Settlement of California Waste Solutions, Inc. v. City of San Jose, et. al, and First Amendment to the Amended and Restated Agreement with California Waste Solutions, Inc. and GreenTeam of San José.
UtilitiesCity CouncilAgenda ReadyIntroduced 09 Jun 2026
5Documents on file
7.84 MB · 5 extracted · 5 AI summaries
Official source link unavailable.
The file was imported, but the current source metadata does not include a public document URL.
Generated summaryAI-assisted
The source text indicates this attachment appears to be a draft document.
The memorandum discusses a proposed settlement in the case of California Waste Solutions, Inc. v. City of San Jose. It recommends approving a settlement that includes a $1,000,000 payment to California Waste Solutions to fund start-up costs for a curbside battery collection service for single-family homes. The settlement aims to resolve claims made by California Waste Solutions regarding breaches of contract and other allegations. The City of San Jose denies the allegations but seeks to eliminate litigation risks through this settlement.
Key points
The settlement involves a payment of $1,000,000 to California Waste Solutions for start-up costs.
The settlement includes the addition of a curbside battery collection service for single-family homes.
California Waste Solutions alleged breaches of contract and other claims against the City.
The City denied the allegations and successfully obtained summary judgment on some claims.
The settlement will fully resolve the lawsuit and eliminate litigation risks.
Limitations
The text contains unresolved placeholders such as the name of the settlement agreement and specific details about the monthly compensation.
The document appears to be a draft as indicated by the formatting and incomplete sections.
Generated for convenience from extracted text using AI. Review the official source document before relying on this summary.
Extracted text preview · 4,659 chars
COUNCIL AGENDA: ITEM: TO: HONORABLE MAYOR AND CITY COUNCIL SUBJECT: CALIFORNIA WASTE SOLUTIONS, INC. v. CITY OF SAN JOSE SETTLEMENT 6/23/26 2.12(a) FROM: SUSANA ALCALA WOOD, City Attorney DATE: June 3, 2026 RECOMMENDATION Approve a settlement in the case of California Waste Solutions, Inc. v. City of San Jose, et. al., U.S. Dist. Ct., N.D. Cal., Case No. 23-cv-01647-MMC and authorize the City Attorney to execute a Settlement Agreement with California , providing start-up costs in the amount of $1,000,000.00 to add a curbside battery collection service to the current recycling service for single-family homes serviced by CWS, as well as monthly compensation per household per month, as set forth in the proposed amendment. OUTCOME The City of San José ( will pay $1,000,000.00 to CWS to fund start-up costs to add a curbside battery collection service to single-family homes serviced by CWS, pursuant to an amendment to contract with the City. The contract amendment will resolve the lawsuit with a settlement agreement providing mutual releases. The parties will bear their own litigation costs and A condition of the settlement includes a requirement that residential recycling contractor,...
Official source link unavailable.
The file was imported, but the current source metadata does not include a public document URL.
Generated summaryAI-assisted
The source text indicates this attachment appears to be a draft document.
This memorandum discusses the proposed settlement of a lawsuit filed by California Waste Solutions, Inc. against the City of San José and the addition of curbside battery collection services for single-family dwellings. The City Manager is recommended to negotiate and execute amendments to agreements with California Waste Solutions, Inc. and GreenTeam of San José to implement this service. The amendments include one-time payments for start-up costs and ongoing compensation based on participation rates. The program aims to enhance recycling services and provide a safe disposal method for used batteries, with a minimum duration of five years.
Key points
The memorandum is addressed to the Mayor and City Council regarding a settlement and service enhancement.
It proposes adding curbside battery collection services for single-family dwellings in San José.
California Waste Solutions, Inc. and GreenTeam of San José will amend their agreements to include this service.
One-time payments of $1,000,000 and $250,000 will be made to California Waste Solutions, Inc. and GreenTeam of San José, respectively, for start-up costs.
The program is expected to commence upon execution of the amendments and last for a minimum of five years.
The estimated Year 1 cost for the program is $3.29 million, which includes start-up and ongoing costs.
Public outreach will be conducted to raise awareness about the new service.
Limitations
The text contains unresolved placeholders and blank fields that affect the completeness of the summary.
Specific details regarding the lawsuit's resolution and additional terms of the agreements are not provided.
Generated for convenience from extracted text using AI. Review the official source document before relying on this summary.
