIX A — ENVIRONMENTAL AFFILIATES................................................................................................. 23 APPENDIX B — VENDOR APPLICATION FORM................................................................................................. 24 APPENDIXC —RECYCLING BIN DESIGNS......................................................................................................,. 25 PROPRIETARY AND CONFIDENTIAL 2OF26 xB -313- Item 12. - 31 �a .Pe 1rTPo S£h�i.Rs .yFwf'N t C 2 �x �� q 4 �r TIC [ '�.J t._ 1 ✓7c g" y Carrie Gonzales, Administrative Assistant City of Huntington Beach Finance Department 2000 Main Street Huntington Beach, CA 92648-2702 RE: Public Recycling Program Thank you for this opportunity to cost-free, comprehensive Public areas, local parks and beaches. Greener Corners specializes in th as a company on public recyclin g What you are about to embark upon is a comprehensive, turnkey solution to public space recycling needs and challenges. Our programs offer customized public recycling bins, education and awareness campaigns, tracked results, and a new revenue stream, all at no cost, risk, or liability to the City of Huntington Beach. All offerings herein are catered to your specific needs and are valid for a period of at least 180 days. Although Greener Corners develops these programs for communities all across America, we implement each as unique, and cater program components accordingly. You will see a lot of language similarities between your RFP and our response due, in large part, to the fact that we spoke about these program components in length during previous discussions. PROPRIETARY AND CONFIDENTIAL 3OF26 Item 12. - 32 HB -314- In all of our programs nationwide, we develop a local office with Team members hired locally to ensure we keep this a local program and help with new jobs and economic stimulus. To that end, once we have been awarded this contract, we will specify where our local Huntington Beach office will be located (Please see Appendix B for Vendor Application Form). We look forward to exceeding your expectations and working with the City of Huntington Beach in the near future. Yours in greener streets, Aaron Klein, Principal Greener Comers www.GreenerCorners.com 888-LOOK-4-GC 1� •� �,d'..:-. -�Sap�YZ .:C w< a 'it C: +r »t -. s+. 4'F' ^��i+ ..,,p�`�.> r ���x - -. The achievement of a successful program depends on a solid relationship. If you have questions about any aspect of this proposal, please contact Aaron -Klein. Aaron is a Principal in the Company and authorized to negotiate on the Company's behalf: Aaron Klein Tel: 201-638-2218 Email: Aaron@GreenerComers.com Greener Comers Head Office 301 Route 17 North Suite 800 Rutherford, NJ 07070 Greener Comers Huntington Beach Office TBD, Pending Contract Award PROPRIETARY AND CONFIDENTIAL 4OF26 HB -315- Item 12. - 33 9 can see a future where Greener Corners bins are considered a necessary part of public space like street lights and stop signs." --Sinclair Radio Stations Greener Comers has been working with numerous City departments to create and develop a Public Space Recycling program in the City of Huntington Beach that will be effective, results -driven, and ongoing. Program components include customized public recycling: sq bins, material collection integration and logistics, Green Team education, organized awareness campaigns, and EPA -linked tracking. This turnkey x program initiative is cost free and revenue generating. Greener Corners is fully committed to working with �. Huntington Beach to make this Public Space Recycling effort a solution to public space waste management and recycling challenges. The program includes concrete measures to ensure its continued success. To implement a Public Space Recycling program that is as comprehensive as it is effective, Greener Comers will provide an array of services for Huntington Beach. We will install and maintain free recycling bins at predetermined locations, and work with Huntington Beach to integrate the public recycling program into Rainbow Disposal's existing collection methods. Our organization will also repair, replace, remove, and relocate our units as required by the City. We also cater the public educational programs and awareness campaigns to meet your City's needs. Each of these services is without cost to the City. This program also generates a new revenue stream (without raising taxes) to be used at your discretion. PROPRIETARY AND CONFIDENTIAL 5 OF 26 Item 12. - 34 HB -316- u '' we t ;. y w �, r •� fir..: * a� 'N e+ �s Product,rinEormat�on�Sk State Of the fit, Customized Recycling Bins Greener Corners' recycling stations are both aesthei These state-of-the-art bins come standard with two or three separate openings deliberately designed to minimize contamination, and clearly marked with labels distinguishing the intended materials. Everything from station design and color to number of openings is fully customizable. Greener Comers will propose a few different design options for the City to choose from, with the final design of all recycling bins approved by the City. All recycling bins will match current streetscape and be identified with side. Please see Appendix C for Recycling Bin Design Options. "Rainbow Disposal" on the Greener Corners is fully responsible for cleaning, maintaining, repairing, and replacing recycling stations as needed, as well as monitoring recycling flow progress. We will routinely clean the outside of the bins to maintain their aesthetic appeal. Graffiti and other blemishes will be removed on an as -needed basis, also at the expense of Greener Comers. The recycling bins will be neat and presentable, free of graffiti, stickers, litter and debris. If a recycling bin becomes damaged and rendered unusable after repair, we will replace the bin immediately. Affixed to each recycling bin will be a nameplate with Maintenance Team contact information and bin ID number as well as a QR Code to scan for. information/tracking purposes (Please see Appendix C). Should the City subsequently determine that an existing location is no longer acceptable, we will remove or relocate the recycling bin within 30 days. In the case of an urgent health and safety issue, Greener Corners will relocate the bin immediately. Along with providing the public with a safe place to recycle when they are out and about, our recycling bins will become an attractive icon for Huntington Beach, representing cleaner, greener streets. ®r—,:r:' Our organization will add additional units outside what Rainbow Disposal is offering, in order to increase the comprehensiveness of our program offering and maximize City revenues. Please see Fee Proposal for ideas on projected number of bins. PROPRIETARY AND CONFIDENTIAL 8OF26- HB -317- Item 12. - 35 Integration Model Greener Comers is committed to making this Public Space Recycling program as seamless a transition as possible. We will work with the City and Rainbow Disposal to integrate the public recycling bins into existing collection routes and in high foot traffic locations including street corners, parks, playgrounds, City facilities and other locations. We will locate these bins near or in place of current trash receptacles so as not to increase the number of pickups. In fact, due to the nature of these bins and the program itself, waste will now be divided into 2 or 3 streams and frequency of pickup may actually be reduced. Safety in the installation of the recycling bins is of utmost importance and placement of recycling bins will not limit vehicular or pedestrian access. All recycling bin designs are ADA compliant, and we will install all bins in accord with all Federal, State or City laws. Greener Comers will host informational and training sessions to educate staff about the recycling bins and proper collection methods. Universal keys for the recycling bins will be supplied to Rainbow Disposal prior to installation, also at no cost. We are committed to ensuring a smooth implementation and are always available for future trainings and ongoing support. Serncesftnformat�on Green Team Education No public space recycling program is complete or will be successful without an extensive education and awareness campaign aimed at residents, businesses, and visitors. The Green Team is a walking, talking public awareness campaign made up of local community volunteers recruited by Greener Corners and consisting of passionate residents of all ages. We supply all Green Team members with matching green attire, ensuring that they are visible to passers- by. The Green Team will be positioned at high -profile recycling station locations to direct public attention towards effective recycling practices. This program component generates excitement and involvement, and provides on -site education. It also creates positive media attention and press coverage. PROPRIETARY AND CONFIDENTIAL 7OF26 Item 12. - 3 6 xB -31 8- The Green Team also visits local schools, civic centers, and community organizations to promote the benefits of recycling. Our volunteers typically come from community centers and other youth organizations. By collaborating with community groups, we help to achieve our goal of a comprehensive recycling awareness movement. Greener Corners will work with local schools positioned within the public recycling zone to incorporate our educational programs. We teach students as well as their parents about Huntington Beach's Public Space Recycling initiative and how they can play an integral role in its success. There is no better way to learn and appreciate the contents of the program than to experience it firsthand. An element of our public awareness campaign is dependent upon your commitment to assist us in creating involvement amongst neighborhood residents. Having presence at local community events will be further confirmation -that recycling is. the way of life in Huntington Beach. The way to secure a consistently successful program is through a productive relationship between -. government and its community. Through collaboration with the City, we can achieve our goal of a comprehensive recycling awareness movement. Recycling Applications Greener Corners is always developing sleek and Phone Recycling Application innovative ways to increase interaction and participation in our community programs. One such example is through mobile applications that help residents, businesses, and visitors keep track of their own recycling practices. These free applications complement our education and awareness efforts. One year after the launch of this Public Space Recycling program, Greener Corners will promote the overall growth of recycling in Huntington Beach and honor its commitment to a greener community by awarding the City with our version of "Greener" Certification in recognition of your environmental achievements. `tracked Results — Equivalent Factors Our organization has partnered with the EPA and a multitude of other organizations to be able to capture recycling tonnage figures and convert them into tangible, meaningful results we call "Equivalent Factors". Residents and visitors will now have the opportunity to understand the impact of their actions when they see the City's recycling results in terms of saved trees, energy conservation, pollution aversion, etc. For your convenience, this information will be provided to you quarterly on the Huntington Beach page on our website, touting your environmentally friendly PROPRIETARY AND CONFIDENTIAL 8 OF 26 HB -319- Item 12. - 37 initiatives. This webpage URL will be publicized in press releases and other materials so your residents and surrounding neighbors can view the success of your program. Greener Corners provides you with up-to-date progress on your public space recycling program through our Community Impact Report. Quarterly, you will receive results of your public recycling program in terms of increased recycling tonnage, conserved landfill space, saved tipping fees, Equivalent Factors, and new revenue. We quantify your recycling tonnage, monitor the results, and ensure that all program goals are being met. showing clean recyclables and decreased waste due to public education and awareness campaigns New Revenue Stearn Greener Corners' Public Space Recycling program literally pays you to recycle. Our proposal includes a shared revenue agreement with the City of Huntington Beach, generated from the sales of local merchant sponsorship on the sides of the recycling bins. We take the cost prohibitive nature of these types of programs off your taxpayers, and provide your business community with the ability to promote their local business and support the new recycling program at the same time. These businesses will have a cost-effective, unique opportunity to reach their respective audiences. All designs are tasteful, encouraged to have Green messages, and reflect a community -wide commitment to a more sustainable society. We will not work with companies whose business is substantially derived from the sale or manufacture of tobacco products or alcoholic beverages, sexually -oriented businesses, and/or any other business, industry or product which the City determines, in its sole discretion, is not in the best interest of the City and/or not consistent with the goals of the program. PROPRIETARY AND CONFIDENTIAL 9 OF 26 Item 12. - 38 HB -320- All merchants who participate in this program receive Greener Recognition for their efforts, invitations to State-wide recycling events, and access to EPA WasteWise experts. Although Greener Corners will be handling and supervising every aspect of this program, including maintenance of advertising space, this entire program will be a Huntington Beach recycling initiative —Greener Corners managed, Huntington Beach Approved. To that end, Huntington Beach will always have the right of first refusal and preapproval on these messages, and 100% control over its content. We will maintain all necessary permissions, consents,- copyrights or licenses to any work to be used in connection with the performance of our Agreement. Greener Comers has developed a revenue -share allowance generated from the business community's support that would come back to the City. This model is graduated and based on net revenues. In addition to this new revenue stream, the City will also benefit from the reduction of its overall waste tonnage and associated disposal and tipping fees, as well as increased recycling commodities. The objective of instituting a Public Space Recycling program in Huntington Beach, aside from cleaning up your streets, is to positively impact the mindset and overall habits of local residents. The success of this --, program flourishes beyond the public realm. Through = A11W' awareness campaigns, educational programs, and other Green Team efforts, as well as local business a' involvement, the influence of public recycling will quickly reach the residential echelon. Greater public recycling awareness = increased residential compliance and consideration! As recycling becomes more and more habitual amongst residents, recycling collection tonnage will increase which, in turn, reduces waste community -wide. This puts Huntington Beach on the fast track to a greener community and towards a "Zero Waste" objective. PROPRIETARY AND CONFIDENTIAL 10 OF 26 HB -321- Item 12. - 39 S c•��f��tb4 y � �L�. t , 4, ��'� vw� "Our partnership with Greener Corners is a Win -Win program; it's a great way to help the planet by increasing recycling in the community and tackle some of our budget challenges at the same time." —Sue S., Public Communications Manager, Colorado Springs, CO �,Intt al Launch and Installit-oyI n t. =P:x �,'Y . Greener Comers plans on implementing an Initial Launch for Huntington Beach consisting of a predetermined number of recycling bins (between 150-250). After the first six months of the program, we will assess the program's efficacy. The purposes of the Initial Launch are threefold: 1) Determine the number of bins that will meet Huntington Beach's needs and formulate recycling tonnage goals for the future based on these figures 2) Monitor and manage the commencement of this program in a dense region by which to measure standards and best practices moving forward 3) Evaluate the effectiveness of the program and recalibrate our efforts if necessary Directly following this Initial Launch period and upon successful review of the aforementioned, Greener Comers will install additional recycling bins to meet your predetermined public space recycling needs. Upon being awarded the contract, Greener Corners will hire a Local Project Manager whose sole responsibility will be to ensure the successful launch of the program. Furthermore, an experienced GC Project Manager will be temporarily relocated to Huntington Beach to further ensure all components are being implemented effectively. Greener Corners has already successfully launched many programs and has developed strict guidelines to follow. Greener Comers has developed a systematic, nonintrusive approach to execute a City-wide installation over the course of a few days. We would only request outdoor space to be used as our centralized drop-off/shipment location. At no point during PROPRIETARY AND CONFIDENTIAL 11 OF 26 Item 12. - 40 HB -322- this process will we be requiring the assistance of City staff. Once the bins have been delivered, our maintenance team will immediately begin to install the bins at their predetermined locations. Our bins are bolted to the ground to reinforce safety, and are installed during less busy times so as not to be obtrusive to passers-by. If we are placing the bins on a non -cement surface, Greener Corners has a proven grass/dirt installation system that is nonintrusive and particularly secure. Pra�e+ct7'imelme4�� rr . s ..1.M�:.