1998/04/06 Waste Management of Inland Valley, a division of Waste Management Collection & Recycling, Inc. Collection and Transportation of Solid Waste and other Specified ServicesAttachment A
FRANCHISE COLLECTION
AGREEMENT
FOR
FRANCHISE AREA #1
6/,/19or ia,/
I Contents
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4 Section
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Attachment A
Page
kECITALS........................................................................................................................................................1
SECTION 1.
REPRESENTATIONS AND WARRANTIES.............................................................................
1
SECTION2.
DEFINITIONS..............................................................................................................................3
SECTION 3.
GRANT AND TERM OF EXCLUSIVE FRANCHiSE...............................................................
7
SECTION4.
FRANCHISE AREA.... ................ I ...... .........................................................................................
9
SECTION 5,
SERVICES PROVIDED BY FRANCHISEE ................... ....................... ................. I...................
9
SECTION 6.
OWNERSHIP OF SOLID WASTE............................................................................................
13
SECTION 7.
DIRECTION OF COLLECTED MATERIALS.......................................................... I..............
13
SECTION S.
INDEMNIFICATION AND INSURANCE, AND BOND .........................................................
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SECTION 9.
DEFAULT AND REMEDIES.................................................................................. I.................
16
SECTION 10,
DISRUPTIONS IN SERVICE . ................ ........ .............................................................. I............
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SECTION 11.
ADMINISTRATIVE HEARING PROCEDURES... ..................................................................
20
SECTION 12.
FRANCHISE TRANSFERABILITY..,,.. , .... ...... I--, ............................. I ....................
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SECTION 13.
REPORTS................................................................
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SECTION14.
COMPENSATION . ..................... .......... »................ ........................ ........ ..................... :...........
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SECTION 15.
FRANCHISE FEES..................................................................................................................
24
SECTION 16.
OTHER REQUIREMENTS.......................................................................................................
25
SECTION17.
FORCE MAJEURE............................................................ ........................................................
27
SECTION 18.
OTHER PROVISIONS..............................................................................................................
27
SECTION19.
SEVERABILITY........................................................................................................................
29
SECTION 20.
ENTIRE AGREEMENT; AMENDMENT . ............................. ............... ........... ......... _..... .........
29
SECTION 21.
CONSTRUCTION OF FRANCHISE.................................................................... .........
30
SECTION 22.
RENEGOCIATION OF TERMS AS A RESULT OF OWNERSHIP CHANGES ....................
30
SECTION 23.
ADDITIONAL FRANCHISE TERM GRURANTEE FOR A PORTION OF FRANCHISE .......
AREA1.....................................................................................................................................
31
Framemso Amen 1 n=trsot-- Revision 5/15/2003
'~1
I AGREEMENT BETWEEN THE COUNTY OF RIVERSIDE Attachment A
2 AND W sr'eMmmmmt of k ad ZAQIAL.LAi ' "o %ste ",Eimnt (bUecticln &
3 FOR THE COLLECTION AND TRANSPORTATION,
4 OF SOLID 'WASTE AND OTHER SPECIFIED SERVICES
5
6 This Franchise Agreement ("Franchise Agreement") is entered into this&_ day ofi, by
7 and between the County of Riverside ("County") and
t
$ of 1�N"Franchisee"), for the Collection and
9 transportation of Solid Waste, Recyclable Materials, Green Waste, and construction debris and
to other specified services.
11
12 RECITALS
13
14 WHEREAS, pursuant to California Public Resources Code Section 40059 (a)(1), and
15 County Ordinance 657 the County of Riverside ("County") has determined that the public health,
16 safely, and well-being of county residents requires that an Exclusive Franchise be awarded to a
17 quJified enterprise for waste management services for residential, commercial, and industrial
18 customers in the County of Riverside; and
19
20 WHEREAS, in order to comply with the mandates of the California Integrated Waste
21 Management Act of 1989 ("IWMA") and subsequent legislation and regulation, the County of
)2 Riverside must have the ability to direct the flow of Solid Waste within the unincorporated
23 County for the purposes of processing, recovery and disposal; and
24
25 WHEREAS, the Board of Supervisors of the County of Riverside declares its intention
26 of maintaining reasonable rates for the provision of Solid Waste services within the
27 unincorporated County;
28
29 NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
30
31 SECTION 1. REPRESENTATIONS AND WARRANTIES.
32
33 A. Representations and Warranties of Franchisee, Franchisee hereby makes the
34 following representations and warranties for the benefit of the County as of the date of this
35 Agreement.
36
37 1) Franchisee is duly organized and validly existing as a corporation in good
38 standing under the laws of the State of California.
39
40 2) Franchisee has full legal right, power, and authority to execute, deliver, and
41 perform this Agreement, and has duly authorized the execution and delivery of this
42 Agreement.
,43 3) The Persons signing this Agreement on behalf of Franchisee have been
Revision 1:50 PM 04/01/98 1
Attachment A
I authorized by Franchisee to do so, and this Agreement has been duly executed and
2 delivered by Franchisee, and constitutes a legal, valid and binding obligation of
3 Franchisee enforceable against Franchisee in accordance with its terms.
4
5 4) To the best of Franchisee's knowledge, there is no action, suit, or proceeding
6 before any court or governmental entity against Franchisee or affecting Franchisee,
7 wherein an unfavorable decision, ruling or finding would adversely affect the validity or
8 enforceability of this Agreement, or which would have a material adverse effect on the
9 financial condition of Franchisee.
10
11 5) Franchisee has sufficient financial resources to perform all aspects of its
12 obligations hereunder. There has been no material adverse change in Franchisee's or
13 Franchisee's parent company's financial circumstances since the date of the most recent
14 financial statements submitted to the Environmental Health Department ("Department").
15 prior to the Effective Date of this Agreement, the Franchisee shall submit to the
16 Department the most recent annual financial statements. The Department may at its
17 discretion specify the contents and form of such statements. The Director of
18 Environmental Health may inspect the financial records of the Franchisee at any
19 reasonable time for any reasonable purpose relevant to the performance of this contract.
20
21 6) Franchisee has the expert. professional, and technical capability to perform all
,?2 of its obligations under this Agreement.
23
24 7) Within thirty (30) days after the execution of this Agreement by the County,
25 Franchisee has provided the performance bond or letter of credit certificates of insurance,
26 and the annual financial statements, as provided in Exhibit C.
27
28 B. Representations and Warranties„of the County.
29
30 Prior to commencement of any services hereunder, the County hereby makes the
31 following representations and warranties to and for the benefit of Franchisee as of the date of
32 this Agreement:
33
34 1) The parties executing this Agreement on behalf of the County are duly
35 authorized to do so. This Agreement constitutes the legal, valid and binding Agreement
36 of the County and is enforceable against the County in accordance with its terms.
37
38 2) To the best of the County's knowledge, there is no action, suit, or proceeding
39 against the County before any court or governmental entity wherein an unfavorable
40 decision, ruling or finding would adversely affect the validity or enforceability of this
41 Agreement,
42
Revision 1:50 PM 04/01/98 2
1 SECTION 2. DEFIMTIONS. Attachment A
2
3 Whenever any term used in this Franchise Agreement has been defined by Division 30, Part 1,
4 Chapter 2 of the California Public Resources Code, the definitions in the Public Resources Code,
5 as presently defined and as they may be amended in the future shall apply unless the term is
6 otherwise defined in this Agreement. In the event of conflict between the definition of a term as
7 found in the California Public Resources Code or in County ordinances and this Agreement, the
8 definition in this Agreement shall supersede the definition found in the Public Resources Code or
9 in County ordinances.
10
11WastteL A. �en rneans� this Agreement between the County and
12 ��tA Collection and transportation of Solid Waste and
13 other specified services, including all exhibits, and any future amendments.
14
15 B. Bins, shall mean those containers provided by franchisee for commercial, industrial,
16 construction, and multi -residential uses. Bins are of two types; (i) Bins (generally l to 6 cubi c�5.
17 yards in size) which are picked up by refuse trucks by means of front loading apparatus; and [ii) J,�t-
y�
18 Rolloff Bins (generally 10 to 40 cubic yards in size) which are picked up by trucks using rear
19 loading winches onto rails.
20
21 C. $pond. shall mean the Riverside County Board of Supervisors.
)Z2
23 D RRIky Waste, shall mean large, heavy or otherwise difficult to handle items,
24 including, but not limited to, stoves, refrigerators, water tanks, water heavers, washing machines,
25 furniture, large concrete and asphalt chunks, tree stumps, or other waste materials with weights
26 or volumes greater than those allowed for containers.
27
28 E. Collection. means Collection of Solid Waste, recyclable material, or other material
29 specified in this Agreement and its transportation to an appropriate Solid Waste Facility.
30
31 F. Commercial Units. shall mean all commercial, industrial, institutional or other
32 facilities, except residential and Multi -Residential Units.
33
34 G. Compost. means a stable humus -like product that results from the biological
35 decomposition of organic materials occurring under controlled conditions.
36
37 H. CamTAA Facility. means a Solid Waste Facility that processes Green Waste, Wood
38 Waste or other organic materials to produce Compost or mulch.
39
40 L Cam pensive Collection Areas. shall mean specific portions or areas of the County
41 designated by an Ordinance or Resolution of the Board of Supervisors in which specified
42 residential, multi -residential, and/or commercial units are required to subscribe to refuse
)43 collection.
Revision 1:50 PM 04/01/98 3
1 Attachment A
2 J. County. means the County of Riverside, State of California. A✓
3 /
4 K. Department. means the Riverside County Department of Environmental Health. ✓
5
6 L. Director, shall mean the Director of the Riverside County Department of
7 Environmental Health,
8
9 M. District. means the Riverside County Waste Resources Management District.
to
I i N. Effective Date, means the date on which this Agreement becomes effective, which
12 shall be the date it is executed by the Board of Supervisors.
13
14 O. Exclusive Franchise, means the rights granted to the Franchisee under the terms and
15 conditions of this Agreement, including the sole right to collect Solid Waste Rec c able
16 Materials and/or Green Wasl�_-and gther materials as specified in this Agreement and its
17 ex t tts, wrt in the area defined in Exhibit B.
18
19 P. Extremely Hazardous Waste. shall mean any Hazardous Waste or mixture of
20 Hazardous Wastes which, if human exposure should occur, may likely result in death, disabling
21 personal injury or illness, during or as a proximate result of, any disposal of such waste or
)12 mixture of wastes.
23
24 Q. Franchise Area. means the geographic territory defined in Exhibit B.
25
26 R. Franchise Documents_ shall mean the Agreement (as herein defined), the separately
27 executed Waste Delivery A,gxeement�and the insurance certificates and performance bond or
28 letter —credit required under this Agreement.
29
30 S. Generator. means the owner or occupant of premises, including residences or
31 businesses, which initially produces Solid Waste, Recyclable Materials, or Green Waste.
32
33 T. Green Waste. means organic waste generated from any landscaping including grass
34 clippings, leaves, prttnings, tree trimmings, weeds, branches, and brush.
35
36 U. Gross Receipts. means all monies received by Franchisee for providing franchise
37 services specified in this Agreement, including, but not limited to, payment for regular and
38 special services, leases on containers, pass through costs collected on behalf of the County, and
39 collections received on delinquent accounts. Gross R"e:. is d=L not ' able
40 accounts and pass through costs collected on be of State or other governmental agencies.
41
42 V. Hard -to -Service. may refer to any of the following: ?
)43 I
Revision 1:50 PM 04/01/98
4
1 1) Rural, sparsely populated areas, Attachment A
2 2) Hilly or mountainous terrain,
3 3) Poorly paved or unpaved roads which may be unpassable in
4 poor weather,
5 4) Large, uninhabited areas between pockets of homes,
6 5) Unusually heavy waste due to large properties, livestock, etc.
