HomeMy WebLinkAboutBurrtec Waste Industries, Inc.-2007-14 GTc-2L i - i4
in ROI ANNUM(ITV
GRAND TERRACE
CALIFORNIA
August 24, 2007
22795 Barton Road
Grand Terrace
California
92313-5295
Burrtec Waste Industries, Inc.
9890 Cherry Avenue
Civic Center Fontana, CA 92335
(909)824-6621
Fax(909)783-7629
Fax (909)783-2600
The Grand Terrace City Council, at their meeting on August 14,2007, approved
an Agreement between the City of Grand Terrace and Burrtec Waste Industries,
Magmm Fern Inc. of California for the provision of Integrated Waste Management Services.
Mayor
Enclosed you will find a copy of the Agreement which has been signed. Please
Lee Arm Garcia execute the agreement and return to our office at your earliest convenience.
Mayor Pro Tempore
If you have any questions please contact our office.
Council Members
Bea Cones Sincerely,
Jim T. Miller
Dan Buchanan •
Thomas J.Schwab Brenda Mesa
City Manager City Clerk
Enclosure
cc: Steve Berry, Assistant City Manager
AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND
BURTECC WASTE INDUSTRIES, INC. OF CALIFORNIA, INC. FOR THE
PROVISION
OF INTEGRATED WASTE MANAGEMENT SERVICES
This Franchise Agreement ("Franchise Agreement") is entered into this 1" day of July,
2007 by and between the CITY OF GRAND TERRACE ("City") and BURRTEC WASTE
INDUSTRIES, INC., (Contractor) for Integrated Waste Management Services.
RECITALS
WHEREAS, the Legislature of the State of California, by enactment of the California
Integrated Waste Management Act of 1989 ("AB 939"), has declared that it is within the public
interest to authorize and require local agencies to make adequate provisions for solid waste and
construction debris handling within their jurisdictions; and
WHEREAS, Pursuant to California Public Resources Code Section 40059 (a)(1), the
City Council of the City of Grand Terrace ("City") has determined that the public health, safety,
and well-being require that an exclusive franchise be awarded to a qualified enterprise for the
collection, transportation, recycling, composting, and disposal of solid waste from commercial,
residential and industrial premises in the City of Grand Terrace; and
WHEREAS, the City Council of the City of Grand Terrace declares its intention of
maintaining reasonable rates for the collection, transportation, recycling, composting, and
disposal of solid waste and construction debris and for providing temporary bin/roll off services
to commercial, industrial and residential properties within City Limits;
WHEREAS, in March, 1998, the City granted an exclusive franchise for integrated waste
management services to USA Waste of California, Inc., ("USA Waste") and amended the
Franchise Agreement in April,2002 (the "Franchise Agreement"); and
WHEREAS, USA Waste has determined to transfer its interest in the Franchise
Agreement to Burrtec Waste Industries, Inc. ("Burrtec") and has requested that the City approve
said transfer pursuant to the requirements of the Franchise Agreement; and
WHEREAS, on June 12, 2007, the City Council adopted a resolution granting the
transfer of the Franchise Agreement; and
WHEREAS, it is deemed in the interest of the City and Burrtec to amend the Franchise
Agreement to reflect the transfer and the current rate structure.
NOW, THEREFORE,THE PARTIES AGREE AS FOLLOWS:
SECTION 1. GRANT OF EXCLUSIVE FRANCHISE.
t
This Franchise Agreement grants an exclusive franchise as provided herein and pursuant
to Ordinance No. 162, of the City of Grand Terrace and Califorina Public Resources Code
Section 40059 (a)(1)to Burrtec Waste Industries, Inc. for the collection, transportation, recycling,
composting and disposal of solid waste, recyclable solid waste, and constructio debris and for
providing temporary bin roll off services for all commercial and industrial and residential
premises within the City of Grand Terrace. City reserves the right to amned Ordinance No. 162
and the terms of the Agreement in any manner necessary for the safety and welfare of the public
or to protect the public interests. This Franchise Agreement shall be in force and effect beginning
July 1, 2007 within the corporate limits of the City as they now or may hereafter exist, as shown
in Exhibit "A", Franchise Area.
SECTION 2. DEFINITIONS
Whever any term used in this Franchise Agreement has been defined by Ordinance No.
162, of the City of Grand Terrace or California Public Resources Code, the defintions in the City
Ordinance or Public Resources Code shall apply unless the term is otherwise defined in this
Agreement.
A. AB 939 - "AB 939" shall mean the California Integrated Waste Management Act of 1989, as
it may be amended from time to time.
B. Bins or Commerical Bins - "Bins" shall mean those container provided by Grantee for
commercial, industrial and multi-family residental uses. Bins are of two type: (1) Bins usually 3
cubic yards in size) which are picked up by refuse trucks by means of front loading apparatus;
and (II) Roll-off Bins (usually 40 cubic yards in size) which are picked up by trucks using rear
loading winches onto rails.
C. Bulky Goods - means large and small household appliances, furniture, carpets, mattres s,
white goods, oversized yard waste such as tree trunks and large branches if no larger than two
feet (2) in diameter and four feet (4) in length and similar large,items discarded from residential
service recipients.
D. Commercial Premises - means all premises in the City other than residential premises. The
term "Commercial Premises" includes, but is not limited to, stores; offices; federal, state, county
and local governmental facilities, including, but not limited to schools, school district offices,
special districts and water districts, restaurants, rooming houses, hotels, motels, manufacturing,
processing, or assembly shops or plants, hospitals; clinics; and convalescent centers and nursing
homes (non-medical waste only) but does not include Single Family premises.
E. Commercial Solid Waste - means all types of solid waste, including Green Waste and
Recyclable Solid Waste, but no hazardous waste or medical waste generated or accumulated at
Commercial premises. "Commercial Solid Wastes" does not include Resident Solid Waste from
Single Family Residences.
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F. Compostables - "Compostables" shall mean chipped or bulk tree brush and/or grass
trimmings, plant and tree clippings; Christmas trees, leaves and other discarded green waste from
parks, yards, gardens, City facilities, residential curbside collection programs in the City, and any
vegetated areas and other mutually acceptable organic bulking agents generated and collected
from within the geographical boundaries of the City.
G. Curbside - "Curbside" means a location for placement of refuse containers that provides for
convenient and efficient access by collection equipment.
H. City Limits - "City Limits" means the boundaries of the City together with all amendments
and changes thereto, which boundaries are shown by maps incorporated herein by reference and
which are on file in the office of the City Clerk of the City Council.
I. Contractor - "Contractor" means Burrtec Waste Industries, Inc., the entity granted the
Franchise, pursuant to this Franchise Agreement.
J. Construction and Demolition Waste - means discarded building materials, recyclable
construction and demolition materials, wood, packaging, plaster, rock or brick, drywall, cement
and rubble resulting from construction, remodeling, repair and demolition operations.
"Construction and Demolition Waste" does not include asbestos-containing materials or asbestos
waste.
K. Franchise- means the exclusive right and privilege granted by this Agreement.
L. Franchise Fee - means the fee or assessment imposed by the City on Contractor because of its
status as party to this Agreement and which is intended to offset the City's expense in
administering this franchise and to compensate City for damage to its streets, sidewalks, curbs
and gutters and other infrastructure resulting from Contractor's exercise of this Franchise, the
expenses of administering the program for the Residential Solid Waste stream, reporting
requirements under the Act and other related expenses.
M. Green Waste or Yard Waste - means leaves, grass, clippings, brush an branches generated
from landscapes or gardens at Residential Premises, and incidental pieces of scrap lumber no
longer than twenty-four inches (24"), separated from other Residential Solid Waste. "Green
Waste" includes Holiday Trees but does not include stumps or branches exceeding four inches
(4") in diameter or four feet(4) in length.
N. Green Waste Containers - means containers provided by Contractor or service recipients for
the temporary accumulation of Green Waste.
O. Hazardous Waste - means any substance, waste or mixture of wastes defined as a
"Hazardous Substance" or "Hazardous Waste" pursuant to the Resource Conservation and
Recovery Act ("RCRA"), the Comprehensive Environmental Response Compensation and
Liability ("CERCL"), 42 U.S.C. §§ 9601 et seq., and all future amendments to either of them, or
as defined by regulations promulgated by the State of California. Where there is a conflict in the
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definitions employed by two or more agencies having jurisdiction over hazardous or solid waste,
the term "Hazardous Waste" shall be construed to have the broader, more encompassing
definition.
P. Multi-Family Bins — means intended to be utilized for the temporary accumulation and
collection of Residential Solid Waste for Multi-Family Units.
Q. Multi-Family Premises - means residential units such as apartments, condominiums and
townhouses, other than Single Family dwellings, which utilize Multi-Family Bins, as defined in
this Agreement, and not cans or carts, for the temporary accumulation and collection of
Residential Solid Waste. "Multi-Family Units" are covered by this Agreement.
R. Recycable Material - means a commodity which is sold for compensation, or given away, but
which is not discarded into the residential waste stream. A Recycable Material, which is
discarded into the residential waste stream, loses its character as a Recycable Material and
becomes Residential Solid Waste subject to this Agreement.
S. Recycables - "Recycables" shall mean products or substances, including but not limited to
paper, cardboard, metal, glass, grass clippings, garden waste, vegetable matter, or other
substances capable of being re-processed or reused, which have passed through their originally
intended usage and which have been discarded or placed for collection by their owner in
accordance with the methods prescribed by this Agreement, whether or not such products have
monetary value.
T. Recycled - means the act of having processed Recyclable Solid Waste into a form suitable for
reuse and having marketed those processed - materials for a use consistent with the requirements
of AB 939. The act of marketing does not require that revenue be generated from the processed
materials.
U. Recycables - "Recycables" shall mean products or substances, including but not limited to
paper, cardboard, metal, glass, grass clippings, garden waste; vegetable matter, or other
substances capable of being re-processed or reused, which have passed through their originally
intended usage and which have been discarded or placed for collection by their owner in
accordance with the methods prescribed by this Agreement, whether or not such products have
monetary value.
V. Residential- Residential includes single family residences, multi-family residences, including
apartments and condominiums,but does not include hotels or motels.
W. Recycling Container— means any container for the temporary accumulation and collection
of source-separated Recycable Solid Wastes delivered by Contractor to Residential premises
covered by this Agreement. Recycling Containers provided by Contractor shall be described in
Contractor's Proposal. Contractor shall obtain ownership of all Recycling Containers, which it
delivers to residential service recipients.
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X. Residential Premises or Single Family Dwelling or Single Family Unit - generally means a
detached building, or each unit of multi-family dwelling, with kitchen facilities, which utilizes
one or more carts or cans, but not a Mufti-family Bin, for the temporary accumulation and
collection of Residential Solid Waste.
