USA Waste of California, Inc.-1997-08 q-7_og
AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND USA
WASTE OF CALIFORNIA, INC. FOR THE PROVISION OF INTEGRATED
WASTE MANAGEMENT SERVICES
This Franchise Agreement ("Franchise Agreement") is entered into this
14th day of,July, 1997 by and between the CITY OF GRAND TERRACE ("City")
and USA Waste of California, Inc., a Delaware Corporation (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 in residential areas 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 residential properties within
City Limits;
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
SECTION 1. GRANT OF RESIDENTIAL EXCLUSIVE FRANCHISE.
This Franchise Agreement grants an exclusive franchise as provided
herein and pursuant to Ordinance No. 162 . of City of Grand Terrace and
California Public Resources Code Section 40059 (a)(1) to USA Waste of
California, Inc. for the collection, transportation, recycling, composting, and
disposal of solid waste and construction debris for residential areas within the
City of Grand Terrace. City reserves the right to amend Ordinance No. 162 and
the terms of this Agreement in any manner necessary for the safety or welfare
of the public or to protect the public interests. This Franchise Agreement shall
be in force and effect beginning June 26, 1997 or the date of purchase of the
stock of BFI/Loma Linda Disposal Company by Contractor, whichever occurs
City of Grand Terrace-$Residential Solid Waste Franchise Agreement- USA Waste of California,Inc-Page Y
later, within the corporate limits of the City as they now or may hereafter exist,
as shown in Exhibit "A", Franchise Area.
SECTION 2. DEFINITIONS
Whenever 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 definitions 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. "Bins" shall mean those containers provided by Contractor for
multi-family residential uses. Bins are of two types: (1) Bins (usually 3
cubic yards in size) which are picked up by refuse trucks by means of
front loading apparatus; and (11) Roll-off Bins (usually 40 cubic yards in
size) which are picked up by trucks using rear loading winches onto rails.
C. 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.
D. Curbside. "Curbside" means a location for placement of refuse containers
that provides for convenient and efficient access by collection equipment.
E. 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.
F. Contractor. "Contractor" means USA Waste of California, Inc. a Delaware
Corporation, the entity granted the Franchise pursuant to this Franchise
Agreement.
G. Greenwaste. "Green Waste" shall mean plant material (leaves, grass,
branches, brush, flowers, tree wood waste, etc.); and debris commonly
thrown away in the course of maintaining yards and gardens; and other
particular biodegradable waste.
City of Grand Terrace-t Residential Solid Waste Franchise Agreement- USA Waste of California,Inc Page 2
H. Recyclables. "Recyclables" 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.
I. Residential. Residential includes single family residences, multi-family
residences, including apartments and condominiums, but does not
include hotels or motels.
J. Solid Waste. "Solid Waste" shall mean all waste that is acceptable for
disposal in a Class Ill Landfill and it shall not include Special Waste as
defined herein and/or waste designated for Class I or Class 11 Landfills.
K. 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 49S20 of the Public Resources Code.
SECTION 4. FRANCHISE AREA.
The Franchise Area granted by this Franchise Agreement shall be all
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 and green waste. Mechanized shall
mean that Contractor shall provide collector trucks that are capable of picking
City of Grand Terrace-t Residential Solid Waste Franchise Agreement- USA Waste of California,Ina Page 3
up containers, emptying them into collector truck and then returning them to
the curbside.
Parameters of this service shall include:
(i) Weekly Service: Once each week, Contractor shall collect the solid
waste 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 recyclables 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.
(3) Recycling: Contractor will collect recyclables every other week.
Within six months, City and contractor will evaluate and consider
the necessity of weekly service. If deemed necessary, contractor
will collect recyclables weekly.
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:
(1 ) 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 recyclables
(except household hazardous waste) which have been placed
for collection in solid waste or recycling bins.
City of Grand Terrace-t Residential Solid Waste Franchise Agreement- USA Waste of California,Inc.Page 4
(2) Bulky Item and Household Hazardous Waste Services. In addition
to weekly service, Contractor shall provide bulky item services to
multi-family residences.
C. Additional Services
(1 ) CommunityService 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.
(3) Construction _ and Temporary BinlRoll-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 acceptable under this
program. All refuse placed in the containers must fit into the
container, and not exceed the dimensions of the container.
City of Grand Terrace-t Residential Solid Waste Franchise Agreement-USA Waste of California,Inc.Page S
(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) Bulky Item Services. 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.
City of Grand Terrace-t Residential Solid Waste Franchise Agreement- USA Waste of California,Ina Page 6
(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
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 A8939 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 A13939). 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 Recyclables for each household having residential Refuse
(can) service in the program. The Recycling Containers shall have a
minimum capacity of 18 gallons. The Recycling Containers shall bear a City
recycling logo and identification plate on which the citizen may place their
address. 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 replacement of lost or damaged
recycling containers at no cost to the City or to the resident.