7
8 W. Hazardous Waste. shall mean any waste material or mixture of wastes which is
9 defined or otherwise considered to be hazardous under any state or federal law, or is toxic,
10 corrosive, flammable, an irritant, a strong sensitizer, which generates pressure through
11 decomposition, heat or other meanns, if such a waste or mixture of wastes may cause substantial
12 personal injury, serious illness or harm to wildlife, during, or as a proximate result of any
13 disposal of such wastes or mixture of wastes. The term "toxic," "corrosive," flammable,"
14 "irritant," or "strong sensitizer" shall be given the same meaning as found in the California
15 Hazardous Substances Act in the Health and Safety Code, Section 28740 et seq.
16
17 ]C Integrated Waste Management Act (IWMA) shall mean the California Integrated
18 Waste Management Act of 1989 (AB 939), including all subsequent amendments.
19
20 Y. Materials Recovery Facility. means a facility intended primarily for recovery and
21 processing of Recyclable Materials that are source -separated, or a facility intended to recover
)22 Recyclable Materials from Solid Waste. Such a facility may also function as a Transfer Station,
23
24 Z. Multi -Residential Units. shall mean permanent buildings containing three or more
25 Residential Units including, but not limited to, condominiums, apartment houses, motels, hotels,
26 mobilehome parks where mobilehome lots are not individually owned, travel trailer parks, and
27 recreational vehicle parks.
28
29 AA. Permitted Hauler. means a Solid Waste service provider who has a valid permit to
30 operate within all, or a portion of, the unincorporated County.
31
32 BB. Person shall mean any Person, firm, business, sole proprietorship, partnership,
33 joint venture, trust, association, or corporation whether for profit or non-profit.
34
35 CC. bblic Roads shall mean those road rights of way in the Unincorporated Area of
36 Riverside County which have been offered to the county and accepted for the purpose of vesting
37 title whether they have been accepted for County maintenance or not
38
39 DD. Recyclable Materials. means material which has been segregated from other Solid
40 Waste material for the purpose of reuse or recycling, including, but not limited to, discarded
41 paper, glass, cardboard, plastic, ferrous materials, green waste or aluminum. Recyclable
42 Materials also include mixed Recyclables consisting of two or more of the above -referenced
�43 material types separated from non -Recyclable Materials at the point of Collection and offered
Revision 1:50 PM 04/01/98 4
Attachment A
1 for Collection in a mixture including not more than five (5) percent Solid Waste by weight.
2
3 EE. Residential Unit, shall mean an occupied dwelling within the unincorporated area
4 of the County occupied by a Person or group of Persons. A Residential Unit shall be deemed
5 occupied when either water or domestic ligh€ and power services are Being supplied thereto.
6 This definition shall apply also to mobilehome subdivisions where the mobilehome lot is
7 individually owned. A duplex is considered to be two (2) attached Residential Units.
8
9 FF. Solid Waste. means all putrescible and non-putrescible solid and semisolid wastes,
10 including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, of ' ,/
11 cons wastes discarded home and industrial appliances, manure, vegetable or animal
12 solid and semisolid wastes, and other discarded solid and semisolid wastes. "Solid Waste" does
13 not include Green Waste or Recyclable Materials. "Solid Waste" does not include Hazardous
14 Waste as defined by the State of California, or low-level radioactive waste. "Solid Waste" does
15 not include medical waste which has not been treated, as required pursuant to state law, for
16 subsequent disposal at a Solid Waste Facility_
17
18 GG. Solid Waste Facility. means any facility that is licensed, permitted or otherwise
19 approved by all governmental bodies and agencies having jurisdiction, and that is designed to
20 manage Solid Waste, Recyclable Materials, or Green Waste, and includes transfer, Recyclable
21 Materials processing, material recovery, composting, waste -to -energy, or landfill facilities.
22
23 HH, S ial Wastes. means any Solid Waste that, because of its source of generation,
24 physical, chemical, or biological characteristics or unique handling or disposal practices, is
25 specifically conditioned in the Solid Waste Facility permit for handling and/or disposal.
26 Examples of Special Wastes include, but are not limited to, the following: bulky items, used �,
27 tires, used oil, grease trap pumpings, septic tank pumpings, sewage sludge, asbe ss oo medical
28 wastes, shipboard and port waste, automobile shredder waste, abandoned vehicles, trees
29 sweepings and catch basin debris, agricultural wastes, cannery waste, and incinerator ash.
30
31 II. 5�tem Facility. means a Solid Waste Facility that is owned and/or operated by the
32 District, or with which the District has entered into an Agreement, and that for the purpose's of
33 this Agreement is designated by the District through a separately executed Waste Delivery
34 Agreement to be used by the Franchisee for the processing, recovery and/or disposal of Solid
35 Waste, Recyclable Materials or Green Waste.
36
37 JJ. Term, means the Term of this Agreement, as provided for in Section 3.
38
39 KK. Transfer Station. shall include those intermediate waste handling facilities where
40 Solid Wastes are transferred from hauling vehicles to a transfer vehicle and where the Solid
41 Waste or a portion thereof may undergo incidental processing, recycling or further handling
42 before transportation to a disposal site, Solid Waste processing facility, or other facilities. The
143 following facilities do not constitute a "transfer station":
Revision 1:50 PM 04/01/98 r
Attachment A
1
2 1) Locations where less than 15 cubic yards of combined container volume are
3 provided to serve as community or multi -residence receptacles for residential refuse.
4 2) Storage receptacles for waste from multi -residential buildings or for
5 commercial Solid Wastes.
6 3) A container used to store construction or demolition wastes at the place of
7 generation.
8 4) Containers used to store salvaged materials.
9
10 LL. Traveled Way. shall mean the accessible Public Road rights of way within the
11 unincorporated portion of Riverside County, and shall include similar roads within Public
12 facilities as specified in Attachment A "Traveled Way" does not include State or Federal
13 Highways.
14
15 MM. Wage Delive Agreement. means the contract entered into by the District and the
16 Franchisee (defined as "Collector" therein) specifying the specific portions of the waste stream
17 that are to be directed to specified System Facilities.
18 /
19 NN. Wood Waste. means industrial dimension lumber, pallets, shipping dunnage, and ✓
20 similar discarded processed wood materials, and large tree limbs.
21
r2 SECTION 3. GRANT AND TERM OF EXCLUSIVE FRANCHISE.
23
24 A. Pursuant to Ordinance 657, and the TWMA, and subject to the terms and conditions of
25 this Agreement, County hereby grants to Franchisee e e c usive ri h privilege, and franchise
26 to provset in Exhibit of this reement within the portion of the Pl\
27 unincorporated area of the County of Riverside specified in Exhibit B of this Agreement for the
28 Term set forth below and to use the County streets and roads for such purposes.
29
30 B. In consideration of the rights, privilege, and franchis granted by this Agreement,
31 Franchisee hereby agrees (1) to provide the services set forth ' Exhibit A of this Agreement
32 within the portion of the unincorporated area of the County Riverside specified in Exhibit B
33 of this Agreement for the Term set forth below; (2) to not c lect from any other portions of the
34 unincorporated county covered by Exclusive Franchis Agreements, except as specified in
35 Exhibit B, Solid Waste, Recyclable Materials or Gree, aste; (3) to the cancellation, upon the
36 Effective Date of this Agreement, of any permit or ther authorization issued by or under the
37 authority of County for the Collection of Solid W �, Recyclable Materials, or Green Waste for
38 the portion of the unincorporated county rmit area covered by Exclusive Franchise
39 Agreements, and (4) hereby waives any righ it may have pursuant to Public Resources Code
40 section 49520 or other laws to advance otice of the cancellation of such permit or other
41 authorization for those areas represented4y' Exclusive Franchise Agreements.
42
�43 Franchisee agrees to abide by the conditions of any permit or other authorization
Revision 1:50 PM 04/01/98 7
Attachment A
1 pertaining to its operations within any unincorporated county area not covered by an Exclusive
2 Franchise Agreement and to terminate said operations upon effective dace of any future
3 Exclusive Franchise Agreement in accordance with, the provisions of this Agreement.
4
5 addi[i Rec �clable Materi ,d frnm .rnmrnR
%? �t�d Industri�! Unit
6. included within the Exclusive Franchise ro the a v' ed for in state and fed law
7
8 C..This Agreement shall of maven (7) years from the Effective Date. }-
9 One.year after the EffectiveveDa a of this Agreement, and annually, thereafter, the Term of this
10 . Agreement -shall be -extended for an •additional.one year,:unless;no.later than-:thirty.(30) days
11 prior thereto either the County,or the -Franchisee gives::written,:notice;,of non-renewal.vthe-other
12 party. Only one notice of non -renewal shall be required hereunder., Notice .of.:non-renewal need
13 not be based, on cause. The above provisions in no way affect ;the- County's right.to: terminate
14 this Agreement following thirty (30) days notice for nonperformance,.as-provided in Sections 9
15 and 10 hereof.
16
17 D. Franchisee will commence -services under this.Agreement:on January 1, •1999.
18
19 E. County will enforce the exclusivity of .the Franchise granted in this Agreement, but
20 will use its reasonable judgment in determining -whether enforcement •issnecessary and the type
21 of steps that should be taken.
)22
23 Y.. In the event that one or more Permitted Haulers currently:operating; in the Franchisee's
24...::Exclusive,Franchise Area have not entered into. an_ Exclusive Franchise._ Agreement with the
25 County which contains a provision similar to Section 3B(2) above,.the following shall apply:
26
27 1) .-Said Permitted, Haulers) may continue :.to; -provide °,comparable services to
28 those specified in this Agreement ..at. rates :• established by, the .Board-. throughout • the
29 remainder of its "five-year wind -down period." Notice of the:five-year wind -down period
30 was given to all Permitted Haulers on July,12,.1994 and affirmed on September 6,f1994.
31
32 2) County shall consider adjusting the rate, band such -,that the minimum, rate that
33 said Permitted Haulers) may charge shall be:the.rates specified in Exhibit E as they. may
34 be adjusted in accordance with Exhibit F.
35
36 3) County shall consider allocating the area(s) which had been designated for
37 said Permitted Hauler(s) (as indicated on the map attached as Exhibit 1) to Franchisees
38 operating in the vicinity of said designated area and impacted by said Permitted.Haulers'
39 activities by considering the following:
40
41 a) Customer base on the Effective Date;
42 b) Customer base on the date the allocation is made;
143 c) Growth occurring within each Franchisee's area;
J44 d) Franchisee's rates;
Revision 10:38 AM 04/21/98 R
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Attachment A
e) Extent to which Franchisee's customer base was impacted by said
Permitted Hauler(s) activities;
f) Geographical features such as major roadways, mountains,
jurisdictional boundaries and Franchise boundaries;
g) Other conditions at the discretion of the Director.
4) If, during the five-year wind -down period, Franchisee's customer base is
significantly reduced because of said Permitted Haulers' operations within its Exclusive
Franchise Area, Franchisee may apply for an Extraordinary Rate Review, in accordance
with Exhibit F.
SECTION 4. FRANCHISE AREA.
The Franchise ,Area granted by this Franchise Agreement is the portion of the
unincorporated Riverside County defined in Exhibit B, "Franchise Area."
ECTION 5. SERVICES PROVIDED BY FRANCHISEE.