Extracted text preview · 12,427 chars
COUNCIL AGENDA: FILE: ITEM: TO: HONORABLE MAYOR AND CITY COUNCIL SUBJECT: See Below Approved 6/23/26 26-750 2.12 (b) FROM: Jeffrey Provenzano DATE: June 10, 2026 Date: 6/11/26 COUNCIL DISTRICT: Citywide SUBJECT: Settlement of California Waste Solutions, Inc. v. City of San José, et. Al, and First Amendment to the Amended and Restated Agreement with California Waste Solutions, Inc. and with GreenTeam of San José RECOMMENDATION Adopt a resolution authorizing the City Manager, or her designee, to negotiate and execute: (1) A First Amendment to the Amended and Restated Agreement with California Waste Solutions, Inc. for Recycle Plus Single-Family Dwelling Recycling Collection Services to add curbside battery collection service for single family dwellings with a one-time payment of $1,000,000 for start-up costs and monthly maximum compensation based on annual average weekly participate rates for a term commencing upon execution of the First Amendment with a minimum duration of five years and terminating on June 30, 2036, subject to an option to terminate by California Waste Solutions, Inc. after five years and upon satisfaction of other conditions set forth in the First Amendment;...
Official source link unavailable.
The file was imported, but the current source metadata does not include a public document URL.
Generated summaryAI-assisted
The source text indicates this attachment appears to be a draft document.
This document is a draft Settlement Agreement and Release between California Waste Solutions, Inc. and the City of San Jose, aimed at resolving a lawsuit related to previous agreements for recycling services. The Settlement Agreement outlines the scope of the settlement, including the release of claims related to both the 2011 and 2021 agreements. It includes provisions for a one-time payment to California Waste Solutions and the amendment of the 2021 Agreement, contingent upon the approval of related contracts. The Parties agree to bear their own attorney's fees and costs. The document emphasizes that no admission of liability is made by the City.
Key points
Settlement Agreement between California Waste Solutions, Inc. and the City of San Jose.
Aims to resolve a lawsuit filed on January 6, 2023, related to recycling services agreements.
Includes a one-time payment of $1.0 million for program start-up costs.
Amendment to the 2021 Agreement is contingent upon City Council approval.
Parties mutually release all claims related to the 2011 and 2021 agreements.
No admission of liability by the City is made in this Settlement Agreement.
Limitations
The document is a draft and may not reflect final terms.
Specific dates for certain actions and approvals are not provided.
Details regarding Exhibit A and the full terms of the Amendment are not included.
Generated for convenience from extracted text using AI. Review the official source document before relying on this summary.
Extracted text preview · 136,899 chars
SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release (“Settlement Agreement”) is made by and between California Waste Solutions, Inc. (hereafter “Plaintiff”), and the City of San Jose (hereafter “CITY”). “Parties,” when referenced herein, includes Plaintiff and CITY collectively. WHEREAS, in 2011, the Parties entered into an agreement for Plaintiff to provide curbside residential hauling and processing of recyclable materials entitled “Agreement Between the City of San Jose and California Waste Solutions, Inc. for Recycle Plus SFD Recycling Collection Services” (the “2011 Agreement”); WHEREAS, the Parties entered into another agreement at the conclusion of the 2011 Agreement entitled “Amended and Restated Agreement Between the City of San Jose and California Waste Solutions, Inc. for Recycle Plus SFD Recycling Collection Services” for the period July 1, 2021 – June 30, 2036 (the “2021 Agreement”); WHEREAS, Plaintiff filed a lawsuit on January 6, 2023 entitled California Waste Solutions, Inc. v. City of San Jose, et al. in the Superior Court for the State of California, County of Santa Clara, case number 23CV409641, (hereafter the “Action”), arising solely from...
Official source link unavailable.
The file was imported, but the current source metadata does not include a public document URL.
Generated summaryAI-assisted
The source text indicates this attachment appears to be a draft document.
This document is a draft of the First Amendment to the Amended and Restated Agreement between the City of San José and California Waste Solutions, Inc. for Recycle Plus SFD Recycling Collection Services. It outlines the addition of a curbside battery collection service to the existing agreement, which is set to commence in 2026 and run through June 30, 2036. The amendment includes definitions related to battery collection, service terms, and conditions for collection and disposal of covered batteries.
Key points
The amendment adds a curbside battery collection service for single-family dwellings.
