2010/12/21 USA Waste of California, Inc. Solid Waste Franchise AgreementSOLID WASTE FRANCHISE AGREEMENT
This Agreement is made and entered into on this 21 st day of December, 2010 ("Effective
Date") by and between the City of Menifee ("City"), a municipal corporation, and USA
Waste of California, Inc., a Delaware corporation ("Contractor").
WITNESSETH:
The City was incorporated on October 1, 2008, and has been receiving solid waste handling
services in accordance with a prior agreement between Contractor and Riverside County
entered into prior to incorporation.
The parties wish to enter into a new agreement to provide solid waste services that is specific
to the City and addresses its particular needs and requirements.
In accordance with California Public Resources Code Section 40059(a)(2), the City has
determined that the public health, safety, and welfare require that an exclusive franchise be
awarded to a qualified solid waste enterprise for the collection, transportation, recycling,
processing, and disposal of solid waste, and for other related services, to meet the goals and
objectives of AB 939.
It is the intent of the parties hereto to provide for the exclusive right of collection of all solid
waste from residential, industrial and commercial premises within the City, in accordance
with the terms and conditions set forth herein.
NOW, THEREFORE, for good and valuable consideration, the receipt of which is
acknowledged, the parties agree as follows:
1. DEFINITIONS. The following words and phrases used in this Agreement shall be
defined in accordance with the definitions set forth herein. In the event of a conflict
between these definitions and those set forth in the Menifee Municipal Code, the
definitions set forth herein will prevail:
1.1. AB939 or ACT means the California Integrated Waste Management Act of
1989, as amended (Public Resources Code Section 40000 et seq.), and implementing
regulations of the California Department of Resources Recovery and Recycling.
1.2. ACCOUNT means premises located within the City receiving services
pursuant to this Agreement, or the person arranging for services pursuant to this
Agreement, as the case may be. The word "account" is used interchangeably with the
word "customer" in this Agreement.
1.3. ACTIVATION FEE means a fee charged by Contractor to compensate it for
expenses incurred where re-establishing service following a suspension of service due
to non-payment.
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1.4. AGREEMENT means this Solid Waste Franchise Agreement between the City
and Contractor, including all exhibits and attachments, and any amendments.
1.5. BAGSTERO BAG means a soft -sided polypropylene Container that can hold
up to 3,000 pounds of solid waste, is purchased by the customer at a local hardware
or home supply store by the customer, and is collected by Contractor using a special
vehicle with an overhead crane.
1.6. BAGSTERO SERVICE means a method for residential or
commercial/industrial customers to arrange for collection solid waste as an alternative
to temporary bin or roll -off box service, using a BagsterO bag. Contractor will
provide for collection/processing of the BagsterO bag. Bagster0 service is
considered a special temporary service. BagsterO service is intended as a service
additional to, and not as a substitution for, temporary bin or roll -off service.
7. BIN means a metal or rigid plastic container with a capacity of one to eight
cubic yards, having a hinged lid and wheels, which is serviced by a front-end loading
truck.
1.8. BIN SERVICE means collection services provided to accounts using bins
provided by Contractor. Bin service may be provided to either residential premises or
commercial/industrial premises on a permanent or temporary basis.
1.9. BIOHAZARDOUS WASTE means those materials defined as "biohazardous
waste" in Health and Safety Code § 117635.
1.10. BULKY ITEMS means discarded furniture (including but not limited to chairs,
sofas, mattresses, and rugs); appliances (including but not limited to refrigerators,
ranges, washers, dryers, water heaters, dishwashers, plumbing, small household
appliances, and other similar items, commonly known as "white goods"); discarded
stereos, televisions, computers, VCR's, and other similar items (commonly known as
"e-waste"); wood waste, tree trunks, and large branches if more than six inches in
diameter or four feet in length, or scrap wood. Bulky items do not include
construction and demolition waste, or large items such as car bodies, Jacuzzi tubs or
spas, or other items that cannot be handled by two persons. In addition, bulky items
do not include waste tires or Universal Waste.
1.11. CALRECYCLE means the California Department of Resources Recycling and
Recovery, or any successor agency.
12. CART means a plastic container having a hinged lid and wheels, which is
serviced by an automated side -loading truck.
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1.13. CART SERVICE means collection services provided to accounts using carts
provided by Contractor. Cart service may be provided to either residential premises
or commercial/industrial premises on a permanent basis.
1.14. CITY means the City of Menifee.
1.15. COMMERCIAL/INDUSTRIAL PREMISES means property upon which a
business activity is conducted, including but not limited to retail sales, services,
manufacturing, assembling, storage, or wholesale operations, but excluding
businesses conducted upon residential premises that are permitted under applicable
zoning regulations and that do not constitute the primary use of the property.
Commercial/industrial premises may receive bin service, roll -off service or cart
service. Commercial/industrial premises also include multi -family complexes,
apartment houses, condominiums, mixed condominiums and rental housing, senior
citizen housing complexes, and mobile home parks receiving permanent bin service
or permanent roll -off service.
1.16. CONSTRUCTION DEMOLITION WASTE means used or discarded
construction materials removed from a premises during the construction, renovation
or demolition of a structure or premises, including rocks, soil, tree remains, and other
green waste which normally results from land clearing or land development
operations.
1.17. CONTAINER means a cart, bin, roll -off box, Bagster® bag, or other
receptacle for solid waste, recyclable material or green waste.
1.18. CONTAMINATION FEE means an amount charged by Contractor to
commercial/industrial accounts to recover its costs for separating solid waste placed
in recyclable materials or green waste containers, or for arranging special,
unscheduled solid waste collections, due to placement of solid waste in recyclable
materials or green waste containers.
1.19. CONTRACTOR means USA Waste of California, Inc., a Delaware
corporation.
1.20. CPI means the Consumer Price Index ("CPI"), All Urban Consumers, for the
Los Angeles/Riverside/Orange County metropolitan area, All Items, Base Period
1982-84 = 100, as published by the United States Department of Labor, Bureau of
Labor Statistics, or an equivalent index in the event the CPI is eliminated or fails to
be published.
1.21. DWELLING UNIT for purposes of this Agreement means any single family
premises or any individual living unit in a multi family premises intended for, or
capable of being utilized for, residential living.
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1.22. E-WASTE means discarded stereos, televisions, computers, VCR's, and other
similar items, including but not limited to any "covered electronic device" as defined
in Public Resources Code §42463(f).
1.23. FOOD WASTE means solid waste comprised of animal, fruit or vegetable
matter that results from the preparation, consumption, decay, dealing in or storage of
meats, fish, fowls, fruits or vegetables.
1.24. GREEN WASTE means leaves, grass, weeds, and wood materials from trees
and shrubs that fit within a cart, or tree trunks or limbs that are less then six inches in
diameter or four feet in length. Materials not meeting these specifications are
considered bulky items. Green waste does not include palm fronds.
1.25. GROSS RECEIPTS means all monetary amounts actually collected or
received by Contractor for the collection of solid waste, green waste, and recyclable
material pursuant to this Agreement (and includes but is not limited to, overage fees,
roll off service fees, bin rental fees. Gross receipts, for purposes of this Agreement,
shall not include Special Fees, receipts generated from the sale of recyclable material
(including CalRecycle beverage container recycling payments), or other receipts from
state and local government accounts.
1.26. HAZARDOUS WASTE means any waste materials or mixture of wastes
defined as such pursuant to the Resource Conservation and Recovery Act, 421 USC
Section 6901 et seq., as amended or the Comprehensive Environmental Response,
Compensation and Liability Act (CERCLA"), 42 USC Section 9601 et seq., as
amended. The term also means and includes any waste material defined as such by
the California Environmental Protection Agency or CalRecycle, or either of them.
Where there is a conflict in the definitions employed by two or more agencies having
jurisdiction over hazardous or solid waste, the term "Hazardous Waste" shall be
construed to have a broader, more encompassing definition.
1.27. LATE FEE means amounts charged by Contractor to reimburse it for
administrative costs arising from payment delinquency, including the cost of notices
and adjustments to its accounting records, and may include a fixed fee, interest on
past due amounts, or NSF fees.
1.28. OVERAGE FEE means a fee charged by Contractor to commercial/industrial
accounts to compensate it for its expenses in documenting and cleaning up litter and
debris arising from overfilling of containers.
1.29. PERMANENT SERVICE means routine, regularly -scheduled collection of
solid waste, recyclable material or, green waste in carts, bins or roll -off boxes on a
continuing basis, as opposed to temporary service.
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1.30. PREMISES means any land, building or structure in the City where solid
waste, recyclable material or green waste is generated or accumulated.
1.31. RECYCLABLE MATERIAL for purposes of this Agreement means any
material generated on or emanating from residential, commercial/ industrial accounts
that has been relinquished by the generator and which is collected, transported and
reused or processed into a form suitable for reuse through reprocessing or
remanufacture, consistent with the requirements of AB 939, including paper, glass,
cardboard, plastics, ferrous metal, aluminum, or other materials as determined from
time to time by mutual agreement between City and Customer.
1.32. RESIDENTIAL PREMISES means all property which is used for residential
purposes and which receives permanent cart service, including single-family
premises, multi -family premises, condominiums, and mobile home parks.
1.33. ROLL -OFF BOX means an open -top metal container or closed compactor box
with a capacity of 10 to 40 cubic yards that may be provided by either the account or
Contractor, which is serviced by a roll -off truck.
1.34. ROLL -OFF SERVICE means collection, transportation, recycling, processing
and disposal services that are provided using a roll -off box. Roll -off service may be
provided to either residential premises, industrial premises, or commercial/ industrial
premises on a permanent or temporary basis.
1.35. SOLID WASTE means "solid waste" as defined in Public Resources Code
Section 40191. For purposes of this Agreement, solid waste includes construction
and demolition waste, green waste, food waste, wood waste and recyclable material.
1.36. SPECIAL FEES means a charge imposed by Contractor in response to
improper actions by accounts, including fees for contamination, cleanup, cart or bin
repair or replacement arising from damage caused by the account, late payment, or
interest; or a charge for special services where a rate is not provided in Exhibit A.
1.37. SPECIAL WASTE means solid waste generated by a commercial or industrial
premises that is a "designated waste" under applicable law or regulations, is required
to be accompanied by a written manifest or shipping document describing the waste
under applicable law, or which requires special handling at any processing facility or
disposal site.
1.38. TEMPORARY SERVICE means bin service or roll -off service provided to
premises on a temporary, as -needed basis, such that no container remains on the
premises or a service location on a premises for more than thirty (30) calendar days at
a time, or for more than sixty (60) calendar days of any ninety (90) calendar day
period.