A. General.
a �Kuh�
Franchisee shall provide the Collection and transportation within the
Franchise Area in accordance with the terms of this Agreement. The specific manner in which
these services shall be provided is specified in Exhibit A. The Franchisee shall also_ upon
written re u vide optional services in the Franchise Area in accordance
ws the terms set forth in Exhibit A, and the rates set forth iMinimum levels of
Solid Waste service to be provided under this Agreement are defined below, however, no
residential or commercial or business customer sh 1 be refused service, if that part is wi
a Or such service and is current in ment, isputes arising over t e terms on which a
particular customer may a serviced because of remoteness of location, difficulty of access, X
particular needs of the customer, etc. shall be decided in accordance with the provisions of
Section lb (B) (2) related to "service complaints."
B. Single Family Residential.
Weekly Service. Not less often than once per week, and more frequently if required to
handle the waste stream of the premises, Franchisee shall collect the Solid Waste (except bulky
items and Hazardous Waste) which have been placed, kept, or accumulated in containers at
Residential Units within the Franchise Area and placed at curbside prior to Franchisee's normal
weekly Collection time. All Solid Waste must be placed within containers _4L&qzb9de without
obstructions so as to permit Collection, unless otherwise agreed upon by County and Franchisee.
Franchisee may supply containers, andfor may require the use of spccific containers as specified
in Exhibit A. Franchisee may negotiate special pickup procedures, above and beyond the normal
services described above, with customers for an additional fee in an amount provided in Exhibit
Revision 1:50 PM 04101/98 9
E. Attachment A
1
3 C. Commercial Industrial. and Multi -Residential.
4
5 1) Multi -Residential Weekly Service. Not less often than once per week, and
6 more frequently if required to handle the waste stream of the premises where the Bins are
7 located, Franchisee shall collect the Solid Wastes (including bulky items which have been
8 placed in a closed bin, and excepting metallic white goods and Hazardous Waste) which
9 have been placed, kept or accumulated for Collection in Solid Waste Bins at Multi-
10 Residential Units.
I
12 2) Commercial and industrial Weekly Service. Not less often than once per
13 week, and more frequently if required to handle the waste stream of the premises where
14 the Bins are located, Franchisee shall collect the Solid Wastes which have been placed,
15 kept or accumulated for Collection in Solid Waste Bins at Commercial Units.
16
17 D. Construction and Tem ora Bin/Rol]off Services.
18
19 Franchisee shall provide construction and temporary bin/rolloff services using rates
20 reflected in Exhibit E.
21
}?2 E. Semi -Annual Cleanup and Bulky Wastes Collection.
23 Xjrytp/a
24 1) At least twice a year, Franchisee shall provide a one (1) day cleanup service to
25 all Residential Unit customers on its routes wherein all bulky materials left on the curb, or
26 other designated location on or adjacent to customer's property, up to a maximum of one
27 and one-half cubic yards, will be removed and disposed. Cost for this service, excluding
28 the Cast o as shall be included within the normal monthly rates for Residential
29 Unit Solid Waste Collection as specified in Exhibit E. When feasible, the bulky material
30 will be collected in a vehicle separate from the one used to pick up the residential unit's
31 Solid Waste on a weekly basis so that it can be readily identified as not requiring tipping
32 fees when it arrives at the designated landfill. Franchisee will make a good faith effort to
33 divert the bulky material away from the designated landfill and to another facility where it
34 can be either recycled or refurbished for reuse. Collection of heavy waste materials such
35 as dirt, rock, concrete, and asphalt are not included in this service.
36
37 2) Franchisee shall provide Residential Unit customers with Bulky Wastes pick-
38 up service arranged at the request of the customer for large household appliances or
39 furniture or multiple smaller items not exceeding one and one-half cubic yards.
40 Collection of heavy waste materials such as dirt, rock, concrete, and asphalt are not
41 included in this service. Franchisee shall advertise the availability of the Bulky Wastes
42 Collection service and shall provide the Bulky Waste Collection service within seven (7)
43 working days of request by customer. Franchisee shall bill the customer for Bulky Waste
)44 Collection at the rate established in Exhibit E. Standard disposal rates shall be paid by
Revision 1:50 PM 04/01/98 10
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Franchisee at the System Facility.
3)
roIloff refuse
Attachment A
by the
uzrec€ to res and to or ---
Franchisee shall deliver containers to agreed upon collection points and shall cooperate
with the Director and designated community leaders to remove containers and dispose of
collected Solid Waste. Franchisee is obligated to provide the equivalent of two 40-cubic
yard bins/loads per year for each 1,000 Residential Unit customers serviced within the
Franchise Area. The District will arrange that there shall be no charge of disposal fees for j
such Solid Waste delivered in separate vehicles to the System Facilities. J
F. Ilie�al Dumping Retrieval Services
Franchisee agrees to provide specified illegal dumping retrieval and disposal services as
follows:
1) Franchisee shall turn in to County a monthly report of illegal dumping of
trash (in quantities exceeding one equivalent medium size trash bag) and bulky items
(such as tires, couches, and appliances) noticed within or along the Traveled Way in the
franchise area. For the purpose of this provision, the Traveled Way shall include public
rights of way within twenty (20) feet of the paved roadways and within twenty (20) feet
of the shoulders of unpaved roadways.
2) Franchisee shall anticipate and arrange to receive daily by facsimile, copies of
reports of illegal dumping reported by citizens to the Department of Environmental
Health, Department of Transportation, or the Waste Resources Management District,
3) Franchisee shall arrange to remove and shall dispose all such reported illegally
dumped materials on Traveled Way within forty-eight (48) hours of the receipt of reports
thereof except for remote areas, as approved by the director, for which the removal shall
occur within five working days. The Franchisee. ay request that specified -roads,
determined by the franchisee t '� #or r ;
Director or revised waste removal requirements.
4) Franchisee shall leave the original reports (or copies thereof) with the gate fee
collector at County disposal sites at the time of delivery of the corresponding loads of
illegally dumped debris. Nothing herein shall prevent the immediate pickup, delivery and
reporting thereof, as part of the normal route collection activities, of illegally discarded
material.
5) Abandoned vehicles and objects or appliances larger than conventional
household furniture or appliances as well as hazardous, special and medical wastes are
exempt from the retrieval requirements set forth herein, provided, however, that of these
exempted items noted within the traveled way are to be immediately reported to the
Revision 1:50 PM 04/01/98 11
Attachment A
1 I Director.
2
3 6) The Franchisee shall, upon request of private property owners, the Director or
4 the Departments of County Transportation and Land Management Agency, provide
5 removal services for waste illegally disposed of on their private property, excluding those
6 wastes described immediately above in paragraph 5, at a cost or costs as be specified in
7 Exhibit E.
8
9 7) Illegally disposed materials along Traveled Ways within one mile of disposal
10 sites within Riverside County are exempt from the retrieval requirements set forth herein.
I
12
33 8) For sixty (60) days from the effective date of this contract, the County will
14 arrange that there shall be no charge of disposal fees at System Facilities, Whereafter,
15 Franchisee shall pay the usual fees charged for comparable types and quantities of Solid
16 Waste.
17
t8 9) Within sixty (60) days of the end of each year of this Agreement, Franchisees
19 shall submit to the Director an accurate accounting of its costs to provide Illegal Duinpingf
20 Retrieval Service,
21
)22 G. Collection of Used Motor Oil.
23
24 Franchisee shall collect used motor oil from single family residential customers in
25 accordance with the Recycled Oil Collection and Storage Standards pursuant to Riverside
26 County Ordinance 657 and Riverside County Resolution 90-668,
27
28 H. Diversion Services
29
30 1) Diversion services proposed by Franchisee as described in Exhibit H shall be
31 provided throughout the duration of this contract
32
33 2) At anytime during the term of this Agreement, upon one hundred eighty (180)
34 days written notice from the Director, Franchisee shall provide collection of Green Waste
35 from Residential Units throughout, or in designated portions of its Exclusive Franchise
36 Area. Franchisee's rates for this service shall be as established in Exhibit E as adjusted by
37 the methodology established in Exhibit F.
38
39 I. Collection and E ui ment
40
41 Franchisee shall provide an adequate number of vehicles and equipment for the
42 Collection, transportation, recycling, and disposal of Solid Waste for which it is responsible
43 under this Franchise Agreement. No vehicle shall be used for the collection and transportation of
44 Solid Waste, Recyclable Materials or Green Waste, prior to inspection and approval by the
Revision 1:50 PM 04/01198 12
Attachment A
1 Department. The equipment of Franchisee used under this Franchise Agreement shall in addition
2 be subject to inspection by the Department on an annual basis.
3
4 1) All vehicles used by Franchisee under this Franchise Agreement shall be
5 registered with the Department of Motor Vehicles of the State of California, shall be kept
6 clean and in good repair, and shall be uniformly painted.
7
8 2) Solid Waste Collection vehicles shall be washed at least once every seven (7) x
9 calendar days.
10
11 3) A local or toll free telephone number, and vehicle number shall be visibly
12 displayed on all vehicles in letters and figures no less than three inches (3") high.
13
14 SECTION 6. OWNERSHIP OF SOLID WASTE.
15 /
16 Once Solid Waste, Green Waste, Wood Waste and construction debris collected from V
17 Residential, Commercial or Multi -Residential Units are picked up by Franchisee from Bins for
I8 Collection or containers at curbside, and once Recyclable Materials are set out for collection,
19 ownership shall transfer to Franchisee. Solid Waste, Recyclable Materials, Green Waste, Wood
20 Waste and construction debris, or any part thereof, shall become the property of the owner or
21 operator of a System Facility once deposited there by Franchisee.
)22
23 SECTION 7. DIRECTION OF COLLECTED MATERIALS.
24
25 The direction of the flow of materials collected by the Franchisee under this Agreement is
26 governed by the separately executed Waste Delivery Agreement between the Franchisee (defined
27 as "Collector" therein) and the District. The rates shown in Exhibit E are based on the
28 facility(ies) designated in the Waste Delivery Agreement to be effective on the same date as this
29 Agreement.
30
31 SECTION S. INDENIlVIFICATION AND INSURANCE, AND BOND.
32
33 A. IndeMpification of County and District.
34
35 Separate and distinct from the insurance provisions found in this Agreement, Franchisee
36 agrees to defend, indemnify, and hold harmless, County and District and their officers, agents,
37 and employees from and against any and all claims, demands, damages, liabilities, costs or
38 expenses for any damages or injuries to any person or property, including, but not limited to,
39 injury to Franchisee's officers, agents, or employees which arise from or are connected with or
40 are caused or claimed to be caused by negligent acts or omissions of Franchisee, and its officers,
41 agents, or employees, in performing the work or services herein, and all reasonable costs and
42 expenses of investigating and defending against same; provided, however, that Franchisee's duty
43 to indemnify and hold harmless shall not include any claims or liability arising from the
Revision 1:50 PM 04/01/98 13
I negligence or misconduct of County or District or their agents, officers, or employeesAttachment A,
2
3 This obligation shall not be limited by the amounts,or coverage specified in the.insurance
4 policies . and bond(s) supplied by franchisee in .conjunction with the agreement. This
5 indemnification obligation shall survive the temi of the franchise.