4) Contractor shall maintain an adequate stock of Recycling Containers to
immediately replace lost, stolen, or damaged Recycling Containers.
City of Grand Terrace-t Residential Solid Waste Franchise Agreement-USA Waste of California,Ina Page 7
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 once every
two weeks.
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 {junk mail/magazines)
* Chipboard, Cardboard and Phone Books
* Rigid Containers, defined as aluminum Cans, HDPE and Pet
Plastics, All Colors of Glass Containers and Bi-Metal Cans.
7) Recycling Buy-Back Center. Contractor agrees to establish and operate a
Buy-Back Center for California Redemption items within the City of Grand
Terrace. This center shall be in operation within 60 days after receiving
approval from the State of California, and shall be continuously operated for
as long as the State of California underwrites a value redemption program or
the term of this agreement, whichever terminates first.
8) 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 Recycling Materials, 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.
City of Grand Terrace-t Residential Solid Waste Franchise Agreement- USA Waste of California,Ina Page 8
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.
(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.
City of Grand 7 errace-t Residential Solid Waste Franchise Agreement- USA Waste of California,Inc.Page 9
C. 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.
A. 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.
(l } After thirty (30) days following Contractor's failure to pay the
City an amount owing under this Franchise Agreement, the
cash bond may be 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.
City of Grand Terrace-1 Residential Solid Waste Franchise Agreement- USA Waste of California, Inc.Page 10
(c) Monetary remedies or damages assessed against
Contractor due to breach of the Franchise
Agreement.
(2) The Contractor shall deposit a sum of money sufficient to
restore the cash bond to the original amount within thirty
(30) days after notice from the City that any amount has
been withdrawn from the cash bond.
B. Insurance Coverage. Contemporaneously with the execution of this
Franchise Agreement, the Contractor shall deposit endorsements
evidencing the existence of policies of Insurance required pursuant to
this Franchise Agreement. In addition, Contractor shall make its policies
available for review at a location in San Bernardino or Riverside County
upon receipt of seventy-two (72) hours advance written notice from the
City.
SECTION S. FRANCHISE TERM.
The Franchise term expires on October 30, 2006.
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,
City of Grand Terrace-1 Residential Solid Waste Franchise Agreement- USA Waste of California,Inc.Page 11
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, 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.
Contractor shall pay City a Franchise Fee of 10% of gross revenues, minus the
Household Hazardous Waste fee.
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 manner prescribed by the
City Manager. The application shall include the payment and
reimbursement to City of up to $10,000 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
City of Grand Terrace-t Residential Solid Waste Franchise Agreement- USA Waste of California,Ina Page 12
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 of receipt of the City Manager's
decision. Within ten 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 0 4) 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
representatives 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.
City of Grand Terrace-t Residential Solid Waste Franchise Agreement- USA Waste of California,Inc. Page 13
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.
(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.
City of Grand Terrace-t Residential Solid Waste Franchise Agreement- USA Waste of California, Ina Page 14
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: (1) Substantial damage results to
members of the public who are denied services or denied
quality or reliable services; (11) 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; (ICI) 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.
(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 the San Bernardino-Riverside area on March 1
and effective July 1 of each year. In addition, the Council
may order the assessment against the cash bond required by
Section 7A, 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.
City of Grand Terrace-1 Residential Solid Waste Franchise Agreement- USA Waste of California,Inc.Page 15
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 7A, 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 (1) order the City or Contractor to
undertake remedial action to cure the breach ad to prevent occurrence of
similar breaches in the future; (11) Assess damages and/or levy a penalty
upon the City or the Contractor consistent with the terms of this
Franchise Agreement; or (Ill) Find there has been no breach. If the
hearing officer finds there has been no breach, such a decision precludes
the City from conducting a default hearing. For any occurrence or series
of related occurrences, the penalty shall be reasonably related to the
seriousness of the breach of the Franchise Agreement, and may be levied
in addition to damages.
D. The party losing the hearing shall be liable for the hearing officer's fees.
City of Grand Terrace-t Residential Solid Waste Franchise Agreement- USA Waste of California, Ina Page 16
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.OS shall apply.
G. Neither party may communicate separately with the hearing officer after
the hearing officer has been selected. All subsequent 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.
City of Grand Terrace-t Residential Solid Waste Franchise Agreement- USA Waste of California,Ina Page 17
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:
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, compostables,
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,
City of Grand Terrace-t Residential Solid Waste Franchise Agreement-USA Waste of California,Ina Page 18
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.
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 A6939.
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.