�.. Greener Comers has the organizational infrastructure in place so that we can implement and proceed with this program with minimal delay. A sample schedule follows: Immediately Greener Corners works with Huntington Beach to Upon agreement finalize recycling bin design and initial recycling bin signing locations, and hire the Local Project Manager Following bin design approval, Greener Corners orders all recycling bins Within the first 30 days Sponsorship Team begins the initial call blitz to contact local merchants Greener Comers begins organizing local Green Team to promote recycling ro ram Greener Corners and Rainbow Disposal begin working on collection logistics Greener Corners implements the program tracking system to track the volume of recyclables generated through Huntington Beach's recycling system At 90-120 days Initial bins are installed and maintenance begins Greener Corners schedules Green Team members to visit selected bin locations Greener Corners begins providing reports about the success of your recycling ro ram Greener Comers conducts a formal six-month review to assess the success of the implementation, to At six months identify any concerns and recalibrate for Phase II if necessary, and to review sponsorship revenue generated through program Within twelve months Phase II recycling bins are installed PROPRIETARY AND CONFIDENTIAL 12OF26 HB -323- Item 12. - 41 Reoocati®n and Removal Rights Both the City of Huntington Beach and Greener Corners will have the right to arrange for a recycling bin to be moved to a different, mutually agreeable location. For instance, if a recycling bin is subject to consistent vandalism, Greener Corners may wish to move that bin to a different location that is acceptable to the City. Likewise, if a recycling bin is constantly low in recyclable deposits due to lack of foot traffic, the City can ask that it be moved to another location that is acceptable to Greener Comers. Upon agreement of recycling bin relocation, the said bin will be repositioned within 30 days. The goal of this clause is to develop a working partnership between Huntington Beach and Greener Comers to ensure the public recycling program is functioning safely and at full capacity. During the entire installation process, Aaron Klein will oversee this program and accompany and monitor all maintenance staff. Among other things, this ensures the bins are properly located and secured according to the directions and guidelines we establish with Huntington Beach during pre -installation planning meetings. xr a '., s a"`� t .�..-^r .ct:--5u'ii.# .i"� rr- ♦ ' yn d {d' > <'� : , :. � �.. ¢.. i Greener Comers will clean and service the recycling bins monthly. Our Maintenance Team uses only certified environmentally friendly products, and we have no hazardous run-off. During each maintenance visit, scheduled or not schedule, our Maintenance Team fills out a log sheet detailing work performed. Our mandatory Green and Clean log sheet records the date and time the bin was serviced, the bin ID number, and any issues that were identified and rectified during the visit (such as graffiti removal, damage to the bin, etc.), and any potential hazards or future enhancements. We perform random and mandatory audits to ensure consistent work quality. Greener Corners will remove graffiti and other blemishes within 24 hours and have a 24-hour emergency response service to be on scene at a moment's notice to handle, urgent/emergent situations. Our emergency response line is 888-LOOK-4-GC and will be made public upon commencement of the program. PROPRIETARY AND CONFIDENTIAL 13OF26 Item 12. - 42 xs -324- Quality, Security, and 24-Hour Support The Greener Corners public recycling bins are constructed for strength and durability. With normal wear and tear, these bins have a lifespan of about ten (10) years and are manufactured to weather all storms. All recycling bins have a cam -style lock mechanism with key access in the front and back. All keys are universal and will be distributed to collection staff to ensure that no one aside from authorized individuals will be capable of removing anything from inside the bins. Should there be any emergency pertaining to the bin and its surroundings, Greener Corners has a 24-hour response service to address the concern (888-LOOK- 4-GC). Greener Corners holds a comprehensive insurance policy which covers general and pollution liability, as well as commercial and terrorist insurance, to be submitted prior to bin installation. EPA Tracking and Community Impact Reports Greener Comers provides Huntington Beach with up-to-date progress on the public space recycling program through our quarterly Community Impact Report. This report shows current inventory, advertising sold, and revenues to the City. It also converts increased recycling tonnage into EPA equivalent factors, showing your residents, businesses, and visitors tangible, meaningful results such as: ➢ Recyclables collected and rate of increase over time ➢ Trees saved ➢ Water conserved ➢ Air pollution and greenhouse gas aversion ➢ Energy saved ➢ Natural resources protected ➢ Landfill space preserved Results will be displayed under a special "Huntington Beach" Page on our website and in the form of these Equivalent Factors. Anyone worldwide will be able to access this tab and see what Huntington Beach has done to help our environment and overall sustainability. Random Audits While we have full confidence in our Maintenance Team to perform their duties according to the expectations we set, our Project Manager will perform periodic audits, at random, to ensure a consistently excellent caliber of work. This is especially important because the physical appearance of the recycle bins will reflect on and become iconic for Huntington Beach. PROPRIETARY AND CONFIDENTIAL 14 OF 26 HB -325- Item 12. - 43 _�_ •,�b'!•�w�5��'���ic a�t�r�n�cl+�t�.'t'�'s f t �_ � ;.� ,- �, r _ Ye'rfrY� %`. i .� � l�S(i. `F� i ~ `!�{ , '1 �•T , ' '��k� - Greener Comers will have a designated Team assigned full-time to this program in Huntington Beach, based out of a local office in the City. We believe that hiring locally for all aspects of our program components will solidify the best results and the most passionate team. We create as many local jobs as possible and all of our Green Teams, Maintenance Teams, Sales Teams, and Design Teams consist of local individuals. This local Team will be formed upon award of the contract and all resumes of hired personnel will be sent to the City for approval. Backing this local Team will be the Greener Comers Core Management Team: AARON KLEIN (CHIEF EXECUTIVE OFFICER) Through extensive sales and managerial experience working with Fortune 500 companies, Aaron offers a unique perspective into the successful implementation of public recycling programs. He is a "thought leader" in an industry that lacks creative execution, and is spearheading a new wave of pubic recycling. His passion for this mission is the driving force behind Greener Corners, with ambition to make Public Space%;' Recycling a national phenomenon. Aaron graduated Cum Laude from the University of ' Maryland with a Bachelor's degree in Ar Communication and a focus on International, Business. He is currently residing in Teaneck, NJ. STEVEN GOLDENBERG (CH)EF OPERATING OFFICER) Aaron Klein and Steven Goldenberg For the past 12 years, Steven has owned. and accepting the proclamation from the operated two successful businesses grossing Mayor of Colorado Springs, City Hall over $30M, while organizing community cleanups and charity events in his neighborhood. His insight into the recycling industry stems from his upbringing in Toronto where Public Space Recycling is commonplace and continues to flourish. PROPRIETARY AND CONFIDENTIAL 15 OF 26 Item 12. - 44 xB -326- MITCHELL SAHN (MUNICIPAL AFFAIRS MANAGER Mitchell has served 5 terms as Mayor of Hewlett, NY and has spent a majority of his professional life as a financial and trade advisor serving companies including Kellner & Dileo, Morgan Grenfell (now Deutsche Bank), Lehman Brothers, and Citibank Private Bank. MARK NAEF (CERTIFIED RECYCLING PROFESSIONAL) Mark plays an integral role in the creation and development of first -ever public space recycling programs. Education, awareness, tracking, conversion into EPA equivalent factors, and attaining all recycling tonnage goals all fall under Marks umbrella. As a recycling professional for over 20 years, Mark's experience and industry knowledge will inspire a consistent and widely -delivered message to your residents and visitors alike. JEFF MARTIN (CHIEF FINANCIAL OFFICER) Jeffs experience includes four years at Pequot Ventures, a New York venture capital fund with over $1 billion under management. Prior to that experience, Jeff was the Chief Financial Officer at Interactive Imaginations, an interactive marketing company based in New York, NY. The company ultimately went public on the Nasdaq in the late 1990's. Jeff has also worked at in finance at Morgan Stanley and management consulting at McKinsey. He is a graduate of Harvard Business School and Williams College. DIANE FERRARA (CHIEF INFORMATION OFFICER) Diane gained tremendous business acumen as a Financial Controller and Director of Administration and Information Technology for a medical manufacturing firm where she also was on their Enterprise Management Team which ran the company. She is now the Director of Operations and Information Technology for the Continuing Education Department of a global firm. She instills creativity and innovation in everything she does, and is extremely enthusiastic about our efforts to advance Public Space Recycling. DANIELLE ECCLESTON (CREATIVE DIRECTOR, MEDIA LIAISON) Danielle has worked with clean -tech, consumer, healthcare, biotech and technology companies to effectively and successfully communicate the companies' priorities and new developments by using both traditional and social media avenues. Currently, Danielle is based in San Francisco, a City with one of the. most effective and widespread recycling programs in the world. PROPRIETARY AND CONFIDENTIAL 16 OF 26 xB -327- Item 12. - 45 "We are excited about replacing our worn out trash receptacles for free and using the new bins to educate the public." —Mark N ., Syracuse, NY E. t1011 ions Greener Comers is a cost-free, full -service Public Space Recycling program provider serving municipalities, universities, and other public and private institutions to help advance their Public Space Recycling efforts. The organization was formed to make public recycling readily available and build awareness about the importance of recycling and its parallel implications on the environment. Beyond its consultative approach to creating a Greener community, Greener Comers provides free . Public Space Recycling bins, develops educational and public awareness campaigns, and creates a new revenue stream for the City. These program components are designed to complement and support current environmental activities and further the community's recycling initiatives. Through our market and industry research, we have documented the measures necessary to create an even more successful program that addresses some of the biggest concerns surrounding recycling in America. Our goal is to increase awareness about the critical nature of recycling and strengthen interest and compliance not only in public areas of Huntington Beach, but also on a residential level to boost overall annual recycling tonnage. We are currently affiliated with credible suppliers, haulers, and environmental advocacy groups who have been successful in their endeavors for decades (see Appendix A for a list of Affiliates). Utilizing these strategic alliances, Greener Corners enables municipalities to establish and maintain thriving environmental practices in the areas of Public Space Recycling and community education. Quairficationsof Greener Comers is the only full -service, program provider in the nation. Our public universities, shopping plazas, sports arenas PROPRIETARY AND CONFIDENTIAL comprehensive Public Space Recycling recycling programs serve municipalities, and other public and private institutions. 17OF26 Item 12. - 46 HB -328- Our firm is qualified and experienced in planning, designing, implementing, operating, and maintaining these types of programs successfully. Our founding mission and core competency centers on creating and developing cost-free, revenue -generating public recycling programs that are as turnkey as they are effective. The company was formed to make public recycling ubiquitous, educate community members, and build awareness about the importance of recycling and its parallel implications on the environment The entire company is 100% American owned and operated, a must in order to accurately address the environmental concerns of our nation. We have partnered with the EPA and dozens of other local, regional, and national environmental organizations to ensure essential recycling messages are widespread and compliance is maximized. Additionally, every aspect of our program is backed by extensive industry research and market analysis with Certified Recycling Professionals, Recycling Coordinators, Environmental Commissions, Department of Public Works Directors, Sustainability Coordinators, Environmental Scientists, Municipal Solid Waste personnel, the top Materials Recovery Facilities, the 5 largest recycling product manufacturers, and the 3 largest waste haulers in the North America. We also work with the best public space recycling program developers in North America including the Zero -Waste Coordinator in San Francisco, California and Newport News, Virginia. To that end, our programs carry with them the weight of decades worth of experience, development, and efficient operations. Greener Corners was introduced to the recycling market in 2008, collaborating with public space recycling experts in Toronto and other cities in Canada, where public recycling programs have been in place since the mid-1990s. This gave us unique and valuable insight into public recycling advancements as well as ways to alleviate and avoid program challenges. Greener Comers is excited to offer this refined model to the City of Huntington Beach as cost free, revenue generating, and highly educational. Greener Corners receiving an award from County Executive Dennis McNerney for recycling in Bergen County parks We have experienced an overwhelming amount of support from our community partners and have received myriad recognition for our programs and their education and awareness components. Currently, we are in contract stages or have full programs with 15 municipalities, across 7 states. PROPRIETARY AND CONFIDENTIAL 18OF26 HB -329- Item 12. - 47 Municipal Programs Greener Comers would like to offer the names and contact details of those government officials involved in the development of our last five programs. Please use them as references in order to get a better sense of the programs we develop: Garfield, NJ, Launched June 2010 4 Tom Duch, City Manager: 973-340-2000 4 Sam Garofalo, Public Works Superintendent 973-546-2200 Glen Rock, NJ, Launched September 2010 4 Robert Tirserio, Public Works Director: 201-670-3980 4 Lenora Benjamin, City Administrator: 201-670-3956 Secaucus, NJ, Launched October 2010 4 Mayor Michael Gonnelli, Township Mayor: 201-330-2000 4 David Drumeler, Township Administrator: 201-330-2008 Colorado Springs, CO, Launched April 2011 4 Julie Smith, Public Communications Specialist: 719-385-5256 4 Sue Skiffington-Blumberg, Public Communications Manager: 719-385-5254 Liberty Science Center, Jersey City NJ, Launched June 2011 4 Paola Amato, Associate Director of Facilities: 201-253-1267 4 Dennis Hercel, Director of Facilities: 201-253-1215 Licenses and Permits Greener Corners currently maintains the required state licenses and permits necessary to conduct this program in Huntington Beach, proof of which is available upon request. This includes but is not limited to business licenses, outdoor advertising permits, and comprehensive insurance coverage. In addition, we have trained personnel educated and licensed in the State of New Jersey to perform all relevant requirements pertaining to this program. Partners and Affiliates We proudly support our loyal partners and affiliates who work with us to help local communities develop Public Space Recycling programs. These partners and affiliates include recycling station manufacturers, credible haulers, environmental organizations, and other associations who have been successful in promoting best environmental practices for decades. See Appendix A for a list of our affiliates. PROPRIETARY AND CONFIDENTIAL 19 OF 26 Item 12. - 48 HB -330- na .,('.5' 5FAra "This will also save us money by keeping waste out of the waste stream. We pay $90/ton in tipping fees to dispose of our solid waste so the less waste we have, the less money we have to pay to discard it.99 -David D., Town Administrator, Secaucus, NJ Greener Corners offers a net revenue -share model whereby Huntington Beach would benefit from maximum program financial returns (where net refers to revenues after operational expenses). This is but one piece of a successful program, and projected revenue figures will only come to fruition if the right Team, education/awareness, tracking, and ongoing reporting are in place. This graduated model accounts for market demographics, bin locations, and City population with an integrated collection system, and serves as an estimated projection only. Using average figures from our programs with similar populations and demographics, this structure will offer Huntington Beach the following revenue.scale: Year 1 of Contract: 30% of Net Advertising Sales Year 2 of Contract: 35% of Net Advertising Sales Year 3 of Contract: 40% of Net Advertising Sales Year 4 of Contract: 45% of Net Advertising Sales Year 5 of Contract: 50% of Net Advertising Sales Renewal Years 1-5: 55% of Net Advertising Sales Greener Comers projects a total financial gain exceeding $870,000 through the initial proposed program term of 5 years and an additional $1,200,000 over a 5-year renewal period, based on a 250-bins program (-238 bins referenced in RFP). If we had viable locations and approvals for 500 units, revenues would reach $1,900,000 through the initial 5 years and exceed $2,600,000 over a 5-year renewal period, for a total of $4.5 Million: PROPRIETARY AND CONFIDENTIAL 20 OF 26 xB -331- Item 12. - 49 500000 400000 300000 2.00000 100000 N Revenue Projection Y1 Y2 Y3 Y4 Y5 A Revenue Greener Comers will offer the City of Huntington Beach Minimum Annual Guarantees based on the following number of units installed: 200 Units = $30,000 300 Units = $60,000 400 Units = $100,000 500 Units = $150,000 Huntington Beach Assumes Zero Risk The program we are proposing is revenue generating for Huntington Beach, and will enhance your streetscape with public recycling for your residents, businesses, and visitors. With all of these substantial benefits, there is also no risk to the City. Greener Comers assumes all costs associated with the program and Huntington Beach gets all the benefit without any risk. Due to a high capital expenditure, Greener Corners is requesting an initial contract term of five (5) years with an optional five (5) year renewal period. We would ask that a lower performance bond be required per bin, since we are handling all costs associated with the program and will be contractually obligated to return all recycling bin locations back to their original form. We would also request that if this contract is terminated for a reason other than "cause" as defined in said contract, or for no reason, that Greener Corners be allowed to continue our program to the extent that we are able to recover our initial capital expenditure. Specific language will be supplied following award of contract and at the mutual consent of both Greener Comers and the City of Huntington Beach. PROPRIETARY AND CONFIDENTIAL 21 OF 26 Item 12. - 50 HB -332- Concluswn„�. �,;�,, �:?