6
7 13. Hazardous Substances Indemnification
8
9 Without-limitiner the generality of the foregoing, if Franchisee has acted negligently or
10 ; willfully with respect to the collection or!.transportation of waste. materials; -Franchisee .shall
1I indemnify, defend with counsel approved by County, protect-: and hold: harmless- County and
12 District and their respective employees, agents, _assigns,- and: any ,successor or successors to
13 County's interest from and against all claims, actual damages.(including, but -not limited to,
14 special and consequential damages), natural resources • -damage; .injuries, costs, . response
15 remediation and removal costs, losses, demands, debts, -liens;-fabilities,.cause's of action, suits,
16 legal or administrative proceedings, interest, fines, charges, penalties; and expenses (including,
17 but not limited to, attorneys' and expert witness fees and -costs :incurred in connection with
18 defending against any of the foregoing or in enforcing,-this•indemnity) of -any kin&whatsoever
19 paid, incurred or suffered by, or asserted against, County or District or .their respective officers,
20 employees, agents, or Franchisees arising from or attributable to any -repair, :cleanup or
21 detoxification, or preparation and implementation of any removal, remedial, response, closure or
. 22 other_ plan -(regardless of whether undertaken due -.to, governmental action) 'concerning .any
23 hazardous: substance or Hazardous Wastes at any place where -.Franchisee stores ,or .disposes -of
24 :, municipal Solid. Waste or_ construction., debris.. pursuant, to this -Agreement. :The foregoing
25 indemnity is intended to operate as an Agreement pursuant • to Section 107(e) of the
26 -Comprehensive Environmental. Response, Compensation and Liability Act, "CERCLA", 42
27 U.S.C. Section 9607(e) and California Health.and Safety., Code Section.25364, to insure, protect,
28 hold harmless, and indemnify County from liability.
29
30 C Minimum Diversion Requirements
31
32 The percentage of all materials collected by Franchisee under -this Agreement, as detailed$
33 in Form_ 5 in programs approved by County, shall be recycled, processed and/or marketed by
34 Franchisee in a manner which entitles County to diversion credit as specified in California Public
35 Resources Code, Section 41780 measured on a calendar year basis beginning January 1, 1999
36 ("Minimum Diversion Requirement") provided the County adopts the recommended diversion
37 programs as stated in Form 5, Diversion Proposal. Within sixty (60) days of each calendar year,
38 Collector shall pay County as liquidated damages for failing to meet this requirement, twenty
39 dollars ($20.00) per ton, for each ton which was not diverted, which if it had been diverted would
40 have enabled Franchisee to meet the Minimum Diversion Requirement for calendar year 2000
41 and each successive year. Further, if Franchisee fails to meet the annual Minimum Diversion
42 Requirements two (2)times after the execution of the agreement, County may terminate this
)43 Agreement upon one hundred twenty (120) days notice. if the County, or District on behalf of
44 the County, finds that additional programs are necessary to meet any IWMA required diversion
Revision 10:36 AM 04/21/98 14
Attachment A
' 1 goals the County, or District on behalf of the County, may require proposals for additional
2 diversion programs to meet the diversion requirements. If necessary, County and Franchisee
3 shall enter into good faith negotiations, but if agreement regarding programs and/or rate
4 adjustments cannot be reached, County reserves the right upon one hundred twenty (120) days
5 notice thereof to terminate the Franchisee's Franchise rights to collect Solid Waste, Recyclable
6 Materials, and/or Green Waste, and/or to independently implement programs that may be needed
7 to meet the minimum diversion requirement.
8
9 If commercial recycling is being performed by generators, and others, to the extent the
10 Franchisee is unable to meet its Minimum Diversion Requirements, Franchisee shall document
11 such commercial recycling in writing and petition the Director for an equitable adjustment of
12 Franchisee's Minimum Diversion Requirement, which shall not be unreasonably denied.
13
14 D. Worker's Compensation insurance.
15
16 Franchisee shall obtain and maintain in full force and effect throughout the entire Term of
17 this Agreement full workers' compensation insurance in accord with the provisions and
18 requirements of the Labor Code of the State of California. Endorsements that implement the
19 required coverage shall be filed and maintained with the Director throughout the Term of this
20 Agreement. The policy providing coverage shall be amended to provide that the insurance shall
21 not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days'
�22 prior written notice by certified mail, return receipt requested, has been given to County. The
23 policy shall also be amended to waive all rights of subrogation against the County and the
24 District, its elected or appointed officials, employees, agents, or Franchisees for losses which
25 arise from work performed by the named insured for the County.
26
27 U. Public Liability.Insurance.
28
29 Franchisee shall obtain and maintain in full force and effect throughout the entire Term of
30 this Agreement a Broad Form Comprehensive General Liability (occurrence) policy with a
31 minimum limit of three million dollars ($3,000,000.00) aggregate and one million five hundred
32 thousand dollars ($1,500,000.00) per occurrence for bodily injury and property damage. Said
33 insurance shall protect Franchisee, the County, the District, and their elected or appointed
34 officials, employees, and agents, from any claim for damages for bodily injury, including
35 accidental death, as well as from any claim for property damage which may arise from operations
36 performed pursuant to this Franchise Agreement, whether such operations be by Franchisee
37 itself, or by its agents and/or employees. Copies of the policies or endorsements evidencing the
38 above required insurance coverage shall be filed with the Director. All of the following
39 endorsements are required to be made a part of the insurance policies required by this Section:
40
Revision 1:50 PM 04/01/98 15
Attachment A
1 1 1) "This policy shall be considered primary insurance as respects any other valid
2 and collectible insurance the County may possess including any self -insured retention the
3 County may have, and any other insurance the County or District does possess shall be
4 considered excess insurance and shall not contribute with it."
5
6 2) "This insurance shall act for each insured, as though a separate policy had
7 been written for each. This, however, shall not act to increase the limit of liability of the
8 insuring company."
9
10 3) Franchisee shall cause its insurance carrier(s) to furnish County and District
11 by direct mail with certificate(s) of insurance showing that such insurance is in full force
12 and effect, and County and District are named as additional insureds with respect to this
13 Franchise and the obligations of Franchise hereunder. Further, said certificate(s) shall
14 contain the covenant of the insurance carrier(s) that thirty (30) days written notice shall be
15 given to County and District prior to modification, cancellation or reduction in coverage
16 of such insurance. In the event of any such modification, cancellation or reduction in
17 coverage and on the effective date thereof, this Franchise shall terminate forthwith, unless
is County and District receive prior to such effective date another certificate from an
19 insurance carrier that the insurance required herein is in full force and effect.
20
21 The limits of such insurance coverage, and companies, shall be subject to review by the Director
)22 every year and may be modified at that time by the County upon a demonstration of reasonable
23 need. The County and the District shall be named as additional insureds on all policies and
24 endorsements.
25
26 F. Performance Bond or Letter of Credit
27
28 1) Franchisee shall furnish a corporate surety bond as security for performance
29 under this Agreement. The amount of the bond shall be the average of two months'
30 expected Gross Receipts. Premium for the above described bond(s) shall be paid by
31 Franchisee. A certificate from the surety showing that the bond premiums have been paid
32 in full shall accompany the bond. The surety on the bond shall be a company acceptable
33 by the County and shall be a corporate surety company authorized to do business in the
34 State of California.
35
36 G. Modifacation,
37
38 The insurance requirements provided herein may be modified or waived in writing by the
39 Board upon the request of Franchisee, provided the Board determines such modification or
40 waiver is in the best interest of County, in its reasonable judgment, considering all relevant
41 factors, including financial guarantees provided by the parent company of Franchisee. = j
42 !
43 SECTION 9. DEFAULT AND REMEDIES.
44 ]
Revision 150 PM 04/01/98 16
Attachment A
1 A. If the Director determines that the Franchisee's performance pursuant to this
2 Agreement has breached its obligation or otherwise has not been in conformity with reasonable
3 industry standards, the provisions of this Agreement, the requirements of the California
4 Integrated Waste Management Board, including, but not limited to, requirements for source
5 reduction and recycling (as to the waste stream subject to this Franchise Agreement) or any other
6 applicable Federal, State, or local law, ordinance or regulation, including, but not limited to, the
7 laws governing transfer, storage, or disposal of Special Wastes or Hazardous Wastes, the
8 Director shall advise Franchisee in writing of such deficiencies. The Director may, in such
9 written instrument, set a reasonable time within which correction of all such deficiencies is to be
10 made. Unless otherwise specified, a reasonable time for correction shall be thirty (30) days from
11 the mailing of such written notice. The Director shall review the Franchisee's response and
12 either notify the Franchisee of that decision, in writing, or refer the matter to the Board. A
13 decision or order of the Director shall be final and binding on Franchisee if the Franchisee fails
14 to file a "Notice of Appeal" with the Director within thirty (30) days of receipt of the Director's
15 decision. Within ten working days of receipt of a Notice of Appeal, the Director shall either
16 refer the appeal to the Board for proceedings in accordance with Subsections 9B and 9C, below,
17 or refer the matter to a hearing officer as provided in Section 11, below. Where the County and
18 the Franchisee have claims pending against each other at the same time under Section 9 and
19 Section 11 jurisdiction shall be with the Board.
20
21 B. The Board, may set the matter for hearing. The Board shall give Franchisee, and any
)22 other Person requesting the same, fourteen (14) days written notice of the time and place of the
23 hearing. At the hearing, the Board shall consider the report of the Director indicating the
24 deficiencies, and shall give the Franchisee, or its representatives and any other interested Person,
25 a reasonable opportunity to be heard.
26
27 C. Based on the evidence presented at the public hearing, the Board. shall determine by
28 Resolution whether the Agreement should be terminated or other remedies imposed. If, based
29 upon the record, the Board determines that the performance of Franchisee is in breach of any
30 material Term of this Agreement or any material provision of any applicable Federal, State, or
31 local statute, ordinance or regulation, or is deficient with respect to prevailing industry
32 standards, the Board in the exercise of its sole discretion, may terminate forthwith, this
33 Agreement.. Franchisee's performance under its franchise is not excused during the period of
34 time prior to the Board's final determination as to whether such performance is deficient.
35
36 D. The right of termination is in addition to any other rights of County upon failure of
37 Franchisee to perform its obligations under this Agreement.
38
39 E. The County further reserves the right to terminate Franchisee's franchise, following
40 public hearing therefor, not later than 6 months following the date of said hearing at which a
41 majority vote of the board determines it is in the public interest to do so:
42
Revision 1:50 PM 0410119E 17
Attachment A
1 1 1) If the Franchisee practices, or attempts to practice, any fraud or deceit upon
2 the County.
3
4 2) If the Franchisee becomes insolvent, unable, or unwilling to pay its debts, or
5 upon listing of an order for relief in favor of Franchisee in a bankruptcy proceeding.
6
7 3) If the Franchisee fails to provide or maintain in full force and effect, the
8 workers' compensation, liability, indemnification coverage, and performance bond as
9 required by the Agreement.
10
11 4) If the Franchisee willfully violates any orders or rulings of any regulatory body
12 having jurisdiction over the Franchisee relative to this Agreement, provided the
13 Franchisee may contest any such orders or rulings by appropriate proceedings conducted
14 in good faith, in which case no breach of the franchise shall be deemed to have occurred,
15
16 5) If the Franchisee ceases to provide Collection services as required under this
17 Agreement overall or a substantial portion of its Franchise Area for a period of seven (7)
18 days or more, for any reason within the control of the Franchisee.
19
20 6) If the Franchisee willfully fails to make any payments required under the
21 Agreement and/or refuses to provide County with required information, reports, and/or
)22 test results in a timely manner as provided in the Franchise Agreement.
23
24 7) For any other act or omission by the Franchisee which materially violates the
25 terms, conditions, or requirements of this franchise, Ordinance 657, successor ordinance,
26 other county ordinance, the IWMA, successor acts, or any order, directive, rule, or
27 regulation issued thereunder and which is not corrected or remedied within the time set in
28 the written notice of the violation or, if the Franchisee cannot reasonably correct or
29 remedy the breach within the time set forth in such notice, if the Franchisee should fail to
30 commence to correct or remedy such violation within the time set forth in such notice and
31 diligently effect such correction or remedy thereafter.