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1.39. UNIVERSAL WASTE means all waste defined by Title 22, Subsections
66273.1 through 66273 of the California Code of Regulations, which typically
include batteries, fluorescent tubes, and compact fluorescent bulbs.
1.40. WOOD WASTE means industrial dimension lumber, pallets, shipping
dunnage, and similar discarded processed wood materials.
2. SERVICES.
2.1. Subject to the requirements of applicable law, Contractor is hereby granted the
exclusive right and privilege to collect, transport, recycle and dispose of all solid
waste within the City, including recyclable material, green waste, food waste, wood
waste, and construction and demolition waste, generated at residential premises,
commercial/industrial premises, and government facilities (to the extent permitted by
law)now existing or hereafter constructed within the City during the term of this
Agreement.
2.2. During the term of this Agreement, except as otherwise provided in Section
2.4, or as may otherwise be provided by federal or state law, the rights granted to
Contractor under this Agreement will be exclusive to Contractor. The City will,
where reasonable, protect Contractor's exclusive rights by considering the adoption
of appropriate ordinances.
2.3. The City agrees not to enter into any contract with any other person, firm or
organization for the performance of the services required to be performed by
Contractor except, in the event Contractor fails, refuses or neglects to uphold the
terms of this Agreement in material breach thereof, the City may cause fulfillment of
this Agreement by other methods or contractors.
2.4. The franchise granted to Contractor is exclusive, except for the categories of
solid waste listed below. The granting of this franchise does not preclude the
categories of solid waste listed below from being delivered to, collected, and
transported by others, provided that no person is excused from obtaining from the
City any authorization that is required by law.
2.4.1. Recyclable material that an account sells to, or otherwise receives
compensation from, other persons in a manner resulting in a net payment to the
account after consideration of collection, handling, or processing costs.
2.4.2. Recyclable material donated to youth, civic, or charitable organizations.
2.4.3. Containers delivered for recycling under the California Beverage Container
Recycling Litter Reduction Act, Sections 14500, et seq., California Public
Resources Code.
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2.4.4. Green waste removed from premises by a gardening, landscaping, or tree
trimming company using its own equipment and employees as an incidental part
of a total service offered by the company, as opposed to a hauling service.
2.4.5. Construction and demolition waste that is incidentally removed by a duly
licensed construction or demolition company, as part of a total service offered by
such licensed company using its own equipment and employees.
2.4.6. Animal waste and remains from any slaughterhouse or butcher shop for use as
tallow.
2.4.7. Grease generated from food service providers.
2.4.8. Dead animals.
2.4.9. Agricultural waste, such as manure or bedding from poultry yards or stables.
2.4.10. Waste tires.
2.4.11. By-products of sewage treatment, including sludge, sludge ash, grit and
screenings.
2.4.12. Hazardous waste, biohazardous waste, universal waste, hazardous substances,
or special waste, regardless of its source, unless expressly provided for in this
Agreement.
2.4.13. The casual or emergency collection, removal, disposal, or diversion of solid
waste by the City through its officers or employees in the normal course of their
employment.
2.5. Changes in Service. The City may direct Contractor to perform additional
services or to modify the manner in which it performs existing services or bills for
services. Pilot programs and innovative services that may entail new collection
methods, different kinds of services or new requirements for customers, and
alternative rate structures are included among the kinds of changes that the City may
direct. Contractor will be entitled to an adjustment to the rate to reimburse its
increased costs if any for providing those additional or modified services, in
accordance with Section 17.10.2 of this Agreement.
2.6. Delegation of Authority. The administration of this agreement shall be under
the supervision of the Menifee City Manager's office, and the actions specified herein
shall be taken by the City Manager or his or her designees unless otherwise stated or
specified.
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2.7. Incorporation by Reference. The Menifee Municipal Code, as it currently
exists or may be amended, is hereby incorporated and made a part of this Agreement
as though set forth in full herein. In the event that an amendment to the Menifee
Municipal Code adopted subsequent to the effective date of this Agreement contains
terms, provisions or requirements that are inconsistent with this Agreement, the
parties agree to meet and confer for the purpose of resolving any issues arising from
such inconsistency.
2.8. Ownership of Solid Waste. Except as otherwise provided in state law with
respect to recyclable material, ownership and the right to possession of materials will
transfer directly from the account to Contractor at the time of collection. Contractor
has the right to retain, recycle, process, sell, dispose of or reuse, and otherwise use
that solid waste, green waste, or recyclable material, or any part thereof, in any lawful
fashion or for any lawful purpose. Contractor has the right to retain any benefit
resulting from its right to retain, recycle, process, sell, dispose of, or reuse the solid
waste, green waste, and recyclable material that it collects, including any funds
received directly or indirectly from any state or local agency, such as the CalRecycle
beverage container recycling payments.
3. REVENUE TO THE CITY.
3.1. Franchise Fee. Contractor shall pay a franchise fee of eight and one-half
percent (8.5%) of gross receipts, which is payable by Contractor to the City thirty
(30) calendar days after the close of each quarter during the term.
3.2. Environmental/Administration Fee. At the request of City, Contractor shall
invoice customers for an additional environmental/administration fee, of a type and in
an amount specified by the City. This fee shall be included as a separate line item on
all invoices. Franchisee shall remit payment to City of all fee amounts collected on a
monthly basis. The environmental/administration fee shall not affect the amount of
Contractor's compensation as determined in accordance with Section 17.
3.3. New or Increased Fees. The City has the right to impose new fees on the
provision of solid waste handling services, and to increase the amount or percentage
of the franchise fee from that set forth above. In such event, Contractor shall receive
an adjustment to the rates to fully compensate its increased costs, including, if
applicable, a one-time rate adjustment to the rates to fully compensate it where there
is any delay between the effective date of the new or increased fee and the date on
which it begins to receive increased compensation from billings related to the new or
increased fee.
4. TERM. This Agreement shall be for an initial term commencing on January 1, 2011 and
ending on December 31, 2018, subject to the following annual extension: The term of this
Agreement will be automatically extended each December 31, beginning on December
31, 2014, on an annual basis, for one additional year, making the remaining term of the
Agreement five (5) years from the date of the automatic extension. Commencing with the
automatic extension to occur on December 31, 2019, and thereafter, either party may give
written notice to the other party of its election not to automatically extend the term.
Written notice of either parry's election not to automatically extend the term must be
given on or before September 30, 2019, or September 30 of any subsequent calendar year.
Upon written notice of a parry's election not to extend the term, this Agreement will
expire on the later of (i) December 31, 2023 or (ii) four (4) years from December 31 of the
calendar year in which notice is given.
5. COMMERCIAL/INDUSTRIAL COLLECTION.
5.1. Solid Waste Bin Service.
5.1.1. Contractor shall provide permanent and temporary bin service to
commercial/industrial accounts. Contractor shall collect and remove all solid
waste that is placed in bins from every commercial/industrial account receiving
bin service. The service frequency and volume shall be subject to negotiation
and agreement between Contractor and the account. In no case shall the
frequency and volume of service be less than once a week. Bins provided by
Contractor shall have a volume of not less than and one and one-half (1 ''/z) cubic
yards. In the event the parties are unable to agree, then the question or questions
in dispute shall be submitted to the City Manager, who shall arbitrate the dispute
and render a decision. Contractor shall deliver and collect temporary bins at the
direction of the account.
5.1.2. Contractor shall provide other services desired by commercial/industrial
accounts receiving bin service, including walk-in/push-out service where the
container must be moved manually to the collection point, scout service, or use
of containers with castors, hasps or locks.
5.2. Solid Waste Roll -off Service.
5.2.1. Contractor shall provide permanent and temporary roll -off service to
commercial/industrial accounts. Contractor shall collect and remove all solid
waste that is placed in roll -off boxes from every commercial/industrial premises
receiving roll -off service, at least once every week or more frequently if required
to handle the waste stream of the commercial/industrial premises. Contractor
shall deliver and collect temporary roll -off boxes at the direction of the account,
and shall notify the City prior to delivering temporary roll -off boxes placed
within the public right away.
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5.2.2. Contractor shall provide extra services desired by commercial/industrial
accounts receiving roll -off service, including container weight above five (5)
tons, extra pickups, relocation of containers, trip charges where the account
refuses service, account -owned roll -off box hauling and disposal services, and
use of compactors and vertical compactors.
5.2.3. Roll -off loads consisting of construction and demolition waste will be
transported to a materials recovery facility for processing.
5.3. Solid Waste Cart Service.
5.3.1. Contractor shall provide permanent cart service to commercial/industrial
accounts where appropriate, based on space limitations and the amount of solid
waste generated, using one (1) approximately 95-gallon solid waste cart.
Contractor shall collect and remove all solid waste that is placed in carts from
every commercial/industrial premises receiving cart service, at least once every
week or more frequently if required to handle the waste stream of the
commercial/industrial premises. Accounts may obtain additional solid waste
carts from Contractor, at the rate set forth in Exhibit A.
5.4. Bagster0 Service. Contractor will, where commercially reasonable, make
BagsterO service, consisting of collection of the BagsterO bag and
processing/disposal, available to all commercial/industrial accounts purchasing a
BagsterO bag and requesting collection. BagsterO service is intended as a service
additional to, and not as a substitution for, temporary bin or roll -off service provided
in accordance with Sections 5.1 and 5.2.
5.5. Recyclable Material.
5.5.1. Contractor shall provide for collection of recyclable material from
commercial/industrial accounts, using bins, roll -off boxes or carts, depending
upon the account's needs.
5.5.2. Contractor shall collect and remove all recyclable material placed in containers
from every commercial/industrial premises receiving recyclable material
collection service, at a frequency required to handle the recyclable material
generated, or at least once every other week if the recyclable material contains
putrescible or degradable materials.
5.6. Commercial/Industrial Service Requirements.
5.6.1. Access to Containers. Contractor shall undertake all reasonable efforts to
complete collection service at each commercial/industrial account in accordance
with scheduled routing. If, at the time of collection at a commercial/industrial
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account, the container is not accessible to the collection vehicle, Contractor shall
notify the account by telephone of the situation and request that access be
provided. If the account is unavailable or unable to provide prompt access to the
container, Contractor shall provide pickup a later time, but may charge an extra
pickup fee, which will be charged as a special fee.
5.6.2. Missed Pick-ups. In the event that Contractor fails to provide collection
service to a commercial/industrial account, where the container(s) had been
timely and properly set out for collection, Contractor shall complete the
collection from the commercial/industrial account no later than the next business
day following notification of the missed pickup.