Y. Residential Solid Waste - means all types of solid waste, including any household products
with the characteristics of Hazardous Waste which may be found to have been placed in the
residential solid waste stream, including Green Waste and Recyclable Solid Waste placed for
collection by service recipients, which originates from Single Family Units located within the
City and which is to be collected pursuant to this Agreement: "Residential Solid Waste" does not
include Commercial Solid Waste generated or accumulated at hotels, motels, nursing homes or
convalescent centers, barracks, dormitories or other similar places or institutions, or the waste
stream which is collected through the use of Mufti-family Bins.
Z. Solid Waste. "Solid Waste" shall mean all waste that is acceptable for disposal in a Class III
Landfill and it shall not include Special Waste as defined herein and/or waste designated for
Class I or Class II Landfills.
AA. Special Wastes. "Special Wastes" shall mean all the items and materials which are set forth
in Exhibit "B", "Special Wastes."
SECTION 3. ACCEPTANCE/WAIVER.
Contractor agrees to be bound by and comply with all the requirements of Ordinance No.
162 and this Franchise Agreement. Contractor waives Contractor's right to challenge the
terms of this Franchise Agreement and Ordinance No. 162, under Federal, State or local
law, or administrative regulation, as such laws and regulations exist as of the date of
execution of this Agreement. Contractor waives any right or claim to serve the City or
any part of the City under any prior grant of franchise, contract, license, or permit issued
or granted by any governmental entity including any right under Section 49520 of the
Public Resources Code.
SECTION 4. FRANCHISE AREA.
The Franchise Area granted by this Franchise Agreement shall be all commercial,
industrial and residential premises located within the corporate boundaries of the City of
Grand Terrace, as they now or may hereafter exist.
SECTION 5. SERVICES PROVIDED BY CONTRACTOR.
A. Single Family Residential
Contractor shall provide services using a completely 100% mechanized residential container
system for refuse, commingled recyclables and green waste. Mechanized shall mean that
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Contractor shall provide collector trucks that are capable of picking up containers, emptying
them into collector trucks and then returning them to the curbside.
Parameters of this service shall include:
(1) Weekly Service: Once each week, Contractor shall collect the solid waste,
recyclables and compostables (except bulky items and household
hazardous waste) which have been placed, kept, or accumulated in
containers at single family residences within the Franchise Area and
placed at curbside prior to Contractor's normal weekly collection time. All
solid waste, compostables and recycables must be placed within containers
at curbside, without obstructions, so as to permit collection. City agrees to
use its best efforts to enforce parking and other ordinances so, as to
facilitate this curbside collection system. Contractor may negotiate special
pickup procedures above and beyond the normal services described above
with customers for an additional fee in an amount provided in the
approved rate structure.
(2) Green Waste Collection: Contractor agrees to collection and recycling of
green waste material, to be collected in a separate container. This shall be
done in a process mutually agreeable to both the City and Contractor.
Recycling Contractor will collect recyclables weekly with an automated
cart system.
B. Multi-Family Residential. Contractor shall provide solid waste, compostables and
recyclables collection services to all multi-family units, excluding those premises indicated in
Exhibit "E" of this Agreement. Parameters of the service shall include collection and recycling
programs as follows:
4. Multi-Family Weekly Service. Not less than once per week, and more
frequently if required, to handle the waste stream of the premises where
the bins are located. Contractor shall collect the solid waste (including
bulky items which have been placed in a closed bin), compostables and
recycables (except household hazardous waste) which have been placed
for collection in solid waste or recycling bins.
(2) Bulky Item and Household Hazardous Waste Services.
C. Commercial and Industrial Weekly Service. Not less often than once per week, and more
frequently if required to handle the waste stream of the premises where the bins are located,
Grantee shall collect the solid waste, compostables, and recyclables which have been placed for
collection in solid waste or recycling bins.
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(]) Construction and Temporary Bin/Roll-off Services. Grantee shall provide
construction and temporary bin/roll-off services using rates reflected in Exhibit "E, as
those rates may be amended by resolution of the City Council.
C. Additional Services
(1) Community Service Collection. Contractor shall provide roll-off
containers to any non-profit group, e.g. Boy Scouts, Girl's, Club, churches,
soccer, little league, etc., free of charge for the express purpose of the
group collecting recyclable materials. Contractor shall remit all revenues
received to the group less the Contractor's transportation cost.
(2) Community Cleanup. Contractor shall perform and operate semi-annual
City cleanup days, free of charge. This program shall not be required to
include commercial solid waste. Contractor shall provide an adequate
number of bins based upon recent experience. Bin transportation shall be
provided free of charge. The Contractor may schedule the semi-annual
City cleanup days to coincide with the County of San Bernardino's free
dump days. If the County's free dump day program is discontinued, and no
other alternative exists for having landfill tipping fees waived, the
Contractor shall pay all landfill fees for each load hauled during semi-
annual City cleanup days.
In addition to the service requirements of this Section, the contractor shall
provide one annual on-call residential cleanup at each residence, which
shall also be free of charge for all single family residential units within the
City Limits. The contractor shall collect all bulky waste that has been
placed curbside on the regular scheduled collection day. This service shall
be advertised so that the resident will telephone the Contractor at least 48
hours prior to the requested pick-up day to arrange for the service.
(3) Construction and Temporary Bin/Roll-off Services. Contractor shall
provide construction and temporary bin/roll-off services using rates
reflected in the approved rate structure, as those rates may be amended by
resolution of the City Council.
(4) Rental Bin Services. Contractor shall provide three cubic yard Bins for use
by households and dwelling units for the purpose of temporary cleanups.
This service shall be provided at an additional cost to the customer
requesting such services. Items deemed not acceptable for this program
include any dead animal, dirt, earth, Hazardous Waste or Biohazardous
Waste. In addition, construction or industrial waste materials such as
plaster, lumber; brick, tile, or fixtures, resulting from building
construction, alterations, or manufacturing processes shall not be
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acceptable under this program. All refuse placed in the containers must fit
into the container, and not exceed the dimensions of the container.
(5) Overflowing Bins. Contractor shall clean out any overflowing bins or
enclosures within twenty-four(24) hours of notification by City.
Contractor shall work with the City Manager or designee in identifying
continual problems in customer bins or enclosures:
(6) Christmas Tree Pickup. Contractor shall pick up, curbside, all Christmas
trees no later than January 7 of each year. The trees shall be diverted from
the landfill, either by deposit at a composting facility, a tree farm or
nursery, or a grinding operation.
(7) Refuse Collection and Recycling Sites. Contractor, at City's sole option,
shall provide refuse collection and recycling to the following locations
within the Franchise Area, at no charge to City or the entities listed:
City Fire Stations
City Hall, City Public Buildings, Public Works Yard
and City Parks.
(8) Containers for Use of City Public Works Department. Upon request
Contractor agrees to provide 30 cubic yard Containers to the City for use
in public land cleanups and local maintenance at no additional cost to the
City as agreed. These Containers will be serviced on an as-needed basis,
and care will be exercised to minimize disposal costs and maximize
recycling: To that end, separate container(s) will be dedicated to the
collection of green waste, and every effort will be made to divert this
material from disposal.
(9) Contractor shall provide temporary bin/roll-off services to customers for
numerous items from annual cleanups, moving, extensive yard work,
minor construction projects, etc. according to the rate schedule in the
approved rate structure as that rate may be amended by the City Council.
Bulky item pickups shall be charged an additional fee in an amount
provided in the approved rate structure as that fee may be amended by
resolution of the City Council.
(10) Recycling Program. The Contractor shall provide recycling services in the
Franchise Area in accordance with the following terms:
Recycling Programs. Service Commencement, AB939 Topics Facility and Revenue
Considerations (Through both the collection of Recycable Solid Waste and the Sale
or donation of Recycable Materials)
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1) Contractor warrants and guarantees that the City shall comply with requirements of AB939 in
that it shall cause at least twenty-five percent (25%) at the time specified by AB939 and
subsequently fifty-percent (50%) of the waste stream collected under this Franchise
Agreement to be diverted from ultimate deposit in landfills in accordance with the regulations
implementing the California Integrated Waste Management Act of 1989 (as amended - also
known as AB939). Contractor shall implement alternatives identified in the City's Source
Reduction and Recycling Element (SRRE) and Household Hazardous Wastes Element
(HHWE). Contractor shall be responsible to implement the public education and awareness
portions of the SRRE and HHWE, at Contractor's expense. Contractor shall provide City with
written reports in a form adequate to meet City's reporting requirement to the California
Integrated Waste Management Board and to the County of San Bernardino throughout the
term of this Franchise wherein its performance under this program is set forth in detail. In the
event that City does not comply with the requirements of AB939 or its successor legislation,
resulting in any fine, assessment, administrative order or any other cost being assessed against
the City, contractor expresses, agrees to indemnify, hold harmless and defend the City against
any such proposed assessment.
2) Recycling Containers. Contractor shall provide one(1)Recycling Container for commingled
Recyclable Solid Waste for each household having residential Refuse (can) service in the
program. The Recycling Containers shall have a minimum capacity of 96 gallons: The type,
color and design of the Recycling Containers are subject to City Approval.
3) The Contractor shall distribute the Recycling Containers and shall maintain records indicating
which properties have received Recycling Containers. Contractor shall be responsible for the
placement of lost or damaged recycling containers at no cost to the City or the resident.
4) Contractor shall maintain an adequate stock of Recycling Containers to immediately replace
lost, stolen, or damaged Recycling Containers.
5) Collection Schedule. Collection of Recyclable Material shall be performed on the same day
that regular Refuse is collected. Residential accounts for single family and multi-family
dwellings having residential refuse (can) service shall receive recyclable material collection not
less than weekly.
6) Recyclable Materials to be Collected. The following Recyclable Materials shall be collected in
the residential recycling collection program:
* Newspaper . . " HDPE/PETE Colored &Clear Plastic
* Mixed Paper Qunk mail/magazines)
* Chipboard, Cardboard and Phone Books
* Rigid Containers, defined as aluminum Cans, HDPE and Pet Plastics, w All Colors of
* Glass Containers and Bi-Metal Cans.
Recycled items listed may be amended by approval of the City Manager.
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7) Revenue from Recycling. Contractor agrees to a division of revenue received from recycled
materials with the City receiving 80% of net revenue per ton and Contractor receiving 20%of net
revenue per ton. Net revenue will be determined by two, mutually agreed upon local processing
fees per ton. Contractor agrees to pay City not less than$500.00 per month.
SECTION 6.
A. Developments in Methods and Technologies for Refuse and Recyclable Materials
Collection.