32
33 8) Should the Franchisee or any parent corporation or entity, or any of the
34 officers or directors of the Franchisee or any parent corporation or entity be found guilty
35 of felonious conduct related to the performance of this Agreement, or of felonious
36 conduct related to anti-trust activities, illegal transport or disposal of hazardous waste or
37 materials, or violation of Racketeer - Influenced Corrupt Organizations (RICO) Statutes.
38
39 F, Professional Conduct
40
41 1) In the event that any official, employee, or contractor for Franchisee or its
42 successor -in -interest is indicted by a grand jury, named as a defendant in a felony
43 complaint filed in any court in the United States, or is otherwise alleged to have
)14 participated in any criminal activity directly or indirectly associated with the solid waste
Revision 1:50 PM 04/01/98 18
Attacbment A
! 1 management business, Franchisee or its successor -in -interest shall provide written notice
2 thereof to the Director within 14 days of such indictment, complaint or allegation. Such
3 notice shall contain a description of the indictment, complaint or allegation, as well as a
4 copy of such indictment or complaint or other matters of public record related thereto. In
5 addition to the foregoing, Franchisee or its successor -in -interest shall provide the Director
6 with copies of any reports required to be prepared by Franchisee or its successor-in-
7 interest pursuant to federal securities laws, including quarterly and annual reports.
8
9 2) In the event that any official, employee, or contractor for Franchisee or its
10 successor -in -interest, who has any responsibility for any aspect of the franchisee's
l l operations under this contract, is convicted, indicted by a grand jury, or named as a
12 defendant in a felony complaint filed in the Superior Court or a complaint filed in Federal
13 Court associated with conduct of doing business for Franchisee or its successor-in-
14 interest, this person shall, upon request of the County be immediately removed from any
15 assignment whatsoever, directly associated with operations under this contract during the
16 pendency of trial and/or following conviction.
17
1s G. This Agreement is subject to all present and future laws, regulations and orders of
19 Federal, State, County, and City governments and any instrumentalities thereof_ Should either
20 of the parties hereto at any time during the Term of this Agreement be ordered or required,
21 pursuant to any laws, regulations or orders, to do any act that substantially impairs the party's
)22 ability to perform under this Agreement, then such party shall notify the other party of such
23 order or requirement and the law, regulation or order on which such order or requirement is
24 based. Unless the parties agree in writing to continue this Agreement, or to renegotiate the
25 terms of the Agreement within thirty (30) days after the Effective Date of such law, regulation or
26 order, then this Agreement shall terminate on the thirty-first day following the Effective Date of
27 such Iaw, regulation or order. Nothing in this Agreement shall prohibit either party, at that
28 party's sole expense from obtaining or seeking to obtain modification or repeal of such law,
29 regulation or order or restrict either party's right to legally contest the validity of such law,
30 regulation or order.
31
32 SECTION 10. DISRUPTIONS IN SERVICE.
33
34 A. If, at any time during the Terre of this Agreement for a period of seventy-two (72)
35 consecutive hours or more, Franchisee fails for any reason to collect and remove Solid Waste as
36 required hereunder, County may immediately, upon written notice to Franchisee, cause such
37 Solid Waste to be collected and removed by whatever means available to County. Franchisee
38 shall pay any and all costs incurred by County in providing the service. This clause shall not
39 apply to failure to collect due to unsafe weather or road conditions, provided, however, that the
40 franchisee immediately notifies the Director of the areas affected by such conditions with an
41 estimate of when service will be resumed.
42
43 $. In the event Franchisee fails to collect and remove Solid Waste as required hereunder
)44 for a period of at least seventy-two (72) consecutive hours, County, upon written notice to
Revision 1:50 PM 04/01/98 19
Attachment A
1 Franchisee, may take temporary possession of and operate any and all trucks or other equipment
2 used by Franchisee for Collection and removal of Solid Waste in the Franchise until such time,
3 not to exceed one hundred twenty (120) days, as Franchisee satisfies County that it is ready,
4 able, and willing to comply with all of the Provisions of this Agreement. In this event
5 Franchisee shall provide County with driver route listings and necessary operational records.
6 County shall be reimbursed by Franchisee for all costs of providing such substitute service. In
7 such events, Franchisee shall indemnify and hold harmless County from and against any damage
8 or liability to any third Person injured or damaged as a result of Franchisee's actions or inactions
9 excepting County's sole negligence in providing such substitute service. Employees of
10 Franchisee, including management employees, may be employed by County during any period in
11 which County temporarily assumes the obligations of Franchisee under this Agreement.
12 However, the rates of compensation paid to Franchisee's employees, or any other employees,
13 during such period shall not exceed the rates in effect between Franchisee and its employees at
14 the time Franchisee's service was interrupted.
15
16 C. The parties hereby agree that if Franchisee's failure to perform hereunder is due to a
17 strike or labor dispute or other force majeure event, this Agreement shall not terminate and shall
18 continue to be effective for the duration of such strike or labor dispute. In the event of such a
19 strike or labor dispute, Franchisee shalt maintain an unobstructed entrance at its place of
20 business which is not regularly used but which will be primarily reserved for use by County
21 access while County or its designated representative is performing Franchisee's responsibilities.
�22 If the labor dispute or picketing blocks access to Franchisee's place of business, Franchisee shall
23 receive no compensation for any time period in which it failed to perform in accordance with the
24 provisions of this Agreement.
25
26
27 SECTION 11. ADMINISTRATIVE HEARING PROCEDURES.
28
29 A. Should Franchisee contend that the County is in breach of this Franchise Agreement,
30 it shall file a request with the Director for an administrative hearing on the allegation.
31
32 B. If the Director refers a matter to a hearing officer, or if the Franchisee should allege a
33 breach of the franchise by the County, County and Franchisee shall mutually agree on a hearing
34 officer within twenty (20) days. County and the Franchisee may, but are not required to, choose
35 a hearing officer from among retired Califomia Superior Court judges or Appellate Court
36 justices, none of whom arc related to the parties, and such retired judges or justices may be
37 affiliated IYith private judicial service companies, such as Judicial Arbitration and Mediation
38 Services.
39
40 C. The hearing shall be conducted according to the provisions of California Government
41 Code Section 11500, et sea. The exclusive venue shall be in Riverside County, California. A
42 hearing officer to whom a matter is referred shall have the authority to (i) order the County or
43 the Franchisee to undertake remedial action to cure the breach and to prevent occurrence of
Revision 1:50 PM 04/01/98 20
Attachment A
1 similar breaches in the future; (ii) assess damages and/or levy a penalty upon the County or
2 Franchisee consistent with the terms of this Agreement including terminate the Agreement; or
3 (iii) find there has been no breach. The amount of the penalty shall be reasonably related to the
4 seriousness of the breach of the Agreement.
5
6 D. The party losing the hearing shall be liable for the hearing officer's fees.
7
8 E. Any failure of the Franchisee or County to comply with the hearing officer's order
9 shall be deemed a material breach of the Agreement, and may be grounds for termination of the
10 Agreement.
11
12 F. Any party to the hearing may issue a request to compel reasonable document
13 production from the other party. Disputes concerning the scope of document production and
14 enforcement of document requests shall be subject to Agreement by the parties, or if Agreement
15 is not reached within twenty (20) days of that document request, then by disposition by order of
16 the hearing officer. Any such document request shall be subject to the proprietary rights and
17 rights of privilege of the parties, and the hearing officer shall adopt procedures to protect such
18 rights.
19
20 G. Neither party may communicate separately with the hearing officer after the hearing
21 officer has been selected. All subsequent communications between a party and a hearing officer
)22 shall be simultaneously delivered to the other party. This provision shall not apply to
23 communications made to schedule a hearing or request a continuance.
24
25 H. Until final judgment is entered from the hearing officer proceeding under the
26 foregoing provisions and the time for appeal or other post -judgment petition has expired, the
27 imposition or enforcement of any penalties or sanctions provided in the Agreement and related
28 to the subject matter of the hearing shall be stayed. The hearing officer may modify or cancel
29 any proposed penalties or sanctions upon a finding that the party subject thereto acted with
30 substantial justification or if the interests of justice so require.
31
32 L Judicial review is as provided for in Code of Civil Procedure Section 1094.5.
33
34
35 SECTION 12. FRANCHISE TRANSFERABILITY.
36
37 A. The franchise granted by this Agreement shall not be transferred, sold, hypothecated,
38 leased, or assigned, nor shall any of the rights or privileges herein be hypothecated, leased,
39 assigned, sold, or transferred, either in whole or in part, nor shall title thereto, either legal or
40 equitable, or any right, interest, or property therein, pass to or vest in any Person, except the
41 Franchisee, either by act of the Franchisee or by operation of law, without the prior written
42 consent of the County expressed by Resolution. Any attempt by Franchisee to assign this
y43 franchise without the consent of County shall be void. The County shall review such a request
Revision 1:50 PM 04/01/98 21
Attachment A
I using such criteria as it deems necessary including, but not limited to, those listed in Subsection
2 C.
3
4 B. The County shall not unreasonably withhold its consent to a transfer of the franchise
5 granted by this Franchise Agreement. The County may impose new conditions of approval on a
6 Franchise Agreement transfer, including, but not limited io,'conditions requiring acceptance of
7 any reasonable amendments to this Agreement.
s
9 C. If the Franchisee requests that the County consider and consent to a transfer, the
10 Franchisee shall meet the following requirements:
Il
12 1) The Franchisee shall pay the County its reasonable expenses for attorney's fees
13 and investigation costs necessary to investigate the suitability of any proposed transferee,
14 and to review and finalize any documentation required as a condition for approving any
15 such transfer.
16
17 2) The Franchisee shall furnish the County with audited financial statements of
18 the proposed transferee's operations for the immediately preceding three (3) operating
19 years.
20
21 3) The Franchisee shall furnish the County with satisfactory proof. (i) that the
)22 proposed transferee has at least five (5) years of solid waste management experience of a
23 scale equal to or exceeding the scale of operations conducted by Franchisee under this
24 Agreement; (ii) that in the last five (5) years, the proposed transferee has Rot suffered any
25 citations or other censure from any federal, state or local agency having jurisdiction over
26 its waste management operations due to any significant failure to comply with state,
27 federal or local waste management laws. Franchisee shall supply the County with a
28 complete list of such citations and censures; (iii) that the proposed transferee has at all
29 times conducted its operations in an environmentally safe and conscientious fashion; (iv)
30 that the proposed transferee conducts its solid waste management practices in accordance
31 with sound waste management practices in full compliance with all federal, state and
32 local laws regulating the Collection and disposal of waste; (v) of comparable financial
33 strength; (vi) of required insurance and bonds; and (vii) of other material as may be
34 requested by the County.
35
36 D. This franchise or portions thereof may be transferred, sold, hypothecated, ]cased, or
37 assigned by the County to any Public Agency having the authority to provide solid waste
38 collection services if the Board determines it is in the public interest to do so
39
4o SECTION 13. REPORTS.
41
42 A. Franchisee shall provide the Director the periodic reports regarding waste stream
,43 Collection, recovery and disposal specified in Exhibit D of this Agreement.
Revision 1:50 PM 04101/98 22
Attachment A
1
2 B. Franchisee shall make its customer base and records available to the Department for
3 audit at reasonable times for purposes relevant to review of performance and rate adjustment
4 requests under the Agreement.
5
6 SECTION 14. COMPENSATION.
7
8 A. Franchisee Rates.
9
10 Franchisee shall provide the services described in this Agreement and its exhibits in
11 accordance with the rates set forth in the Exhibit E. Recyclable Materials collected from
12 Commercial and industrial Units are included in this Exclusive Franchise to the extent provided
13 in state and federal law. Exhibit E specifies the maximum rate to be charged for such materials.