5.6.3. Overfilling of Containers. Where Contractor identifies instances of overfilling
of containers, it will document the overfilling through the use of film or digital
photography. Contractor may charge an overage fee for cleaning up the
container area and placing overfilled material into the collection vehicle. In
addition, Contractor will present evidence of the overfilling to both the City and
the commercial/industrial account. Where such evidence was presented to the
commercial/industrial account, and Contractor documents another instance of
overfilling within one (1) year of such presentation, Contractor is authorized to
charge an overage fee, deliver the next larger -sized container to the
commercial/industrial premises, and adjust the service rate to the rate then in
effect for the next larger -sized container. Contractor will maintain and provide
the City a log listing all commercial/industrial premises where overfilled material
was observed, and actions taken in response by Contractor, within thirty (30)
calendar days of the end of each calendar month. In addition, Contractor will
provide the City Manager or his/her designee with verbal notification prior to
delivering the next larger -sized container and adjusting the service rate at a
commercial/industrial account.
5.6.4. Record of Non -Collection. When solid waste is not collected by Contractor, a
tag shall be fastened to the container, which is the least 2-7/8", by 5-3/4" in size
indicating the reason for non -collection. Reasons for non -collection may include
the presence of hazardous waste, biohazardous waste, special waste (unless
arrangements for the collection of this waste have been made with the customer),
universal waste, or hazardous substances in the container, materials placed in
plastic bags or otherwise not in the required containers, the commingling of
recyclable material or green waste with solid waste, placement of yucca, palm
fronds or large tree trunks or limbs into the green waste container, or overfilling
of a roll -off box such that it would cause a violation of applicable weight
restrictions. Contractor shall promptly provide the City Manager or his/her
designee with verbal notification when contamination is observed. In addition,
Contractor shall maintain a log containing the name and address of each
commercial/industrial account where solid waste is tagged and the date of such
tagging, a copy of which shall be provided to the City quarterly, within thirty
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(30) calendar days of the end of each calendar quarter. Where there have been
three or more instances of non -collection at a commercial/industrial account in
any twelve (12) month period, Contractor may charge the commercial/industrial
account a contamination fee. Contractor shall provide the City Manager or
his/her designee with verbal notification prior to charging the contamination fee.
6. RESIDENTIAL SERVICES.
6.1. Solid Waste Cart Service.
6.1.1. Contractor shall collect solid waste delivered for collection at the curbside by
residential accounts not less than once each calendar week, at the rates set forth
in Exhibit A. Contractor shall supply each residential account with one (1)
approximately 95-gallon solid waste cart. In addition, residential accounts
generating a small volume of solid waste may request service using an
approximately 64-gallon cart, at a reduced rate.
6.1.2. Accounts may obtain additional solid waste carts from Contractor, at the rate
set forth in Exhibit A.
6.2. Solid Waste Bin and Roll -off Service.
6.2.1. Contractor shall provide temporary bin service and roll -off service to
residential accounts that request these services. Contractor shall deliver and
collect temporary bins at the direction of the account, and shall notify the City
prior to delivering temporary roll -off boxes placed within the public right of way.
6.2.2. Contractor shall provide extra services desired by residential accounts
receiving temporary roll -off service, including container weight above five (5)
tons, extra pickups, relocation of containers, trip charges where the account
refuses service, account -owned roll -off box hauling and disposal services, and
use of compactors and vertical compactors.
6.2.3. Roll -off loads consisting of construction and demolition waste will be
transported to a materials recovery facility for processing.
6.3. Green Waste Cart Service.
6.3.1. Contractor shall provide weekly cart service for collection of green waste to all
residential accounts, on the same day as solid waste collection. Contractor will
supply each residential premises with one (1) approximately 95-gallon green
waste cart.
6.3.2. Accounts may obtain additional green waste carts from Contractor, at the rate
set forth in Exhibit A.
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6.4. Recyclable Material Cart Service.
6.4.1. Contractor shall provide bi-weekly cart service for collection of recyclable
material to all residential accounts, on the same day as solid waste collection for
that week. Contractor shall supply each residential premises with one (1)
approximately 95- gallon recycling cart.
6.4.2. Accounts may obtain one (1) additional recyclable material cart from
Contractor at no change. Additional recyclable material carts may be obtained
from Contractor, which will be charged at the rate set forth in Exhibit A.
6.5. Bagster0 Service. Contractor will, where commercially reasonable, make
BagsterO service, consisting of collection of the Bagster0 bag and
processing/disposal, available to all residential accounts purchasing a Bagster0 bag
and requesting collection. Bagster0 service is intended as a service additional to, and
not as a substitution for, temporary bin or roll -off service provided in accordance with
Section 6.2.
6.6. Residential Service Requirements; Other Residential Services.
6.6.1. Collection Location. All carts will be serviced at curbside along a public
street. Accounts will be responsible for placing the carts at the proper location
for collection, except for residential premises receiving disabled service.
6.6.2. Record of Non- Collection. When solid waste is not collected by Contractor, a
tag shall be fastened to the container, which is the least 2-7/8", by 5-3/4" in size
indicating the reason for non -collection. Reasons for non -collection may include
the presence of hazardous waste, biohazardous waste, special waste, universal
waste or hazardous substances in the container, materials placed in plastic bags
or otherwise not in the required containers, placement of yucca, palm fronds or
large tree trunks or limbs into the green waste cart, overweight green waste carts,
the commingling of recyclable material or green waste with solid waste, or the
compacting of materials in such a manner that the contents of a container will not
of their own weight fall out of the container when it is turned upside down.
Contractor shall maintain a log containing the name and address of each account
where solid waste is tagged and the date of such tagging. The log shall be
maintained for inspection by representatives of the City upon request.
6.6.3. Missed Pick-ups. In the event that Contractor fails to provide collection
service to a residential account, where the containers had been timely and
properly set out for collection, Contractor will complete the collection from the
residential account no later than the next business day following notification of
the missed pickup.
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6.6.4. Holiday Tree Collection Program. Contractor will collect, transport and
recycle as alternate daily cover, or other reuse programs may be mutually agreed
upon between the City and Contractor, holiday trees which are placed at the
curbside at all residential premises on the two regularly -scheduled collection
days following Christmas Day. Contractor is not required to collect or accept
artificial holiday trees, or trees containing decorations, ornaments, tinsel, debris,
support stands or other foreign matter.
6.6.5. Bulky Items. Contractor will provide bulky items pickup service to all
residential accounts up to two (2) times each year at no additional charge.
Customers will provide Contractor with one (1) business day advance notice and
the bulky items will be collected on the next regular collection day. Additional
pickups are subject to an additional service fee.
6.6.6. Disabled Service. Upon authorization from the City, Contractor shall provide
back -yard service, at no additional cost, for disabled or physically challenged
residential accounts who provide a doctor's statement certifying their disabled
status and expected duration, along with a signed affidavit in a form provided by
Contractor stating that no able-bodied person is available at the residential
premises to bring carts to the collection location.
6.6.7. Used Oil Collection. Contractor shall collect used oil left at the curbside by
residential accounts in a container provided by Contractor, or an acceptable
container provided by the Customer, on the normal collection day. Contractor
shall leave a new used oil container at the curbside for future use following
collection.
6.6.8. Sharps Collection. Contractor will implement a program for collection and
safe processing of "sharps waste" generated at residential accounts, through a
community or mail -based program. "Sharps waste" includes, but is not limited
to, hypodermic needles, pen needles, intravenous needles, lancets, and other
devices that are used to penetrate the skin for the delivery of medications.
Contractor will develop and distribute public education materials to promote this
program. Customers using the mail -based service will receive one (1) sharps
container/mailing kit per calendar year at no charge. Additional sharps
containers/mailing kits will be available for a fee. The total value of sharps
waste collection services shall not exceed $7,500.00 during any July 1 — June 30
period during the term. The cost of sharps collection service is subject to
substantial increases. The parties agree to confer from time to time to review the
costs of providing this service, and to adjust service levels or rates as required to
equitably compensate Contractor for providing this service.
6.6.9. Home Composting. Contractor shall provide two (2) home composting
workshops at a location within the City each calendar year, at no additional cost.
Residential accounts successfully completing the workshop are eligible to
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receive a free composting bin for residential use, and may opt out of receiving
green waste collection service. Contractor is not obligated to provide more than
two hundred (200) free home composting bins each calendar year. If distribution
of additional home composting bins is warranted based on customer demand, this
may be provided as a changed service in accordance with Section 2.5.
6.6.10. Universal Waste. Contractor shall provide for collection of certain Universal
Waste through its Lamptracker program, which will provide a mail -in service for
fluorescent tubes and compact fluorescent bulbs. The annual cost to Contractor
to provide this service shall not exceed one thousand dollars ($1,000.00).
6.6.11. Used Battery Recycling. Contractor shall provide one (1) BatteryTracker used
battery container at agreed upon City facilities, as specified by the City, for use
by residential accounts. Contractor will remove the container when full and
replace it with an empty container. The annual cost to Contractor to provide this
service shall not exceed one thousand one hundred dollars ($1,100.00).
Contractor will provide City a quarterly report regarding usage of BatteryTracker
containers and the amount spent to date to provide this service. If additional
servicing of containers is warranted based on customer demand, this may be
provided as a changed service in accordance with Section 2.5, or if the additional
costs are within 15% the Contractor will cover the costs.
7. CITE' FACILITIES AND SERVICES.
7.1. Contractor will provide solid waste, green waste, and recyclable material
collection services at designated facilities at no charge to the City. Locations and
required services are described in Exhibit B hereto. In addition, Contractor will
perform a waste audit of each City facility designated, and implement a
comprehensive waste diversion program, including education of City employees, at
no additional cost. Additional services at City facilities, whether requested by the
City or recommended in connection with the waste audit, will be provided as a
changed service in accordance with Section 2.5.
7.2. Community Cleanups. Contractor shall provide up to thirty-five (35) roll -off
boxes each calendar year, delivered to locations determined by the City, two (2) times
per calendar year for collection of solid waste, green waste, bulky -items and e-waste.
These events shall take place on a selected Saturday agreed upon by the City and
Contractor, and shall occur between the hours of 8:00 a.m. and 1:00 p.m. The City
shall use reasonable efforts to have disposal costs waived by Riverside County.
Contractor shall deliver rolloff containers to the agreed upon collection locations and
shall cooperate with the City to remove containers and dispose of collected solid
waste at the end of the event.
7.3. Emergency Service. Contractor will assist City at the City's request with
emergency collection service in the event of major disaster, such as an earthquake,
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storm, riot or civil disturbance, by providing equipment and drivers normally
assigned to City. Contractor may charge City for actual disposal costs, plus service
rates in accordance with Exhibit A. Within sixty (60) calendar days of the effective
date of this Agreement, Contractor shall submit a disaster preparedness plan for
review and approval by the City.