Contractor and the City acknowledge the dynamic nature of science and technology and therefore
agree to cooperate in the best interests of the City in efforts to research and develop Recycled
Solid Waste, Refuse and other pilot programs during the term of this Agreement. In addition,
Contractor shall meet with the City on an annual basis during the second calendar quarter of each
year to discuss scientific, technological and economic developments and advancements in the
field of Refuse and Recyclable Materials management, and, if any are reasonably available, to
suggest changes to the methods currently utilized by the City or to suggest the implementation of
pilot programs.
B. Household Hazardous Waste
(1). Mobile Household Hazardous Waste Collection Program.
At least annually, the Contractor will participate with the County of San Bernardino in a
Mobile Household Hazardous Waste Collection Program designed to collect not only
non-permit required household hazardous wastes, but also permit required household
hazardous wastes, e.g., pesticides, herbicides, oil base paint, etc. These County and
Contractor roundups should be coordinated in an effort to provide all residential non-
permit required and permit-required roundups annually. If the Household Hazardous
Waste Program is discontinued or modified by San Bernardino County, the Contractor
may be required, at City's request, to operate a similar program under terms and
conditions negotiated with the City, by amendment to the approved rate structure. If the
County landfill tipping fee is modified to eliminate Household Hazardous Waste services,
the City may require the Contractor to pay fees which may be passed through to the
customer.
(2). Motor Oil Program.
The Contractor shall pick up, on a weekly basis, used motor oil from residences and
multi-family units, upon request from the households, in quantities not to exceed two
gallons per household per request. The contractor may refuse to accept any oil which has
not been placed in an appropriate container, as mutually agreed upon by the City and
Contractor. The Contractor agrees to have any oil collected under this section disposed
of/recycled in accordance with all pertinent federal, state and local laws and regulations.
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(3). Special Wastes.
Contractor may, but is not required to, provide such collection, transportation and
disposal services for special wastes. Contractor may provide such services for special
wastes if contracted to do so by customers under separate written contracts negotiated
between Contractor and the customer generating such special wastes. A schedule of fees
for these special waste services shall be approved by the City Manager.
(4). Household Hazardous Waste Fee.
Contractor shall be responsible for collection and remittance to the City, a .20 cent per
residence charge for household hazardous waste services.
4. COMMUNITY EDUCATION
Promotional Efforts.
Publicity and promotional efforts are of the utmost importance to achieve acceptable
participation levels for Refuse and Recycling in the City. The Contractor, working in
close contact with the City, shall be responsible for providing promotional information
for the program.
Promotional efforts include media advertising, education, contests and community
involvement programs to encourage participation by individual volunteers, commercial
enterprises and community groups (e.g. parent teacher associations, schools and civic,
youth and sporting organizations). All promotional material, programs, contests and
efforts must be reviewed and approved by the City prior to public presentation or
distribution.
SECTION 7. REIMBURSEMENT OF CITY EXPENSES.
1. The Grantee shall, within thirty (30) days after receipt from the City of a written
itemization, reimburse the City for its reasonable costs of granting this Franchise
Agreement to the extent not recovered by prepaid application fees; in an amount
not to exceed Five Thousand Dollars ($5,000.00).
2. Cash Bond. Contemporaneously with the execution of this Franchise Agreement,
the Contractor shall deposit a cash bond in the sum of one twelfth of the estimated
annual franchise fee, adjusted annually, in an interest bearing account for the
benefit of the City. The cash bond shall be on terms acceptable to the City
Attorney. The cash bond shall serve as partial security for the faithful performance
by Contractor of all provisions and obligations of this Franchise Agreement.
(1) After thirty (30) days following Contractor's failure to pay the City an
amount owing under this Franchise Agreement, the cash bond may be
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assessed by the City upon five (5) days prior written notice to the
Contractor for purposes including; but not limited to:
(a) Failure of Contractor to pay the City sums due under the terms of
the Franchise Agreement.
(b) Reimbursement of costs borne by the City to correct Franchise
Agreement violations not corrected by Contractor, after due notice.
(c) Monetary remedies or damages assessed against Contractor due to
breach of the Franchise Agreement.
SECTION 8. FRANCHISE TERM.
The Franchise term expires on June 30, 2008. Twenty-four months prior to this date, the
Contractor may request the City to consider an extension of this initial term.
SECTION 9. FRANCHISE TRANSFERABLE: CITY CONSENT REQUIRED
A. It is the expressed intent of the Parties to this Franchise Agreement that the rights and
privileges granted by this Franchise Agreement shall not be transferred, sold,
hypothecated, leased, assigned, nor shall any of the rights or privileges herein be
hypothecated, leased, assigned, sold or transferred, either in whole or in part, nor shall
title thereto, either legal or equitable, or any right, interest, or property therein, pass to or
vest in any person, except the Contractor, either by act of the Contractor or by operation
of law, nor shall any change in control occur, without the prior written consent of City,
expressed by resolution. It is further understood and agreed that the City's consent to any
of the above actions or transactions may be withheld for any reason, with or without
cause, and that upon the occurrence of any of the above events, without consent of City,
City shall have the absolute right to terminate the Franchise Agreement without notice.
Any transfer in the franchise will require contractor to pay the City a transfer fee of FIVE
HUNDRED THOUSAND DOLLARS ($500,000.00).
B. In addition to the rights provided City with respect to terminating the Franchise
Agreement, should Contractor take any of the actions provided in Subsection A herein
prior to obtaining written consent of City, all of the profits or twenty-five percent (25%)
of the Gross Operator Receipts, from the date of the unauthorized action until the date
City receives notice of the unauthorized action, whichever is greater, shall be returned to
the City.
C. City Consent, is required for any change in control of Contractor. "Change in Control"
shall mean any sale, transfer, or acquisition of Contractor. Contractor is a corporation,
and any acquisition of more than twenty-five percent(25%) of Contractor's voting stock
by any person, or groups of persons acting in concert, who already own less than fifty
percent (50%) of the voting stock shall be deemed a change in control. Provided,
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however,that the transfer of stock of the Contractor to another refuse company shall not
be deemed a change in control.
SECTION 10. FRANCHISE FEE.
1. Beginning July 1, 2007 Contractor shall pay City a Franchise Fee of 15% of gross
revenues for all Commercial and Industrial business. Beginning June 1, 1998 Contractor
shall pay a Franchise Fee of 12.5% of gross revenues for Residential business, minus the
Household Hazardous Waste fee. The Franchise Fee for Residential business shall be
15%of gross revenues beginning July 1, 2007.
SECTION 11. FRANCHISE TRANSFER: FEES.
A. Any application for a franchise transfer or change in control, as described in Section 9,
Subsection A, shall be made in the mannerprescribed by the City Manager. The
application shall include the payment and reimbursement to City of up to S10,000 to
cover the cost of all direct and indirect administrative expenses including consultants and
attorneys, necessary to adequately analyze the application and to reimburse City for all
direct an indirect expenses. In addition, the Contractor shall reimburse the City for all
costs not covered by the transfer fee. Bills shall be supported with evidence of the
expense or cost incurred. The applicant shall pay such bills within thirty (30) days of
receipt.
B. These franchise transfer fees are over and above any franchise fees specified in this
Franchise Agreement.
SECTION 12. IMPOSITION OF DAMAGES OR TERMINATION.
A. If the City Manager determines that the Contractor's performance pursuant to this
Franchise Agreement has not been in conformity with reasonable industry standards
which are obtained in similar cities in Southern California, the provisions of this
Franchise Agreement, the requirements of Ordinance No. 162, the requirements of the
California Integrated Waste Management. Board; including but not limited to,
requirements for source reduction and recycling (as to the waste stream subject to this
Franchise Agreement) or any other applicable Federal, State, or local law or regulation,
including but not limited to the laws governing transfer, storage, or disposal of special
wastes, the City Manager may advise Contractor, in writing of such deficiencies. The
Manager may, in such written instrument, set a reasonable time within which correction
of all such deficiencies is to be made. Unless otherwise specified, a reasonable time for
correction shall be sixty (60) days from the receipt by the Contractor of such written
notice. The City Manager shall review the .Contractor's response and refer the matter to
the City Council or decide the matter and notify the Contractor of that decision, in
writing. A decision or order of the City Manager shall be final and binding on Contractor
if the Contractor fails to file a "Notice of Appeal" with the City Manager within 30 days
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•
of receipt of the City Manager's decision. Within ten (10) working days of receipt of a
Notice of Appeal, the City Manager shall either refer the appeal to the City Council for
proceedings in accordance with Section 12C-D, below, or refer the matter to a hearing
officer as provided in Section 13,below.
B. The City Council, in such case, may set the matter for hearing. The City Council shall
give Contractor, and any other person requesting the same, fourteen (14) days written
notice of the time and place of the hearing. At the hearing, the City Council shall consider
the report of the City Manager indicating the deficiencies, and shall give the Contractor,
or its representations and any other interested person, a reasonable opportunity to be
heard.
C. Based on the evidence presented at the public hearing, the Council shall determine by
Resolution whether the Franchise Agreement should be terminated or liquidated damages
imposed. If, based upon the record, the City Council determines that the performance of
Contractor is in breach of any material term of this Franchise Agreement or impose
liquidated damages, as defined below. The decision of the City Council shall be final and
conclusive, subject to referral of the matter for an administrative hearing pursuant to
section 13, below. Contractor's performance under its franchise is not excused during the
period of time prior to the City Council's final determination as to whether such
performance is deficient.
D. This right of termination or to impose liquidated damages is in addition to any other
rights of City upon failure of Contractor to perform its obligations under this Franchise
Agreement.
E. Termination of Franchise. The City reserves the right to terminate Contractor's franchise
or impose liquidated damages in the event of any of the following:
(1) If the Contractor practices, or attempts to practice any fraud or deceit upon
the City:
(2) If the Contractor becomes insolvent, unable, or unwilling to pay its debts,
or upon listing of an order for relief in favor of contractor in a bankruptcy
proceeding.
(3) If the Contractor fails to perform in full force and effect, the workers
compensation, liability, indemnification coverage, or cash bond as
required by the Franchise Agreement:
(4) If the Contractor violates any orders or violation of any regulatory body
having jurisdiction over the Contractor relative to the Franchise
Agreement, provided that the Contractor may contest any such orders or
rulings by appropriate proceedings conducted in good faith, in which no
breach of the franchise shall be deemed to have occurred.
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5. If the Contractor ceases to provide collection services as required under this
Franchise Agreement over all or a substantial portion of its Franchise Area for
a period of seven (7) days or more, for any reason within the control of the
Contractor.