City of Grand Terrace-t Residential Solid Waste Franchise Agreement- USA Waste of California,Inc.Page 19
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 A13939.
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
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;
City of Grand Terrace-t Residential Solid Waste Franchise Agreement- USA Waste of California, Ina Page 20
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 recyclables 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. 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:
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.
City of Grand Terrace-t Residential Solid Waste Franchise Agreement- USA Waste of California,Inc.Page 21
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 and those of its parent, 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.
D. 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
misleading 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
and 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.
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:
City of Grand Terrace-t Residential Solid Waste Franchise Agreement-USA Waste of California,Ina Page 22
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 recyclables, and the expense of collecting and transporting the
recyclables.
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 Contractor agree to consider reasonable
modifications 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 A8939'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.
City of Grand Terrace-t Residential Solid Waste Franchise Agreement- USA Waste of California,Ina Page 23
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 "D" "Schedule of
Rates", as those rates may be amended by Resolution of City Council.
B. Modification and Adjustment of Rates. Except as provided in Exhibit "D",
the rates set forth on Exhibit "D" 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 revenues
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 recyclables.
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.
E. Resolution of Disputes Regarding Rate Adjustments. Any dispute
regarding the Annual Rate Adjustment and Landfill Tipping Fee
adjustment, or the computation thereof, described in Exhibit "D", or any
other dispute regarding Contractor's reimbursement for fees, special
services, or extraordinary costs described in Exhibit "D" , shall be decided
by the City Manager, or referred by the Manager to the City Council, or
the hearing officer, as appropriate.
F. 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
monthly in advance, or as determined appropriate by the Contractor, for
commercial and all bin service customers, and shall be made monthly in
advance for all residential customers.
G. 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.
City of Grand Terrace-t Residential Solid Waste Franchise Agreement- USA Waste of California,Inc.Page 24
H. 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.
I. 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.
J. 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
City of Grand Terrace-t Residential Solid Waste Franchise Agreement- USA Waste of California,Inc.Page 25
Agreement, "USA Waste Services" 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.
S. "USA Waste Services", 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.
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.
(i ) 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 listing 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
City of Grand Terrace-t Residential Solid Waste Franchise Agreement- USA Waste of California,Ina Page 26
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 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. 1f 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.
City of Grand Terrace-1 Residential Solid Waste Franchise Agreement- USA Waste of California,Inc. Page 27
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.
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,
City of Grand Terrace-t Residential Solid Waste Franchise Agreement- USA Waste of California,Inc.Page 28
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. 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, remediation 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 (regardless of whether undertaken due to
governmental action) concerning any 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
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.
City of Grand Terrace-t Residential Solid Waste Franchise Agreement- USA Waste of California,Ina Page 29
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 A13939, 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 FWE 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 MIWON DOLLARS
($4,000,000.00) aggregate and ONE MIWON DOLLARS ($1,000,000.00) per
occurrence for bodily injury and property damage, with any self-insured
City of Grand Terrace-t Residential Solid Waste Franchise Agreement- USA Waste of California,Inc.Page 30
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. 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
City of Grand Terrace-t Residential Solid Waste Franchise Agreement- USA Waste of California,Ina Page 31
considering all relevant factors, including the fact that the parent of
Contractor may be self-insured up to a certain 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 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 nay 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
City of Grand Terrace-t Residential Solid Waste Franchise Agreement- USA Waste of California,Inc-Page 32
bin/roll-off services and the collection, transportation, recycling,
composting, and disposal of solid waste and construction debris by
Contractor as required under this Franchise Agreement, City may elect to
exercise its rights under Section 15 of 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.
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
City of Grand Terrace-t Residential Solid Waste Franchise Agreement- USA Waste of California,Ina Page 33
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 be amended, and as implemented by regulations of the
California Integrated Waste Management Board (Regulations), as they
from 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.
1. 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
To Contractor: USA Waste of California, Inc.
800 S. Temescal St.
Corona, CA 91719
Attn: District Manager
Fax: (909) 734-5630
City of Grand Terrace-t Residential Solid Waste Franchise Agreement- USA Waste of California,Inc Page 34
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 Entirety. 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 to be terminated
and void subject to those rights which may have existed prior to the date
of this Agreement.
L. Exhibits Incorporated. Exhibits "A" through "E" are attached to and
incorporated into this Franchise Agreement by reference.
M. Identification Required.
(1 ) Contractor shall provide its employees, and sub-contractors
with identification for all individuals who may 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
yearly of the form of said identification.
PASSED, APPROVED, AND ADOPTED this 26 day of .Tune , 1997.
&V""— -k- 1�jZ�
May of the City of Grand terrace and to
the City Council thereof.