14
15 B. Modification and Adjustment of Rates.
16
17 If the Franchisee owns, has a financial interest in or operates any landfill located in
18 Riverside County at any time during the effective period of this contract, the Franchisee shall
19 provide copies of all contract and any supplemental agreements is has with each of its (in
20 county)contract customers for disposal of waste at these sites. If rate discrepancies or financial
21 incentives exhibit a potentially unfair advantage or District subsidy, the Franchisee hereby agrees
rM the County Board of Supervisors shall have the authority to renegotiate the County Franchise
23 rates and/or the terms of the landfill operating agreement. The rates set forth on Exhibit E shall
24 remain in effect until adjusted by County following a public hearing as provided in Exhibit F.
25
26 C. Notice of Rate Changes
27
28 The Franchisee shall provide customers a minimum of thirty (30) days written notice of
29 the implementation of changes in any of its rates and charges provided Franchisee has ninety (90)
30 days notice from County regarding approved changes in landfill fees and CPI adjustments. The
31 wording of the notice shall be submitted to the Director ten (10) days in advance of its release,
32 and shall be approved as to form prior to release. County shall provide Franchisee with written
33 notice of changes in System Facility, Franchise, or Illegal Dumping Retrieval Services at least
34 forty-five (45) days in advance of the anticipated rate changes.
35
36 D. Resolution of Disputes Regarding&garding Rate AdiustmentL X
37
38 Any dispute regarding adjustment, or the computation or any other dispute regarding
39 Franchisee's reimbursement for fees, special services, or extraordinary costs described in Exhibit
40 D, shall be decided by the Director or his representative. If resolution can not be reached, the
41 Director shall refer the matter to the Board of Supervisors, or to a hearing officer as provided in
42 Section 11 above. The rates in effect at the time such dispute is submitted to the Board of
y43 Supervisors, or a hearing officer shall remain in effect pending resolution of such dispute. The
l Revision 1:50 PM 04/01/98 23
Attachment A
1 Effective Date of any dispute resolution, whether retroactive or prospective, shall reasonably be
2 determined by the Board of Supervisors, or the hearing officer, as appropriate. Any Franchisee
3 operating in a Comprehensive Collection Area shall be subject to all applicable provisions in the
4 County's comprehensive collection ordinance.
5
6 E. Billing and Payment.
7
8 Franchisee may bill and receive payment as provided in Exhibit E. In cases where
9 Franchisee includes a Landfill Tipping Fee amount on a customer's bill, the County shall
10 prescribe the amount consistent with established waste generation factors and Tipping Fees.
11 Further, on a quarterly basis, the County shall be allowed to include a one (1) page insert for the
12 purpose of public education regarding waste disposal, recycling, or other environmental issues.
13 Print ready copy of such insert, which conforms to the Franchisees' billing, shall be delivered by
14 County Information Officer thirty (30) working days in advance of Franchisee's billing dates.
15
16 F. Delinquent Accounts.
17
18 Franchisee may discontinue service for non-payment of customer's billing or customer's
19 failure to substantially comply with the requirements of this Agreement. After the Franchisee has
20 given fifteen (15) days' notice to customer for non-compliance, Franchisee shall notify the
21 Director in writing of any service termination including a written copy of the notice to the
)22 customer. Upon payment of the delinquent fees, if applicable, Franchisee shall resume
23 Collection on the next regularly scheduled Collection day. Any Franchisee operating in a
24 comprehensive collection area shall be subject to all applicable provisions in the comprehensive
25 collection ordinance.
26
27 G. Refunds.
28
29 Franchisee shall refund to each customer, on a pro rata basis, any advance service
30 payments made by such customer for service not provided when service is discontinued by
31 written notification to Franchisee by the customer.
32
33
34 SECTION 15. FRANCHISE FEES.
35
36 A Franchise Fee of eight (8) percent of the Franchisee's Gross Receipts, less landfill fees
37 or Transfer Station Tipping Fees, shall be payable by Franchisee to the Department thirty (30)
38 days after the close of each quarter of each year this Agreement remains in effect. The Franchise
39 Fee shall not be required to be paid for revenues generated by the collection or sale of Recyclable
40 Materials and Green Waste collected by the Franchisee, or for the provision of construction roll
41 off services. A penalty of ten (10) percent shall be due` or fees not submitted within the thirty
42 (30) day time period.
43
Revision 1:50 PM 04/01/98 24
Attachment
1 County may, at its sole discretion, adjust the Franchise Fee at any time after giving
2 Franchisee one hundred twenty (120) days notice. Such adjustment shall be cause for a
3 corresponding rate adjustment in accordance with Exhibit F.
4
5 SECTION 16. OTHER REQUIREMENTS.
6
7 A. Priivacy
8
9 Franchisee shall strictly observe and protect the rights of privacy of customers.
10 Information identifying individual customers or the composition or contents of a customer's
11 waste stream shall not be revealed to any Person, governmental unit, private agency, or company,
12 unless upon the authority of a court of law, by statute, or upon valid authorization of the
13 customer. This provision shall not be construed to preclude Franchisee from preparing,
14 participating in, or assisting in the preparation of waste characterization studies or waste stream
15 analyses which may be required by the IWMA, and/or County. In addition, Franchisee shall not
i6 market, sell, convey, or donate to any Person any list with the name or address of customers
17 except that Franchisee may provide such lists to authorized employees and authorized
1S representatives of the County as necessary to comply with this Agreement. The rights accorded
19 customers pursuant to this Section shall be in addition to any other privacy right accorded
24 customers pursuant to Federal or State Law.
z1
)22 B. Public Access to the Franchisee
23 �.7v
24 1 Office Hours. Franchisee's office .� f hours shall be, at a minimum, from 8:00 a.m.
,d
25 to 5:00 p.m. Monday through Friday. A representative of Franchisee shall be available
26 during office hours for communication with the public at Franchisee's principal office. In
27 the event that normal business cannot be conducted over the telephone, a representative
28 of Franchisee shall agree to meet with the public at a location agreeable to Franchisee and
29 the public. Normal office hours telephone numbers shall either be a local or toll free call.
30 Franchisee shall also maintain a local or toll free after-hours telephone number for use
31 during other than normal business hours. Franchisee shall have a representative or
32 answering device or system available at said after-hours telephone number during all
33 hours other than normal office hours.
34
25
Revision 04/01/98 1:50 PM
Attachment A
1 2) Service Complaints. All customer complaints shall be directed to Franchisee.
2 Franchisee agrees to use its best efforts to resolve all complaints received by mail, by
3 telephone, or in Person, by close of business of the second business (waste Collection)
4 day following the date on which such complaint is received. Service complaints may be
5 investigated by the Director or a designee. Franchisee shall maintain records listing the
6 date of customer complaints, the customer, describing the nature of the complaint or
7 request, and when and what action was taken by the Franchisee to resolve the complaint.
8 All such records shall be maintained and shall be available for inspection by County.
9
10 3) Government Liaison Person. The Franchisee shall designate a "government
11 liaison Person" who shall be responsible for working with the Department to resolve
12 customer complaints.
13
14 C. Resolution of Dis uted Customer Corn laints.
15
16 The Franchisee shall notify customers of this complaint arbitration procedure at the time
17 customers apply for or are provided service, and subsequently, annually. Procedures for
18 resolution of disputed claims shall be as follows:
19
20 1) A customer dissatisfied with Franchisee's decision regarding a complaint may
21 ask the County to review Jaint. To obtain this review, the customer may request
}22 County review withi thirty (3 days of receipt of Franchisee's response to the
23 Complaint, or within orty-five (45) days of submitting the complaint to the Franchisee, if
24 the Franchisee has fai to res to the complaint. The County may extend the time to
25 request its review for goo cause.
26
27 2) Before reviewing the complaint, the Director shall refer it to the Franchisee. if
28 the Franchisee fails to cure the complaint within ten (10) days, the Director shall review
29 the customer's complaint and determine if further action is warranted. The Director may
30 request written statements from the Franchisee and customer, and/or oral presentations.
31
32 3) The Director shall determine if the Customer's complaint is justified, and if so,
33 what remedy, if any, shall be imposed. The remedy under this Section shall be Iimited to
34 a rebate of customer charges related to the period of breach of any of the terms of this
35 Franchise Agreement or a penalty of up to one hundred dollars ($100.00) for any single
36 event in addition to any actual damages.
37
38 4) The Director may delegate these duties to a designee. The decision of the
39 Director or a designee shall be final on any matter under five thousand dollars
40 ($5,000.00). In the event of a decision on a matter awarding five thousand dollars
41 ($5,000.00) or more, Franchisee may seek review pursuant to Section 1 X above.
42
26
Revision 04JOI198 1:50 PM
Attachment A
1 D. D. Hazardous Materials and Waste Handline and Disposal
2
3 The Franchisee shall comply with the procedures detailed in Exhibit G of this Agreement.
4
5 SECTION 17. FORCE MAJEURE.
6
7 Franchisee shall not be in default under this Franchise Agreement in the event that the
8 services provided by the Franchisee are temporarily interrupted or discontinued for any of the
9 following reasons: riots, wars, sabotage, civil disturbances, insurrection, explosion, natural
to disasters such as floods, earthquakes, landslides, and fires, strikes, lockouts, and other labor
i t disturbances or other catastrophic events which are beyond the reasonable control of Franchisee.
12 Other catastrophic events do not include the financial inability of the Franchisee to perform or
13 failure of the Franchisee to obtain any necessary permits or licenses from other governmental
14 agencies or the right to use the facilities of any public utility where such failure is due solely to
15 the acts or omissions of the Franchisee.
16
17 SECTION 18. OTHFUZ PROVISIONS.
18
19 A. Inrlel2endent Contractor.
20
21 Franchisee is an independent contractor and not an officer, agent, servant, or employee of
)22 County. Franchisee is solely responsible for the acts and omissions of its officers, agents, and
23 employees, if any. Nothing in this Franchise Agreement shall be construed as creating a
24 partnership or joint venture between County and Franchisee. Neither Franchisee nor its officers,
25 agents, or employees shall obtain any rights to retirement or other benefits which accrue to
26 County employees.
27
28 B. Property Damage.
29
30 Any physical damage caused by the actions or non -actions of employees, officers, or
31 agents of the Franchisee to private or public property shall be promptly repaired or replaced by
32 the Franchisee.
33
34
35
36 C. Right of En .
37
38 Franchisee shall have the right, until receipt of written notice revoking permission to pass
39 is delivered to Franchisee, to enter or drive on any private street, court, place, easement, or other
40 private property for the purpose of providing temporary bin/rolloff services and the Collection,
41 transportation, recycling, composting, and disposal of Solid Waste and construction debris
42 pursuant to this Franchise Agreement.
27
Revision 04/01/99 1:50 PM
)Attachment A
1
2 D. Law to Govern.
3
4 The law of the State of California shall govern this Franchise Agreement.
5
6 Gratuities.
7
8 Franchisee shall not, nor shall it permit any officer, agent, or employee employed by it to,
9 request, solicit, demand, or accept, either directly or indirectly, any gratuity for services required
10 under this Franchise Agreement.
11
12 F. Compliance with Franchise A eement.
13
14 Franchisee shall comply with those provisions of the Riverside County Ordinances 657
15 and 745, or any successor ordinances, which are applicable, and with any and all amendments to
16 such applicable provisions during the Term of this Franchise Agreement.