6. If the Contractor willfully fails to make any payments required under the
Franchise Agreement and/or refuses to provide the City with required
information, reports and/or test results in a timely manner as provided in the
Franchise Agreement.
(7) Any other act or omission by the Contractor which materially violates the
terms, conditions or requirements of the Franchise, City Ordinance, the
California Integrated Waste Management Act of 1989, as it may be amended
from time to time or any order, directive, rule or regulation issued thereunder
and which is not corrected or remedied within the time set in the written
notice of the violation or if the Contractor cannot reasonably correct or remedy
such violation within the time set forth in such notice and diligently effect
such correction or remedy thereafter.
F. Liquidated Damages.
(1) The City finds, and the Contractor agrees, that as of the time of the
execution of this Franchise Agreement, it is impractical, if not impossible
to reasonably ascertain the extent of damages which shall be incurred by
the City as a result of a material breach by Contractor of its obligations
under this Franchise Agreement. The factors relating to the
impracticability of ascertaining damages include, but are not limited to, the
fact that: (I) Substantial damage results to members of the public who are
denied services or denied quality or reliable services, (II) Such breaches
cause inconvenience, anxiety, frustration, and deprivation of the benefits
of the Franchise Agreement to individual members of the general public
for whose benefit this Franchise Agreement exists, in subjective ways and
in varying degrees of intensity which are incapable of measurement in
precise monetary terms; (III) That services might be available at
substantially lower costs than alternative services, and the monetary loss
resulting from denial of services or denial of quality or reliable services is
impossible to calculate in precise monetary terms; and (IV) The
termination of this Franchise Agreement for such breaches; and other
remedies are, at best, a means of future correction and not remedies are, at
best, a means of future correction and not remedies which make the public
whole for past breaches.
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(2) After providing notice and opportunity to cure as set forth in Section
12.A., the City Council may, in its discretion, assess liquidated damages
not to exceed the sum of Seven Hundred Fifty Dollars ($750.00) per day,
for each calendar day that service is not provided by Contractor in
accordance with this Franchise Agreement. The amount of the liquidated
damages shall be increased by the past year's consumer price index for
San Bemadino-Riverside area on March 1 and effective July 1 of each
year. In addition, the Council may order the assessment against the cash
bond requied by Section 7(2), above, the termination of the Franchise
Agreement, or both.
(3) The City finds, and the Contractor acknowledges and agrees that the above
described liquidated damages provisions represent a reasonable sum in
light of all the circumstances. Said liquidated damages sums shall be
applicable to each business day of delay during which Contractor has been
found by the City Council to be in, material default pursuant to this
Section. The Contractor shall pay any liquidated damages assessed by the
City Council within ten (10) days after they are assessed. If they are not
paid with the ten (10) day period, the City may withdraw them from the
cash bond required by Section 7(1), above, order the termination of the
franchise granted by this Franchise Agreement, or both.
SECTION 13. ADMINISTRATIVE HEARING PROCEDURES.
A. Should Contractor contend that the City is in breach of this Franchise Agreement, it shall
file a written request with the City Manager for an administrative hearing on the
allegation, within fourteen (14) days of the alleged breach or of Contractor's notice
thereof.
B. If either the City Manager or the City Council refers a matter to a hearing officer, or if the
Contractor should allege a breach of the Franchise by the City, City and Contractor shall
mutually agree on a hearing officer. If agreement is not reached within twenty (20)
working days of the filing of the notice of breach, then Contractor shall select the hearing
officer from a list of three potential hearing officers who are retired California Superior
Court judges or Appellate Court justices, none of whom are related to parties, prepared by
the City Manager and approved by the City Council.
C. The hearing shall be conducted according to California Code of Civil Procedure Section
1280, et sea. The exclusive venue shall be in San Bernardino County, California. A
hearing officer to whom a matter is referred shall have the authority to (I) order the City
or Contractor to undertake remedial action to cure the breach ad to prevent occurrence of
similar breaches in the future; (II) Assess damages and/or levy a penalty upon the City or
the Contractor consistent with the terms of this Franchise Agreement; or (III) Find there
has been no breach. If the hearing officer finds there has been no breach, such a decision
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precludes the City from conducting a default hearing. For any occurrence or series of
related
D. The party losing the hearing shall be liable for the hearing officer's fees.
E. Any failure of the Contractor to comply with the hearing officer's order shall be deemed a
material breach of the Franchise Agreement, and may be grounds for termination of the Franchise
Agreement.
F. The hearing officer shall commence the hearing within thirty(30) days of selection unless
the parties and the hearing officer otherwise agree. Any party to the hearing may issue a request
to compel reasonable document production from the other party. Disputes concerning the scope
of document production and enforcement of document requests shall be subject to agreement by
the parties, or if agreement is not reached within twenty (20) days of that document request, then
by disposition by order of the hearing officer. Any such document request shall be subject to the
proprietary rights and rights of privilege of the parties, and the hearing officer shall adopt
procedures to protect such rights. Except as may be otherwise specifically agreed by the parties,
no other form of pretrial discovery shall be available to the parties; provided that if either party
notifies the hearing officer that a material violation of the franchise or rights in connection
therewith is claimed by either party, the provisions of Code of Civil Procedure Section 1283.05
shall apply.
G. Neither party may communicate separately with the hearing officer after the hearing
officer has been selected. All subsequerlt communications between a party and a hearing officer
shall be simultaneously delivered to the other party. This provision shall not apply to
communications made to schedule a hearing or request a continuance.
H. Until final decision is entered from the hearing officer proceeding under the foregoing
provisions and the time for appeal or other post judgment petition has expired, the imposition or
enforcement of any penalties or sanctions provided in the Franchise Agreement and related to the
subject matter of the hearing shall be stayed. The hearing officer may modify or cancel any
proposed penalties or sanctions upon finding that the party subject thereto acted with substantial
justification or if the interest of justice so require.
I. Any party to a hearing may petition the Superior Court in San Bernardino County,
California to confirm; correct, or vacate the award on the grounds stated in the General
Arbitration Act. Any proceedings on appeal shall be in accordance with Code of Civil Procedures
1294 and 1294.2.
SECTION 14. CITY'S ADDITIONAL REMEDIES.
In addition to the remedies set forth in Section 12 and 13, above, City Shall have the following
rights and remedies:
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A. To rent or lease equipment from Contractor at its fair and reasonable rental value
for the purpose of collecting, transporting, recycling, composting, and disposing
of solid waste and construction debris and providing temporary bin/roll-off
services which Contractor is obligated to collect, transport, recycle, compost, and
dispose of solid waste and construction debris and provide temporary bin/roll-off
services pursuant to this Franchise Agreement, for a period not to exceed six (6)
months. In the case of equipment not owned by Contractor, Contractor shall
assign to City, to the extent Contractor is permitted to do so under the instruments
pursuant to which Contractor possesses such equipment, the right to possess the
equipment. If City exercises its rights under this Section, City shall pay to
Contractor the reasonable rental value of the equipment so taken for the period of
City's possession thereof.
B. The right to license others to perform the services otherwise to be performed by
Contractor hereunder, or to perform .such services itself; and
C. The right to obtain damages and/or injunctive relief. Both parties recognize and
agree that in the event of a breach under the terms of this Franchise Agreement by
Contractor, City may suffer irreparable injury and incalculable damages sufficient
to support injunctive relief, to enforce the provisions of this Franchise Agreement
and to enjoin the breach thereof.
SECTION 15. RIGHTS OF CITY TO PERFORM DURING EMERGENCY.
A. Should Contractor, for any reason whatsoever, except the occurrence or existence of any
of the events or conditions set forth in Section 27A "Force Majeure", below, refuse or be
unable to collect, transport, recycle, compost, and dispose, and provide temporary
bin/roll-off services any or all of the refuse, compostables, and recyclables which it is
obligated under this Franchise Agreement for a period of more than seventy-two (72)
hours, and if as a result thereof, debris, refuse, compostab(es, recyclables and
construction debris should accumulate in City to such an extent, in such a manner, or for
such a time that the City Manager should find that such accumulation endangers or
menaces the public health, safety, or welfare, then in such event City shall have the right,
upon twenty-four (24) hour prior written notice to Contractor, during the period of such
emergency, to temporarily take possession of any or all equipment and facilities of
Contractor previously used in the collection, transportation, recycling, composting, and
disposal of solid waste and construction debris and provide temporary bin-roll-off
services under this Franchise Agreement, and to use such equipment and facilities to
collect, recycle, compost, and transport any or all debris, refuse, compostables,
recyclables, and construction debris and provide temporary bin/roll-off services which
Contractor would otherwise be obligated to collect, recycle, compost, transport, and
dispose of solid waste and construction debris and provide temporary bin/roll-off services
pursuant to this Franchise Agreement. Contractor agrees that in such event it shall fully
cooperate with City to effect such a transfer of possession for City's use.
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B. Contractor agrees that, in such event, City may take temporary possession of and use all
of said equipment and facilities without paying Contractor any rental or other charge,
provided that City agrees that, in such event, it assumes complete responsibility for the
proper and normal use of such equipment and facilities. City agrees that it shall
immediately relinquish possession of all of the above mentioned property to Contractor
upon receipt of written notice from Contractor to the effect that it is able to resume its
normal responsibilities under this Franchise Agreement.
SECTION 16. PRIVACY.
A. Contractor shall strictly observe and protect the rights of privacy of customers.
Information identifying individual customers or the composition or contents of a
customer's waste stream shall not be revealed to any person, governmental unit, private
agency, or company, unless upon the authority of a court of law, by statute, or upon valid
authorization of the customer. This provision shall not be construed to preclude
Contractor from preparing, participating in, or assisting in the preparation of waste
characterization studies or waste stream analyses which may be required by AB939.
B. Contractor shall not market or distribute, outside the normal course of its business,
mailing lists with the names and addresses of customers.
C. The rights accorded customers pursuant to this Section shall be in addition to any other
privacy right accorded customers pursuant to Federal or State law.
SECTION 17. REPORTS AND ADVERSE INFORMATION.
A. Monthly Report. Contractor shall submit to City a Monthly Report in a form acceptable to
City on or before the fifteenth (15th ) day following the end of each calendar month,
which report shall at a minimum include the following information:
1. Volume of Refuse collected by service type (in tons).
2. Volume of Refuse diverted from landfill disposal as the result of Contractor's
performance of the Recyclable Materials collection program, in manner consistent
with the reporting requirements promulgated pursuant to AB939.
3. Indication of recycling program participation. Participation rates shall be
determined form data gathered on a daily basis.
4. A record of Recyclable Materials sold reflecting the quantity or tonnage sold of
each category.