ATTEST:
CITY CLERK
City of Grand Terrace-t Residential Solid Waste Franchise Agreement- USA Waste of California, Inc. Page 35
APPROVED AS TO FORM:
CITY ATTORN
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO)ss.
CITY OF GRAND TERRACE )
1, BRENDA STANFILL, CITY CLERK of the CITY OF GRAND TERRACE, CALIFORNIA,
DO HEREBY CERTIFY that the foregoing Franchise Agreement was duly passed,
approved and adopted by the City Council, approved and signed by the Mayor,
and attested by the City Clerk, all at the meeting of said City Council held on
the ?6tt day of �u_n_�_, Z 997, and that the same was passed and adopted by
the following vote:
AYES: Councilmembers Hilkey, singlet', and Garcia; Mayor Pro Tem Buchanan;
Mayor Matteson
NOES: None
ABSENT: None
ABSTAIN: None /
CITY CLERK
CITY OF GRAND TERRACE
IN WITNESS WHEREOF: The parties hereto, on the day and year first written
above, have executed this Agreement.
USA Waste of California, Inc AZ
U+ee President
BY: BY: 4..
City Manager, City of Grand Terrace Mayor City of Grand Terrace, California
City of Grand Terrace-t Residential Solid Waste Franchise Agreement- USA Waste of California,Ina Page 36
ATTEST:
BY: ( &-a4L I�Lx 6JJ9
City Clerk, City of Gra d Terrace
APPROVED AS TO FORM:
BY:,\ Y�w �
ity Attorne
City of Grand Terrace-t Residential Solid Waste Franchise Agreement- USA Waste of California,Inc.Page 37
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.
City of Grand Terrace-t Residential Solid Waste Franchise Agreement- USA Waste of California,Inc.Page 38
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 Ill Landfill.
Waste which has been rejected from disposal at a landfill.
City of Grand Terrace-t Residential Solid Waste Franchise Agreement- USA Waste of California,Ina Page 39
EXH I BIT "C"
RECYCLING PROGRAMS SERVICE COMMENCEMENT
AB939 TOPICS, 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 A13939).
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 recyclable
of not less than 18 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.
City of Grand Terrace-t Residential Solid Waste Franchise Agreement- USA Waste of California,Ina Page 40
F. The failure of Contractor to achieve any of the above shall be deemed a
material breach of this Franchise Agreement.
City of Grand Terrace-t Residential Solid Waste Franchise Agreement- USA Waste of California,Ina Page 41
EXHIBIT "D"
SCHEDULE OF RATES
1 . SINGLE FAMILY RESIDENTIAL SERVICE RATE
Single family service rates shall be based on the following formula.
FORMULA: Contractor's pick-up fee + Landfill Fee (Based upon average tons
per home) + Green Waste Charge + Recycling Charge + Household
Hazardous Waste Fee + Franchise Fee
The Franchise Fee Calculation will be 10% of the Contractors pick-up Charge +
Landfill Fee + Green Waste Charge + Recycling Charge
Beginning October 1 , 1996 the Single Family Residential Rates will be as
follows:
68 Gallon Container: $16.78 based on the following:
Contractors Pick-up Fee $10.80
Landfill Charge $2.15
(Based upon .78 tons per home per year at $33 per ton)
Green Waste Charge $.65
(Based upon 30% or .48 tons per year diversion at $16.25 per ton)
Recycling Charge $1 .47
Franchise Fee $1 .51 (10% of Gross)
Household Hazardous Waste Fee $.20
96 Gallon Container: $17.80 per month based on the following:
Contractors Pick-up Fee $10.80
Landfill Charge $3.09
(Based upon 1 .12 tons per home per year at $33 per ton)
Green Waste Charge $.65
Recycling Charge $1 .47
(Based upon 30% or .48 tons per year diversion at $16.25 per ton)
City of Grand Terrace-t Residential Solid Waste Franchise Agreement-USA Waste of California,Ina Page 42
Franchise Fee $1 .60 (10% of Gross)
Household Hazardous Waste Fee $.20
Z. 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 $9.03 per month.
C. Special enclosure cleanup service as described in Section 5.g(3) 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.
D. 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.
E. 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.
F. 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
City of Grand Terrace-t Residential Solid Waste Franchise Agreement- USA Waste of California,Ina Page 43
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 15S of each year, the above refuse rates shall be adjusted as follows:
A. The landfill fee portion of each rate designated above shall be adjusted 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.
B. 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.
A. The contractor shall pay to the City a franchise fee of 10% gross
revenues.
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
City of Grand Terrace-t Residential Solid Waste Franchise Agreement- USA Waste of California,Ina Page 44
container. Reinstatement of the account along with delivery of the
containerwill be $20.00.
City of Grand Terrace-t Residential Solid Waste Franchise Agreement- USA Waste of California,Ina Page 45