7.4. Illegal Dumping.
7.4.1. Contractor shall arrange to remove and dispose of illegally dumped materials
on the public right of way in the City, within two (2) business days from its
observation of the illegally dumped material or a request for removal from the
City, as the case may be. Contractor shall provide an accounting of the cost of
providing this service annually to the City, and Contractor may request an
adjustment in rates to reimburse it for a substantial increase in costs to provide
this service under Section 17.10.2.
7.4.2. Abandoned vehicles and objects or appliances larger than conventional
household furniture or appliances as well as hazardous, special and biohazardous
wastes are exempt from the above requirements, provided, however, that of these
exempted items noted within the public right of way are to be immediately
reported to the City.
7.5. Large Venue Recycling. Contractor agrees to carry out all requirements of
Public Resources Code Sections 42648 through 42648.7 (AB 2176) applicable to a
solid waste enterprise, and to cooperate with City to facilitate compliance with these
provisions by large event operators.
7.6. Climate Change. Contractor will assist the City in monitoring the
development of regulatory programs to implement state climate change legislation
(AB 32), and in developing programs and tracking mechanisms as required for
compliance at the request of the City, as a change in service under Section 2.5.
8. CUSTOMER SERVICE; COMPLAINTS
8.1. Office Hours. Contractor shall maintain a customer service office with
assigned personnel accessible by a local phone number or a toll -free number to
receive customer requests directed to City. Contractor's office hours shall be from
8:00 a.m. to 5:00 p.m. on Monday -Friday, and 8:00 a.m. to 12:00 p.m. on Saturdays.
8.2. Emergency Telephone Number. Contractor shall maintain an emergency
telephone number, for use by City personnel only, outside office hours identified in
Section 8.1. Contractor shall have a representative, or an answering or call -
forwarding service to contact such representative, available at the emergency
telephone number during all hours other than office hours.
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8.3. Service Complaints. All customer complaints shall be directed or referred to
Contractor. During office hours, Contractor shall maintain a complaint service and a
telephone answering system. Contractor shall record all complaints, including date,
time, complainant's name and address if the complainant is willing to give this
information, and date and manner of resolution of complaint. Contractor shall
maintain this information in a computerized daily service complaint log. Any such
calls received via Contractor's answering service shall be recorded in the service
complaint log the following working day. A copy of the service complaint log for
each calendar quarter shall be submitted to the City, within thirty (30) calendar days
of the end of the calendar quarter.
8.4. Customer Service Standards. Contractor shall maintain a telephone answering
system capable of accepting at least fifteen (15) incoming calls at one time.
Contractor shall record all calls including any inquiries, service requests and
complaints into the service complaint log. All incoming calls will be answered
within five (5) rings. Any call "on -hold" in excess of 1.5 minutes shall have the
option to remain "on -hold" or to be switched to a message center where Customer
can leave a message. Contractor's customer service representative shall return
Customer calls. Contractor shall make a minimum of three (3) attempts within two
(2) business days of the receipt of the call. If Contractor is unable to reach the
Customer within two (2) business days, Contractor shall leave a voice message, and if
no voice recording is available shall send a postcard to the Customer on the third
business day after the call was received.
8.5. Resolution of Disputed Customer Complaints. Contractor shall notify
customers of the following complaint resolution procedure in the first set of public
education materials produced after the effective date, and at the time new customers
apply for or are provided service. Procedures for resolution of disputed claims shall
be as follows:
8.5.1. A customer dissatisfied with Contractor's decision regarding a complaint may
ask the City to review the complaint. To obtain this review, the customer may
request City review within thirty (30) calendar days of receipt of Contractor's
response to the complaint, or within forty-five (45) calendar 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.
8.5.2. Before reviewing the complaint, the City Manager shall refer it to the
Contractor. If the Contractor fails to cure the complaint within ten (10) calendar
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.
8.5.3. The City Manager shall determine if the Customer's complaint is justified, and
if so, what remedy, if any, shall be imposed. The remedy under this Section shall
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be limited to a rebate of customer charges related to the period of breach of any
of the terms of this Agreement or a penalty of up to one hundred dollars
($100.00) for any single event in addition to any actual damages.
8.5.4. The City Manager may delegate these duties to a designee.
9. EDUCATION AND PUBLIC AWARENESS.
9.1. General. Contractor acknowledges that education and public awareness are
essential elements of efforts to achieve AB 939 requirements. Accordingly, annually
on or before October 31 of each year during the term, Contractor shall develop or
update a public education and information program plan for review and approval by the
City Manager, to explain program offerings, maximize participation in the recycling
effort, and assist the City's overall sustainability efforts, and to provide information on
other matters such as holiday collection schedules, the availability of bulky items and
sharps collection, temporary collection services and other special collection services, as
well as procedures for complaints and service requests. In addition, Contractor shall
distribute electronic welcome brochures with the above information to new
residential customers at the time they apply for service. Contractor shall also
provide a website specific to the City providing the above information. The direct costs
of implementing the program shall be borne by Contractor.
9.2. City Newsletter. Contractor shall pay the City $2,500.00 quarterly for
publication and distribution of a City newsletter. Contractor shall be entitled to
editorial space of not less than one-half page in each edition of the newsletter, which
shall be utilized to promote waste diversion, sustainability efforts and community
partnerships.
9.3. Waste Generation/Characterization Studies. Contractor acknowledges that the
City may be required periodically to perform solid waste generation and disposal
characterization studies to comply with AB 939 or other waste diversion
requirements. Contractor agrees to participate in, and to cooperate with the City and
its agents in the preparation of these studies at no additional cost to the City.
10. OPERATIONS.
10.1. Collections.
10.1.1. Collection of solid waste, green waste and recyclable material from residential
premises will occur on Monday through Friday. Collection from
commercial/industrial premises may occur on Monday through Saturday.
Residential collection shall not begin prior to 6:00 am, and commercial/industrial
collection will not begin prior to 5:30 am where the commercial/industrial
premises are within five hundred (500) feet of an occupied residential premises.
Carts used for residential service shall be collected on the same collection service
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day. Where the normal collection day falls on a holiday, collection service shall
be provided on the next business day following the holiday, ending with
Saturday of that week. Holidays are New Years Day, Memorial Day, Fourth of
July, Labor Day, Thanksgiving, and Christmas.
10.1.2. Revised Routing Plan. Contractor may submit a revised routing plan, and may
implement the revised routing plan upon approval by the City Manager or his/her
designee. Following approval of the revised routing plan but prior to
implementation, Contractor shall provide notification to all affected accounts,
through written notices, electronic notices, telephone messages or otherwise. In
addition, for the first two (2) weeks following implementation of a revised
routing plan, Contractor shall provide for special collection at all accounts setting
out containers in accordance with the prior collection schedule, at no additional
cost.
10.1.3. 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
private street, court, place, easement, or other private property for the purpose of
providing solid waste handling services in accordance with this Agreement.
10.2. Vehicles
10.2.1. General. Contractor must provide collection vehicles sufficient in number and
capacity to efficiently perform the services required by this Agreement.
Contractor must have available on collection days at least one (1) auxiliary
vehicle to respond to any and all complaints and emergencies.
10.2.2. Vehicle Specifications. All collection vehicles conform to the highest industry
standards and shall be maintained in a clean and efficient condition. All
collection vehicles shall comply with all applicable provisions of South Coast
Air Quality Management District Rule 1193. The City and Contractor
understand and acknowledge in good faith that the requirements of revised Rule
1193, adopted on July 9, 2010, are not applicable to this Agreement because the
number of private fleet solid waste collection vehicles providing services to the
City is less than fifteen (15). In the event such Rule becomes applicable for any
reason, Contractor shall comply within the time frame provided by the Rule. In
addition, collection vehicles shall conform to applicable California Air
Resources Board requirements. The California Highway Patrol shall inspect all
collection vehicles annually. All certificates issued in the course of such
inspections shall be submitted to the City Manager following the execution of
this Agreement and upon each anniversary date during the term of this
Agreement. All vehicles and containers used to perform this Agreement shall be
kept clean and in good appearance, in good repair and will be uniformly painted
to the satisfaction of the City Manager.
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10.2.3. Vehicle Identification. Contractor's name, local telephone number, and a
unique vehicle identification number selected by Contractor and approved by the
City must be prominently displayed on all vehicles, in letters and numbers no
less than three inches high.
10.2.4. Vehicle Maintenance. Contractor must inspect each vehicle daily to ensure
that all equipment is operating properly. Vehicles that are not operating
properly, or vehicles in such a condition as to be unsafe or excessively noisy,
must be removed from service until repaired and operating properly. Contractor
must keep accurate records of all vehicle maintenance, recorded according to
date and mileage (or hours of operation), and must make those records available
to the City upon request.
10.2.5. City Inspection. The City Manager may order the removal of any vehicle from
service within the City if such vehicle is found to be in nonconformance with the
requirements of this Section 10.3. Any vehicle removed from service will not be
placed back into service without the approval of the City Manager.
10.2.6. Vehicle Operation.
10.2.6.1. Vehicles must be operated in compliance with the California Vehicle
Code, and all applicable local ordinances. Contractor may not intentionally
load vehicles in excess of limitations on vehicles imposed by state or local
weight restrictions.
10.2.6.2. Solid waste shall be covered at all times except when it is being loaded
or unloaded or when a vehicle is moving along the collection route.
10.2.7. Minimization of Spills. Contractor must use due care to prevent solid waste or
fluids from leaking or being spilled or scattered during the collection or
transportation process. If any solid waste or fluids leak, or are spilled during
collection, Contractor must promptly clean up those materials to the satisfaction
of the City. Each collection vehicle must carry a broom and shovel at all times
for this purpose. Contractor shall promptly provide the City Manager or his/her
designee with verbal notification whenever a spill occurs.
10.3. Containers.
10.3.1. Container Ownership. All containers provided by Contractor under this
Agreement shall remain the property of Contractor at all times.
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10.3.2. Cart Specifications. Contractor shall utilize carts for collection of solid waste,
green waste and recyclable material designed and manufactured in accordance
with standard industry specifications. The design of any new carts proposed to
be placed into service must be approved by the City Manager.
10.3.3. Cart Maintenance and Replacement Responsibilities. Contractor is responsible
for cart repair and maintenance, graffiti removal (within three (3) business days),
and replacing lost, stolen or damaged carts within seven (7) business days from
receipt of a request at no additional charge. Contractor may charge the account
for repairing or replacing a cart if the damage is due to loss, negligence or abuse
by the account. In no event may this charge be greater than Contractor's actual
cost for replacement parts or a new cart, and delivery. Each customer is entitled
to one replacement of the solid waste, recyclable materials and green waste carts
during the term of this Agreement, without charge, upon request. In addition,
Contractor will conduct an annual review of the overall condition of carts in use
in the City, and provide replacement carts as needed to assure that all carts in use
are serviceable and have a good appearance.