5. Information compiled concerning customer complaints, along with a brief
narrative describing any operational changes made to respond to complaints
received and to prevent their reoccurrence in the future; and
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6. A list of notices issued detailing Recyclable Materials contamination problems
and Contractor's follow-up actions, including copies of contamination notices and
warning letters issued during the month.
B. Annual Reports. The City shall require that within sixty (60) days after the close of
Contractor's fiscal year, the Contractor shall submit a written annual report, in an audible
form approved by the City, including,but not limited to, the following information:
1. A summary of the previous year's (or, in the case of the initial report year, the
initial years) activities including, but not limited to, services began or
discontinued during the reporting year, and the number of customers for each
class of service;
2. A report, in a form satisfactory to the City, on the City's progress in meeting, and
maintaining its ability to meet its goals, under AB939, along with any
recommended changes.
3. A revenue statement, setting forth quarterly Franchise Fees and the basis for the
calculation thereof,certified by an officer of the contractor.
4. A revenue statement setting forth quarterly revenue received from the sale of
recycables collected pursuant to this Agreement.
5. A list of Contractor's officers and members of its board of directors.
6. A list of stockholders or other equity investors holding five percent (5%) or more
the voting interest in the Contractor and any subsidiaries unless Contractor is a
public corporation whose annual reports are publicly available.
C. AB 939 Reporting. Contractor shall be responsible for the preparation of ail reports
required under the AB 939. This shall include development of all data and reports
required by the Integrated Waste Management Board. Reports will be prepared and
delivered to City in a form acceptable to City. Contractor shall indemnify City against all
requirements and penalties which may be imposed under the Government Code as it
applies to said reporting.
D. Adverse Information. Contractor shall provide City two copies of all reports, or other
material adversely affecting the Franchise Agreement, submitted by Contractor to the
EPA, the California Integrated Waste Management Board, or any other Federal or State
Agency. Copies shall be submitted to City simultaneously with Contractor's filing of such
matters with said agencies. Contractor's routine correspondence to said agencies.
Contractor's routine correspondence to said agencies need not be automatically submitted
to City , but shall be made available to City upon written request, as provided in Section
26,below:
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1. The Contractor shall submit to City copies of all pleadings, applications,
notifications, communications, and documents of any kind, submitted by the
Contractor to, as well as copies of all decisions, correspondence, and actions by,
any Federal, State, and local courts, regulatory agencies, and other government
bodies relating specifically to Contractor's performance of services pursuant to
this Franchise Agreement. Any confidential data exempt from public disclosure
by State or Federal law shall be retained in confidence by the City and its
authorized agents and City shall make every reasonable effort to ensure that it is
not made available for public inspection, except that City shall not incur liability
for its inadvertent disclosure of such information.
2. Contractor shall submit to the City such other information or reports in such forms
and at such times as the City may reasonably request or require.
3. All reports and records required under this or any other section shall be furnished
at the sole expense of the Contractor.
4. A copy of each of Contractor's annual and other periodic public financial reports;
or where Contractor is a subsidiary of a public corporation and other entities, as
the City request, shall be submitted to the City within thirty (30) days after receipt
of a request.
7. Failure to Report. The refusal failure or neglect of the Contractor to file any of the
reports required, or the inclusion of any materially false or misleding statement or
representation made knowingly by the Contractor in such report shall be deemed a
material breach of the Franchise Agreement, and shall subject the Contractor to all
remedies, legal or equitable; which are available to the City under the Franchise
Agreement or otherwise.
SECTION 18. ANNUAL REVIEW OF PERFORMANCE, QUALITY OF
SERVICE, AND SYSTEM AND SERVICE REVIEW.
A. At City's sole option, within ninety (90) calendar days of the first anniversary of the
effective date of this Franchise Agreement, and each year thereafter throughout the term
of the Franchise Agreement, City may hold a public hearing at which the
Contractor shall be present and shall participate, to review the Contractor's performance
and quality of service, refuse collection arid recycling systems, and other services. In
addition, any customer may submit comments or complaints during the review meetings,
either orally or in writing, and these shall be considered.
B. Within thirty(30) calendar days after the conclusion of the public hearing; City may issue
a report with respect to the adequacy of performance and quality of service: If any
noncompliance with the franchise is found, City may direct Contractor to correct the
inadequacies in accordance with Sections 12 and 13, above.
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C. Annually, or at any time after receiving notice from the City, the Contractor shall, within
sixty(60) calendar days, submit a report to City indicating the following:
D. All refuse collection, composting, and recycling services reported in refuse collection,
and recycling industry trade journals that are being commonly provided on an operational
basis, excluding tests and demonstrations, to communities in the United States with
comparable populations, that are not provided to City; and
1. Changes recommended to improve the City's ability to meet the goals of AB939
and any subsequent legislation:
2. Any specific plans for provision of such new services by the Contractor, or a
justification indicating why Contractor believes that such services are not feasible
for the Franchise Area.
3. A report on the value of recyclables, the revenue obtained through the sale of
recycables, and the expense of collecting and transporting the recycables.
4. The City and Contractor hereby acknowledge that the Contractor has based its residential
rates in Exhibit "D" and its expectation of meeting AB939 goals, upon the full
participation of all residents in the refuse services described herein. The City and the
Contractor agree to consider reasonable odifications to this Agreement in the event less
than adequate participation is achieved.
E. Topics for discussion and review at the system and services review hearing shall include, but
shall not be limited to, services provided, feasibility of providing new services, application
of new technologies, customer complaints, rights of privacy, amendments to the Franchise
Agreement, developments in the law, new initiatives for meeting or exceeding AB939's
goals and regulatory constraints.
F. City and Contractor may each select additional topics for discussion at any systems and
services review hearing.
G. Not later than sixty(60) days after the conclusion of each system and service review hearing,
City shall issue a report. The report shall include a listing of any refuse collection„ and
considered technically and economically feasible by City. City may require Contractor to
provide such services within a reasonable time, for reasonable rates and compensation.
SECTION 19. COMPENSATION.
A. Contractor Rates. Contractor shall provide the services described in this Franchise Agreement
in accordance with the rates fixed by City from time to time', all as described as set forth in
the Exhibit's D, E and F "Schedule of Rates", as those rates may be amended by Resolution
of City Council.
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B. Modification and Adjustment of Rates. Except as provided in Exhibit's "D, E, and F", the rates
set forth in Exhibit's "D and E shall remain in effect until adjusted by City by Resolution
of the City Council.
C. Basis or Adjustment of Rates and Fees. Based on a finding that revenaues from sales of
recyclables have been increased or decreased, upon sixty(60) days notice to Contractor of the
proposed change in rates, City Council may adopt a resolution adjusting rates proportionate to
the increased or decreased cost or sales of recycables.
D. Notice of Rate Increases. The Contractor shall provide the City and Customers; written notice
of the implementation of changes in any of its rates and charges which are not subject to
regulation by the City. The notice shall include a statement of the reasons for the rate increase,
which shall be approved by the City before distribution.
E. Escalation of Rates (Commercial). The Contractor agrees that, after the introduction of the
charge for the Franchise Fee, rates for Commercial customers shall not increase on an annual
basis more than the Consumer Price Index as approved for other rate outlined in Exhibits D
E and F.
F. Resolution of Disputes Regarding Rate Adjustments. Any dispute regarding the Annual Rate
Adjustment and Landfill Tipping Fee adjustment, or the computation thereof, described in
Exhibits D, E or or any other dispute regarding Contractor's reimbursement for fees,
special services, or extraordinary costs described in Exhibits D, E, and F shall be decided by
the City Manager, or referred by the Manager to the City Council, or the hearing officer, as
appropriate.
G. Billing and Payment. Contractor shall bill all customers for all services, whether regular or
special. Contractor shall provide itemized bills in a form approved by City, distinctly showing
charges for all classifications of services, including the charges for late payment. Billings shall
be made quarterly in advance, or as determined appropriate by the Contractor, for commercial
and all bin service customers, and shall be made no less than quarterly, in advance for all
customers.
H. Delinquent Accounts. Notice shall be given to the property owner of record regarding the
account and that any unpaid or delinquent bills may become a lien against the property..
I. Refunds. Contractor shall refund to each -customer; on a pro-rata basis, any advance service
payments made by such customer for service not provided when service is properly terminated
by the customer.
J. Recycling Rate Adjustment. The recycling rate includes the following cost and revenue
factors: Collection, Transportation, Processing, Non-Recyclable Disposal, Community
Education, State, County and City Reporting, and Recyclable Revenue Credits.
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K. Disposal Rate Adjustment. The disposal rate includes all costs above and beyond the operator
fee for.collection of solid waste including, but not limited to: Transportation, Landfill Tipping
Fees, and Regulatory Fees.
Each individual cost factor shall be presented by the Contractor at the time of rate adjustment.
The Contractor shall provide supporting documentation and calculations to support the presented
cost factors. The City shall retain the right to have a comparative rate study prepared by the
Contractor for a disposal facility or program different than the one utilized by the Contractor. The
purpose of such rate study would be more beneficial to the City. The City may designate that the
Contractor use an alternative facility or program. In any case, disposal rates shall be adjusted to
fully compensate Contractor for all disposal rate cost factors as pass-through costs.
SECTION 20. COLLECTION EQUIPMENT.
A. Contractor shall provide an adequate number of vehicles and equipment for the
collection, transportation, recycling, and disposal of solid waste for which it is
responsible under this Franchise Agreement. The equipment of Contractor used under this
Franchise Agreement shall be subject to inspection by City on a semiannual basis but
shall not be subject to any permit fees therefor.
1. All vehicles used by Contractor under this Franchise Agreement shall be
registered with the Department of Motor Vehicles of the State of
California, shall be kept clean and in good repair and shall be uniformly
painted. A sufficient supply of parts must be kept on hand to ensure timely
and continuous fulfillment of this Franchise Agreement.
2. All bins and containers provided shall be kept in a reasonable condition
and appearance.
3. Contractor has agreed to name the specific organization that shall provide
all of the services under this Franchise Agreement, "Burrtec Waste
Industries, Inc."of California, Inc." This name shall be used for all
correspondence, billing statements, directory listings, references, signs,
vehicle identification, etc.
4. Solid waste collection vehicles shall be washed at least once every seven
(7) calendar days.
5. "Burrtec Waste Industries", a local or toll free telephone number, and
Vehicle number shall be visibly displayed on all vehicles in letters and
figures not less than five inches (5")high.
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SECTION 21. PUBLIC ACCESS TO CONTRACTOR.