`_d'r �,�, � �s��.. ��i.�'_�t�� ; a; ''�f �.ri'.fi:��„!`s:��yr�,�?:'"' � .• Greener Corners is delighted to be working with the City of Huntington Beach to implement an effective Public Space Recycling program. With this program in place, Huntington Beach will continue to stand out as a national leader in environmental efforts to mirror its progressive nature. This type of program is not only essential for increasing recycling habits in our local communities, but also a giant step in helping to preserve our only planet. We have strived to cover all bases in offering you a model that will put state-of-the-art recycling bins in and around Huntington Beach at no cost to the City. If there is a point we missed or a concern we have not addressed, please do not hesitate to contact us. The achievement of a successful program depends on a solid relationship. We look forward to commencing this program imminently and are committed to exceeding your expectations. PROPRIETARY AND CONFIDENTIAL 22 OF 26 HB -333- Item 12. - 51 The following are some of the local, regional, and national recycling companies, environmental organizations and advocacy groups we have formed synergies with- ���c�v srgT ReCyC1q {;susTa�Nas '. 0--ac? 60 z 0-04 o� Member �yT4t PROA';-' .s4P1 Association of New Jersey Recycler: MINOR LEacuErA i~ �. NKUC THE Fwn*sBEST DEFENSE TREEPEOPLE e a h ram`CERTIFIEDe, c?t •i -will . TERRACYCLE on 4 .m CouncileSport* For ResponsibleSport SYSTEMSH nU A. ma vc �l�=C15 Recear —ICtiVeNFTUVORK 0 National Recycling Coalition PROPRIETARY AND CONFIDENTIAL envyrg zn \ 1 w ... ClevuaC,ean.UruGue. reserve --mob,, amenca 23OF26 Item 12. - 52 HB -334- t �fi•'- TYPE OF APPLICANT: 0 NEW ❑ CURRENT VENDOR Legal Contractual Name of Corporation: Greener Corners, LLC Contact Person for Agreement: Aaron Klein Corporate Mailing Address: 301 Route 17 North, Suite 800 City, State and Zip Code: Rutherford, NJ 07070 E-Mail Address: Aaron@a,GreenerCorners.com Phone: 201-638-2218 Fax: 866-991-3648 Contact Person for Proposals: Aaron Klein Title: Principal E-Mail Address: Aaron@GreenerCorners.com Business Telephone: 888-566-5442 Business Fax: 866-991-3648 Is your business: (check one) ❑ NON PROFIT CORPORATION CIFOR PROFIT CORPORATION Is your business: (check one) ❑ CORPORATION. ❑ LIMITED LIABILITY PARTNERSHIP INDIVIDUAL ❑ SOLE PROPRIETORSHIP R1 PARTNERSHIP ❑ UNINCORPORATED ASSOCIATION Names & Titles of Corporate Board Members (Also list Names & Titles of persons with written authorization/resolution to sign contracts) Names Title Phone Aaron Klein Principal 201-638-2218 Steven Goldenberg Principal `201-965-8500 Jeff Martin CFO 888-566-5442 Federal Tax Identification Number: 26-4528091 City of Huntington Beach Business License Number: TBD (If none, you must obtain a Huntington Beach Business License upon award of contract.) City of Huntington Beach Business License Expiration Date: N/A PROPRIETARY AND CONFIDENTIAL 24 OF 26 1413 -335- Item 12. - 53 , Greener Comers has a wide array of public recycling bins. Among the most popular bins from our line of products is this galvanized steel unit that comes in a variety of colors with a powder coated zinc finished, and inside liners made from recycled plastic spa ` (polyethylene). This bin comes standard with two or three separate apertures distinguishing 4 i r3 k intended materials. This recycling bin meets R Huntington Beach's needs and program requirements based on our initial discussions, -n as well as is ADA compliant. The station's 3-stream construction and design is as follows: Dimensions: 23.6" (width) x 70.8" (length) x 47" (height); approx. 300 lbs. Liner Dimensions: 19" x 19" x 28"; capacity 39 gallons each Openings: 2.9" x 14" — MIXED PAPER 5.4" — CANS & BOTTLES 3.9" x 14.9" — LITTER ONLY This Station is only one of many options to choose from. We have the capabilities to customize any design to fit Huntington Beach's needs in accordance with the City's current tone and mandatory regulations. Examples of customized bins are shown below: PROPRIETARY AND CONFIDENTIAL 25 OF 26 Item 12• - 54 HB -336- - - w—»w -4$����:����1�� » y _ .off « »= x� � � >2 : / � . \\�� d� q � v\������� d\\��\/�% 3 � � ©�� ��/� � z ,rg»yy�:�>= .- a. :\x.� ,� a a. . � %�� y� z= � f� � » )� � « � ���� 2 &1«<w <° \��Z� ��� /\)2 q�»�`~ m �«® # � f��� � GREENER Public Space Recycling Partnerships For Greener Living September 21, 2011 1. Yes - Greener Corners agrees to the Scope of Work as stated in the RFP. 2. Greener Corners anticipates launching a program with a minimum of 50 units and a maximum of 500 units. The maximum number of units deployed may increase based on the advertising opportunity and the number of viable locations.for the units. 3. Please review the following projected rollout schedule: Timetra -me a Immediately Greener Comers works with Huntington Beach to Upon contract signing finalize recycling bin design, and initial number of units/locations Greener Comers begins manufacturing units Within the 120 days Bins are delivered to central drop-off location in City GC Installation Team begins installing all units during Within 130 days non -peak hours; Greener Corners will install between 30-50 units per day until all bins are deployed At six months Program review including any recalibration of initial units and discussions for Phase II Within eight months Greener Comers begins manufacturing redetermined number of units for Phase II Within twelve months Phase II bins are delivered to central drop-off location Ongoing Program review and implementation of future Phases 4. Greener Corners will not be adjusting any of our maintenance schedules. 5/6. Please review the following final fee/revenue proposal, inclusive of Minimum Annual Guarantees and upfront guarantees: Year 1 of Contract: 30% of Net Advertising Sales Year 2 of Contract: 35% of Net Advertising Sales Year 3 of Contract: 40% of Net Advertising Sales Year 4 of Contract: 45% of Net Advertising Sales Year 5 of Contract: 50% of Net Advertising Sales Item 12. - 56 Hs -338- Greener Corners projects a total financial gain exceeding $870,000 through the initial proposed program term of 5 years and an additional $1,200,000 over a 5- year renewal period, based on a 250-bins program (-238 bins referenced in RFP). If we had viable locations and approvals for 500 units, revenues would reach $1,900,000 through the initial 5 years and exceed $2,600,000 over a 5-year renewal period, for a total of $4.5 Million: Minimum Annual Guarantees: 150 Units = $25,000 200 Units = $30,000 250 Units = $45,000 300 Units = $60,000 400 Units = $100,000 Greener Corners will pay the Minimum Annual Guarantee for Years 1 and 2 upfront at time of initial bin installations. 1413 -339- Item 12. - 57 AC"R" ® /� /� p ® °�V p�� �+ p�� DATE (MMIDDrrrM CERTIFICATE OF LIABILITY 1 INSURANCE 10/3/2011 ' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS ' CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER I ONTA T Michael Morra Risk Strategies Company One Hollow Lane Suite 206 Lake Success NY 11042 INSURED rtr (516) 858-5770 mmorraTe>'lrisk-strategies.com ?.--00018149 t Greener Corners, LLC INSURERC: 1178 W. Laurelton Parkway INSURERD: INSURER E : Teaneck NET 07666 INSURERF: COVFRAI41=S CFRTIFIrATF hiIIMRr-D-M9110341091 RFVISIr]N 61IIMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE I BR POLICY NUMBER ODPOLICEFF >pY EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 11000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS-MADEOCCUR X FP001778-111 /15/2011 /15/2012 PREMISES Ea occumencel $ 50,000 MEDEXP(Any one n) $ 51000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENL AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGG $ 1, 000, 0 0 r $ X POLICY PRO- ECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 A ANY AUTO ALL OWNED AUTOS X FP001778-111 /15/2011 /15/2012 BODILY INJURY(Per) $ BODILY INJURY (Peraccideaccideni) $ SCHEDULED AUTOS X HIRED AUTOS PROPERTY DAMAGE (Peraccidenl) $ $ X NONOWNED AUTOS UMBRELLA LIAB EACH OCCURRENCE $ HOCCUR AGGREGATE $ EXCESS LIAB CLAIMS -MADE DEDUCTIBLE $ $ RETENTION $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECLMVE YIN N OFHCERIMEMBER EXCLUDED? El NIA E.L. EACH ACCIDENT _ $ (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $ If describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMIT $ DESCRIPTION OF OPERATIDNS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) As respects work performed by named insured, and if required by written contract: City of Huntington Beach, its officers, elected and appointed officials, employees, agents and volunteers are named additional insureds City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Christian/KAE�-�v-� ACORD 25 (2009109) ©1988-2009 ACORD CORPORATION. All rights reserved. - - The ACORD name and Iona are reaistered marks of ACORD Item 12. - 58 HB -340-. Item 5. - 48 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy Change Number 02 POLICY NUMBER POLICY CHANGES COMPANY EFFECTIVE EF4P001788 - 111 10-03-2011 Everest Indemnity Insurance Company NAMED INSURED AUTHORIZED REPRESENTATIVE Greener Corners, LLC COVERAGE PARTS AFFECTED Commercial General Liability Coverage Part - Occurrence Form Contractors Pollution Liability Coverage Part- Occurrence Form (Excluding Mold) CHANGES In consideration of the premium paid, it is hereby agreed and understood that the policy is amended as follows; Amended to add the following form to the Commercial General Liability Coverage Part: CG 20 10 07 04 Additional Insured - Owners, Lessees, Contractors - Scheduled Person or Organization All other terms and conditions remain the same. Authorized Representative Signature IL 12 01 11 85 Copyright, Insurance Services Office, Inc., 1983 Page 1 of 1 r Copyright, ISO Commercial Risk Services, Inc„ 1983 Agent Copy Item 5. - 49 HB -341-. Item 12. - 59 POLICY NUMBER: EF4P001788 - 111 COMMERCIAL GENERAL LIABILITY CG 2010 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Jaw �1 501"ZIF SO 6-MOAT fly t PAA. . . This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s : Locations Of Covered Operations The City of Huntington Beach, its officers, elected or 2000 Maine Street, Huntington Beach CA 92648 appointed officials, employers, agents and volunteers Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown In the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. Ail work,. including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to Its in- tended use by any person or organization other than another contractor or subcontractor en- gaged In performing operations for a principal as a part of the same project. CG 2010 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ❑ Item 12. - 60 HB -342- Item 5. - 50 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGES Policy Change Number 02 POLICY NUMBER POLICY CHANGES COMPANY EFFECTIVE EF4P001788 - 111 10-03-2011 Everest Indemnity Insurance Company NAMED INSURED AUTHORIZED REPRESENTATIVE Greener Corners, LLC COVERAGE PARTS AFFECTED Commercial General Liability Coverage Part - Occurrence Form Contractors Pollution Liability Coverage Part - Occurrence Form (Excluding Mold) CHANGES In consideration of the premium paid, it is hereby agreed and understood that the policy is amended as follows: Amended to add the following form to the Commercial General Liability Coverage Part: CG 20 10 07 04 Additional Insured - Owners, Lessees, Contractors- Scheduled Person or Organization All other terms and conditions remain the same. Authorized Representative Signature IL 12 01 1185 Copyright, Insurance Services Office, Inc., 1983 Page 1 of 1 Copyright, ISO Commercial Risk Services, Inc., 1983 Insured Copy Item 5. - 51 HB -343- Item 12. - 61 POLICY NUMBER: EF4P001788 - 111 COMMERCIAL GENERAL LIABILITY CG 2010 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ® OWNERS, LESSEES OR CONTRACTORS m SCHEDULED PERSON OR ORGANIZATION This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s : Locations Of Covered Operations The City of Huntington Beach, its officers, elected or 2000 Maine Street, Huntington Beach CA 92648 appointed officials, employers, agents and volunteers l Information required to complete this Schedule If not shown above, will be shown In the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organizatlon(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, In whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; In the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional Insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished In connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional Insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged In performing operations for a principal as a part of the same project. CG 2010 07 04 Item 12. - 62 © ISO Properties, Inc., 2004 HB -344-. Page 1 of 1 0 Item 5. - 52 (MMI AR ® CERTIFICATE OF LIABILI ! Y I NSUR NCE DA 10/17/2011 )D/YY 17/2 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S). AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION is WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER PAYCHEX INSURANCE AGENCY INC 150 SAWGRASS DR ROCHESTER, NY 14620 CONTACT NAM : AICMNo Ext : 877 362-6785 MC No): (8M 677-0447 E-MAIL ADDRESS: ache travelers.com PRODUCER 9418B016D (877) 362-67855 INSURER(S) AFFORDING COVERAGE NAIC # SV996 70A INSURED INSURER ATRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA 25674 GREENER CORNERS LLC 301 ROUTE 17 NORTH, STE 800 RUTHERFORD, NJ 07070 INSURER B: INSURER C: INSURER O: INSURER E: INSURER R COVERAGES r 1=RTI9:Ir`ATI: hII1MRFR• A,"Qa7rn19r1 nog RFVISION NUMRER- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR TR TYPE OF INSURANCE 111. INSR SUER vivn POLICY NUMBER POLICY EFF MMIDDIYYYY) POLICY EXP (MMIDDIYYYYJ LIMITS GENERAL LIABIITY COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR EACH OCCURRENCE $ DAMA E TO RENTED REMISES oc �urrence $ MED EXP (Any onePerson) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GENT AGGREGATE LIMIT APPLIES PER: PRO - POLICY JEC7 LOC PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMB (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ ((PReu3dR � AMAGE $ $ $ UMBRELLALIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DEDUCTIBLE RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PAR7NERIEXECUTIVE D OFFICERIMEMBER EXCLUDED? (Mandatory In NH) It yes, describe under SPECIAL PROVISIONS below NIA UB-7A488933-11 10/01/2011 10/01/2012 gg77 x TORYTIM A ITS OER EL EACH ACCIDENT $1, 000 000 EL DISEASE - EA EMPLOYEE $1, 000, 000 EJ-. DISEASE- POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORO 101. Additional Remarks Schedule, If more space Is required) CERTIFICATE GREENER CORNERS LLC 301 ROUTE 17 NORTH, STE 800 RUTHERFORD, NJ 07070 ACORD 25 (2009/09) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 01988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Item 5. - 53 HB -345-. Item 12. - 63 City Of Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 (714) 536-5227 + www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk November 14, 2011 Rainbow Disposal Bruce Shuman, President/CEO PO Box 1026 Huntington Beach, CA 92647-1027 Dear Mr. Shuman: Enclosed for your records is a copy the "Non -Exclusive Agreement and License to Install Waste Receptacles." Sincerely, Joan L. Flynn, CIVIC City Clerk . JF:pe Enclosure: Agreement G:followup:agrmtltr Sister Cities: Anjo, Japan 0 Waitakere, New Zealand Item 12. - 64 HB -346- City ®f Huntington Beach 2000 Main Street ♦ Huntington.Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk November 14, 2011 Aaron Klein, CEO Greener Corners, LLC 301 Route 17 North, Suite 800 Rutherford, NJ 07070 Dear Mr. Klein: Enclosed for your records is a copy the "Non -Exclusive Agreement and License to Install Waste Receptacles." Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure: Agreement G:fo11owup:agrmt1tr Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand HB -347- Item 12. - 65 �V Council/Agency Meeting Held: l/— Z --,L/ Deferred/Continued to: Approved El Conditionally Approved ❑Denied,P City ler Signyure Council Meeting Date: November 7, 2011 Departmeu D Number: ED11-046 • . • 1, 1 •; SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Bob Hall, Deputy City Manager/Economic Development Director SUBJECT: Approve and authorize execution of an Agreement with Greener Corners, LLC and Rainbow Disposal Company, Inc. dba Rainbow Environmental Services for Public Recycling Program Statement of Issue: Authorize execution of an Agreement with Greener Corners, LLC and Rainbow Disposal Company, Inc. dba Rainbow Environmental Services for Public Recycling Program in Huntington Beach which will provide more opportunities to recycle and generate increased revenue to the General Fund. Financial Impact: This program will result in $25,000 of annually guaranteed revenue to the City's General Fund throughout the five-year Agreement. The City will also receive additional revenue each year when the net advertising revenue exceeds the minimum annual guarantees, beginning with 30% in the first year, and rising incrementally each year by 5% to a total 50% by the fifth year. Recommended Action: Motion to: A) Authorize the Mayor and City Clerk to execute the "Non -Exclusive Agreement and License to Install Waste Receptacles" between the City and Greener Corners, LLC and Rainbow Disposal Company, Inc., dba Rainbow Environmental Services that has been approved to form by the City Attorney; and, B) Authorize the City Manager to execute all documents in furtherance of this Agreement. Alternative Action(s): Do not approve the Agreement and/or direct staff accordingly. Item 5. - 1 HB -78- REQUEST FOR COUNCIL. ACTION MEETING DATE: 11/07/2011 DEPARTMENT ID NUMBER: ED11-46 Analysis: In March 2011, the City Council approved an Agreement with Active Network ("Active") to assist Huntington Beach in locating sponsorship opportunities for various City facilities and programs to generate additional general fund revenue. One program with ongoing revenue potential is the utilization of recycling containers with available space for paid advertising; the City would receive a portion of the advertising revenues. A similar program, Adopt -a -Highway, has been in place in the City since 1998. Adopt -a -Highway is permitted the exclusive right to place trash containers on City beaches in exchange for $16,400 in guaranteed annual revenue to the City, as well as percentage of any revenues generated through advertising on the containers. Working with Active and Rainbow Disposal Company, Inc, dba Rainbow Environmental Services ("Rainbow"), the City's exclusive solid waste service provider, a Request for Proposals was released on August 1, 2011, seeking companies interested in providing and installing recycling containers at various locations in the City in exchange for revenue. The RFP was mailed to 19 firms - two proposals were received. After review of both proposals, it is recommended that the City Council approve Greener Corners, LLC as the service provider for this program. Greener Corners will work with the City and Rainbow to install and maintain 150 recycling containers at approved locations throughout the community, including the downtown, beach parking lots, parks, bus stops, community centers and other locations in the public right-of-way. Greener Corners will solicit advertising to be placed on the side of the containers. In exchange for this opportunity, Greener Corners agrees to pay the City a percentage of net advertising revenues with a guaranteed minimum annual revenue of $25,000 for each year of the Agreement. The term of the agreement is for five (5) years, with an option to extend the agreement for an additional five (5) year period. Upon installation of the containers, Greener Corners will provide $50,000 to the City as an advance payment of the minimum annual guarantee for years 1 and 2. The percentage of net advertising revenue to the City will increase each year starting with 30% of net advertising revenues in year one, increasing in 5% increments annually to 50% of net advertising revenues by the year five. In addition, should the City increase the number of containers, the minimum annual guarantee would range from $30,000 for 200 units to $100,000 for 400 units. Per the City's agreement with Active, they will receive a 15% commission on the revenue generated by this program annually, which will be paid from the City's share of any guaranteed minimum revenue and net advertising revenue. Rainbow has the exclusive right in Huntington Beach to collect and manage refuse and recyclables. Rainbow provides containers throughout the City for residential and commercial purposes and conducts public education about recycling and promotion of recycling programs. Their work does not include solicitation or placement of paid advertising on containers. Rainbow offered to provide the first twenty (20) recycling containers and to collect all recyclables as part of its current franchise agreement, in exchange for having their company name featured on all containers used in the program. Upon approval of the Agreement, Greener Corners will work with the City and Rainbow to finalize the bin design, purchase bins, determine phasing of installation, and complete the HB -79- Item 5. - 2 REQUEST FOR COUNCIL ACTION MEETING DATE: 11/07/2011 DEPARTMENT ID NUMBER: ED11-46 installation within 120 days. Greener Corners will concurrently solicit and secure advertising for the bins. Advertising will be in compliance with the Huntington Beach Municipal Code Chapter 12.36, the City's Coastal Element, and the Downtown Specific Plan. A proposed administrative regulation pertaining to corporate marketing, sponsorships and partnerships is currently under review. This program will be consistent with the guidelines of the pending administrative regulation. The City will work with Greener Corners and Rainbow to ensure ongoing monitoring and success of the program. Environmental Status: None. Strategic Plan Goal: Maintain financial viability and our reserves. Attachment(s): 1. 1Non -Exclusive Agreement and License Between the City of Huntington Beach, Greener Corners LLC and Rainbow Disposal, Inc. dba Rainbow Environmental Services to Install Waste Receptacles Item 5. - 3 HB -80- ATTACH-MENT--#-1 xB -81- Item 5. - 4 NON-EXCLUSIVE AGREEMENT AND LICENSE TO INSTALL WASTE RECEPTACLES This Non -Exclusive Agreeme t and License (License or Agreement), made and entered into this — day of D�C� , 20J� by and between Greener Corners, LLC, a limited liability company (hereinafter "Licensee"), and the City of Huntington Beach, a charter city and municipal corporation of the State of California (hereinafter "City") and Rainbow Disposal Company, Inc., a California corporation, dba Rainbow Environmental Services (hereinafter "Rainbow"). RECITALS A. City desires to conduct a public service advertising campaign utilizing trash receptacles as the medium whereby the advertisements will be placed. B. Rainbow has an exclusive agreement to collect and dispose of refuse in City. C. Rainbow and City have partnered to provide for waste receptacles to be placed on City property for the purpose of collecting waste as well as providing public service advertising. D. City and Rainbow desire to hire a third parry to advertise on, as well as, install and maintain trash receptacles in various locations in City as provided herein. E. Licensee represents that Licensee is able and willing to provide such services and to comply with the applicable regulations pertaining to transit advertising services, including but not limited to Huntington Beach Municipal Code Chapter 12.36 entitled "Benches, Telephone Booths, and Other Public Service Items" (hereinafter "Chapter 12.36"). F. In undertaking the performance of this License, Licensee represents that it is capable and that any services performed by Licensee under this License will be performed in compliance with such standards as may reasonably be expected from a professional in the field. In addition, Licensee has the financial, legal and technical ability to provide the services, facilities and equipment as set forth in this Agreement granting this License. G. The terms and conditions of this License are reasonable to meet the future public service advertising related needs and interests of the community taking into account the cost of meeting such needs and interests. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. TERM This License shall commence on the date first written above and terminate on November 7, 2016, unless terminated earlier in accordance with Section 14 below. The term may be extended for one additional five (5) year term upon mutual, written agreement of the parties. 11-Z 806.001/GreenerCorners 2. GRANT OF AUTHORITY, LIMITS AND RESERVATIONS (a) Grant of Authority. City hereby grants to Licensee, subject to the terms and conditions of this License and all applicable laws and regulations pertinent thereto, (specifically including the City's rules and regulations regarding advertising and the Agreement between the City and Rainbow Disposal) the non-exclusive right, privilege, and authority to operate and maintain trash receptacles and advertising thereto within the City as further defined herein. The license areas contemplated by this Agreement consists of all property within the boundaries of the City of Huntington Beach as it exists on the effective date of the Agreement, and as the boundaries may exist during the license period, through any annexation. A list of the specific area and locations of waste receptacles subject to this License ("License Area") is attached hereto as Exhibit A and incorporated by this reference. Any modification to the License Area described in this paragraph must be approved in writing by the City Manager or his/her designee. (b) Scope of License. The License is intended to convey limited rights and interests only as to those Rights -of -Way or public property in which City has an actual interest. It is not a warranty of title or interest in any Right -of -Way or public property; it does not provide Licensee any interest in any particular location within the Right -of -Way or public property; and it does not confer rights other than as expressly provided in the grant. The License does not deprive City or Rainbow (by virtue of its exclusive franchise with the City) of any powers, rights, or privileges it now has or may later acquire in the future to use, perform work on, or to regulate the use of, and to control the Right -of -Way or property, including without limitation the right to perform work on its roadways, Right -of -Way or appurtenant drainage facilities, including but not limited to, constructing, altering, removing, paving, widening, grading, or excavating. (c) Exercise of Authority under License. This License only authorizes Licensee to provide waste receptacles with advertising and/or advertising on Rainbow provided waste receptacles. Neither this License nor the grant of the license shall be interpreted to prevent the City from imposing additional conditions consistent with applicable law; including additional compensation conditions for use of the Rights -of --Way or property should Licensee provide services other than those contemplated herein. (d) License Not Exclusive. The right to use and occupy the Rights -of -Way is not exclusive and does not explicitly or implicitly preclude the issuance of other licenses to provide trash receptacles, advertising or similar services within City; or affect City's right to use or authorize the use of any of its Rights -of -Way or other property by other persons as City determines appropriate; or affect the City's right to authorize itself or to permit any other business to provide other similar services. (e) Licensee Bears Its Own Costs. Unless otherwise expressly provided by applicable law or in this License, all acts that Licensee is required to perform must be performed at Licensee's own expense. (f) Advertising Receptacle services. City and Licensee will meet and create a schedule whereby Licensee will operate the specific services described in Exhibits A and B I I-2806.001/GreenerCorners 2 attached hereto and incorporated herein by reference. In addition to the services and guidelines established in Exhibit A and B, the following applies: l . City must pre -approve all advertising at its sole and absolute discretion. All advertising shall conform to the requirements of Huntington Beach Municipal Code 12.36. Any proposed advertising shall not: a. Display the words "STOP," "DRIVE-IN," "DANGER," or any other word, phrase, symbol or character which may interfere with, mislead, confuse, or direct vehicular traffic; b. Comprise of rotating, revolving, or flashing lighting devices; C. Promote material which the City in its sole discretion determines is offensive to community standards of good taste; d. Promote companies whose business is substantially derived from the sale or manufacture of tobacco products or alcoholic beverages; sexually -oriented businesses; is in violation of any State and/or Federal law; any other industry, business or product which the city determines, in its sole discretion, is not in the best interest of the city and/or not consistent with the goals of the Program. Any exceptions to the foregoing must be approved by a majority of the City Council; e. Promote trash services; f. Contain "on -site business identification signs," "off -site business identification signs," or "political advertisements." For the purpose of this Agreement, "on -site business identification signs" are defined as waste receptacle ad panels immediately adjacent to the business which is the subject of the receptacle advertisement. "Off -site identification signs" are defined as ad panels that give specific direction to an advertiser's place of business other than the site's address. Restrictions include, but are not limited to indications such as: directional arrows; "one block," "next right;" etc. The City Manager or his/her designee will make the final determination on unacceptable advertising. In the event that an advertisement is determined to be unacceptable, Licensee agrees to remove said advertising within twenty-four (24) hours of official notification. 3. COMPENSATION TO CITY For each year during the term of this Agreement, Licensee agrees to pay to City Twenty-five Thousand Dollars ($25,000) Guaranteed Minimum Income for each year of this Agreement, or a percentage of net advertising revenues as set forth in Exhibit "B," attached hereto and incorporated by reference, whichever is greater. If at any time during the Term, Licensee and City agree to increase the number of waste receptacles with advertising to the number of waste receptacles initially authorized, the Guaranteed Minimum Payment shall be 11 -2806.00 1 /GreenerCorners 3 increased per waste receptacle on a monthly basis, based on the guaranteed minimums as set forth in Exhibit E. If there is any increase in waste receptacles the performance bond contemplated herein shall be increased by the agreed upon amount. Any decrease in waste receptacles shall not decrease the performance bond amount. Licensee shall pay in advance, the minimum annual payment for the first two (2) full years of service. Thereafter, Licensee shall pay quarterly, in advance, on the first day of the quarter, the contract Guaranteed Minimum Payment or the percentage of net advertising revenues, whichever is greater. Payments shall be made to the City Treasurer, P.O. Box 711, Huntington Beach, CA 92648. If the payment required by this section is not received by the Finance Department within ten (10) calendar days after the end of the month for which the payment is paid, or the next business day if the tenth day falls on a weekend or holiday, Licensee shall pay the following late charge and penalty: 1) a late charge of ten percent (10%) shall be applied to any outstanding balance after any payment hereunder is due but unpaid; and 2) one and one- half percent (1-1/2%) penalty per month shall be added for each month such payment hereunder is due but unpaid. Within sixty (60) days of the end of each contract year Licensee shall deliver to City a Statement of Accounts for the preceding contract year, showing all waste receptacle locations, the advertiser or advertisers at each advertising receptacle during the preceding contract year, the gross advertising revenues received for each advertising panel at each advertising receptacle and the applicable net advertising revenue for that year. The Statement of Accounts shall be prepared or approved by a certified public accountant according to customary accounting practices and shall be accompanied by a certificate of an authorized officer of licensee attesting to the truth and accuracy of the information relied upon by the accountant, according to the certifying officer's best knowledge. In the event that Percentage Revenue for a particular contract year exceeds the Guaranteed Minimum Payment received by City for that contract year, Licensee shall pay the difference to the City at the time of filing the Statement of Accounts. The City and its authorized agents shall be granted reasonable access during Licensee's normal business hours to all of Licensee's books, documents, papers, and records that relate to this Agreement. 4. WASTE RECEPTACLE DESIGN STANDARDS (a). Waste Receptacles shall meet the minimum design requirements as defined by City. (b). All work performed in relation to this agreement within the City boundary shall conform to City standards including the latest edition of Standard Specifications for Public Works Construction (Green Book). 11-2806.001/GreenerCorners 4 (c). Each Waste Receptacle site design shall be compatible with the landscaping in its vicinity, in a manner satisfactory to City. (d). Licensee shall permanently affix in a conspicuous area on each Waste Receptacle it owns or provides an owner identification tag which includes Licensee's business name and 24 hour service telephone number. (e). Licensee shall permanently affix on a conspicuous area on each waste receptacle it owns or provides, a sticker or decal showing the name of "Rainbow Disposal." Stickers or decals shall be provided by Rainbow Disposal. 