10.3.4. Bin Specifications. Contractor will provide bin containers for collection of
solid waste, and for the collection of recyclable material, as appropriate for
individual residential, industrial or commercial accounts. Contractor must
maintain its bins in a clean and sound condition, free from putrescible residue.
Repairs or graffiti removal requested by an account must be completed within
five (5) business days of Contractor's receipt of the request.
10.3.5. Bin Maintenance and Replacement Responsibilities. Contractor may charge
the account a fee for repairing or replacing a bin if the damage is due to loss,
negligence or abuse by the account, or for cleaning of a bin.
10.3.6. Roll -off Boxes Specifications. Contractor will provide clean roll -off boxes,
free from graffiti and equipped with reflectors. Contractor must properly cover
all open roll -off boxes during transport to the disposal site.
10.4. Personnel
10.4.1. Contractor must furnish such qualified drivers, mechanical, supervisory,
clerical, management and other personnel as may be necessary to provide the
services required by this Agreement in a satisfactory, safe, economical, and
efficient manner. All drivers must be trained and qualified in the operation of
vehicles they operate and must possess a valid license, of the appropriate class,
issued by the California Department of Motor Vehicles. Contractor shall utilize
a verification process to assure that all employees are legally entitled to work and
reside in the United States.
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10.4.2. Contractor must establish and vigorously enforce an educational program to
train Contractor's employees in the identification of hazardous waste.
Contractor's employees must not knowingly place any hazardous waste in the
collection vehicles, nor knowingly dispose of any hazardous waste at a
processing facility or disposal site.
10.4.3. Contractor must train its employees in customer courtesy, prohibit the use of
loud or profane language, and instruct collection crews to perform all work
quietly. Contractor must use its best efforts to assure that all employees present a
neat appearance and conduct themselves in a courteous manner.
10.4.4. Contractor may not discriminate in the provision of service or the employment
of persons engaged in the performance of this Agreement on account of race,
color, religion, sex, age, physical handicap or medical condition in violation of
any applicable federal or state law.
10.4.5. Contractor shall not, nor shall it permit any officer, agent, or employee
employed by it to, request, solicit, demand, or accept, either directly or
indirectly, any gratuity for services required under this Agreement.
10.5. Transportation of Solid Waste. Contractor must transport all solid waste
collected to a permitted transfer station, materials recovery facility or disposal site.
Contractor shall be responsible for payment of all disposal and processing fees or
charges. Contractor will use reasonable efforts to divert recyclable material from
landfill disposal.
10.6. Green Waste Diversion. Contractor will divert green waste collection from
disposal. Contractor will provide for end uses of green waste that maximize
diversion credit for the City according to regulations adopted by CalRecycle. Green
waste may be used as alternative daily cover ("ADC") to the extent that City will
receive full diversion credit. Contractor is responsible for monitoring how the green
waste will be diverted at selected processing facilities and for selecting alternative
facilities if necessary to ensure full diversion credit.
10.7. Solid Waste Management Plan; Diversion Rate.
10.7.1. The parties acknowledge and agree that the Act requires the City to develop and
implement a solid waste management plan that includes, among other components,
a Source Reduction and Recycling Element ("SRRE") and a Household
Hazardous Waste Element ("HHWE"). By executing this Agreement, the
Contractor acknowledges receipt of a copy of the SRRE and HHWE.
10.7.2. Contractor shall comply with Public Resources Code Section 41780 (diversion
rate) with respect to material collected pursuant to this Agreement. In
determining compliance with Section 41780, the City and Contractor agree to
22
cooperate in good faith to develop representative per capita disposal calculations
based on population, level of industry employment, or a combination of both
(e.g. hotels, assisted living facilities), as appropriate. Contractor shall provide
documentation to the City within thirty (30) calendar days of the end of each
calendar year stating and supporting that calendar year's diversion rate.
10.7.3.If Contractor fails to comply with Public Resources Code Section 41780,
Contractor must submit a plan for compliance, through implementation of
applicable portions of City's SRRE, within forty-five (45) calendar days of the
end of the calendar year. Contractor's plan is subject to approval by the City
Manager, and to be approved must constitute a good faith plan to implement
applicable portions of City's SRRE and be reasonably likely to achieve
compliance with Section 41780.
10.7.4. In the event that the State of California alters the requirements of Public
Resources Code Section 41780, the City may impose new or additional recycling
requirements in accordance with the City's SRRE. Contractor is entitled to an
rate adjustment for costs associated with these new or additional recycling
requirements as a change in service in accordance with Section 2.5.
11. REPORTING,
11.1. Contractor shall provide quarterly and annual reporting as outlined in this
Section. However, the City Manager reserves the right to request additional
information as necessary to meet AB 939 reporting requirements. All information
included in the reports shall be provided according to the source of generation. Waste
generator types are defined as follows:
11.1.1. Residential
11.1.2. Commercial/Industrial
11.1.3. Construction/Temporary Bin/Rolloff.
11.1.4. Annual Cleanup
11.1.5. City facilities
11.2. Quarterly Reports. The Contractor shall submit quarterly reports no later than
one month following the completion of each quarter. The quarterly reports shall
include the information collected and summarized on a monthly basis. Specifically,
Contractor shall provide the following quarterly reports:
11.2.1. Collection information. The quantity of solid waste collected by month and
the number of accounts serviced monthly. The quantities of solid waste,
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recyclable material, and green waste collected shall be reported in terms of
tonnage (or cubic yards if tonnage information is not available). Contractor shall
clearly specify any assumptions made in reporting of quantities.
11.2.2. Service performance. Summarize the entries made in the service log including
all praises, complaints, notifications of missed pickups, container overfilling, and
non -collection notices issued, and Contractor responses thereto. Identify the
total number of all written or oral customer comments and shall provide the
number of comments received in the following categories: praises, litter or
property damage complaints, misplacement of containers, stolen containers,
personnel complaints, missed pickups, and other.
11.2.3. Program implementation. Summarize the problems or barriers to
implementation of services for the quarter. The report shall address how the
problems and barriers were overcome or the proposed resolutions and schedule
for correcting theproblem.
11.3. Annual Reports. Contractor shall submit annual reports to the City no later
than January 31 of each year. The annual report will be in lieu of the quarterly report
for the fourth quarter of any calendar year. The Contractor will be responsible for
providing the following reports:
11.3.1. Summary reports. Provide a summary of information contained in the
quarterly reports. Clearly indicate the diversion rate for each waste sector type.
The diversion information provided shall include quantities of materials
collected, and the quantities recycled and composted for each waste generator
type. Contractor shall note unusual changes in disposal quantities and indicate
potential reason(s) for this change. The summary report shall include a
discussion of noteworthy experiences, and any problems in program operation
and how they were resolved.
11.3.2. Equipment inventory. Contractor shall provide a complete inventory of
collection equipment.
11.3.3. Future programs. The Contractor shall prepare a report that identifies any
future programs and/or facilities that may be needed but have not been planned
for.
11.3.4. Litigation information. The Contractor shall submit a summary of the current
status of any pending criminal or civil litigation that may have a material effect
on the Contractor's ability to perform its obligations under this Agreement.
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12. INSURANCE; PERFORMANCE BOND.
12.1. Liability Insurance.
12.1.1. Contractor agrees to obtain and keep in force during the term of this
Agreement, public liability and property damage insurance issued by a company
to be approved by the City Attorney in an amount of not less than $5,000,000.00
public liability, and $5,000,000.00 property damage, said policy or policies shall
contain an endorsement providing that the City, its elected and appointed
officials, officers, agents and employees are additional insureds with respect to
the subject matter and performance of this Agreement.
12.1.2. Copies of the policies or endorsements evidencing the above -required
insurance coverage shall be filed with the City. All of the following
endorsements are required to be made a part of the insurance policies required by
this Section:
1) "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."
2) "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."
3) "Contractor shall cause its insurance carrier(s) to furnish City by direct
mail with certificate(s) of insurance showing that such insurance is in full force and
effect, and City is named as additional insureds with respect to this Franchise and the
obligations of Franchise hereunder. Further, the certificate(s) shall contain the
covenant of the insurance carrier(s) that thirty (30) calendar days written notice (ten
(10) calendar days in the event of cancellation for non-payment) shall be given to City
prior to modification, cancellation or reduction in coverage of such insurance. In the
event of any such modification, cancellation or reduction in coverage and on the
effective date thereof, this Franchise shall terminate forthwith, unless City receives
prior to such effective date another certificate from an insurance carrier that the
insurance required herein is in full force and effect."
12.1.3. The limits of such insurance coverage, and companies, shall be subject to
review by the City Manager every year and may be modified at that time by the
City upon a demonstration of reasonable need, as a change in service in
accordance with Section 2.5.
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12.2. Contractor shall obtain and maintain in full force and effect throughout the
term of this Agreement workers' 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. 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) calendar days' prior written notice (ten (10) calendar days in
the event of cancellation for non-payment) 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, or agents
for losses which arise from work performed by Contractor for the City under this
Agreement.
12.3. Faithful Performance Bond. Within ten (10) business days following the
effective date of this Agreement, Contractor shall furnish to City and shall file with
the City a surety bond executed by Contractor as principal and by a corporate surety
as surety, in the sum of $50,000, conditioned upon the faithful performance by
Contractor.
13. INDEMNIFICATION
13.1. General Liability. Contractor shall indemnify, defend, and save harmless the
City, its officers, agents and employees (the "Indemnitees"), for and from any and all
loss, liability, claim, demand, action or suit, of any and every kind and description,
arising or resulting from or in any way connected with any operations of Contractor
in performing the obligations required by this Agreement, or arising or resulting from
the failure of Contractor to comply in all respects with the provisions and
requirements of this Agreement, or arising or resulting from the failure of Contractor
to comply with applicable law, except to the extent of the active negligence, willful
misconduct, or violation of applicable law by the Indemnitees. Subject to the scope
of this indemnification and upon demand of the City, Contractor shall appear in and
defend the City and its officers, employees and agents in any claims or actions,
whether judicial, administrative or otherwise arising out of the above. The
obligations of Contractor to the Indemnitees which arise under this Section 13.1 shall
not be restricted to any insurance proceeds, and shall survive the expiration or
termination of this Agreement.