A. Office Hours. Contractor's office hours shall be, at a minimum, from 8:00 a.m. to 5:00
p.m. daily, on all collection days. A representative of Contractor shall be available during
office hours for communication with the public at Contractor's principal office. In the
event that normal business problems cannot be rectified over the telephone, a
representative of Contractor shall agree to meet with the public at a location agreeable to
Contractor and the public. Normal office hours telephone numbers shall either be a local
or toll free call. Contractor shall also maintain a local or toll free after hours telephone
number for answering service available at said after-hours telephone number during all
hours other than normal office hours.
B. Service Complaints.
(l) All Customer complaints shall be directed to Contractor. Contractor
shall record all complaints received by mail, by telephone, or in person(including
date, name, address of complainant, and nature of complaint). Contractor agrees to
use its best efforts to resolve all complaints by close of business (waste
collection) day following the date on which such complaint is received. Service
complaints may be investigated by the City Manager or the Manager's designee.
Unless a settlement satisfactory to complainant, 'the Contractor, and the
Manager's designee is reached, the complainant may refer the matter to the City
Manager for review.
(2) Contractor shall maintain records I isting the date of consumer complaints, the
customer, describing the nature of the complaint or request, and when and what
action was taken by the Contractor to resolve the complaint. All such records shall
be maintained and shall be available for inspection by City, as described in
Section 26. Contractor shall prepare monthly summaries of consumer, complaints.
The summaries shall be available and delivered monthly to the City Manager or
the City Manager's designated representative.
C. Government Liaison Person. The Contractor shall designate a "government liaison
person" who shall be responsible for working with the City Manager or the City Manager's
designated representative to resolve customer complaints.
SECTION 22. CUSTOMER SERVICES.
A. Suspension of Service: Customers may suspend service for a period of not less than one
(1) month without penalty. Requests for suspension for periods less than one (1) month
will be subject to a fee of$10.00 per request.
SECTION 23. RESOLUTION OF DISPUTED CUSTOMER COMPLAINTS.
A. The Contractor shall notify customers of this complaint resolution procedure at the time
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customers apply for or are provided service.
B. A customer dissatisfied with Contractor's decision regarding a complaint may ask the City
to review the complaint. To obtain this review, the customer must request City review
within 30 days of receipt of Contractor's response to the Complaint, or within 45 days of
submitting the complaint to the Contractor, if the Contractor has failed to respond to the
complaint. The City may extend the time to request its review for good cause.
C. Before reviewing the complaint, the City Manager shall refer it to the Contractor. If the
Contractor fails to cure the complaint within ten (10) days, the City Manager shall review
the customer's complaint and determine if further action is warranted. The City Manager
may request written statements from the Contractor and customer, and/or oral
presentations.
D. The City Manager shall determine if the customer's complaint is unresolved; and if so,
what remedy, if any, shall be imposed. The remedy under this Section shall be limited to
a rebate of customer charges related to the period of breach.
E. The City Manager may delegate these duties to a designee. The decision of the .City
Manager or his designee shall be final on any matter under Five Thousand Dollars
($5,000.00). In the event of a decision on a matter awarding Five Thousand Dollars
($5,000.00) or more, Contractor may seek review pursuant to Section 13, above.
SECTION 24. OWNERSHIP OF SOLID WASTE.
A. Once solid waste, compostables, recyclables, and construction debris are placed in
bins/roll-offs for collection, or containers at curbside, ownership shall transfer to
Contractor, subject to the terms of this Franchise Agreement, by operation of law. Subject
to Contractor's duty to meet the source reduction and recycling goals which apply to City,
Contractor is hereby granted the right to retain, recycle, compost, dispose of, and
otherwise use such refuse, compostables, recyclables, construction debris, or any part
thereof, in any lawful fashion or for any lawful purpose desired by Contractor. Subject to
the provisions of this Franchise Agreement, Contractor shall have the right to retain any
benefit or profit resulting from its right to retain, recycle, compost, dispose of, or use the
refuse; compostables, recyclables, green waste, and construction debris, or any part
thereof, which is disposed of at a disposal site or sites (whether landfill; transformation
facility, transfer station, or material recovery facility) shall become the property of the
owner or operator of the disposal site or sites once deposited there by Contractor. At no
time does City obtain any right of ownership or possession of solid waste placed for
collection, and nothing in this Franchise Agreement shall be construed as giving rise to
any inference that City has such rights. Contractor shall conduct an annual rate audit and
recommend, if necessary, a rate adjustment, including a reduction in rates to reflect an
increase in the value of recyclables.
Contractor acknowledges that the City may direct the location for disposal of solid waste.
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SECTION 25. INDEMNIFICATION AND INSURANCE.
A. Indemnification of City. Contractor agrees that it shall protect, defend with counsel
approved by City, indemnify, and hold harmless City, its officers, employees, and agents
and at no cost to City, from and against any and all losses, liabilities, fines, penalties,
claims, damages, liabilities, including attorney's fees; arising out of or resulting in any
way from Contractor's exercise of this Franchise; unless such claim is due to the sole
negligence or willful acts of the City, its officers, employees, agencies, or contractors, or
from the City's grant of this Franchise to Contractor. Subject to the scope of this
indemnification and upon demand of the City, made by and through the City Attorney,
the Contractor shall appear in and defend the City and its officers, employees, and agents
in any claims or actions, whether judicial, administrative, or otherwise arising out of the
exercise of the Franchise Agreement. This provision is in addition to all other provisions
of this Agreement and is intended to apply to Contractor's actions during the term of this
Agreement and survive the end of the term of this Agreement.
B. Indemnification of Contractor. The City shall indemnify, defend and hold the Contractor,
its affiliates and their respective officers, directors, employees, and shareholders harmless
from and against any and all liabilities, losses, damages, claims, actions, causes of action,
judgments, costs, and expenses (including reasonable attorney's fees) arising from or in
any manner related to the sole negligence or willful acts of the City, its officers,
employees, agents; or contractors. Subject to the scope of this indemnification and upon
demand of the Contractor, made by and through its attorney, the City shall appear in and
defend the Contractor and its officers, employees; and agents in any claims or actions
whether judicial, administrative, or otherwise arising out of the exercise of the Franchise
Agreement.
C. Household Hazardous Substances Indemnification. Except with respect to disposal
facilities selected by the City pursuant to Section 24; Contractor shall indemnify, defend
with counsel approved by City, protect and hold harmless City, its officers, employees,
agents, assignees, and any successor or successors to City's interest from and against all
claims, actual damages (including but not limited to special and consequential damages);
natural resources damage, punitive damages, injuries, costs, response, re-mediation and
removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or
administrative proceedings, interest, fines, charges, penalties, and expenses (including
but not limited to attorneys' and expert witness fees and costs incurred in connection with
defending against any of the foregoing or in enforcing this indemnity) of any kind
whatsoever paid, incurred or suffered by, or asserted against, City or its officers,
employees, agents, or Contractors arising from or attributable to any repair,
cleanup or detoxification, or preparation and implementation of any removal, remedial,
response, closure or other plan household hazardous substance or household hazardous
wastes at any place where Contractor stores or disposes of municipal solid waste or
construction debris pursuant to this Franchise Agreement. The foregoing indemnity is
intended to operate as an agreement pursuant to Section 107 (e) of he Comprehensive
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Environmental Response, Compensation and Liability Act, "CERCLA", 42 U.S.C.
Section 9607 (e) and California Health and Safety Code Section 5364, to insure, protect,
hold harmless, and indemnify City from liability. This provision is in addition to all other
provisions of this Agreement and is intended to apply to Contractor's actions during the
term of this Agreement and survive the end of the term of this Agreement.
D. AB939 Indemnification. Contractor agrees to protect, defend, with counsel approved by
the City, and indemnify City against all fines or penalties imposed by the California
Integrated Waste Management Board in the event the source reduction and recycling
goals or any other requirement of AB939 are not met by City with respect to the waste
stream covered by this Franchise Agreement, or Contractor's delays in providing
information prevent City from submitting. reports required by AB939 in a timely manner.
Contractor further agrees to appear and represent the City in any appeals proceedings
and/or litigation brought against City for alleged failure to comply with AB939. One year
prior to each compliance reporting date pursuant to AB939, or at any time prior to the
reporting date within that one year period, if in the opinion of the City, based upon
information provided by the Contractor and the State of California, the City is not
reasonably convinced that the Contractor will be in non-compliance, the City may require
Contractor to provide a performance bond in the amount of FIVE HUNDRED -
THOUSAND DOLLARS ($500,000.00) until such time as compliance is attained.
E. Worker's Compensation Insurance. Contractor shall obtain and maintain in full force and
effect throughout the entire term of this Franchise Agreement full Worker's
Compensation Insurance in accord with the provisions and requirements of the Labor
Code of the State of California. Endorsements that implement the required coverage shall
be filed and maintained with the City. Clerk throughout the term of this Franchise
Agreement. The policy providing coverage shall be amended to provide that the insurance
shall not- be suspended, voided, canceled, reduced in coverage or in limits except after
thirty (30) days' prior written notice by certified mail, return receipt requested; has been
given to City. The policy shall also be amended to waive all rights of subrogation against
the City, its elected or appointed officials, employees, agents, or Contractors for losses
which arise from work performed by the persons insured for the City.
F. Public Liability Insurance. The limits of such insurance coverage, and companies, if any,
shall be subject to review. Contractor shall obtain and maintain in full force and effect
throughout the entire term of this Franchise Agreement a Broad Form Comprehensive
General Liability(occurrence) policy with a minimum limit of FOUR MILLION
DOLLARS ($4,000,000.00) aggregate and ONE MILLION DOLLARS ($1,000,000.00)
per occurrence for bodily injury and property damage, with any self-insured retention not
exceeding TWO HUNDRED THOUSAND DOLLARS ($200,000.00) per occurrence.
Said insurance shall protect Contractor and City from any claim for damages for bodily
injury, including accidental death, as well as from any claim for property damage which
may arise from operations performed pursuant to this Franchise Agreement, whether such
operations be by Contractor itself, or by its agents; employees, and/or sub-contractors.
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Copies of the endorsements evidencing the above required insurance coverage shall be
filed with the City Clerk. All of the following endorsements are required to be made a
part of the insurance policies required by this Section:
(1) "The City, its employees, agents, Contractors, and officers, are hereby
added as insureds as respects liability arising out of activities performed by
or on behalf of Contractor."
(2) "This policy shall be considered primary insurance as respects any other
valid and collectible insurance the City may possess including any self-
insured retention the City may have, and any other insurance the City does
possess shall be considered excess insurance and shall not contribute with
it:"
(3) "This insurance shall act for each insured, as though a separate policy had
been written for each. This, however, shall not act to increase the limit of
liability of the insuring company."
(4) "Thirty(30) days prior written notice by certified mail, return receipt
requested, shall be given to the City in the event of suspension,
cancellation, reduction in coverage or in limits, or non-renewal of this
policy for whatever reason. Such notice shall be sent to the City Clerk.