17
18 G. Notices.
19
20 All notices required or permitted to be given under this franchise shall be in writing and
21 shall be personally delivered or sent by telecopier (fax), or United States certified mail, postage
P prepaid, return receipt requested, and addressed as follows:
23
24 To County; County of Riverside
25 Attn: Department of Environmental Health
26 4065 County Circle Drive
27 Riverside, CA 92503
28 Copy to: County Counsel
29
30 To Franchisee:
3l President
32
33
34
35
36
37 Copy to: N/A
38
39 or to such other address as either party may from time to time designate by notice to the other
40 given in accordance with this Section, Notice shall be deemed effective on the date personally
41 served or, if mailed, three (3) business days from the date such notice is deposited in the United
142 States mail, or if by fax, upon receipt of confirmation of delivery which confirmation may be
1 28
Revision 04/01/98 1;50 PM
M�F
I transmitted by fax. Attachment A
2
3 B. Exhibits Incorporated.
4
5 Exhibits A through I are attached to and incorporated in the Franchise Agreement by
6 reference.
7
8 1. )ndiscrimination.
9
10 In -performing the Collection services hereunder, Franchisee -shall not discriminate against
11 any Person on the ground of race, sex, age, creed, color, religion ormational origin.
12
13 J. Uws and Licenses.
14
15 Franchisee shall comply with all federal, State; and. County .Iaws, ordinances,.. rules, and
16 regulations applicable to the performance of the -service's -hereunder and .shall obtain: all licenses
17 and permits necessary to perform the services hereunder and, maintain the --same: in full force and
is effect.
19
20 1{. Waiver.
21
122 No waiver by either party of any one or more defaults or breaches by the other in the
23 performance of this Agreement shall operate or be construed as a waiver of any future defaults or
24 breaches, whether of a like or different character.
25
26 SECTION 19. SEVERABILITY.
27 A. The parties agree that the Waste Delivery..Agreement attached to this: franchise as
28 Exhibit I is a material part of the franchise agreement, -itself,, and is, not• severable from it.
29 Franchisee agrees not to challenge the validity :or enforceability. of the 'Waste .Delivery
30 Agreement or any term or provision found in such agreement. -.1f..for,any reason this Waste
31 Delivery Agreement is found to be void or unenforceable or.any:part:thereof by a court of law,
32 then, the Franchise agreement, itself, is deemed to be- terminated; thereupon and to be of no
33 further force or effect.
34 B. If atiy non -material provision of this Franchise Agreement shall for any reason be held
35 to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not
36 affect the validity and enforceability of any of the remaining provisions of this Franchise
37 Agreement,
38
39 SECTION 20. ENTIRE AGREEMENT; AMENDMENT.
40
29
Revision 04/21t98 10:29 AM
Attachment A
1 This Agreement, its accompanying Exhibits, and the separately executed Waste Delivery
2 Agreement constitute the entire Agreement between the parties concerning the subject matter
3 hereof and supersede any and all other communications, representations, proposals,
4 understandings or Agreements, either written or oral, between the parties hereto with respect to
5 such subject matter. This Agreement may not be modified or amended, in whole or in part,
6 except by writing signed by both parties hereto.
8 SECTION 21. CONSTRUCTION OF FRANCHISE.
9 The parties hereto have negotiated this franchise at arms length and with advice of their
to respective attorneys, and no provision contained herein shall be construed against County solely
11 because it prepared this agreement in its executed forms.
12 SECTION 22. RENEGOTIATION OF TERMS AS A RESUET OF
13 OWNERSHIP CHANGES
14
15 In the event of a significant change to the ownership of the franchisee that impacts the
16 activities in this contract, including, but not Iimited to acquisition of, acquisition by, merger with
17 or stock exchange with another company, all service levels and rates of this contract shall at the
18 discretion of the Board of Supervisors be made open to renegotiation of the existing franchise
19 and rate exhibits.
.o
21
22 [Remainder of page intentionally left blank, 'text continues on next page.]
23
30
Revision 04/01/98 1:50 PM
r.�
3
1
2 Franchise Area 1'
3 Amendment 2
4 Section 23
5 A new section 23 is hereby added to the Franchise Collection Agreement for Franchise Area 1
6 Section 23. Additional Franchise Term Guarantee for a portion of Franchise Area 1
7 In the event the County wishes to exercise non -renewal pursuant to Section 3.C. prior to three
8 ears from the date of a roval the area identified in this agreement as
9 Franchise a IC shall be deemed a separate and distinct Franchise Area subject to all
10 conditions of this agreement, excepting Section 3. GRANT AND TERM OF EXCLUSIVE
11 FRANCHISE, subsection C. which shall be replaced in it's entirety as follows:
12 This Agreement shall continue for a period of Ten (10) years from the date of approval of
13 this amendment. Three years after the Effective Date of this Agreement, and annually thereafter,
14 the Term of this Agreement shall be extended for an additional one year, unless no later than
15 thirty (30) days prior thereto either the County or the Franchisee gives written notice of non-
16 renewal to the other party. Only one notice of non -renewal shall be required hereunder. Notice
17 of non -renewal need not be based on cause. The above provisions in no way affect the County's
18 right to terminate this Agreement following thirty (30) days notice for nonperformance, as
19 provided in Sections 9 and 10 hereof.
1
Franchise Area 8 Exhibits -- Revision 5/15/2003 11:42 AM 31
-� AAttubWt AA
WITNESS the execution of this Agreement on th a an writt a
BY:
4
5
6 ATTEST: e
7
8 ,M1N 9 t9yd
9 Clerk of the Board GERAL.D A. MALONEV
CURK at me aoARa of sw
io APPROV AS TO FORM: _ _ ATTEST: Qkq'4' a1 Swty q+1�q
GERALD A. MAL
f
Itrounty Counsel
Waste Management of Inland Valley a
Franchisee: divi§io of aste Mana ement Collec
,tion &
It cling,
B i
ex r 1covic
Ti tie:
APPROVED AS TO FORM Counsel to Franchisee
By:
Title:
11 ACKNOWLEDGMENT
12
13 STATE OF CAL FORNIA)
14 COUNTY OF RIVERSIDE)
15
16
17 On Apr1I 6, In, before me, the understanding, A Notary Public in and for the State of
18 California, personally appeared J. Alex Braicovich , personally
19 known to me (or proved to me on the basis of satisfactory evidence) to be the Person(} whose
20 name((O is/are subscribed to the within instrument and acknowledged to me that Ijelshelthey
21 executed the same in his/her/their authorized capacity, and that by 1i /her/their signatures
22 on the instrument the PersonX,, or the entity upon beh4lf of which the Person(s) acted, executed
23 the instrument.
24 REKCCA k lCamrt+laton Pauc
25 Signature: gyp_
26 ie
1ilurr�lda
WCORM �" rXM
31
Revision 04/01/98 1:50 PM
/-k / G /9/9? /d ' 1,
Hat
N
IRS
Wm IV
USA WASTE
s
June 9, 1998
F.GF,N/F-
WWRA.,
WASTE MANAGEMENT
December 16, 2008
George Wentz
City Manager
City of Menifee
29683 New Hub Drive, Suite C
Menifee, CA 92586
RE: Green Waste Surcharge - Effective July 1, 2009
Dear George,
WASTE MANAGEMENT OF
THE INLAND EMPIRE
800 S Temescal Street
Corona, CA 92879
(951) 280-5400
(951) 817-2402 Fax
In July 2008, the Riverside County Board of Supervisors approved a $10.00 per ton
Alternative Daily Cover (ADC) green waste surcharge. The surcharge was approved in
order to partially offset the Riverside County Landfill System (including El Sobrante
Landfill) for the depletion of valuable air space (see attached Ordinance). The new fee
amount does not cover the entire cost of using green waste as ADC but it is sufficient
enough to help spur the development of true beneficial uses of green waste by
eliminating the "subsidized" disposal of this material.
The County of Riverside sets and establishes all rate structures for both private and
public landfill customers. This fee will be considered a pass through cost similar to your
traditional disposal expenses. This green waste surcharge is in addition to the
processing fees associated with the cleaning and grinding of the green waste materials
collected from your community.
The green waste surcharge that was approved earlier this year will be effective July 1,
2009. A letter dated April 23, 2008) was distributed to all City Managers to
communicate this new surcharge.
In an effort to incorporate the pass through fee into our annual rate adjustment process
we wanted to take this opportunity to ensure that you were aware of the upcoming
ADC Fee that will impact your 2009-2010 rate structure. .
Currently, Waste Management is exploring alternatives to using green waste as
Alternative Daily Cover (ADC). Our goal is to identify a process that will provide
recycling credit at a cost that is equal to, or lower than the rate that would be charged to
From everyday collection to environmental protection, Think Green® Think Waste Management.
process your community's green waste for use as ADC. We hope to be able to share
these potential new opportunities with you when we meet.
We look forward to working with you on this matter and will be contacting you in the
near future to establish a meeting date.
Sincerely,
ex Braicovich
Director of Government Affairs
Cc: Scott Jenkins, Waste Management
Attachment(s)
Sincerely,
Steve Glynn
Recycling Compliance Manager
�..
Riverside County
Waste ManagementDepartment
Hans If: Kernkcaup. Gh.•70.01 ri4anager-C'l�1eJ'Engirlcc,
April 23, 2008
TO: All City Managers
All Permitted Waste Haulers
FROM: Hans W. Kernkamp, General Manager -Chief Engineer
Riverside County Waste Management Department
RE: Annual Disposal Fee Recommendations
The County of Riverside Waste Management Department (Department) is responsible for
assuring that there is, and will be in the future, sufficient and accessible landfill space to properly
serve the population of the County in its disposal needs. To fulfill this mandate, the Department
has acquired various pieces of land, maintained and expanded County landfill sites, and
encouraged and developed recycling programs that minimize the dependence on landfill disposal
sites.
We have been fortunate that we have been able to operate in this manner and maintain a stable
disposal fee that has increased less than 10% since FY 96/97. A recent review of the increased
costs for operation, especially with regards to landfill safety programs, and the projections of
future expansion costs necessitate recommending to the Riverside County Board of Supervisors
(Board) a disposal fee increase by the Consumer Price Index (CPI) for FY 08/09.
In addition, subject to Board approval, the Department is recommending a $10 per ton surcharge
on greenwaste material that is used as Alternative Daily Cover (ADC) at the landfills. As you
may be aware, the landfill system has historically accepted this material at no cost due to the
demand from the recycling industry in the County to be an outlet for this waste stream. From
March 2006 to March 2007, the Riverside County waste system utilized over 253,000 tons of
greenwaste as ADC, which represents approximately 11.8% of the total refuse that the system
accepted during the same period and results in a loss of airspace capacity in the landfill system
that is not funded.
It is, therefore, appropriate and prudent fiscal planning to consider setting a rate for ADC to
partially offset the long-term expansion costs for the system. Considering that the current
blended rate for refuse is $26.77 per ton, a heavily discounted rate of $10.00 per ton for ADC
still represents a significant subsidy. The Waste Management Department is sensitive to the
issue raised by the Solid Waste Management Advisory Council regarding timely notification to
haulers and residents due to Proposition 218 requirements and, therefore, will recommend that
the implementation date of the proposed surcharge be delayed until July 2009.
14310 Frederick SYrec! • ;Woreno ballet, CA 92.5.53 • (951) 486-3200 • Fax (951) 486-3205 • Fa.v (951) 486- 3 230
u •i�x•. ri vcu tiru�. or �>
printed 017 1-CC-1 ( It'd paper
This increase, along with the proposed CPI increase allowed for in our Waste Delivery
Agreements, will help to ensure the long-term fiscal security of the landfill system. We
anticipate presenting our recommendations at a public hearing before the Riverside County
Board of Supervisors on May 20, 2008.