13.2. CERCLA Liability.
13.2.1. Contractor shall indemnify, defend and hold harmless the Indemnitees for all
claims, actual damages, natural resources damages, injuries, costs, response,
remediation and removal costs, losses, liabilities, cause of action, interest and
expenses (including but not limited to reasonable attorneys' and experts' fees) of
any kind whatsoever paid, incurred, or suffered by or against the Indemnitees
26
arising from or attributable to any repair, clean up, removal action or response
action undertaken pursuant to the Comprehensive Environmental Response,
Compensation and Liability Act, 42 U.S.C. Section 9601 et seq. (CERCLA), the
California Health and Safety Code ("H&S Code") or other similar federal, state
or local law or regulations, with respect to Contractor's collection, handling, or
transportation of solid waste collected by Contractor from accounts pursuant to
this Agreement. The indemnity contained in this Section 13.2 is intended to
operate as an agreement of Contractor pursuant to Section 107(e) of CERCLA
and the H&S Code Section 25364 to defend, protect, hold harmless and
indemnify the Indemnitees. Subject to the scope of this indemnification and upon
demand of any of the Indemnitees, Contractor shall appear in and defend the
Indemnitees in any claims or actions, whether judicial, administrative or
otherwise arising out of the above. The obligations of Contractor to the
Indemnitees which arise under this Section 13.2 shall not be restricted to any
insurance proceeds, and shall survive the expiration or termination of this
Agreement.
13.2.2. The foregoing indemnity and defense obligations shall apply irrespective of
the negligence or willful misconduct of Contractor or any affiliate of Contractor.
However, the foregoing indemnity shall not apply to the extent any claims arise
or result from the sole or active negligence, willful misconduct, or violation of
applicable law by any Indemnitee.
13.3. AB 939 Liability. Subject to the requirements of Public Resources Code
§40059.1, Contractor shall indemnify, protect, defend and hold the City harmless
against all fines and penalties imposed by administrative order of the California
Department of Resources Recovery and Recycling against the City for failure to meet
waste diversion requirements under AB939. The obligation of Contractor to
indemnify, protect and defend the City shall include paying all reasonable legal fees
and costs incurred by legal counsel designated by the City to represent the City in
connection with any such administrative proceedings or litigation by the Board.
13.4. Road Surface Damage. Contractor shall be responsible for any extraordinary
damage to City's driving surfaces, whether or not paved, resulting from and directly
attributable to the illegally excessive weight of vehicles providing solid waste
collection or the improper placement and removal of containers on public or private
property, but shall not be responsible for normal wear and tear.
14. BREACH; TERMINATION; CITY RIGHT TO PROVIDE SERVICE.
14.1. In the event Contractor should breach this contract; should it appear that any
information submitted to City by Contractor at the time of contract award or during
the term of the contract be false or fraudulent; should Contractor become bankrupt;
make an assignment of this contract for benefit of creditors' allow a receiver or other
27
officer to be placed in charge of Contractor's office or equipment and not cause
removal within ten (10) business days; incur a substantial number of recurring
complaints, as determined by the City Manager, as to Contractor's service due to
Contractor's failure to perform as herein provided; or should Contractor fail to correct
any other deficiency in performance including those herein before mentioned within
thirty (30) calendar days after notice in writing by the City Manager to do so; City
may terminate this contract and Contractor shall have no further rights under or with
respect to this contract. However, Contractor shall have the right, upon written
request, to have a determination by the City Manager that Contractor has failed to
perform agreed upon services as provided for herein, reviewed by the City Council at
Contractor's request, at any regular Council meeting held within forty five (45)
calendar days after Contractor has received notice that this contract has been
terminated. In the event of such termination, Contractor and its sureties shall be
jointly and severally liable to the City for any damages, expenses or losses sustained
by the City in the performance of Contractor's obligations hereunder, in the
collection of refuse within the City, for the readvertising or letting of another contract
therefore, and for the difference, if any, between the contract price as provided by this
contract and the amount which City is obligated to pay under the new contract,
including, but not limited to all reasonable costs and attorney's fees incurred by the
City in the termination of this contract and the negotiation of a new contract provided
further, however that the extent of the sureties' liability shall be limited to the amount
of the faithful performance bond.
14.2. Professional Misconduct.
14.2.1. In the event that any official, employee, or contractor for Contractor is indicted
by a grand jury, named as a defendant in a felony complaint filed in any court in
the United States, or is otherwise alleged to have participated in any criminal
activity directly or indirectly associated with the performance of solid waste
handling services under this Agreement, Contractor or its successor -in -interest
shall provide written notice thereof to the City within fourteen (14) calendar days
of such indictment, complaint or allegation. Such notice shall contain a
description of the indictment, complaint or allegation, as well as a copy of such
indictment or complaint or other matters of public record related thereto.
14.2.2. In the event that any official, employee, or contractor of Contractor, who has
any responsibility for any aspect of the performance of solid waste handling
services under this Agreement, is convicted, indicted by a grand jury, or named
as a defendant in a felony complaint, this person shall, upon request of the City
be immediately removed from any assignment whatsoever, directly associated
with the performance of solid waste handling services under this Agreement
during the pendency of trial and/or following conviction.
14.3. City's Right to Perform Service.
14.3.1. In addition to, but not in lieu of, any other rights or remedies City might have
under this Agreement, at law or in equity, in the event that the Contractor, for
any reason whatsoever, fails, refuses or is unable to collect, recycle, process,
transport or dispose of any or all solid waste that it is required by this
Agreement, at the time and in the manner provided in this Agreement, for a
period of more than seventy-two (72) hours, and if, as a result thereof, solid
waste should accumulate in the City to such an extent, in such a manner, or for
such a time that the City should find that such accumulation endangers or
menaces the public health, safety or welfare, then the City shall have the right,
but not the obligation, upon notice to Contractor during the period of such
emergency as determined by the City, as hereinafter set forth, (1) to perform, or
cause to be performed, such services itself with its own or other personnel; or (2)
to take possession of any or all of Contractor's equipment and other property
used or useful in the collection and transportation of solid waste, and to use such
property to collect and transport any solid waste generated within the City which
Contractor would otherwise be obligated to collect, transport and properly
dispose of or process pursuant to this Agreement.
14.3.2. Notice of Contractor's failure, refusal or neglect to collect, transport and
properly dispose of or process solid waste may be given orally by telephone to
Contractor and shall be effective immediately. Written confirmation of such oral
notification shall be sent to Contractor within twenty-four (24) hours of the oral
notification.
14.3.3. Contractor will, if the City so requests, keep in good repair and condition all of
such equipment and property, provide all motor vehicles with fuel, oil and other
service, and provide such other service as may be necessary to maintain said
property in operational condition.
14.3.4. The City may immediately engage all or any personnel necessary or useful for
the collection and transportation of solid waste, including, if the City so desires,
employees previously or then employed by the Company.
14.3.5. The City agrees that it assumes complete responsibility for the proper and
normal use of Contractor's equipment and property while in its possession.
14.3.6. If the interruption or discontinuance in service is caused by any of the reasons
listed in Section 15, the City shall pay to Contractor the reasonable rental value
of the equipment and property, possession of which is taken by the City, for the
period of the City's possession.
O
15. EXCUSE FROM PERFORMANCE; FORCE MAJEURE.
15.1. If either party is prevented from or delayed in performing its duties under this
Agreement by circumstances beyond its control, whether or not foreseeable,
including, without limitation, acts of terrorism, acts of God, landslides, lightning,
forest fires, storms, floods, severe weather, freezing, earthquakes, other natural
disasters, the threat of such natural disasters, pandemics (or threat of same),
quarantines, civil disturbances, acts of the public enemy, wars, blockades, public
riots, strikes, lockouts, or other labor disturbances, acts of government or
governmental restraint or other causes, whether of the kind enumerated or otherwise,
that are not reasonably within the control of the affected party, then the affected party
shall be excused from performance hereunder during the period of such disability.
15.2. The party claiming excuse from performance shall promptly notify the other
party when it learns of the existence of such cause and when such cause has
terminated.
15.3. The interruption or discontinuance of services by a party caused by
circumstances outside of its control shall not constitute a default under this
Agreement.
16. ASSIGNMENT.
16.1. Contractor's rights and obligations under this Agreement may not be assigned
without the prior written approval of the City, except that the City's consent to an
assignment to an affiliate of Contractor shall not be required.
16.2. If Contractor requests that the City consider and consent to an assignment to a
person other than an affiliate of Contractor, Contractor shall meet the following
requirements:
16.2.1. Contractor shall pay the City its reasonable expenses for attorney's fees and
investigation costs necessary to investigate the suitability of any proposed
assignee, and to review and finalize any documentation required as a condition
for approving any such transfer.
16.2.2. Contractor shall furnish the City with audited financial statements of the
proposed assignee's operations for the immediately preceding three (3) operating
years.
16.2.3. Contractor shall furnish the City with satisfactory proof: (i) that the proposed
assignee has at least five (5) years of solid waste management experience of a
scale equal to or exceeding the scale of operations conducted by Contractor
under this Agreement; (ii) that in the last five (5) years, the proposed assignee
30
has not suffered any citations or other censure from any federal, state or local
agency having jurisdiction over its waste management operations due to any
significant failure to comply with state, federal or local waste management laws.
Contractor shall supply the City with a complete list of such citations and
censures; (iii) that the proposed assignee has at all times conducted its operations
in an environmentally safe and conscientious fashion; (iv) that the proposed
assignee conducts its solid waste management practices in accordance with
sound waste management practices in full compliance with all federal, state and
local laws regulating the collection and disposal of waste; (v) of comparable
financial strength; (vi) of required insurance and bonds; and (vii) of other
material as may be requested by the City.
17. CUSTOMER BILLING AND PAYMENT; SERVICE RATES.
17.1. Residential Cart Services. Contractor shall bill residential accounts quarterly
in advance for solid waste handling services at the rates set forth in Exhibit A, as
adjusted, and for special fees and service fees where the rate can be determined in
advance. Payment is due within thirty (30) calendar days of the invoice date, and is
considered overdue thirty (30) calendar days from invoice.
17.2. Commercial/Industrial Services. Contractor shall bill commercial/industrial
accounts monthly in advance for solid waste handling services at the rates set forth in
Exhibit A, as adjusted, and for special fees and service fees where the rate can be
determined in advance. Payment is due within thirty (30) calendar days of the invoice
date, and is considered overdue thirty (30) calendar days from invoice.
17.3. Temporary Services; Special Services. Contractor shall bill residential
accounts and commercial/industrial accounts monthly in arrears for temporary
services and for special fees and service fees where the rate cannot be determined in
advance. Payment is due within thirty (30) calendar days of the invoice date, and is
considered overdue thirty (30) calendar days from invoice. Contractor may use
payment by credit card for temporary services or Bagster(V service.