The limits of such insurance coverage, and companies, shall be subject to review and
approval by the City Manager every year and may be increased at that time and match the
coverage provided by the City's own liability insurance policy. The City shall be included
as an additional insured on all policies and endorsements. The requirements of this
section may be satisfied in whole or in part by Contractor's self-insurance program.
G. Modification. The insurance requirements provided herein may be modified or waived in
writings by the City Council upon the request of Contractor, or in the sole discretion of
the City provided the City Council determines such modification or waiver is in the best
interests of City considering all relevant factors, including acceptable amount.
SECTION 26. CONTRACTOR'S BOOKS AND RECORDS: AUDITS.
A. Contractor shall maintain in auditable form all records relating to the services provided
hereunder, including, but not limited to, customer lists, billing records, accounts
receivable records, maps, AB939 compliance records, and customer complaints, for the
full term of this Franchise Agreement, and an additional period of not less than three (3)
years, or any longer period required by law or by the City. The City shall have the right,
upon five (5) business days advance notice, to inspect all maps, AB939 compliance
records, customer complaints, and other like materials of the Contractor which reasonably
relate to Contractor's compliance with the provisions of the Franchise Agreement. Such
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records shall be made available to City at Contractor's regular place of business,. but in no
event outside the County of San Bernardino.
B. Should any examination or audit of Contractor's records reveal an underpayment of any
fee required under this Franchise Agreement, the amount of such underpayment of any
fee required under this Franchise Agreement, the amount of such underpayment shall
become due and payable to City with interest at the legal rate of seven percent (7%) not
later than fifteen (15) days after written notice of such underpayment is sent to Contractor
by City. Should any underpayment of more than three percent (3%) be discovered,
Contractor shall bear the entire cost of the audit.
SECTION 27. GENERAL PROVISIONS.
A. Force Maieure. Contractor shall not be in default under this Franchise Agreement in the
event that the temporary bin/roll-off services and the collection, transportation, recycling,
composting, and disposal of solid waste and construction debris provided by the
Contractor are temporarily interrupted or discontinued for any of the following reasons:
riots, wars, sabotage, civil disturbances, insurrections, explosion, natural disasters such as
floods, earthquakes; landslides, and fires, strikes, lockouts, and other labor disturbances
or other catastrophic events which are beyond the reasonable control of Contractor. Other
catastrophic events do not include the financial inability of the Contractor to perform or
failure of the Contractor to obtain any necessary permits or licenses from other
governmental agencies or the right to use the facilities of any public utility where such
failure is due solely to the acts or omissions of the Contractor: In the event a labor
disturbance interrupts temporary bin/roll-off services and the collection, transportation,
recycling, composting, and disposal of solid waste and construction debris by Contractor
as required under this Agreement.
B. Independent Contractor. Contractor is an independent contractor and not an officer, agent,
servant, or employee of City. Contractor is solely responsible for the acts and omissions
of its officers, agents, employees, Contractors, and subContractors, if any. Nothing in this
Franchise Agreement shall be construed as creating a partnership or joint venture between
City and Contractor. Neither Contractor nor its officers, employees, agents, or
subContractors shall obtain any rights to retirement or other benefits which accrue to City
employees.
C. Pavement Damage. Contractor shall be responsible for any damage, due to Contractor's
negligence, to City's driving surfaces or other City property, whether or not paved,
resulting from overweight vehicles providing refuse collection and temporary bin/roll-off
services directly attributable and at the location of bins, roll-.offs, and containers on
public or private property.
D. Property Damage. Any physical damage to public or private property, or,other City
property caused by the negligent or willful acts or omissions of Contractor, its employees,
agents, or sub-contractors shall be repaired or replaced by Contractor.
30
E. Right of Entry. Contractor shall have the right, until receipt of written notice revoking
permission to pass is delivered to Contractor, to enter or drive on any public or private
street, court, place, easement, or other private property necessary for the purpose of
providing temporary bin/roll-off services and the collection; transportation, recycling,
composting, and disposal of solid waste and construction debris pursuant to this
Franchise Agreement.
F. Law to Govern: Venue. The law of the State of California shall govern this Franchise
Agreement. In the event of litigation between the parties, venue in state trial courts shall
lie exclusively in the County of San Bernardino. In the event of litigation in U.S. District
Court, exclusive venue shall lie in the Central District of California.
G. Fees and Gratuities. Contractor shall not, nor may it permit any agent, employee, or sub-
contractor to request, solicit, or demand either directly or indirectly, any compensation or
gratuity for temporary bin/roll-off services and the collection, transportation, recycling,
composting, and disposal of solid waste and construction debris except as otherwise
required under this Franchise Agreement.
H. Prior Agreement and Amendment. This Franchise Agreement is intended to carry out
City's obligations to comply with the provisions of the California Integrated Waste
Management Act of 1989, (AB939) as it from time to time may waste management
csvary trceguianons), as tney rrom time to time may be amended. In the event that AB939
or other State or Federal laws or regulations enacted after this Franchise has been enacted,
prevent or preclude compliance with one or more provisions of this Franchise Agreement;
such provisions of the Franchise shall be modified or suspended as may be necessary to
comply with such State or Federal laws or regulations. Except as otherwise provided
herein, no other amendment of this Franchise Agreement shall be valid unless in writing
duly executed by the parties. Any modifications as provided by Section 19:
Compliance with Franchise Agreement. Contractor shall comply with those provisions of
the San Bernardino County Code as adopted by the City of Grand Terrace, as well as any
ordinances, resolutions or regulations enacted by the City of Grand Terrace which are
applicable and with any and all amendments to such applicable provisions during the term
of this Franchise Agreement.
J. Notices. All notices required or permitted to be given under this Franchise shall be in
writing and shall be personally delivered or sent by telecopier (fax), or United States
Certified Mail; postage prepaid, return receipt requested, and addressed as follows:
To City: City of Grand Terrace
22795 Barton Road
Grand Terrace,CA 92313
Attn: City Manager
Fax: (909) 783-7629
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To Contractor: Burrtec Waste Industries, Inc.
9890 Cherry Avenue
Fontana, California 92335
Fax: (909)429-4290
or to such other addresses as either party may from time to time designate by notice to the other
given in accordance with this Section. Notice shall be deemed effective on the date personally
served or, if mailed, three (3) business days from the date such notice is deposited in the United
States Mail.
K. Savings Clause and Entirely. If any non-material provision of this Franchise Agreement
shall for any reason be held to be invalid or unenforceable, the invalidity or un-
enforceability of such provision shall not affect the validity and enforceability of any of
the remaining provision of the Franchise Agreement. If any material provision of this
Franchise Agreement shall be held to be invalid or unenforceable, the entire Franchise
Agreement may be declared by either party the date of this Agreement.
L. Exhibits Incorporated. Exhibits "A" through"F" are attached to and incorporated into this
Franchise Agreement by reference.
M. Identification Required. Contractor shall provide its employees, and sub-contractors with
identification for all individuals who may make personal contact with residents of the
City. The Contractor shall provide a list of current employees, Contractors and sub-
contractors, to the City upon request. The City may require the Contractor to notify
customers yearly of the form of said identification.
(1) Contractor shall provie its employees, sub-contractors with identification for all
individuals who make personal contact with residents of the City.
(2) The Contractor shall provide a list of current employees, Contractors and sub-
contractors, to the City upon request. The City may require the Contractor to
notify customers yeraly of the form of said identification.
IN WITNESS WHEREOF: The parties hereto, on the day and year first written above,
have executed this Agreement.
Burrtec Waste Industries, Inc.
By:
Its:
City of Grand Terrace City of Grand Terrace
By: BY r�_47i ibi,
Its: City Manager Its: Mayon/'
32
APPROVED AS TO FORM:
AbItt
City Attorney
33
EXHIBIT A
FRANCHISE AREA
All portions of the City shown on the existing Official Map of the City of Grand Terrace
Corporate Limits on file at the City of Grand Terrace or as subsequently modified by future
annexations.
EXHIBIT B
SPECIAL WASTES
Flammable waste.
Containerized waste (e.g. drum,barrel, portable tank,box, pail, etc.).
Waste Transported in a bulk tanker.
Liquid Waste.
Sewage sludge:
Waste from a pollution control process and/or industrial process.
Residue and debris from the cleanup of a spill or release of chemical substances, commercial
products or any other special wastes.
Contaminated soil, waste, residue, debris, and articles from the cleanup of a, site or facility
formerly used for the generation, storage, treatment,recycling, reclamation, or disposal of any
other special wastes.
Dead animals and/or slaughterhouse waste.
Manure.
Waste water.
Explosive substances.
Radioactive Materials.
Hazardous Materials as defined by state and federal law.
Friable and/or nonfriable asbestos waste:
Empty containers which have been used for pesticides, herbicides, fungicides, or rodenticides.
Waste which is prohibited from disposal at a Class III Landfill.
Waste which has been rejected from disposal at a landfill.
EXHIBIT C
RECYCLING PROGRAMS SERVICE COMMENCEMENT
AB939TOPICS,AND FACILITY CONSIDERATIONS
A. Contractor guarantees to City that it shall cause at least twenty-five percent (25%) at the
time specified by AB939 and subsequently fifty percent (50%) of he waste stream
collected under this Franchise Agreement to be diverted from ultimate deposit in landfills
in accordance with the regulations implementing the California Integrated Waste
Management Act of 1989 (as amended) (also known as AB939). Contractor shall
implement alternatives identified in the City's Source Reduction and Recycling Element
(SRRE) and Household Hazardous Wastes Element (HHWE). Contractor shall be
responsible to implement the public education and awareness portions of the SRRE and
HHWE, at Contractor's expense. Contractor shall provide City with written reports in a
form adequate to meet City's reporting requirements to the California Integrated Waste
Management Board and to the County of San Bernardino throughout the term of this
Franchise wherein its performance under this program is set forth in detail.
B. Upon commencement of the Franchise Agreement, Contractor shall commence regular
refuse service to all residential, dwelling units and commercial establishments within the
City as set forth in Section 5. The residential refuse service shall include the pick up of
recyclable materials and green waste. The operator shall furnish one container for
recyclables of 96 gallon size to each residential customer who desires to participate in the
curbside recycling program. Contractor shall replace and repair container as may be
necessary as a result of normal wear and tear. The Contractor shall be permitted to bill all
customers according to the rates set forth in Schedule °D": at the beginning of said
month. In the event a residential customer has not then received a recycling container, the
recycling charge included in the rate shall be postponed until the first month after delivery
of the container.