We thank you for your past support and cooperation and appreciate the careful consideration and
understanding that this proposed increase will engender. Should you have any questions, please
contact me at (951) 486-3232.
HWK:ft
cc: Robert Byrd, Auditor Controller
Gary Christmas/Alex Gann, Executive Office
Joe Rank/Katherine Lind, County Counsel
John Watkins, Department of Environmental Health
PD# 65511
2
SUBMITTAL TO THE BOARD OF SUPERVISORS +
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
FROM: Waste Management Department SUBMITTAL DATE:
July 24. 2000
SUBJECT: Continuance of County Ordinance 779.9, as it Relates to the Alternative Daily Cover
(ADC) Surcharge
RECOMMENDED MOTION: That the Board of Supervisors, at the dose of public hearing on J�y 29,
the 2000. adapt $10 per ton surcharge on green waste utilized as Alternative Daily Cover (AD ) per
Dra. 779.10 elfin,.;he surcharge to be effective July 1, 2009.
BACKGROUND: At the May 20, 2008 public hearing. Ordinance 779.9 was approved, witl the
exoeption of the $10 Alternative Daily Cover (ADC) Surcharge. The ADC surcharge was contin L edl to
July 29, 2008, in order to allow the Waste Haulers time to discuss with thew contract cities. Sin the
'.'?I0's, Riverside County has been accepting ADC at no cost due to the demand from the green v4sle
recycling industry in the County to find an alternative outlet for the processed material. Jurisdictkinsin
u Riverside County have benefitted from this outlet as State regulations do not count this tonna a as
landfilled tonnage but as diverted material, thereby aiding a Jurisdiction's efforts to meet the 50%
diversion mandated under AS 939. From March 2006 to March 2007, the Riverside County ate
system utilized over 253,000 tons of greentue aste as ADC, which represents approximately 11. 9� of
the total deposited refuse during the same period, and results In a loss of airspace capacity khe
landfill system that is not funded. (Continued)
nIE f`OSWiC&sin IS A FULL, TRUE AND
CORRECT COPY OF A MINUTE ORDER OF
THE BOARD F RVISORS ENTERED
ON /Y
ZQ
DOW Hans W. Kemkamp, General Manager -Chief E ineer
NANCY RoMeF�cu& hrghn amm.A-
F. T 1 Cast: $ N/A In Currant Y►or Budget. NO
ri DATA r m t F.�c�vnty cost: $ NIA ButlDd AdJustment: f NO
I Net County Cost: $ N/A For Fiscal Year. 2010
SOIJRCE OF FUNDS: PO$Wonq; To BP
heistedParA
Requires 415 Ya
C.E.O. RECOMMENDATION: -� APPROVE
1
gY r
C:ounty Exaeuttve Office SI tura MR. S
MINUTES OF THE BOARD OF SUPERVISORS
On mAon of Supervisor Tavagibna, seconded by Supervisor Buster and duty a Tied,
IT WAS ORDERED that the above matter is approved as recommended.
Ayes: Buster. Tavaglione and Wilson
Nays: None Nancy Romero
Absent: Ashley
Date: July 29, 2008
xC: Waste Mpmt. , co.co., LNC, CoB Deputy
Supervisor Stone declared a potential Conflict of Interest and left the room, i
Prv. Agn. Ref.: 12.3 of 05/M/C8 I DistrlcL• � Agenda Number:
-w ♦• M— wernw+.
12'. 1
F11 — Continuance of County Ordinance 779.10 as it Relates to the Alternative Daily Cover (ADC)
Surcharge
July 24, 2008
Page 2
BACKGROUND (Continued):
It is, therefore, appropriate and prudent fiscal planning to consider setting a rate for this mat rt01 to
partially offset the long-term expansion costs for the system. Considering that the current b
rate for refuse deposited in the County system is $27.52 per ton for disposal, a heavily discau j rate
of $10.00 per ton for ADC is reasonable and appropriate, and still represents a significant s b' Idy,
Staff is sensitive to the issue raised by the Solid Waste Management Advisory Council r to
tiriiely n1V4-.'c?hon to haulers and residents due to Proposition 218 requirements and, th fore,
recommends that the implementation date of the proposed surcharge be delayed until July 1, 2
State of California
CIWMB 184 (Rev. 07/08)
California Integrated Waste
Management Board
PROOF OF DESIGNATION
This form may be used as a Proof of Designation by a Designated Approved Collector, pursuant to 14 CCR
18660.5(a)(34), when secured from a California local government and duly executed by an officer authorized
to take action on behalf of that local government, such as, but not limited to, a City Manager, County
Administrator or Executive, or a District Manager or Director. If a Designated Approved Collector chooses to
use this form as a Proof of Designation, this form must accompany the covered electronic waste (CEW)
collection logs associated with CEWs transferred from a designated approved collector to an approved
recycler. A copy of this Proof of Designation and associated collection logs must also accompany any
recycling payment claim that includes CEWs received from a designated approved collector.
Designating Local Government: 1
City of Menifee _
Designated Approved Collector Name: CEWID #:
Waste Management Collection and Recycling, Inc (Moreno Valley) 1 101628
Designation Start Date: Designation End Date: Please be aware that a Collector must maintain
October 15, 2008 J October 14, 2010 their approved status for a Designation to be valid.
Geographic Area of Service:
City limits of Menifee
I Location(s) and Description(s) of Collection Activities (attach additional sheets as necessary):
17700 Indian Street, Moreno Valley, CA 92551
Type of Collection Activities to be Provided (check all that apply):
®Drop-off ®Curbside ®Special Events ®Illegal Disposal Clean-up
®Other (specify): City clean ups
CEW Sources Served (check all that apply):
®Residents ®Businesses ®Government ®Educational / Non -Profit Institutions
®Other (specify): City clean ups
Name of Designating Authority (printed): Title:.
G enpakgcJ F-14T-? _
Signature: Date Signed:
Phone: I l l I E-Mail:
Address:
DIRECTIONS FOR COMPLETING THE PROOF OF DESIGNATION FORM
This form may be completed by a local government to demonstrate that it has designated the identified Approved
Collector in the Covered Electronic Waste (CEW) Recovery and Recycling Payment System to act as a Designated
Approved Collector for the local government when handling CEWs generated from California sources within the
jurisdictional responsibility of the designating local government.
The proof of designation must be duly executed by an officer of the designating California local government with the
authority to take official action on behalf of the local government such as, but not limited to, a City Manager, County
Administrator or Executive, or a District Manager or Director.
Only CEW recovery activities that fall within the scope of the designation may be handled by the identified Approved
Collector while acting as a Designated Approved Collector for the local government. CEW recovery activities conducted
by the Approved Collector that fall outside the scope of designation must be logged and recorded according to applicable
regulatory requirements.
In general, CEW recovery activities conducted by a Designated Approved Collector will involve CEWs transferred directly
to the Designated Approved Collector by California sources. Such activities must be recorded through collection logs as
required by regulation. See regulatory citation on the next page for further details.
Page 1 of 2
Designated Approved Collector California Integrated Waste
Proof of Designation (revised 06/08) Management Board
PARTIAL SUMMARY OF APPLICABLE LAWS AND REGULATIONS
Title 14 CCR
18660.5(a)(19) "Designated Approved Collector" means an approved collector, as defined in subsection (a)(2) of this section, that has
been designated by a California local government to provide CEW collection services for or on behalf of the local government and who,
in the course of providing the services for the local government, would not be subject to the source documentation requirements
pursuant to Section 18660.200)(1)(B) of this Chapter.
18660.5(a)(34) "Proof of designation" means a letter or other document that must be secured by a designated approved collector from
a California local government that, at a minimum, specifies the following information:
(A) The beginning and end dates of the designation.
(B) The geographic area within which the designated approved collector is providing CEW collection services for the local government
and the locations(s) at which the collection service is provided.
(C) The customer type to be served by the designated approved collector (i.e. residential, commercial, etc).
(D) The nature of collections activities to be provided by the designated approved collector (i.e. drop-off receipt, curbside service, illegal
disposal clean-up, etc).
(E) Contact information for the designating authority.
(F) If the proof of designation secured by the designated approved collector is a document other than a letter from the local
government, the proof must also include the designated approved collector's written notification to the local government that such other
document has been used. The written notification provided to the local government must be accompanied by a copy of the document
being used to demonstrate designation.
(G) If, after January 1, 2005, and before the effective date of this regulation, a designated approved collector has secured a document
from a local government that does not meet the definition of proof of designation as specified in this Section, such document may be
used by a designated approved collector to comply with applicable requirements of this Chapter through March 31, 2006.
18660.20(h) An approved collector shall provide to any approved collector or approved recycler to whom it transfers CEWs information
on the origin (California or non -California) and cancellation status of CEWs transferred, including but not limited to the following:
(1) Signed statement listing the sources(s) of the transferred CEWs as recorded pursuant to subsection 0) of this section.
(2) A copy(ies) of the applicable portions of the collection log specified in subsection 0) of this section that describe the collection
activities that resulted in the transferred CEWs.
(3) Written description of any activity, such as storage, repair, refurbishment, resale, reuse, transfer, packaging and/or
consolidation, that explains any discrepancy between the CEWs transferred and the CEWs collected as recorded in the log
specified in subsection 0) of this section.
(4) A copy of any applicable proof of designation specified in subsection (k) of this section associated with CEWs collected while
acting as a designated approved collector for a local government.
18660.200) In addition to the general record keeping requirements in Section 18660.8 of this Chapter, an approved collector shall
maintain the following records:
(1) A collection log containing:
(A) For each collection activity or event that results in CEWs transferred to the approved collector, a brief written description
of the collection activity or event, including the type of consumers targeted for collection, the date and location the activity or
event occurred, the number of CEWs collected, and an estimate of the weight of CEWs collected.
(B) Approved collectors that are not California local governments, nor entities acting as the designated approved collector for
a California local government, shall maintain a list of all consumers who discarded the CEWs transferred to the approved
collector, including the name and address of the consumer and the number of CEWs discarded by the consumer.
(C) When receiving five (5) or more CEWs units discarded from a non-residential consumer, an approved collector shall
record the name of the non-residential organization, an address, a contact person and a telephone number.
(D) A list of other handlers and approved collectors who transferred CEWs to the approved collector in any month, including
the name and address of the other handler and approved collector and the number of CEWs transferred and the sources of
those CEWs as recorded pursuant to parts (A) and (B) of this Section.
(E) When collecting source -anonymous CEWs, all approved collectors shall:
1. Log the source -anonymous CEW collection activity separately.
2. Provide a brief written description of the activity or incident that resulted in the source -anonymous CEWs.
3. Record the date and location of the activity or incident, the number and an estimate of the weight of source -
anonymous CEWs collected from the location of the activity or incident.
4. Record the name, organizational affiliation, address and phone number of a person responsible for the site of the
activity or incident.
18660.20(k) An approved collector that is acting as a designated approved collector for a local government shall do the following:
(1) Secure proof of designation as defined in Section 18660.5(a)(29) of this of this Chapter.
(2) Provide a copy of the applicable proof of designation to another approved collector or approved recycler at the time CEWs are
transferred from the designated approved collector to another approved collector or approved recycler.
(3) A designated approved collector shall be relieved only of the source documentation requirement specified by Section
18660.200)(1)(B) of this Chapter only for those collection activities that occur within the designation as specified in subsection
k(1) of this section.
Page 2 of 2
*** TRANSMISSION REPORT ***
OCT 29,2008 15:06 Model # Lexmark X6100 Series 9516793843
START TIME SENT TO PAGES RESULT
15:04 8172402 3 OK