17.4. Senior Discount. Contractor will provide senior citizens' discount of nine
percent (9%) per residential premises where: i) the occupant is sixty (60) years or
older and is considered to be the head of their household, or ii) proof of age is
verified to the reasonable satisfaction of Contractor, and (iii) the residential premises
uses a 64-gallon cart for solid waste collection service.
17.5. Limitation on Discounts. Each premises receiving service under this
Agreement is entitled to only one (1) of the available discounts set forth herein.
Contractor shall set the rate for these customers based on the one (1) discount that
provides the lowest rate to the customer.
31
17.6. Account Delinquency.
17.6.1. Contractor shall provide City with a list of delinquent accounts on or before
June 1 of each year, to ensure proper notification and opportunity to cure prior to
the City Council public hearing to add the delinquent amounts to the tax roll.
The City, working in conjunction with Contactor, will work with the County
Assessor's Office to prepare and file all documentation required for tax roll
collection of account delinquencies to Riverside County, for placement of an
assessment on the property receiving services. The request for tax roll collection
shall also include a late fee in the amounts set forth in Exhibit A.
17.6.2. In addition, if payment is not received within thirty (30) calendar days from
the date of the invoice, Contractor may terminate collection service at the
delinquent account until payment in full has been received, including payment of
the late fee in the amounts set forth in Exhibit A. In addition, Contractor may
charge an activation fee. Notwithstanding the above, Contractor may only
terminate collection service at vacant foreclosed or bank -owned premises.
17.6.3. Upon the request of either party, the parties agree to meet from time to time to
review procedures for collection of delinquencies, the success of collection
efforts, and additional programs to enhance collections and reduce bad debt.
17.7. Service and Rate Disputes. Any disputes between Contractor and an account
regarding the provision of services, including the size and location of containers,
frequency of collections, or the amount of any special fees charged by Contractor,
will be referred to the City Manager for determination. Thereafter, either Contractor
or the account may appeal the City Manager's determination to the City Council,
whose decision shall be final.
17.8. 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 discontinued by notification to Contractor by the customer.
17.9. Tax Roll Billing. Upon request of the City, the parties agree to negotiate in
good faith regarding the implementation of tax roll billing, as an alternative to
Contractor billing for the services described in Sections 17.1 and 17.2. Among other
things, the parties agree to consider the financial impact to Contractor from less
frequent payment. Contractor shall be entitled to additional compensation to account
for lost receipts arising from tax roll billing as a change in service in accordance with
Section 2.5.
17.10. Rate Adjustments.
17.10.1. Annual Adjustment. Beginning January 1, 2011, Contractor shall
provide services for an amount not to exceed the rates set forth in Exhibit A.
32
Beginning July 1, 2011 and on each July 1 thereafter, all rates set forth in Exhibit
A, including all ancillary fees and charges, shall be adjusted as set forth below.
All requests for rate adjustments shall be submitted by Contractor to the City
Manager or his/her designee by or before March I" of each year beginning with
March 1, 2011. The City Manager or his/her designee shall review the
information submitted by Contractor for completeness and accuracy, and the
parties agree to negotiate in good faith regarding any dispute. The City Council
shall approve all rate adjustments, commencing with the July 1, 2012 adjustment.
17.10.2. Rate Adjustment for 2011. Effective July 1, 2011, all rates set forth in
Exhibit A, including all ancillary fees and charges, shall be increased by two
percent (2%).
17.10.3. Rate Adjustments for 2012 and Succeeding Years. Effective July 1,
2012 and each July 1 thereafter, all rates set forth in Exhibit A, including all
ancillary fees and charges, as adjusted, shall be further adjusted in accordance
with the methodology set forth below.
17.10.3.1. Service Component. The Service Component comprises eighty percent
(80%) of the rate. The Service Component will be adjusted by the
percentage increase in the Consumer Price Index ("CPI"), All Urban
Consumers, for the Los Angeles/Riverside/Orange County metropolitan
area, All Items, Base Period 1982-84 = 100, as published by the United
States Department of Labor, Bureau of Labor Statistics, for the January to
December period immediately preceding the effective date of the rate
adjustment.
17.10.3.2. Disposal/Green Waste Processing Component. The Disposal/Green
Waste Processing Component comprises twenty percent (20%) of the rate.
The Disposal/Green Waste Processing Component will be adjusted by the
greater o£
17.10.3.2.1. The percentage increase in the CPI for the January to December
period immediately preceding the effective date of the rate adjustment;
or
17.10.3.2.2. the percentage increase in the per ton tipping fee established by
the Riverside County Waste Management Department for disposal of
Solid Waste generated within Riverside County at landfills comprising
the County System (Badlands Landfill, Lamb Canyon Landfill, El
Sobrante Landfill) for the January to December period immediately
preceding the effective date of the rate adjustment.
17.10.3.3. Adjustment to Weighting. Contractor may from time to submit to the
City Manager, but not more than once each calendar year, a proposed
33
revised weighting between the service component and the disposal/green
waste processing component, along with supporting documentation. Upon
review by the City Manager or his/her designee of the accuracy of the
documentation, the revised weighting will be utilized for any future annual
rate adjustments under this Section 17.10.
17.10.4. Extraordinary Adjustment. Contractor may request an adjustment to
the rates at other times to provide for the reimbursement of unusual increased
costs of providing service under this Agreement, but not more than once in any
twelve (12) month period. Unusual increased costs may include changes in
service mandated by the City, changes to the Menifee Municipal Code affecting
Contractor's operations, changes in the cost of disposal or processing of solid
waste and green waste (at a facility not owned or operated by Contractor or an
affiliate) to the extent not provided for in Section 17.10.1.2, changes in state or
local government solid waste fees and charges, changes in the law, rate
adjustments imposed by any transfer facility utilized by Contractor (not owned or
operated by Contractor or an affiliate) in excess of the CPI, or changes in fuel
prices in excess of the CPI, but shall not include circumstances within the control
of Contractor, such as changes in the purchase price of new equipment, amounts
reimbursed by insurance companies, or rebates of any type. For each request,
Contractor must prepare a schedule documenting the extraordinary costs. The
request shall be prepared in a form acceptable to the City with support for all
assumptions made by Contractor in preparing the estimate. The City Council
shall review Contractor's request and, in its reasonable judgment, make the final
determination on the appropriate amount of the adjustment, if any, within thirty
(30) calendar days of receipt of Contractor's request. Notwithstanding the
above, a requested adjustment may not be denied when arising from changes in
service mandated by the City, changes to the Menifee Municipal Code, affecting
Contractor's operations, changes in fuel in excess of the CPI, or changes in state
or local government solid waste fees and charges.
18. OTHER AGREEMENTS OF THE PARTIES.
18.1. Relationship of Parties. The parties intend that Contractor shall perform the
services required by this Agreement as an independent contractor engaged by the City
and not as an officer or employee of the City, nor as a partner of or joint venturer
with the City. No employee or agent of Contractor shall be deemed to be an
employee or agent of the City. Except as otherwise expressly provided herein,
Contractor shall have exclusive control over the manner and means of conducting the
services performed under this Agreement, and over all persons performing those
services. Contractor is solely responsible for the acts and omissions of its officers,
employees, subsidiaries, subcontractors, affiliates and agents. Neither Contractor nor
its officers, employees, subsidiaries, subcontractors, affiliates and agents will obtain
any rights to retirement benefits, workers' compensation benefits, or any other
benefits that accrue to City employees by virtue of their employment with the City.
34
18.2. Compliance with Law. In providing the services required under this
Agreement, Contractor must, at its sole cost, comply with all applicable laws and
regulations promulgated by federal, state, regional, or local administrative and
regulatory agencies, that are now in force and as they may be enacted or amended
during the term of this Agreement. Among other things, Contractor is required to
obtain and maintain a City business license. In connection with this Agreement, the
City must, at its sole cost, comply with all applicable laws and regulations
promulgated by federal, state, regional, or local administrative and regulatory
agencies, that are now in force and as they may be enacted or amended during the
term of this Agreement.
18.3. Privacy. 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 the Act. In addition, Contractor shall not market, sell, convey, or
donate to any person any list with the name or address of customers except that
Contractor may provide such lists to authorized employees and authorized
representatives of the City as necessary to comply with this Agreement. 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.
18.4. Governing Law. This Agreement is governed by, and will be construed and
enforced in accordance with, the laws of the State of California.
18.5. Parties in Interest. Nothing in this Agreement, whether express or implied, is
intended to confer any rights on any persons other than the parties to this Agreement
and their representatives, successors, and permitted assigns.
18.6. Waiver. The waiver by either party of any breach or violation of any
provisions of this Agreement shall not be deemed to be a waiver of any breach or
violation of any other provision nor of any subsequent breach or violation of the same
or any other provision. The subsequent acceptance by either party of any moneys
that become due hereunder shall not be deemed to be a waiver of any pre-existing or
concurrent breach or violation by the other party of any provision of this Agreement.
18.7. Notice. Notice under this Agreement shall be given by United States Mail,
postage prepaid, addressed as follows:
35
City:
City Manager (or his/her designee)
City of Menifee
29714 Haun Rd.
Menifee, CA 92586
Contractor:
Director of Operations
USA Waste of California, Inc.
800 South Temescal Street
Corona, CA 91718
Copy to:
Waste Management — Western Group
7025 N. Scottsdale Road
Suite 200
Scottsdale, AZ 85253
Attention: Group Legal Counsel
18.8. Attorney's Fees. In any action or proceeding to enforce or interpret any of the
terms of this Agreement, the prevailing party is entitled to an award of attorney's fees
in the amount reasonably incurred in the prosecution or defense of that action. The
term "prevailing party" means the parry entitled to recover costs of suit, upon the
conclusion of the matter, in accordance with the laws of the State of California.
18.9. Entire Agreement. This Agreement, including the exhibits, constitutes the
entire agreement between the parties with respect to the matters covered. No verbal
agreement or understanding with any officer, agent, or employee of the City, either
before, during, or after the execution of this Agreement, will affect or modify any of
the rights or obligations herein contained.
18.10. Section Headings. The section headings in this Agreement are for the
convenience of reference only and are not intended to be used in construing this
Agreement, nor are they intended to alter or affect any of its provisions.
18.11. References to Laws. All references in this Agreement to laws will be
understood to include existing laws as they may be subsequently amended or
recodified, unless otherwise specifically provided.
36
18.12. Interpretation. This Agreement, including the attached exhibits, will be
interpreted and construed reasonably, and neither for nor against either party,
regardless of the degree to which either party participated in their drafting.
18.13. Amendments. This Agreement may not be amended in any respect except by a
writing signed by the parties.