D. The franchise fee as defined in Section 10 shall apply to all residential operator pickup
fees shall be included for franchise fee computation purposes.
E. Contractor shall implement a mechanized residential container system. Mechanized shall
mean that Contractor shall provide collector trucks that are capable of picking up
containers, emptying them into the collector truck, and then returning them to the
curbside without any human handling of the container.
F. The failure of Contractor to achieve any of the above shall be deemed a material breach
of this Franchise Agreement.
EXHIBIT D
SINGLE FAMILY RESIDENTIAL REVISED
SCHEDULE OF RATES
68-Gallon Container:
Rate
Contractor's Pick Up Fee $10.80
Street Sweeping/Community Fund $ .92
Landfill Charge $2.52
(0.8561 tons per home per year at$35.38 per ton)
Green Waste Charge $1.78
Recycling Charge $2.02
Franchise Fee $2.59
Household Hazardous Waste Fee $0.20
Fuel $ .19
Total Rate $21.02
96-Gallon Container:
Contractor's Pick Up Fee $10.80
Street Sweeping/Community Fund $ .92
Landfill Charge $ 3.75
(1.272 tons per home per year at $35.38 per ton)
Green Waste Charge $ 1.78
Recycling Charge $ 2.02
Franchise Fee $ 2.78
Hazardous Waste Fee $ 0.20
Fuel $ .19
Total Rate $22.44
2. MULTI-FAMILY SERVICE RATE:
Bin service rates for multi-family units shall be the same as adopted for commercial bin
service.
3. ADDITIONAL SPECIAL SERVICE RATES.
A. "On Demand" appliance and bulky item pickup at ground level - first item $25.00 and
$15.00 for each additional item.
B. All persons qualifying as handicapped by the City shall be entitled to free carryout service
to the collection vehicle. The operator may charge for such carryout service for any other
customer who requests it at the rate of$12.00 per month.
C. Special enclosure cleanup service as described above, shall be charged at the rate of
$45.00 per hour, portal to portal. Special cleanup service by pickup truck requested by
any customer shall be charged at $45.00 per hour plus any applicable landfill fees. If a
compactor refuse truck is necessary, the charge shall be $45.00 per hour plus any
applicable landfill fees.
Individuals shall be entitled to a reasonable discount of the operators service pickup fee in
accordance with the Ordinance. Contractor may, at its discretion, offer low income
customers the same discount offered by Southern California Edison.
Exemption from mandatory service shall be in accordance with the Ordinance. Contractor
may, at its discretion, credit the landfill component of the monthly bill for customers who
are on vacation for at least 30 consecutive days. Contractor may, at its discretion, charge
no monthly rate for a home that is uninhabited and receives no service. Contractor may
require property owners to sign a "Vacancy Certificate" at least every six months. If
Contractor's field audit discovers that a house certified to be vacant, is inhabited,
Contractor may retroactively charge the property owner to the date of the Vacancy
Certificate.
A "Service Change" fee in the amount of$20.00 may be charged each time a customer
changes to a different service level. The operator will select one calendar month per year,
during which month, "Service Change" fees will be waived for any customer requesting a
change in their service level. Customers will be notified by operator regarding the
availability of this change option.
4. ANNUAL ADJUSTMENT OF RATES.
As of July 15' of each year, the above refuse rates shall be adjusted as follows:
The landfill fee portion of each rate designatea anove snail De aajusiea in accordance
with an increase or decrease percentage to correspond with any increase or decrease
percentage in the landfill fee charged by the County of San Bernardino.
The contractor's pickup fee designated above shall be adjusted in accordance with the San
Bernardino County refuse rate adjustment policy. Any adjustment in excess of 5% shall
be subject to approval by the City Council before implementation by the operator. If the
San Bernardino County refuse rate adjustment policy is hereafter discontinued or
significantly amended, the operator's pickup fees shall be adjusted by 90% -of the annual
change in successive indexes as of the month of March, per the "Consumer Price Index,
Los Angeles-Anaheim (unadjusted), All Urban Consumers, All Items" as published by
the Bureau of Labor Statistics.
5. EXTRAORDINARY ADJUSTMENT OF RATES.
Subject to the approval of City Council,the operator may request special rate adjustments
in the event its operating conditions significantly change, i.e., the County of San
Bernardino or the City directs the operator to a different landfill, there is a change in State
or Federal laws applicable to the operators refuse business, or there is a significant change
in the County's collection of tipping fees and fees to operate the Household Hazardous
Waste program.
6. SCHEDULE OF FRANCHISE FEES.
Beginning June 1, 1998 Contractor shall pay a Franchise Fee of 12.5% of gross revenues
for Residential business, minus the Household Hazardous Waste fee. The Franchise Fee
for Residential business shall be 15%of gross revenues beginning July 1, 1999. This
adjustment will result in a corresponding rate adjustment.
7. NON-PAYMENT.
Contractor reserves the right to stop service after the customer is 60 days late or longer.
Contractor will then have the option to confiscate the container. Reinstatement of the
account along with delivery of the container will be $20.00.
EXHIBIT E
SPECIAL SERVICES AND RATES
CITY OF GRAND TERRACE
1. SINGLE FAMILY RESIDENTIAL SERVICE:
Single family residential rates shall be as approved and modified by the City Council and
outline in Exhibit "D" of the Agreement Between the City of Grand Terrace and USA
Waste of California, Inc. for the Provision of Integrated Waste Management Services".
The Base Service Level for single-family residential households shall be a separate
container(cart) for each of the following services:
Refuse
Recycling
Green Waste
Additional carts are available for the following rates:
(to a maximum of three(3) additional carts per service)
Refuse: $ 7.29 per month per cart
Recycling: $2.03 per month per cart
Green Waste: $ 2.03 per month per cart
Exchanges in excess of one time per year: $15.63 per container
Back yard/Side yard collection: $12.50/month
No charge for elderly or disabled
On-call Curbside Bulky Item Pick-Up: $26.05 per item, $15.63 each additional
(this is separate from the one free annual residential clean-up at the curbside)
Temporary Bin Service: (up to 5 days) $52.10(includes one dump upon removal
of the bin)
Set Up Fee $ 9.00/account
Scout Collection: 1.5 times the regular residential rate
(this service would be needed for residential properties when a regular collection vehicle could
not collect at the curbside and a special small vehicle would be needed due to accessibility of
collection)
2. COMMERCIAL BIN SERVICE
All commercial bin customers shall be charged monthly rates as outlined in Exhibit "F", attached.
Collection service shall be at a minimum of one time per week and more often to satisfy the
demand of waste generated on the site.
Rates for commercial service have two components: Service and Disposal
The Service component includes the container on-site and the actual labor to collect and haul to
the landfill.
The Disposal component is the actual pass-through cost of disposing refuse at the landfill. This
component shall initially be based upon 110 pounds per cubic yard and shall be subject to annul
review when compared to the actual collection data.
Both of these components shall include the appropriate franchise fee for the City of Grand
Terrace.
Unscheduled Extra Bin Dumps
while on site $36.47
separate trip $52.10
3 Cubic Yard Temporary Bin(up to 5 days) $52.10
'one dump at collection)
Commercial Can Service: Optional service only and subject to contractor approval.
Basic service for commercial and industrial properties shall be Bin Service as outlined in the
attached Exhibit "F".
In special cases where there is either not appropriate space on site or with neighboring businesses
for the placement of commercial bins, the Contractor may allow Commercial Can Service to
satisfy the requirement of refuse removal service. This may also be allowed if it is demonstrated
that the commercial business produces a very small amount of refuse and that the smallest
commercial bin would be inappropriate.
Said Commercial Can service shall be collected via a typical 96-gallon residential type container
(one for refuse and one for recycling) and shall be placed at the curbside by the commercial
business on collection day. Extra containers shall be available at the established residential rate,
up to a maximum of three(3) refuse and three recycling containers.
Commercial Can Monthly Rate $31.21/month
Bin Exchange in Excess of one time per year: $61.48
Lost or Stolen Bin: $521.00
Burned Bin: $291.76
Bin Repair: (other than normal wear and tear) Actual cost of repair
Overage Fee *: $35.00/bin
Set-Um Fee: $12.00/account
Locking Lids: $12.50 per month, multiplied
by the number of
collections/week
Replacement Lock: $26.05
Replacement Key: $5.21
Commercial Bin Push Charges: (montly per container)
DismountDistance0-25' 1/week0 2/week0 3/week0
26'-50' 7.29 14.59 21.88
5 t'-75' 9:38 18.76 28.13
76'-100' 10.42 20.84 31.26
101'-125' 11.46 22.92 34.39
126'-150' 12.50 25.00 37.51
151'-175' 13.55 27.09 40.64
176'-200' 14.59 29.18 43.76
Over 200' 15.63 31.26 46.89
Commercial Bin Recycling Rates: The same as the established bin rates as outlined in Exhibit
"F", less the landfill disposal component of the rate.
Commercial and Industrial Bulky Item Service:
1 to 3 items $26.05 for the first item and $15.63
for each additional item
over 3 items Quoted and contracted by USA
Waste Services
Commercial Bin Compaction Charges: The monthly rate for compacted refuse shall be the
landfill component of the adopted standard bin rate (Exhibit "F")times 3. Ancillary bin services
shall also be multiplied by 3 for compacted bin service:
3. ROLL-OFF BIN SERVICE
The contractor shall charge a service rate(haul charge) and a landfill rate (tipping fee) based
upon the following:
Service Rate for 10-40 cubic yard containers: $199.74
Service Rate for Compactor type containers: $223.22
Landfill Rate: $ 40.69/ton
(includes $35.38 per ton tipping fee and 15% City Franchise fees)
Additional Roll-off Charges:
Delivery: $69.30
Extra Trio: $69.30
Relocation: $69.30
Set-up Fee: $ 12.00/account
Fuel Surcharge Component **. $ 3.65 per haul
EXHIBIT F
CITY OF GRAND TERRACE
MONTHLY COMMERCIAL BIN COLLECTION RATES OF JULY 2007
WITH DISPOSAL INCREASE
81N SIZE- i URIC 3 UBIC • ARD • .UBIC
3 CUEBIC YARD
ARD ARD ARD
ONSTRUCTION
I UMBER OF I-'■■■.■
OLLECTIONS
I•ER WEEK
I 184.08 M 112.09 $ 148.26 $ 214.42 $61.09
a.....1153.03 a 09.47 IMMIMMIMMS. 122.17
Ma 37.10 MalaIIMI 30.00 11.628.71 '. 183.26
Milainall.578,37 MO842.55 $ 244.35
5 ,04.67 1545,93 MMII/MM 1,056.96 '. 305.44.
I1 89.04 ISI$ 873.96 $ 1,271.38 $ -