5. WASTE RECEPTACLES MAINTENANCE AND REPAIR Licensee shall, at its sole expense maintain all waste receptacles; in a neat, attractive, safe, and sanitary manner in accordance with City guidelines and to the satisfaction of the City Manager or his/ her designee. This includes, but is not limited to removal of litter, graffiti, and debris; cleaning of all visible surfaces, and possibly emptying trash receptacles. In the event emptying is required, City, Licensee and Rainbow shall execute an addendum to this agreement detailing said trash removal operation. Licensee shall report all maintenance activities in the City each quarter. In the event Licensee fails to correct, repair, replace, or remove a waste receptacle as required by this Agreement, City may, at its sole discretion, cause the correction, repair, replace, or removal of the waste receptacles. Any costs incurred by City shall be paid directly to City by Licensee within ten (10) days following receipt by Licensee of City's invoice. Costs not paid within this time period will be deducted from the security deposit as set forth in Section 6. The security deposit shall be repaid within 30 days. If payment is not received by the due date a late charge of 1.5% per month, compounded monthly, will be added. If payment is not received within 30 days of the due date the Licensee will be in default and the Agreement may be terminated immediately. 6. SECURITY FOR PERFORMANCE The purpose of the Performance Security is to insure faithful performance of Licensee's covenants for maintenance, repair or replacement of the waste receptacles, timely payment of all revenues due the City (including without limitation, permit fees, business license fees, and advertising revenues), and restoration of receptacle sites to the condition existing prior to installation of the receptacles whenever a receptacle is removed or relocated. The Licensee shall establish a letter of credit in the sum of One Hundred Dollars ($100.00) per receptacle. As an alternative to establishing a Letter of Credit, the Licensee may obtain a surety bond acceptable to the City, to guarantee the sum of Fifteen Thousand Dollars ($15,000.00). The surety bond shall be in a form acceptable to the City Attorney and shall be submitted concurrently with the effective date of this License. I 1-2806.001 /GreenerCorners 7. SITE RELOCATION The City will have the right to require the Licensee to relocate waste receptacles at its sole expense, for the City's convenience. The Licensee shall not relocate or remove waste receptacles without the City's permission. The City may require, or permit waste receptacles to be removed or relocated if it has been demonstrated to be incapable of proper maintenance due to excessive vandalism or any other reasonable cause. "Excessive vandalism" is defined as damage inflicted to an individual receptacle during any consecutive six (6) month period, which requires cumulative expenditures for replacement and repair that exceed the original cost of construction and installation of the receptacle. 8. INDEPENDENT CONTRACTOR Licensee shall, during the entire term of this License, be construed to be an independent contractor and not an employee of the City. This License is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Licensee performs the services which are the subject matter of this License; however, the services to be provided by Licensee shall be provided in a manner consistent with any applicable standards and regulations governing such services. Licensee shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 9. CONFLICT OF INTEREST CLAUSE Licensee covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in an.y manner with performance of services specified under this License. 10. WAIVER The failure of City or Licensee on one or more occasions to exercise a right or to require compliance or performance under this License, or any other applicable law shall not be deemed to constitute a waiver of such right or a waiver of compliance or performance, unless such right has been specifically waived in writing. Any waiver of a breach is not a waiver of any other breach, whether similar to or different from that waived. 11. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this License shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: 11-2806.001/GreenerComers 6 To City: To Licensee: Bob Hall Aaron Klein, CEO Deputy City Manager / Director Greener Corners, LLC Of Economic Development 301 Route 17 North, Suite 800 City of Huntington Beach Rutherford, NJ 07070 2000 Main Street Huntington Beach, CA 92647 To Rainbow Disposal: Bruce Shuman, President/CEO P.O. Box 1026 Huntington Beach, CA 92647-1027 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 12. EXCLUSIVITY AND AMENDMENT This License represents the complete and exclusive statement between the City and Licensee, and supersedes any and all other licenses, oral or written, between the parties for the same purpose. In the event of a conflict between the terms of this License and any, attachments hereto, the terms of this License shall prevail. This License may not be modified except by written instrument signed by the City and by an authorized representative of Licensee. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, that terms and conditions hereof, shall not bind or obligate Licensee nor the City. Each party to this License acknowledges that no representations, inducements, promises or Licenses, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 13. ASSIGNMENT Inasmuch as this License is intended to secure the specialized services of Licensee, Licensee may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City at the City's sole and absolute discretion, and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this License shall be construed to limit the City's ability to have any of the services which are the subject to this License performed by City personnel or by other Licensees retained by City. 11 -2806.00 1/GreenerCorners 7 14. TERMINATION; OWNERSHIP OF RECEPTACLES A. For Convenience. City may terminate this agreement for convenience, in City's sole discretion, upon 60 days prior written notice to Licensee. Following such notice of termination for convenience, City shall have the right, but not the obligation, to purchase from Licensee any or all of the waste receptacles covered by this Agreement. The price to be paid shall depend upon when notice of termination is sent by City, and shall be as set forth below. If notice is sent: Any time during the first year of this Agreement: $2,800 per receptacle Any time during the second year of this Agreement: $2,240 per receptacle Any time during the third year of this Agreement: $1,680 per receptacle Any time during the fourth year of this Agreement: $1,120 per receptacle Any time during the fifth year of this Agreement: $560 per receptacle If City provides notice of termination for convenience and chooses not to purchase said receptacles, the termination date shall be the original expiration date of November 7, 2016; in which event, and provided this Agreement is not extended as set forth in Section 1 of this Agreement, entitled "Term," upon expiration of this Agreement all waste receptacles shall remain in place and shall become the property of City. B. For Cause or Breach. If Licensee fails to obtain or maintain the insurance coverage required by this Agreement, or fails to provide proof of coverage within three (3) days following City's written demand, City may immediately terminate this Agreement. If City determines in its sole discretion that Licensee has otherwise breached or failed to adequately perform its obligations under this Agreement, and that cause exists to terminate this Agreement, City shall provide Licensee with written notice of such breach or default. If the breach or default is capable of being cured within thirty (30) days, Licensee shall have such period to effect a cure prior to City terminating this Agreement. If the breach or default is such that it is not reasonably capable of being cured within thirty (30) days, and Licensee (i) initiates corrective action within said period, and (ii) diligently, continually, and in good faith works to effect a cure as soon as possible, then Licensee shall have an additional sixty (60) days to cure the breach or default prior to termination of this Agreement by City. If Licensee fails to take corrective action or cure the default within such time, City may terminate this Agreement and shall give Licensee notice thereof. 15. DISCRIMINATION Licensee shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Licensee affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 11-2806.001/GreenerComers 8 16. JURISDICTION - VENUE This License and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. This License has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this License shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this License. 17. PROFESSIONAL LICENSES Licensee shall, throughout the term of this License, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Huntington Beach and all other governmental agencies. Licensee shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this License. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS Licensee hereby agrees to protect, defend, indemnify and hold harmless City, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to Licensee's employees and damage to Licensee's property, arising directly or indirectly out of the obligations or operations herein undertaken by Licensee, caused in whole or in part by any negligent act or omission of the Licensee, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the City. Licensee will conduct all defense at its sole cost and expense and City shall approve selection of Licensee's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Licensee. 19. INSURANCE (a) General Public Liability Insurance / Motor Vehicle Coverage. In addition to workers' compensation and employer's liability insurance as required herein and Licensee's covenant to defend, hold harmless and indemnify City, Licensee shall obtain and furnish to City, a policy of general public liability insurance, including motor vehicle coverage covering the Project/Service. This policy shall indemnify Licensee, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the Project/Service, and shall provide coverage in not less than the following 11-2806.001/GreenerComers 9 amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this Project/Service. This policy shall name City, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the Project/Service shall be deemed excess coverage and that Licensee's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self - insured retention, or a "deductible" or any other similar form of limitation on the required coverage. (b) Workers' Compensation and Employer's Liability Insurance. Pursuant to California Labor Code Section 1961, Licensee acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to. be insured against liability for workers' compensation; Licensee covenants that it will comply with such provisions prior to commencing performance of the work hereunder. Licensee shall obtain and famish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. Licensee shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. Licensee shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and Licensee shall similarly require all subcontractors to waive subrogation. (c) Certificates of Insurance; Additional Insured Endorsements. Prior to commencing performance of the work hereunder, Licensee shall furnish to City certificates of insurance subject to approval of the City's Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of City. Licensee shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by City. The requirement for carrying the foregoing insurance coverages shall not derogate from the Licensee's defense, hold harmless and indemnification obligations as set forth under this Agreement. City or its representative shall at all times have the right to 11-2906.001/GreenerComers 10 demand the original or a copy of all the policies of insurance. Licensee shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. Licensee shall provide a separate copy of the additional insured endorsement to each of Licensee's insurance policies, naming City, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 20. COMPLIANCE WITH LAW. Licensee shall comply with all statutes, ordinances, regulations, and requirements of all governmental entities, federal, state, county and municipal, relating to this License whether such statutes, ordinances, regulations, and requirements are now in force or hereinafter enacted. The judgment of any court of competent jurisdiction, or the admission by Licensee in a proceeding brought against Licensee by any government entity, that Licensee has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between City and Licensee and shall be ground for termination of this License by City. 21. MISCELLANEOUS PROVISIONS (a) Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this License, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 11-2806.001/GreenerCorners I l (b) All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this License. In the event that an inconsistency, conflict or, ambiguity exists between the provisions of this License and the provisions of the Exhibits referenced herein, the provisions set forth in this License shall take precedence. IN WITNESS WHEREOF, the parties hereto have executed this License the date and year first above written. GREENER CORNERS, LLC A LimitedAability Company Lo print name ITS: (circle one) Chairm President/V' a President CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City Clerk f AND By: �`"" INITIATED, REVIEWED AND APPROVED: S`t�ven �'.�idenlzi-u print name ITS: (circle one) Secret Chief Financial City Manager Officer/Asst. Secretary - Treasurer RAINBOW DISPOSAL COMPANY, INC., APPROVED AS TO FORM: a California corporation, dba Rainbow Environmental Services M. print name ITS: (circle one) Chairman/President/Vice President 0 print name ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary - Treasurer 11-2806.001/GreenerComers 12 City Attorney (b) All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this License. In the event that an inconsistency, conflict or ambiguity exists between the provisions of this License and the provisions of the Exhibits referenced herein, the provisions set forth in this License shall take precedence. IN WITNESS WHEREOF, the parties hereto have executed this License the date and year first above written. GREENER CORNERS, LLC A Limited Liability Company print name ITS: (circle one) Chairman/PresidentNice President F AJ CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City Clerk By: INITIATED, REVIEWED AND APPROVED: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer RAINBOW DISPOSAL COMPANY, INC., a I California corporation, dba Rainbow Environmental Services By: �w '; k> b%aN print name ITS: (circle one) Chairma reside ice President AND rint name ITS: (circle o Seief Financial Officer/Asst. Secretary - reasurer City Manager APPROVED AS TO FORM: City Attorney 11-2806.001/GreenerCorners - 12 I � I (b) All Lxhjbits referenced herein and attached hereto shall be incorporated as it fully set forth in the body of this License. In the event that an Inconsistency, conflict or airibigultv exists between the provisions of this License and the provisions of the Exhibits referenced herein, the provisions set fbilli in this License shall take precedence. IN WITNESS WHEREOF, the parties hereto have executed this License the date and year first above xvritten. GREENER CORNERS, LLC A Limited Liability Company By: print name ITS: (circle, one) ChairmanlPresidentNice President AND By: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer CITY OF HUNTINGTON BEACH. municipal corporation of the State of California yor 7 Clerk 4A 46A� ty Cler 6k INITIATI IE AND APPROVED: City Manag RAINBOW DISPOSAL COMPANY, INC., APPROVED ASTO FORJM: a California corporation, dba Rainbow Environmental Services By: s � 'LIKA A IJ print name ITS: (circle one) Chairma1(;;;>'ice President AND 7 -7 7,i.t name ITS: (circle o,2ecre ia� iief Financial Officer/Asst. Secret,0-5reasurer <:�City' Attorney 0 gg via I 1-2806.0011GreenerCorners • 12 '�� :I'�. LOCATION # RECYCLING BINS NB PCH BTW 1ST AND 2ND NB PCH BTW 2ND AND 3RD NB PCH BTW 3RD AND MAIN NB PCH BTW MAIN AND 5TH NB PCH BTW 5TH AND 6TH PIER BTW PLAZA AND RUBYS PIER PLAZA SOUTH OF PIER PIER PLAZA NORTH OF PIER SB PCH AT 1sf EAST SIDE MAIN BTW PCH/WALNUT EAST SIDE MAIN BTW WALNUT/OLIVE EAST SIDE MAIN AT OLIVE EAST SIDE MAIN AT ORANGE/SOUTH EAST SIDE MAIN AT ORANGE/NORTH EAST SIDE MAIN AT PECAN EAST SIDE MAIN AT 6TH EAST SIDE MAIN AT ACACIA EAST SIDE MAIN SOUTH OF YORKTOWN SOUTH SIDE YORKTOWN WEST OF MAIN WEST SIDE MAIN AT 6TH/NORTH WEST SIDE MAIN BTW 6TH/ORANGE WEST SIDE MAIN BTW OLIVE/WALNUT WEST SIDE MAIN BTW WALNUT/PCH SOUTH SIDE WALNUT BTW 6TH/3RD 1 2 2 4 1 1 3 3 NORTH SIDE WALNUT BTW 6TH/3RD 2 SOUTH SIDE OLIVE EAST OF MAIN 1 NORTH SIDE ORANGE AT MAIN/WEST 1 SOUTH SIDE 5TH BTW WALNUT/OLIVE 1 NORTH SIDE 5TH BTW WALNUT/OLIVE 1 NORTH SIDE 5TH AT OLIVE 1 BEACHFRONT (PIER TO BEACH BLVD) 103 PACIFIC COAST HWY 25 BLUFF TOP (9TH TO SEAPOINT) 2201 PACIFIC COAST HWY 15 CENTRAL PARK N/E GOTHARD / SLATER 35 r� � k � �'. � Ira A Proposal Pore -,pared for the Cky of Huntington Beach in response to RFP Submitted by: r A. VENDOR APPLICATION FORM AND COVER LETTER.................................................................................... 3 ContactInformation ................. —............................................................................................................... 4 B. BACKGROUND AND PROJECT SUMMARY.................................................................................................... 