18.14. Severability. If any provision of this Agreement is for any reason determined
by a court of competent jurisdiction to be invalid or unenforceable for any reason,
including but not limited to a change in applicable federal, state or local law, the
invalidity or unenforceability of that provision will not affect any of the remaining
provisions of this Agreement, which provisions will be enforced as if such invalid or
unenforceable provision had not been included.
18.15. Non -Waiver Provision. Failure of either party to exercise any of the remedies
set forth in this Agreement within the time periods specified will not constitute a
waiver of any rights of that party with regard to an event of nonperformance, whether
determined to be a breach, excused performance, or unexcused default by the other
party.
/ (intentionally left blank)
37
TO EFFECTUATE THIS AGREEMENT, each of the parties has caused this Agreement to be
executed by its duly authorized representative as of the date set forth below the authorized
signature.
ATTEST:
. &)Zj) Ltut-
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
W
CITY OF MENIFEE
By: Za°�c P
Title:
Date:
USA WASTE OF CALIFORNIA, INC.,
a Delaware corporation
By:
uthorR pre ntative)
Ti e:
Date: / 17111
EXHIBIT A
SCHEDULE OF RATES
Residential Service
Regular weekly curbside refuse & recycling service:
Total per household with Green Waste (95-gal containers) $22.90 per month
Total per household without Green Waste(95-gal containers) $20.43 per month
Senior Rate with Green Waste (65-gallon containers) $20.61 per month
Senior Rate with without Green Waste (65-gallon containers) $18.39 per month
Low Volume Generator with Green Waste(65-gal containers)$20.61 per month
Low Volume Generator without GW (65-gal containers) $18.39 per month
Additional Residential Fees:
Additional containers: Trash
$6.17 per month
Recycle (beyond 2 containers)
$2.57 per month
Green Waste
$5.05 per month
Residential bulky item pickups
$19.78 per item
(beyond two curbside pickups annually)
Residential e-waste pickups
$30.01 per item
Residential Set-up fee
$13.67
Cart Exchange in excess of Ix per year
$15.83
Residential Reactivation Fee (Bad Debt)
$19.78
Residential Redelivery Fee (Bad Debt)
$19.78
Stolen Cart
$108.82
Commercial/Industrial Service
Commercial Trash
Size of Bin
1
2
3
4
5
6
1.5/2 Yard
$86.23
$172.45
$258.67
$344.91
$431.14
$517.36
3 Yard
$119.04
$238.08
$357.13
$476.17
$595.21
$714.26
4 Yard
$158.71
$317.46
$476.17
$634.89
$793.61
$952.32
6 Yard
$220.07
$440.15
$660.21
$880.27
$1,100.33
$1,320.39
Commercial Compactor
Size of Bin
1
2
3
4
5
6
2 Yard
120.71
241.42
362.12
482.81
603.49
724.20
3 Yard
170.74
341.53
512.28
683.00
853.75
1024.54
Additional Commercial Fees:
Additional pickups of existing bins:
Additional Compactor Pickups
Commercial Compactor Extra Pick-up Fee
Set-up Fee
Temporarybin service (3 Yard Container)
Temporary Bin Extra Pick-up
M
$46.85 per bin, per pickup
$80.86
$75.00
$28.49 one time fee
$100.70
$100.70
Temporary Bin Weekly Rental
Locking Lids
Replacement Lock Fee
Reactivation Fee
Redelivery Fee
Push Out fees:
(per day, per container)
Additional Commercial Fees:
Bulky Items
Scout Service
Overage Fee
Return Fee
Additional pickups of existing bins:
Manure Bin
Size of Bin 1
2 Yard 125.71
3 Yard 163.41
Extra pick-up charges for recycling
Temporary Roll -off:
All Sizes w/ Delivery (up to 4 tons)
Recycle Loads:
$25.00 per week
$16.33 per month
$34.00
$20.39
$102.00
20-50ft $9.65
51-75ft $12.41
75-100ft $13.80
$34.00 per item
$68.02 per month, per bin
$34.00 per bin
$25.00
$80.86 per bin, per pickup
Commercial Recycling
Size of Bin
1
2
1.5/2 Yard
$61.74
$120.97
3 Yard
$71.60
$140.72
4 Yard
$87.64
$ 171.58
6 Yard
1 $92.57
1 $182.80
Roll -off Service
$61.74
$435.63
Material
Haul
Disposal
Cardboard/Metal
$217.90
$0.00
Concrete/Asphalt
$217.90
$120.00/Per Load
Green Waste
$217.90
$30.00/Ton
Tires
$350.00
$75.00/Per Ton
Wood
$217.90
$30.00/Per Ton
*Contaminated loads will be taken to the landfill and charged disposal rates.
Permanent Roll -off Service:
Size of Box
Haul
Disposal
Roll -off all sizes
$217.90
$34.37/Per Ton
Compactors all sizes
$311.47
$34.37/Per Ton
Roll -off Fees:
Delivery Fee $80.25
Set-up Fee $28.49
Monthly Inactivity Fee $198.90
Relocate/Trip Fee $80.25
:1
EXHIBIT B
[City Facilities]
Site
Address
Service Levels
E. L. Pete Person Park
29621 Park City Avenue
3 d bin 1x Week
Lazy Creek Park
26480 Lazy Creek Road
2 d bin 1x Week
La Ladera Park
29629 La Ladera Road
4yd bin 1x Week
Fire Station 68
26020 Wickerd Road
3 d bin 1x Week
Fire Station 5
28971 Goetz Road
Commercial Cart Service
Fire Station 7
27860 Bradley Road
4yd bin 1x Week
1.5yd bin 1 x Week
Commercial Cart Service
City Hall
29714 New Hub Drive
4yd bin 3x Week
4yd RCY 2x Week
Public Works Yard
29714 New Hub Drive
2 40 Yard Roll -offs
Men ifee
* WM Bills for all services
Company Code: 957
TEMP BINS: Set Up Fee: $ 28.49
Status Code (R1C): 1 C, TR, S!
Size of Bin 7 Day
4 Week
Status Code (G1C resi only): 1 C, TR, S! GW
3 Yard 100.70
266.81
Temp Bin Extra P/U $100.70
RESIDENTIAL SERVICE (M1 G)
RESIDENTIAL SERVICE (M1 C)
(Mandatory - Tax roll w/green waste)
(Mandatory - Tax roll no green waste)
Basic Rate: $ 22.90 Per Month
Basic Rate: $ 20.43 Per Month
Senior Rate: $ 20.61 Per Month
Senior Rate: $ 18.39 Per Month
Hard to service: $ 34.71 Per Month
Hard to Service: $34.71 Per Month
Low Volume Generator $ 20.61 (64 Gal Cart)
Low Volume Generator: $18.39 (64 Gal Cart)
Other Fees: Set Up Fee: $13.67 - All Accounts
Extra Trash Carts: $6.17 Per Month
Bulky Items: $19.78 Per Item (After 2 free per yr)
Extra Recycle Carts: $2.57 Per Month
Electronic Waste: $30.01 Per Item (Tv/Monitor)
Extra G/Waste Carts: $5.05 Per Month
Reinstate fee $19.78 (Bad Debt) ,
Cart exchanges in excess of 1x year $15.83
Redelivery of carts $19.78 (Bad Debt)
Stolen Cart: $108.82
COMMERCIAL BINS:
Size of Bin
1.5 or 2 Yard
3 Yard
4 Yard
6 Yard
COMPACTORS.
Size of Bin
2 Yard
3 Yard
Set Up Fee: $28.49 Price Group: M1C
1
2
3
4
5
6
86.23
172.45
258.67
344.91
431.14
517.36
119.04
238.08
357.13
476.17
595.21
714.26
158.71
317.46
476.17
634.89
793.61
952.32
220.07
440.15
660.21
1 880.27
1100.33
1 1320.39
EXTRA PICK UPS: $80.86 Per Compactor Dump
1
2
3
4
5
6
120.71
241.42
362.12
482.81
603.49
724.20
170.74
341.53
512.28
683.00
853.75
1024.54
EXTRA PICK UPS: 10:00 Same Da
On Site
Unsched.
46.85
67.51
OTHER FEES:
Locking Lids:
16.33/Per Mo/Per Bin
Replace Lock:
$
34.00
Replace Key:
$
6.80
Reinstate fee:
$
20.39
Redeliver fee:
$
102.00
Stolen Bin:
$
680.03
Burned Bin:
$
380.82
PULL OUT CHARGES:
26 - 50 ft. = $ 9.65
Per Day/Per Month
51 - 75 ft. = $ 12.41
Per Day/Per Month
75 - 100ft. = $ 13.80
Per Day/Per Month
Bulky Items: 1st=$34.00, Add'I Items=$20.39
Scout Serv: $ 68.02 per month/per bin
Overage Fee: $ 34.00
Bin changes in excess of 1x year $80.26
Haul of Call Fee: $25.00 when driver returns on an
unscheduled service day.
RECYCLE BINS:
Size of Bin
1
2
2 Yard
61.74
120.97
3 Yard
71.60
140.72
4 Yard
87.64
171.58
6 Yard
92.57
182.80
RECYCLE BINS: EXTRA PICK-UPS: $61.74
Menifee
Co. Coi Bill cycle: OMR
Status code: T
Price group: MiG
Finance code: X
Temp
MORENO VALLEY YARD
Billed by WM
1 Box with
Nn CPt Iln fPP CPf i In fPP
Size of Box
Flat Fee
Flat Fee
All Sizes w/del
435.63
464.12
E/R
355.38
N/A
MANURE BINS:
(Use trash route, charged more due to weight)
Size of Bin 1
2 Yard 125.71
3 Yard 163.41
Rates Effective 7/1 /09
DTN
D10/D40
suo
Disposal
Delivery
Set U
34.37
80.25
28.49
34.37
N/A
N/A
** Flat fee includes: haul fee, delivery, set up fee & 4 tons (over 4 tons will be charged @ $34.37/ton)
SUO=add Set U fee to rates below
D10/D40
All services
Recyc
Material
Haul
Disposal
Delivery
Set Up
Relocate/Tr
Clean i
Cardboard/Metal
217.90
$ 0.00
80.25
28.49
80.25
Concrete/Asph
Greenwaste
Tires
Wood
Contaminated loads
217.90
$120.00/Per Load
80.25 28.49
80.25 28.49
80.25 28.49
80.25 28.49
fees
217.90
$30.00/Ton or $120/Load
350.00
75.00/Per Ton
217.90
$ 19.50/Per Ton
will be taken to landfill & charged disoosal
Perm+
SUO=add Set Un fee to rates helow I rn nman
Size of Box
Haul
Disposal
Delivery
Set U
All Sizes
217.90
34.37
80.25
28.49
Compactors
311.47
34.37
N/A
28.49
* Minimum 1 load per month or customer will be charged $198.90