The service will commence in 2026 and last until June 30, 2036.
The contractor can terminate the battery collection service after five years with proper notice.
Definitions related to hazardous waste and non-program materials are updated.
The contractor must segregate collected batteries until required data is recorded.
Limitations
The document contains unresolved placeholders for specific dates related to the commencement of services and termination notices.
The amendment is labeled as a draft, indicating it may not be finalized.
Generated for convenience from extracted text using AI. Review the official source document before relying on this summary.
Extracted text preview · 124,643 chars
SAW:RBT 4/30/26 FIRST AMENDMENT TO THE AMENDED AND RESTATED AGREEMENT BETWEEN THE CITY OF SAN JOSE AND CALIFORNIA WASTE SOLUTIONS, INC. FOR RECYCLE PLUS SFD RECYLCING COLLECTION SERVICES This First Amendment to the Amended and Restated Agreement Between the City of San José, a municipal corporation of the State of California (“CITY”) and California Waste Solutions, Inc. (“CONTRACTOR”) (collectively the “Parties”) for Recycle Plus SFD Recycling Collection Services, dated June 16, 2021, (“FIRST AMENDMENT”) is made and entered into on the date that it is fully executed by the Parties. RECITALS WHEREAS, CONTRACTOR filed a lawsuit against the CITY on January 6, 2023, entitled California Waste Solutions, Inc. v. City of San Jose, et al. in the Superior Court for the State of California, County of Santa Clara, Case number 23CV409641, which was removed to the United States District Court for Northern California, Case number 23-cv-01647-MMC (hereafter the “Action”); WHEREAS, the Action arises solely from the previous agreement between the CITY and CONTRACTOR for Recycle Plus SFD Recycling Collection Services, which had a term from July 1, 2010 through June 30, 2021; WHEREAS, on , the...
Official source link unavailable.
The file was imported, but the current source metadata does not include a public document URL.
Generated summaryAI-assisted
The source text indicates this attachment appears to be a draft document.
This document is a First Amendment to the Amended and Restated Agreement between the City of San José and Waste Connections of California, Inc. D/B/A GreenTeam of San José for Solid Waste Services. The amendment aims to add a curbside battery collection service for single-family dwellings, following a settlement agreement related to a lawsuit involving another waste hauler. The amendment outlines definitions, terms, and conditions for the new service, which will commence in 2026 and run until 2036, with options for termination under specific conditions.
Key points
The amendment is between the City of San José and Waste Connections of California, Inc. D/B/A GreenTeam of San José.
It adds a curbside battery collection service for single-family dwellings.
The service is a response to a lawsuit involving California Waste Solutions, Inc.
The amendment includes definitions for 'Covered Batteries' and 'SFD Battery Collection Service.'
The service will commence in 2026 and will last until June 30, 2036, with options for termination.
Limitations
The document contains unresolved placeholders for specific dates.
The document appears to be a draft, as indicated by the repeated mention of contacting the City Clerk for the final document.
Generated for convenience from extracted text using AI. Review the official source document before relying on this summary.
Extracted text preview · 66,685 chars
SAW:RBT 5/22/26 FIRST AMENDMENT TO THE AMENDED AND RESTATED AGREEMENT BETWEEN THE CITY OF SAN JOSE AND WASTE CONNECTIONS OF CALIFORNIA, INC. D/B/A GREENTEAM OF SAN JOSE FOR SOLID WASTE SERVICES This First Amendment to the Amended and Restated Agreement Between the City of San José, a municipal corporation of the State of California (“CITY”) and Waste Connections of California, Inc. D/B/A GreenTeam of San Jose (“CONTRACTOR” or “GreenTeam”) (collectively the “Parties”) for Solid Waste Services, dated June 30, 2021, (“FIRST AMENDMENT”) is made and entered into on the date that it is fully executed by the Parties. WHEREAS, one of the CITY’s exclusive solid waste haulers, California Waste Solutions, Inc., (CWS) filed a lawsuit against CITY on January 6, 2023 entitled California Waste Solutions, Inc. v. City of San Jose, et al. in the Superior Court for the State of California, County of Santa Clara, Case number 23CV409641, which was removed to the United States District Court for Northern California, Case number 23-cv-01647-MMC (hereafter the “Action”); WHEREAS, the Action arises solely from the previous agreement between the CITY and CWS for Recycle Plus SFD Recycling Collection...