5 ProductInformation................................................................................................................................... 6 ServicesInformation.................................................................................................................................. 7 OngoingSolution.................................................................:................................................................... 10 C. METHODOLOGY........................................................................................................................................11 Initial Launch and Installation Plan.........................................................................................................11 ProjectTimeline....................................................................................................................................... 12 Serviceand Maintenance Plan............................................................................................................... 13 D. STAFFING.................................................................................................................................................15 ProjectTeam........................................................................................................................................... 15 E. QUALIFICATIONS.....................................................................................................................................17 Qualificationsof Firm...............................................................................................................................17 Experience with Municipal Recycling Programs...................................................:................................ 19 F. FEE PROPOSAL........................................................................................................................................ 20 Exceptionsto Sample Contract.............................................................................................................. 21 Conclusion............................................................................................................................................... 22 APPENDIX A— ENVIRONMENTAL AFFILIATES................................................................................................. 23 APPENDIX B—VENDOR APPLICATION FORM.................................................................................................24 APPENDIX C —RECYCLING BIN DESIGNS......................................................................................................,. 25 PROPRIETARY AND CONFIDENTIAL 2 OF 26 ,'��T'�" �� � � .� ' .-y a7,, d § n. ,fie � S `� °^ycJf•�s � � f" �,.�,y i � �• "+�` c Carrie Gonzales, Administrative Assistant City of Huntington Beach Finance Department 2000 Main Street Huntington Beach, CA 92648-2702 RE: Public Recycling Program Thank you for this opportunity to offer the City of Huntington Beach our cost-free, comprehensive Public Space Recycling Program for downtown areas, local parks and beaches. As we spoke about at our last meeting, Greener Corners specializes in these programs, spends 100% of our time as a company on public recycling programs, and is the only full -service program provider in the nation. By working together, we will strengthen recycling compliance, public awareness, community involvement, and City revenues. What you are about to embark upon is a comprehensive, turnkey solution to public space recycling needs and challenges. Our programs offer customized public recycling bins, education and awareness campaigns, tracked results, and a new revenue stream, all at no cost, risk, or liability to the City of Huntington Beach. All offerings herein are catered to your specific needs and are valid for a period of at least 180 days. Although Greener Corners develops these programs for communities all across America, we implement each as unique, and cater program components accordingly. You will see a lot of language similarities between your RFP and our response due, in large part, to the fact that we spoke about these program components in length during previous discussions. PROPRIETARY AND CONFIDENTIAL 3 OF 26 In all of our programs nationwide, we develop a local office with Team members hired locally to ensure we keep this a local program and help with new jobs and economic stimulus. To that end, once we have been awarded this contract, we will specify where our local Huntington Beach office will be located (Please see Appendix B for Vendor Application Form). We look forward to exceeding your expectations and working with the City of Huntington Beach in the near future. Yours in greener streets, Aaron Klein, Principal Greener Comers www.GreenerCorners.com 888-LOOK-4-GC The achievement of a successful program depends on a solid relationship. If you have questions about any aspect of this proposal, please contact Aaron -Klein. Aaron is a Principal in the Company and authorized to negotiate on the Company's behalf: Aaron Klein Tel: 201-638-2218 Email: Aaron@GreenerCorners.com Greener Comers Head Office 301 Route 17 North Suite 800 Rutherford, NJ 07070 Greener Corners Huntington Beach Office TBD, Pending Contract Award PROPRIETARY AND CONFIDENTIAL 4 OF 26 i61 can see a future where Greener Corners Fans are considered a necessary part of public space like street lights and stop signs." --Sinclair Radio Stations i 4 a�ri �i " g Greener Corners has been working with numerous City departments to create and develop a Public Space Recycling program in the City of Huntington Beach that will be effective, results -driven, and ongoing. Program „ components include customized public recycling bins, material collection integration and logistics, .., ., Green Team education, organized awareness campaigns, and EPA -linked tracking. This turnkey program initiative is cost free and revenue generating..` Greener Corners is fully committed to working with�� Huntington Beach to make this Public Space Recycling effort a solution to public space waste management and recycling challenges. The program includes concrete measures to ensure its continued success. To implement a Public Space Recycling program that is as comprehensive as it is effective, Greener Comers will provide an array of services for Huntington Beach. We will install and maintain free recycling bins at predetermined locations, and work with Huntington Beach to integrate the public recycling program into Rainbow Disposal's existing collection methods. Our organization will also repair, replace, remove, and relocate our units as required by the City. We also cater the -public educational programs and awareness campaigns to meet your City's needs. Each of these services is without cost to the City. This program also generates a new revenue stream (without raising taxes) to be used at your discretion. PROPRIETARY AND CONFIDENTIAL 5 OF 26 State of the Art, Customized Recycling Bins Greener Corners' recycling stations are both aesthe' These state-of-the-art bins come standard with two or three separate openings deliberately designed to minimize contamination, and clearly marked with labels distinguishing the intended materials. Everything from station design and color to number of openings is fully customizable. Greener Corners will propose a few different design options for the City to choose from, with the final design of all recycling bins approved by the City. All recycling bins will match current streetscape and be identified with "Rainbow Disposal" side. Please see Appendix C for Recycling Bin Design Options. on the Greener Corners is fully responsible for cleaning, maintaining, repairing, and replacing recycling stations as needed, as well as monitoring recycling flow progress. We will routinely clean the outside of the bins to maintain their aesthetic appeal. Graffiti and other blemishes will be removed on an as -needed basis, also at the expense of Greener Corners. The recycling bins will be neat and presentable, free of graffiti, stickers, litter and debris. If a recycling bin becomes damaged and rendered unusable after repair, we will replace the bin immediately. Affixed to each recycling bin will be a nameplate with Maintenance Team contact information and bin ID number as well as a QR Code to scan for information/tracking purposes (Please see Appendix C). Should the City subsequently determine that an existing location is no longer acceptable, we will remove or relocate the recycling bin within 30 days. In the case of an urgent health and safety issue, Greener Corners will relocate the bin immediately. Along with providing the public with a safe place to recycle when they are out and about, our recycling bins will become an attractive icon for Huntington Beach, representing cleaner, greener streets. r Our organization will add additional units outside what Rainbow Disposal is offering, in order to increase the comprehensiveness of our program offering and maximize City revenues. Please see Fee Proposal for ideas on projected number of bins. PROPRIETARY AND CONFIDENTIAL 6 OF 26 Integration Model Greener Comers is committed to making this Public Space Recycling program as seamless a transition as possible. We will work with the City and Rainbow Disposal to integrate the public recycling bins into existing collection routes and in high foot traffic locations including street corners, parks, playgrounds, City facilities and other locations. We will locate these bins near or in place of current trash receptacles so as not to increase the number of pickups. In fact, due to the nature of these bins and the program itself, waste will now be divided into 2 or 3 streams and frequency of pickup may actually be reduced. Safety in the installation of the recycling bins is of utmost importance and placement of recycling bins will not limit vehicular or pedestrian access. All recycling bin designs are ADA compliant, and we will install all bins in accord with all Federal, State or City laws. Greener Comers will host informational and training sessions to educate staff about the recycling bins and proper collection methods. Universal keys for the recycling bins will be supplied to Rainbow Disposal prior to installation, also at no cost. We are committed to ensuring a smooth implementation and are always available for future trainings and ongoing support. Serncesalnformat�on h} ` �` ¢ _; w Green Team Education No public space recycling program is complete or will be successful without an extensive education and awareness campaign aimed at residents, businesses, and visitors. The Green Team is a walking, talking public awareness campaign made up of local community volunteers recruited by Greener Corners and consisting of passionate residents of all ages. We supply all Green Team members with matching green attire, ensuring that they are visible to passers- by. The Green Team will be positioned at high -profile recycling station locations to direct public attention towards effective recycling practices. This program component generates excitement and involvement, and provides on -site education. It also creates positive media attention and press coverage. PROPRIETARY AND CONFIDENTIAL 7 OF 26 The Green Team also visits local schools, civic centers, and community organizations to promote the benefits of recycling. Our volunteers typically come from community centers and other youth organizations. By collaborating with community groups, we help to achieve our goal of a comprehensive recycling awareness movement. Greener Corners will work with local schools positioned within the public recycling zone to incorporate our educational programs. We teach students as well as their parents about Huntington Beach's Public Space Recycling initiative and how they can play an integral role in its success. There is no better way to learn and appreciate the contents of the program than to experience it firsthand. An element of our public awareness campaign is dependent upon your commitment to assist us in creating involvement amongst neighborhood residents. Having presence at local community events will be further confirmation that recycling is. the way of life in Huntington Beach. The way to secure a consistently successful program is through a productive relationship between government and its community. Through collaboration with the City, we can achieve our goal of a comprehensive recycling awareness movement. Recycling Applications Greener Corners is always developing sleek and Whone Recycling Application innovative ways to increase interaction and participation in our community programs. One such example is through mobile applications that help residents, businesses, and visitors keep track of their own recycling practices. These free applications complement our education and awareness efforts. Greener Recognition One year after the launch of this Public Space Recycling program, Greener Corners will promote the overall growth of recycling in Huntington Beach and honor its commitment to a greener community by awarding the City with our version of "Greener" Certification in recognition of your environmental achievements. "Cracked Results — Equivalent Factors Our organization has partnered with the EPA and a multitude of other organizations to be able to capture recycling tonnage figures and convert them into tangible, meaningful results we call "Equivalent Factors". Residents and visitors will now have the opportunity to understand the impact of their actions when they see the City's recycling results in terms of saved trees, energy conservation, pollution aversion, etc. For your convenience, this information will be provided to you quarterly on the Huntington Beach page on our website, touting your environmentally friendly PROPRIETARY AND CONFIDENTIAL 8 OF 26 initiatives. This webpage URL will be publicized in press releases and other materials so your residents and surrounding neighbors can view the success of your program. Greener Corners provides you with up-to-date progress on your public space recycling program through our Community Impact Report. Quarterly, you will receive results of your public recycling program in terms of increased recycling tonnage, conserved landfill space, saved tipping fees, Equivalent Factors, and new revenue. We quantify your recycling tonnage, monitor the results, and ensure that all program goals are being met. showing clean recyclables and decreased waste due to public education and awareness campaigns New Revenue Stre2m Greener Corners' Public Space Recycling program literally pays you to recycle. Our proposal includes a shared revenue agreement with the City of Huntington Beach, generated from the sales of local merchant sponsorship on the sides of the recycling bins. We take the cost prohibitive nature of these types of programs off your taxpayers, and provide your business community with the ability to promote their local business and support the new recycling program at the same time. These businesses will have a cost-effective, unique opportunity to reach their respective audiences. All designs are tasteful, encouraged to have Green messages, and reflect a community -wide commitment to a more sustainable society. We will not work with companies whose business is substantially derived from the sale or manufacture of tobacco products or alcoholic beverages, sexually -oriented businesses, and/or any other business, industry or product which the City determines, in its sole discretion, is not in the best interest of the City and/or not consistent with the goals of the program. PROPRIETARY AND CONFIDENTIAL 9 OF 26 All merchants who participate in this program receive Greener Recognition for their efforts, invitations to State-wide recycling events, and access to EPA WasteWise experts. Although Greener Corners will be handling and supervising every aspect of this program, including maintenance of advertising space, this entire program will be a Huntington Beach recycling initiative —Greener Corners managed, Huntington Beach Approved. To that end, Huntington Beach will always have the right of first refusal and preapproval on these messages, and 100% control over its content. We will maintain all necessary permissions, consents, copyrights or licenses to any work to be used in connection with the performance of our Agreement. Greener Corners has developed a revenue -share allowance generated from the business community's support that would come back to the City. This model is graduated and based on net revenues. In addition to this new revenue stream, the reduction of its overall waste tonnage and associated well as increased recycling commodities. City will also benefit from the disposal and tipping fees, as The objective of instituting a Public Space Recycling program in Huntington Beach, aside from cleaning up"`" your streets, is to positively impact the mindset and a overall habits of local residents. The success of this program flourishes beyond the public realm. Through , awareness campaigns, educational programs, and other Green Team efforts, as well as local business__ * -, involvement, the influence of public recycling will quickly reach the residential echelon. Greater public recycling awareness = increased residential compliance and consideration! As recycling becomes more and more habitual amongst residents, recycling collection tonnage will increase which, in turn, reduces waste community -wide. This puts Huntington Beach on the fast track to a greener community and towards a "Zero Waste" objective. PROPRIETARY AND CONFIDENTIAL 10 OF 26 "Our partnership with Greener Corners is a Win -Win program; it's a great way to help the planet by increasing recycling in the community and tackle some of our budget challenges at the same time." —Sue S., Public Communications Manager, Colorado Springs, CO a�.� �.• •-, 'kt'� a4 �.� Irnt al�l:aunch and InstallationsPMan > K & Y_., ; F� .� Greener Corners plans on implementing an Initial Launch for Huntington Beach consisting of a predetermined number of recycling bins (between 150-250). After the first six months of the program, we will assess the program's efficacy. The purposes of the Initial Launch are threefold: 1) Determine the number of bins that will meet Huntington Beach's needs and formulate recycling tonnage goals for the future based on these figures 2) Monitor and manage the commencement of this program in a dense region by which to measure standards and best practices moving forward 3) Evaluate the effectiveness of the program and recalibrate our efforts if necessary Directly following this Initial Launch period and upon successful review of the aforementioned, Greener Corners will install additional recycling bins to meet your predetermined public space recycling needs. Upon being awarded the contract, Greener Corners will hire a Local Project Manager whose sole responsibility will be to ensure the successful launch of the program. Furthermore, an experienced GC Project Manager will be temporarily relocated to Huntington Beach to further ensure all components are being implemented effectively. Greener Corners has already successfully launched many programs and has developed strict guidelines to follow. Greener Corners has developed a systematic, nonintrusive approach to execute a City-wide installation over the course of a few days. We would only request outdoor space to be used as our centralized drop-off/shipment location. At no point during PROPRIETARY AND CONFIDENTIAL 11 OF 26 this process will we be requiring the assistance of City staff. Once the bins have been delivered, our maintenance team will immediately begin to install the bins at their predetermined locations. Our bins are bolted to the ground to reinforce safety, and are installed during less busy times so as not to be obtrusive to passers-by. If we are placing the bins on a non -cement surface, Greener Corners has a proven grass/dirt installation system that is nonintrusive and particularly secure. Greener Corners has the organizational infrastructure in place so that we can implement and proceed with this program with minimal delay. A sample schedule follows: 117 Immediately Greener Corners works with Huntington Beach to Upon agreement finalize recycling bin design and initial recycling bin signing locations, and hire the Local Project Manager Following bin design approval, Greener Corners orders all recycling bins Within the first 30 days Sponsorship Team begins the initial call blitz to contact local merchants Greener Corners begins organizing local Green Team to promote recycling ro ram Greener Corners and Rainbow Disposal begin working on collection logistics Greener Corners implements the program tracking system to track the volume of recyclables generated through Huntington Beach's recycling system At 90-120 days Initial bins are installed and maintenance begins Greener Corners schedules Green Team members to visit selected bin locations Greener Corners begins providing reports about the success of your recycling program Greener Corners conducts a formal six-month review to assess the success of the implementation, to At six months identify any concerns and recalibrate for Phase II if necessary, and to review sponsorship revenue generated through program Within twelve months Phase II recycling bins are installed PROPRIETARY AND CONFIDENTIAL 12 OF 26 Relocation and Removal Rights Both the City of Huntington Beach and Greener Corners will have the right to arrange for a recycling bin to be moved to a different, mutually agreeable location. For instance, if a recycling bin is subject to consistent vandalism, Greener Corners may wish to move that bin to a different location that is acceptable to the City. Likewise, if a recycling bin is constantly low in recyclable deposits due to lack of foot traffic, the City can ask that it be moved to another location that is acceptable to Greener Corners. Upon agreement of recycling bin relocation, the said bin will be repositioned within 30 days. The goal of this clause is to develop a working partnership between Huntington Beach and Greener Corners to ensure the public recycling program is functioning safely and at full capacity. During the entire installation process, Aaron Klein will oversee this program and accompany and monitor all maintenance staff. Among other things, this ensures the bins are properly located and secured according to the directions and guidelines we establish with Huntington Beach during pre -installation planning meetings. Greener Corners will clean and service the recycling bins monthly. Our Maintenance Team uses only certified environmentally friendly products, and we have no hazardous run-off. During each maintenance visit, scheduled or not schedule, our Maintenance Team fills out a log sheet detailing work performed. Our mandatory Green and Clean log sheet records the date and time the bin was serviced, the bin ID number, and any issues that were identified and rectified during the visit (such as graffiti removal, damage to the bin, etc.), and any potential hazards or future enhancements. We perform random and mandatory audits to ensure consistent work quality. Greener Corners will remove graffiti and other blemishes within 24 hours and have a 24-hour emergency response service to be on scene at a moment's notice to handle urgent/emergent situations. Our emergency response line is 888-LOOK-4-GC and will be made public upon commencement of the program. PROPRIETARY AND CONFIDENTIAL 13 OF 26 Quality, Security, and 24-Hour Support The Greener Corners public recycling bins are constructed for strength and durability. With normal wear and tear, these bins have a lifespan of about ten (10) years and are manufactured to weather all storms. All recycling bins have a cam -style lock mechanism with key access in the front and back. All keys are universal and will be distributed to collection staff to ensure that no one aside from authorized individuals will be capable of removing anything from inside the bins. Should there be any emergency pertaining to the bin and its surroundings, Greener Corners has a 24-hour response service to address the concern (888-LOOK- 4-GC). Greener Corners holds a comprehensive insurance policy which covers general and pollution liability, as well as commercial and terrorist insurance, to be submitted prior to bin installation. EPA Tracking and Community Impact Reports Greener Corners provides Huntington Beach with up-to-date progress on the public space recycling program through our quarterly Community Impact Report. This report shows current inventory, advertising sold, and revenues to the City. It also converts increased recycling tonnage into EPA equivalent factors, showing your residents, businesses, and visitors tangible, meaningful results such as: ➢ Recyclables collected and rate of increase over time ➢ Trees saved ➢ Water conserved ➢ Air pollution and greenhouse gas aversion ➢ Energy saved ➢ Natural resources protected ➢ Landfill space preserved Results will be displayed under a special "Huntington Beach" Page on our website and in the form of these Equivalent Factors. Anyone worldwide will be able to access this tab and see what Huntington Beach has done to help our environment and overall sustainability. Random Audits While we have full confidence in our Maintenance Team to perform their duties according to the expectations we set, our Project Manager will perform periodic audits, at random, to ensure a consistently excellent caliber of work. This is especially important because the physical appearance of the recycle bins will reflect on and become iconic for Huntington Beach. PROPRIETARY AND CONFIDENTIAL 14 OF 26 "; � ; t.F' 44 \ �• y 1 4 rljwy t =� Greener Comers will have a designated Team assigned full-time to this program in Huntington Beach, based out of a local office in the City. We believe that hiring locally for all aspects of our program components will solidify the best results and the most passionate team. We create as many local jobs as possible and all of our Green Teams, Maintenance Teams, Sales Teams, and Design Teams consist of local individuals. This local Team will be formed upon award of the contract and all resumes of hired personnel will be sent to the City for approval. Backing this local Team will be the Greener Corners Core Management Team: AARON KLEIN (CHIEF EXECUTIVE OFFICER Through extensive sales and managerial experience working with Fortune 500 companies, Aaron offers a unique perspective into the successful implementation of public recycling programs. He is a "thought leader' in an industry that lacks creative execution, and is spearheading a new wave of pubic recycling. His passion for this mission is the driving force behind Greener Corners, with ambition to make Public Space tG z v Recycling a national phenomenon. Aaron_ graduated Cum Laude from the University of Maryland with a Bachelor's degree in Communication and a focus on International Business. He is currently residing in Teaneck, NJ. STEVEN GOLDENBERG (CHIEF OPERATING OFFICER Aaron Klein and Steven Goldenberg For the past 12 years, Steven has owned and accepting the proclamation from the operated two successful businesses grossing Mayor of Colorado Springs, City Hall over $30M, while organizing community cleanups and charity events in his neighborhood. His insight into the recycling industry stems from his upbringing in Toronto where Public Space Recycling is commonplace and continues to flourish. PROPRIETARY AND CONFIDENTIAL 15 OF 26 MITCHELL SAHN (MUNICIPAL AFFAIRS MANAGER Mitchell has served 5 terms as Mayor of Hewlett, NY and has spent a majority of his professional life as a financial and trade advisor serving companies including Kellner & Dileo, Morgan Grenfell (now Deutsche Bank), Lehman Brothers, and Citibank Private Bank. MARK NAEF (CERTIFIED RECYCLING PROFESSIONAL) Mark plays an integral role in the creation and development of first -ever public space recycling programs. Education, awareness, tracking, conversion into EPA equivalent factors, and attaining all recycling tonnage goals all fall under Marks umbrella. As a recycling professional for over 20 years, Mark's experience and industry knowledge will inspire a consistent and widely -delivered message to your residents and visitors alike. JEFF MARTIN (CHIEF FINANCIAL OFFICER) Jeff's experience includes four years at Pequot Ventures, a New York venture capital fund with over $1 billion under management. Prior to that experience, Jeff was the Chief Financial Officer at Interactive Imaginations, an interactive marketing company based in New York, NY. The company ultimately went public on the Nasdaq in the late 1990's. Jeff has also worked at in finance at Morgan Stanley and management consulting at McKinsey. He is a graduate of Harvard Business School and Williams College. DIANE FERRARA (CHIEF INFORMATION OFFICER) Diane gained tremendous business acumen as a Financial Controller and Director of Administration and Information Technology for a medical manufacturing firm where she also was on their Enterprise Management Team which ran the company. She is now the Director of Operations and Information Technology for. the Continuing Education Department of a global firm. She instills creativity and innovation in everything she does, and is extremely enthusiastic about our efforts to advance Public Space Recycling. DANIELLE ECCLESTON (CREATIVE DIRECTOR, MEDIA LIAISON) Danielle has worked with clean -tech, consumer, healthcare, biotech and technology companies to effectively and successfully communicate the companies' priorities and new developments by using both traditional and social media avenues. Currently, Danielle is based in San Francisco, a City with one of the. most effective and widespread recycling programs in the world. PROPRIETARY AND CONFIDENTIAL 16 OF 26 ,�,�+, �5�'�f$'-��b .��'F' �,�Y .�^t.�•r � xr. r � it "We are excited about replacing our worn out trade receptacles for free and using the new bins to educate the public." —Mark N., Syracuse, NY Greener Corners is a cost-free, full -service Public Space Recycling program provider serving municipalities, universities, and other public and private institutions to help advance their Public Space Recycling efforts. The organization was formed to make public recycling readily available and build awareness about the importance of recycling and its parallel implications on the environment. Beyond its consultative approach to creating a Greener community, Greener Corners provides free Public Space Recycling bins, develops educational and public awareness campaigns, and creates a new revenue stream for the City. These program components are designed to complement and support current environmental activities and further the community's recycling initiatives. Through our market and industry research, we have documented the measures necessary to create an even more successful program that addresses some of the biggest concerns surrounding recycling in America. Our goal is to increase awareness about the critical nature of recycling and strengthen interest and compliance not only in public areas of Huntington Beach, but also on a residential level to boost overall annual recycling tonnage. We are currently affiliated with credible suppliers, haulers, and environmental advocacy groups who have been successful in their endeavors for decades (see Appendix A for a list of Affiliates). Utilizing these strategic alliances, Greener Corners enables municipalities to establish and maintain thriving environmental practices in the areas of Public Space Recycling and community education. Greener Corners is the only full -service, comprehensive Public Space Recycling program provider in the nation. Our public recycling programs serve municipalities, universities, shopping plazas, sports arenas, and other public and private institutions. PROPRIETARY AND CONFIDENTIAL 17 OF 26 Our firm is qualified and experienced in planning, designing, implementing, operating, and maintaining these types of programs successfully. Our founding mission and core competency centers on creating and developing cost-free, revenue -generating public recycling programs that are as turnkey as they are effective. The company was formed to make public recycling ubiquitous, educate community members, and build awareness about the importance of recycling and its parallel implications on the environment. The entire company is 100% American owned and operated, a must in order to accurately address the environmental concerns of our nation. We have partnered with the EPA and dozens of other local, regional, and national environmental organizations to ensure essential recycling messages are widespread and compliance is maximized. Additionally, every aspect of our program is backed by extensive industry research and market analysis with Certified Recycling Professionals, Recycling Coordinators, Environmental Commissions, Department of Public Works Directors, Sustainability Coordinators, Environmental Scientists, Municipal Solid Waste personnel, the top Materials Recovery Facilities, the 5 largest recycling product manufacturers, and the 3 largest waste haulers in the North America. We also work with the best public space recycling program developers in North America including the Zero -Waste Coordinator in San Francisco, California and Newport News, Virginia. To that end, our programs carry with them the weight of decades worth of experience, development, and efficient operations. Greener Corners was introduced to the recycling market in 2008, collaborating with public space recycling experts in Toronto and other cities in Canada, where public recycling programs have been in place since the mid-1990s. This gave us unique and valuable insight into public recycling advancements as well as ways to alleviate and avoid program challenges. Greener Corners is excited to offer this refined model to the City of Huntington Beach as cost free, revenue generating, and highly educational. Greener Corners receiving an award from County Executive Dennis McNerney for recycling in Bergen County parks We have experienced an overwhelming amount of support from our community partners and have received myriad recognition for our programs and their education and awareness components. Currently, we are in contract stages or have full programs with 15 municipalities, across 7 states. PROPRIETARY AND CONFIDENTIAL 18 OF 26 Municipal Programs Greener Corners would like to offer the names and contact details of those government officials involved in the development of our last five programs. Please use them as references in order to get a better sense of the programs we develop: Garfield, NJ, Launched June 2010 4 Tom Duch, City Manager: 973-340-2000 4 Sam Garofalo, Public Works Superintendent: 973-546-2200 Glen Rock, NJ, Launched September 2010 4 Robert Tirserio, Public Works Director: 201-670-3980 4 Lenora Benjamin, City Administrator: 201-670-3956 Secaucus, NJ, Launched October 2010 4 Mayor Michael Gonnelli, Township Mayor: 201-330-2000 -> David Drumeler, Township Administrator: 201-330-2008 Colorado prings, CO, Launched April 2011 4 Julie Smith, Public Communications Specialist: 719-385-5256 4 Sue Skiffington-Blumberg, Public Communications Manager: 719-385-5254 Liberty Science Center, Jersey City NJ, Launched June 2011 4 Paola Amato, Associate Director of Facilities: 201-253-1267 -> Dennis Hercel, Director of Facilities. 201-253-1215 Licenses and Permits Greener Corners currently maintains the required state licenses and permits necessary to conduct this program in Huntington Beach, proof of which is available upon request. This includes but is not limited to business licenses, outdoor advertising permits, and comprehensive insurance coverage. In addition, we have trained personnel educated and licensed in the State of New Jersey to perform all relevant requirements pertaining to this program. Partners and Affiliates We proudly support our loyal partners and affiliates who work with us to help local communities develop Public Space Recycling programs. These partners and affiliates include recycling station manufacturers, credible haulers, environmental organizations, and other associations who have been successful in promoting best environmental practices for decades. See Appendix A for a list of our affiliates. PROPRIETARY AND CONFIDENTIAL 19 OF 26 "This will also save us money by keeping waste out of the waste stream: We pay $90/ton in tipping fees to dispose of our solid waste so the less waste we have, the less money we have to pay to discard it." -David D., Town Administrator, Secaucus, NJ Greener Corners offers a net revenue -share model whereby Huntington Beach would benefit from maximum program financial returns (where net refers to revenues after operational expenses). This is but one piece of a successful program, and projected revenue figures will only come to fruition if the right Team, education/awareness, tracking, and ongoing reporting are in place. This graduated model accounts for market demographics, bin locations, and City population with an integrated collection system, and serves as an estimated projection only. Using average figures from our programs with similar populations and demographics, this structure will offer Huntington Beach the following revenue,scale: Year 1 of Contract: 30% of Net Advertising Sales Year 2 of Contract: 35% of Net Advertising Sales Year 3 of Contract: 40% of Net Advertising Sales Year 4 of Contract: 45% of Net Advertising Sales Year 5 of Contract: 50% of Net Advertising Sales Renewal Years 1-5: 55% of Net Advertising Sales Greener Corners projects a total financial gain exceeding $870,000 through the initial proposed program term of 5 years and an additional $1,200,000 over a 5-year renewal period, based on a 250-bins program (-238 bins referenced in RFP). If we had viable locations and approvals for 500 units, revenues would reach $1,900,000 through the initial 5 years and exceed $2,600,000 over a 5-year renewal period, for a total of $4.5 Million: PROPRIETARY AND CONFIDENTIAL 20 OF 26 500000 400000 300000 2.00000 100000 0 r as a'iS",111111111111111 qIr, p Y1 Y2 Y3 Y4 Y5 Revenue Greener Comers will offer the City of Huntington Beach Minimum Annual Guarantees based on the following number of units installed: 200 Units = $30,000 300 Units = $60,000 400 Units = $100,000 500 Units = $150,000 Huntington Beach Assumes Zero Risk The program we are proposing is revenue generating for Huntington Beach, and will enhance your streetscape with public recycling for your residents, businesses, and visitors. With all of these substantial benefits, there is also no risk to the City. Greener Corners assumes all costs associated with the program and Huntington Beach gets all the benefit without any risk. Due to a high capital expenditure, Greener Corners is requesting an initial contract term of five (5) years with an optional five (5) year renewal period. We would ask that a lower performance bond be required per bin, since we are handling all costs associated with the program and will be contractually obligated to return all recycling bin locations back to their original form. We would also request that if this contract is terminated for a reason other than "cause" as defined in said contract, or for no reason, that Greener Corners be allowed to continue our program to the extent that we are able to recover our initial capital expenditure. Specific language will be supplied following award of contract and at the mutual consent of both Greener Corners and the City of Huntington Beach. PROPRIETARY AND CONFIDENTIAL 21 OF 26 Greener Corners is delighted to be working with the City of Huntington Beach to implement an effective Public Space Recycling program. With this program in place, Huntington Beach will continue to stand out as a national leader in environmental efforts to mirror its progressive nature. This type of program is not only essential for increasing recycling habits in our local communities, but also a giant step in helping to preserve our only planet. We have strived to cover all bases in offering you a model that will put state-of-the-art recycling bins in and around Huntington Beach at no cost to the City. If there is a point we missed or a concern we have not addressed, please do not hesitate to contact us. The achievement of a successful program depends on a solid relationship. We look forward to commencing this program imminently and are committed to exceeding your expectations. PROPRIETARY AND CONFIDENTIAL 22 OF 26 The following are some of the local, regional, and national recycling companies, environmental organizations and advocacy groups we have formed synergies with- ISO", NERC W O � O� Member �yT.41 PROV�L'0 .4N7 Association of ,...y New Jersey Recycler: MINOR LEAGUETM BASEBALL 17 Prese -v ing Resources, t'reventing Waste YNicA BOPS & GIRLS 'CLUBS NRDC�\ Ur Ewm*s BUT DULMR TREEPEOPLE SIERRA Naa'sCLUB NITI�TPTAM Kid fail, n antra ,a co TERRACYCLE y� z.W�. �eS ®t1 &,z. r °5,1W tx `"��� Council For Responsible Sport HNational Recycling Coalition [Jl Ftecyc{s Clear s*at�`til! 3eNETWORK �In t r ;H,Ccy Ilrp Sql Ilgfi ' . envyre zene Cleva�: C1e�n.Unique. res %, w america PROPRIETARY AND CONFIDENTIAL 23 OF 26 * • 1 - �.x °J r� 1 f� t, • �. TYPE OF APPLICANT: Q NEW ❑ CURRENT VENDOR Legal Contractual Name of Corporation: Greener Corners, LLC Contact Person for Agreement: Aaron Klein Corporate Mailing Address: 301 Route 17 North, Suite 800 City, State and Zip Code: Rutherford, NJ 07070 E-Mail Address: Aaron@GreenerCorners.com Phone: 201-638-2218 Fax: 866-991-3648 Contact Person for Proposals: Aaron Klein Title: Principal E-Mail Address: Aaron@GreenerCorners.com Business Telephone: 888-566-5442 Business Fax: 866-991-3648 Is your business: (check one) ❑ NON PROFIT CORPORATION QFOR PROFIT CORPORATION Is your business: (check one) ❑ CORPORATION. ❑ LIMITED LIABILITY PARTNERSHIP ❑ INDIVIDUAL ❑ SOLE PROPRIETORSHIP Q PARTNERSHIP ❑ UNINCORPORATED ASSOCIATION Names & Titles of Corporate Board Members (Also list Names & Titles of persons with written authorization/resolution to sign contracts) Names Title Phone Aaron Klein Principal `201-638-2218 Steven Goldenberg Principal 201-965-8500 Jeff Martin CFO 888-566-5442 Federal Tax Identification Number: 26-4528091 City of Huntington Beach Business License Number: TBD (If none, you must obtain a Huntington Beach Business License upon award of contract.) City of Huntington Beach Business License Expiration Date: N/A PROPRIETARY AND CONFIDENTIAL 24 OF 26 Greener Comers has a wide array of public recycling bins. Among the most popular bins from our line of products is this galvanized steel unit that comes in a variety of ..�F colors with a powder coated zinc finished, and inside liners made from recycled plastic (polyethylene). This bin comes standard with two or three separate apertures distinguishing ti r intended materials. This recycling bin meets Huntington Beach's needs and program requirements based on our initial discussions, as well as is ADA compliant. The station's 3-stream construction and design is as follows: Dimensions: 23.6" (width) x 70.8" (length) x 47" (height); approx. 300 lbs. Liner Dimensions: 19" x 19" x 28"; capacity 39 gallons each Openings: 2.9" x 14" — MIXED PAPER 5.4" — CANS & BOTTLES 3.9" x 14.9" — LITTER ONLY This Station is only one of many options to choose from. We have the capabilities to customize any design to fit Huntington Beach's needs in accordance with the City's current tone and mandatory regulations. Examples of customized bins are shown below: PROPRIETARY AND CONFIDENTIAL 25 OF 26 s f � A fiy _ 4f R I F k t r wnrwGreenpr�'inCssco»� ny �''� ,�'.'�'�.: �'t t�'.✓'�}yen=°' yf3... 5' f 4 S 6"' —x '���"�_-`�,�,✓"':.� �� � ,',r 91.E �".�r,„�. �aN'��+�w<� � � `: GREENS ;Z . raP�� ��ass perisnc, c?� :t : h � As Fd GREENER C 3_0 �__. �' U 1 N Fm PS Public Space Recycling Partnerships For Greener Living September 21, 2011 1. Yes — Greener Corners agrees to the Scope of Work as stated in the RFP 2. Greener Corners anticipates launching a program with a minimum of 50 units and a maximum of 500 units. The maximum number of units deployed may increase based on the advertising opportunity and the number of viable locations for the units. 3. Please review the following projected rollout schedule: Immediately Greener Corners works with Huntington Beach to Upon contract signing finalize recycling bin design, and initial number of units/locations Greener Corners begins manufacturing units Within the 120 days Bins are delivered to central drop-off location in City GC Installation Team begins installing all units during Within 130 days non -peak hours; Greener Corners will install between 30-50 units per day until all bins are deployed At six months Program review including any recalibration of initial units and discussions for Phase II Within eight months Greener Corners begins manufacturing redetermined number of units for Phase II Within twelve months Phase II bins are delivered to central drop-off location Ongoing Program review and implementation of future Phases 4. Greener Corners will not be adjusting any of our maintenance schedules. 5/6. Please review the following final fee/revenue proposal, inclusive of Minimum Annual Guarantees and upfront guarantees: Year 1 of Contract: 30% of Net Advertising Sales Year 2 of Contract: 35% of Net Advertising Sales Year 3 of Contract: 40% of Net Advertising Sales Year 4 of Contract: 45% of Net Advertising Sales Year 5 of Contract: 50% of Net Advertising Sales Greener Corners projects a total financial gain exceeding $870,000 through the initial proposed program term of 5 years and an additional $1,200,000 over a 5- year renewal period, based on a 250-bins program (-238 bins referenced in RFP). If we had viable locations and approvals for 500 units, revenues would reach $1,900,000 through the initial 5 years and exceed $2,600,000 over a 5-year renewal period, for a total of $4.5 Million: Minimum Annual Guarantees: 150 Units = $25,000 200 Units = $30,000 250 Units = $45,000 300 Units = $60,000 400 Units = $100,000 Greener Corners will pay the Minimum Annual Guarantee for Years 1 and 2 upfront at time of initial bin installations. /� �p��+ ACC> ®® CERTIFICATE �`�,� CERTIFICATE F LIABILITY INSURANCE DATE(MM/DDIYYI'Y) 10/3/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Risk Strategies Company One Hollow Lane Suite 206 Lake Success NY 11042 oNrAE: r Michael Morra NAM PHONE . (516) 858-5770 ac No: ADDRIesS:mmorra@risk-strategies . com PRODUCER 'USTID#Q0018149 INSURERS AFFORDING COVERAGE NAIC # INSURED Greener Corners, LLC 1178 W. Laurelton Parkway Teaneck NJ 07666 INSURER A:EVerest Indemnity Insurance INSURER B : INSURERC: INSURERD: INSURER E : 1 INSURERF: COVERAGES CERTIFICATE NUMBER:CL1110341061 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADD IN R BR WVO POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MMIDD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 11000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR X FP001778-111 /15/2011 /15/2012 DAMAGE TO PREMISES Ea occurrence) $ 50,000 MEDEXP(Any one n) $ 51000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 1,000,000 $ X POLICY PE O- LOC CT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 A ANY AUTO ALLOWNEDAUTOS X FP001778-111 /15/2011 /15/2012 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ SCHEDULED AUTOS X HIRED AUTOS PROPERLY DAMAGE (Peraccident) $ $ X NOWOWNED AUTOS UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DEDUCTIBLE $ $ RETENTION $ WORKERS COMPENSATION WC STATU- I 10TH- AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBER EXCLUDED? (Mandatory In NH) N / A E.L. EACH ACCIDENT $ EL. DISEASE - EA EMPLOYE $ E.L. DISEASE- POLICY LIMIT $ If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Addltlonal Remarks Schedule, If more space Is required) As respects work performed by named insured, and if required by written contract: City of Huntington Beach, its officers, elected and appointed officials, employees, agents and volunteers are named additional insureds CIty of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Christian/KAE ACORD 25 (2009109) U 9y88-ZUUV AL:UKU t:UKYUKAI IUM. Au rignis reserveu. INS025 (2oowo) The ACORD name and logo are registered marks of ACORD HB -125- Item 5. - 48 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGES Policy Change Number 02 POLICY NUMBER POLICY CHANGES COMPANY EFFECTIVE EF4P001788 - 111 10-03-2011 Everest Indemnity Insurance Company NAMED INSURED AUTHORIZED REPRESENTATIVE Greener Corners, LLC COVERAGE PARTS AFFECTED Commercial General Liability Coverage Part - Occurrence Form Contractors Pollution Liability Coverage Part - Occurrence Form (Excluding Mold) CHANGES In consideration of the premium paid, it is hereby agreed and understood that the policy is amended as follows; Amended to add the following form to the Commercial General Liability Coverage Part: CG 20 10 07 04 Additional Insured - Owners, Lessees, Contractors - Scheduled Person or Organization All other terms and conditions remain the same. Authorized Representative Signature 1L 12 01 1185 Copyright, Insurance Services Office, Inc., 1983 Page 1 of 1 C' Copyright, ISO Commercial Risk Services, Inc., 1983 Agent Copy Item 5. - 49 HB -126- POLICY NUMBER: EF4P001788 - 111 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s : Locations Of Covered Operations The City of Huntington Beach, its officers, elected or 2000 Maine Street, Huntington Beach CA 92648 appointed officials, employers, agents and volunteers Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 2010 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ❑ HB -127- Item 5. - 50 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGES Policy Change Number 02 POLICY NUMBER POLICY CHANGES COMPANY EFFECTIVE EF4P001788 - 111 10-03-2011 Everest Indemnity Insurance Company NAMED INSURED AUTHORIZED REPRESENTATIVE Greener Corners, LLC COVERAGE PARTS AFFECTED Commercial General Liability Coverage Part - Occurrence Form Contractors Pollution Liability Coverage Part - Occurrence Form (Excluding Mold) CHANGES In consideration of the premium paid, it is hereby agreed and understood that the policy is amended as follows: Amended to add the following form to the Commercial General Liability Coverage Part: CG 20 10 07 04 Additional Insured - Owners, Lessees, Contractors - Scheduled Person or Organization All other terms and conditions remain the same. Authorized Representative Signature IL 12 01 1185 Copyright, Insurance Services Office, Inc., 1983 Page 1 of 1 Copyright, ISO Commercial Risk Services, Inc., 1983 Insured Copy Item 5. - 51 HB -128- POLICY NUMBER: EF4P001788 - 111 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization s : Locations Of Covered Operations The City of Huntington Beach, its officers, elected or 2000 Maine Street, Huntington Beach CA 92648 appointed officials, employers, agents and volunteers Information required to complete this Schedule, If not shown above will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organlzatlon(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional Insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 2010 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ❑ HBJ 129- Item 5. - 52 DATE AR ® CERTIFICATE OF LIABILITY INSURANCE 10/17/2011YYY) 10/1712011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S). AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION is WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER PAYCHEX INSURANCE AGENCY INC 150 SAWGRASS DR ROCHESTER, NY 14620 (877) 362-6785 CONTACT NAM AIC% Ext : 877 362-6785 AJC No): 87 677-0447 E-MAIL ADDRESS: a chex Iravelers.com PRODUCER , 9418BO160 INSURER(S) AFFORDING COVERAGE NAIC If SV996 70A INSURED GREENER CORNERS LLC 301 ROUTE 17 NORTH, STE 800 RUTHERFORD, NJ 07070 INSURER A:TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA 25674 INSURER B: INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 422987501251092 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TR TYPE OF INSURANCE INSR1 WVD POLICY NUMBER POLICY EFF MM1DD POLICY EXP W MM/DD/YY LIMITS GENERAL LIABIITY COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES E oaurrerx� $ MED EXP (Any oneperson) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY JECT LOC PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ $ "UMBRELLA LAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DEDUCTIBLE RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE D OFFICERIMEMBER EXCLUDED? (Mandatory In NH) it yes, describe under SPECIAL PROVISIONS below NIA UB-7A488933-11 10/01/2011 10/01/2012 XC I TORYLIMITS I I CER E.L. EACH ACCIDENT - $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1, 000, 000 E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) GREENER CORNERS LLC 301 ROUTE 17 NORTH, STE 800 RUTHERFORD, NJ 07070 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 4,'/ � • ` �, ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD Item 5. - 53 xB -130- City Of Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 (714) 536-5227 ® www.huntingtonbeachea.gov Office of the City Clerk Joan L. Flynn, City Clerk November 14, 2011 Rainbow Disposal Bruce Shuman, President/CEO PO Box 1026 Huntington Beach, CA 92647-1027 Dear Mr. Shuman: Enclosed for your records is a copy the "Non -Exclusive Agreement and License to Install Waste Receptacles." Sincerely, v Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure: Agreement G: followup: agrmtltr Sister Cities: Anjo, Japan ® Waitakere, New Zealand City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk November 14, 2011 Aaron Klein, CEO Greener Corners, LLC 301 Route 17 North, Suite 800 Rutherford, NJ 07070 Dear Mr. Klein: Enclosed for your records is a copy the "Non -Exclusive Agreement and License to Install Waste Receptacles." Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure: Agreement &followup:agn-ndtr Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand