HomeMy WebLinkAboutAGENDA REPORT 2002 0904 CC REG ITEM 10EITEM 1O. E.
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Moorpark City Council-
AGENDA REPORT
TO: The Honorable City Council
FROM: John Brand, Senior Management Analyst 16k
DATE: August 29, 2002 (CC meeting of September 4, 2002)
SUBJECT: Consider Solid Waste Franchise Agreements, and Resolution
No. 2002- , Rescinding Resolution No. 2001 -1924,
Updating Solid Waste Collection Fees for 2003.
SUMMARY
At the December 6, 2000, meeting, the City Council appointed an Ad
Hoc Committee consisting of Mayor Pro Tem Mikos and Councilmember
Harper to explore issues surrounding the City's solid waste
franchises. At this and other meetings, the Council expressed
interest in establishing an automated collection system for solid
waste, recyclables, and yard trimmings. The Ad Hoc Committee,
staff, and the City's two franchise haulers met several times since
then to secure a new Agreement based on the direction from Council.
The result is a proposed Franchise Agreement with an eight -year
term and a possible two -year extension. Key features of the
proposed Agreement include the introduction of fully automated
solid waste collection service in 2002 -2003, more bulky item pick-
ups for residents, greater environmental liability protection for
the City, and a new landfill fee adjustment methodology that
reduces the impact of landfill tipping fee increases on Moorpark
residents. The current Franchise Agreement expires September 30,
2002.
DISCUSSION
The Ad Hoc Committee set several objectives for a new solid waste
franchise, including:
• Responsive Customer service and problem resolution
• Automated collection service at an economical cost
• Litter reduction from collection activities (spills
from cans and trucks)
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Honorable City Council
Regular Meeting of September 4, 2002
Page 2
• More bulky item pick -ups
• Increase Franchise Transfer Fees
The hauler negotiations produced an Agreement that meets these
objectives.
Automated Collection
If approved, automated collection would be implemented at the
additional cost of $1.99 per residence, the lowest implementation
cost in the region for this service. The implementation plan is to
convert the City to automated collection in phases. The entire City
would be converted to automated collection by the end of June 2003.
There would be no cost increase associated with automation until
the month after the new service begins. In other words, there
would be no pro rating of the increase for residents that are
converted to automated service and the haulers have agreed not to
charge an increase until January 2003 for all residents that are
converted during 2002.
Automated collection is a technologically advanced system that
employs a specially fitted refuse truck. Automated refuse
collection trucks are equipped with specially designed hydraulic
arms that grasp, lift, and empty the special containers issued to
residents. After dumping the material into the truck, the robotic
arm returns the container to the curb. As proposed, residents will
receive a 64- gallon discards cart, a 64- gallon commingled recycling
cart, and a 96- gallon Yard Trimmings cart from their hauler. The
64- gallon carts hold the same volume of material as two
conventional 32- gallon trash cans that most residents typically now
use. The total capacity of the new automated carts is 224 gallons.
Currently residents are allowed 180 gallons of solid waste and yard
trimmings plus a 32- gallon recycling container for a total of 212
gallons. Residents may put out unlimited additional recycling
containers at no cost. Very few customers currently take advantage
of this. Other cities have found that providing a single, larger -
sized cart increases the volume of residential recycling.
The proposed carts are specially designed for automated collection.
Automated trash collection is cleaner, safer, and more efficient
than traditional manual collection. It is cleaner because the carts
have attached lids and reduce litter and spilled material. It is
safer for the driver because the lifting arm prevents injury, and
the stability of the carts makes them less prone to topple and
create a hazard to the public. On average, the dwell time at each
stop is reduced 25 %, producing greater efficiency that leads to a
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Honorable City Council
Regular Meeting of September 4, 2002
Page 3
shorter duration of time that the trucks and their attendant noise
and emissions are present on City streets. The new automated
containers are equipped with wheels and are easy to maneuver. The
benefits of automated solid waste collection include:
• Improved neighborhood appearance on collection day
• Faster and more efficient service
• Wheels on the carts allows easy maneuverability
• Attached lid protects against flies, rodents, and other
vectors
• More volume per container, fewer containers to pick up,
less storage floor space needed during the week
• Litter, spills, and wind -blown trash less likely due to
greater stability in wind and attached lid
• Increase in worker safety since containers are mechanically
emptied
• Carts provide space for disseminating information on proper
disposal
• Carts have a long -life expectancy
• Residents never have to buy trash cans
The disadvantages of the proposed automated collection system are:
• Discard volume is specifically defined by the cart size.
Currently the haulers have accommodated occasional excess
loads. Residents may have to hold some items over to the
next week if they have a spike volume of material.
• Oversize items will have to be cut down to fit in cart, or
removed using a Bulky Item pick up. An odd -sized item like
an ironing board cannot simply be placed next to the cart;
it has to be inside the cart.
• If household discard volume increases, a larger cart will
have to be ordered at an additional cost. Trash cart
exchange from 64- gallon to 96- gallon costs $3.00 more per
month, a second 64- gallon trash cart costs $5.00 per month,
a second 96- gallon trash cart costs $8.00 more per month.
A second 96- gallon yard trimmings cart costs $3.00 per
month. Recycling cart exchange from 64- gallon to 96- gallon
costs $1.00 more per month, a second 64- gallon recycling
cart costs $2.50 per month, a second 96- gallon recycling
cart costs $3.00 more per month. Currently there has been
lax enforcement of volume limits. Extra charges are rarely
applied.
• The larger carts may take up more storage space.
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Honorable City Council
Regular Meeting of September 4, 2002
Page 4
• More collection day parking enforcement may necessary if
parked vehicles interfere with automated collection.
• Residents may try to avoid changing cart sizes by
improperly placing discards in the yard trimmings or
recycling carts.
Residents may request additional carts and carts of different
sizes. The service cost is adjusted up or down when the cart size
is changed. The haulers have agreed to allow residents to make as
many cart size changes as the need for the for the first six months
of service, plus one additional cart exchange during the remainder
of 2003. The $5.00 cart exchange charge would not be implemented
until 2004.
After January 1, 2004, the $5.00 cart trade -in charge would apply.
Residents can request a different level of service depending on
need. For example, upgrading from a 64- gallon to a 96- gallon
refuse cart would cost $3.00 additional each month. The cost of a
96- gallon recycling cart would be $1.00 more per month. Downsizing
to the Super Recycler Rate would reduce the monthly cost $5.29 per
month (plus the 2003 annual adjustment). The complete residential
automated collection service rates are shown on "Exhibit A."
Educational material based on successful automated program
conversions across the nation will be distributed to all residents.
It will include instructions explaining how to use the new carts.
It will also explain that the haulers will pick up a resident's old
containers free, and it will also include innovative alternative
uses for the old containers. The old containers can be converted
for many uses around the house, including: turning them into
compost bins; earthquake /emergency supply storage; and even a back
yard cistern to collect rainwater for irrigating your garden. The
haulers will collect unwanted old containers at no cost during the
first month of service.
The City's haulers are experienced at automated collection
conversions. They are committed to quickly resolving the concerns
of residents. If approved, the proposed conversion to automated
collection service would take place in ten phases, one phase for
each service day(Monday - Friday) that each of the City's two
haulers provide residential service. By implementing automated
service in these ten phases over six months, the haulers will be
able to focus their resources and respond rapidly to the problems
as they may arise. The most common problems are allowing enough
space between the carts when placing the carts out at the top of
the curb, and parked cars blocking the carts. Typically, neighbors
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Honorable City Council
Regular Meeting of September 4, 2002
Page 5
adapt on the weekly collection days. The City of Thousand Oaks
reports that education and public information were key aspects for
successful implementation and that there was little or no need for
extra code enforcement or parking citations to mitigate problems
with automated collection.
A professional journal on managing Municipal Solid Waste, MSW
Management, recently published a study on the public reaction to
automated solid waste collection. A summary of some of the key
residents' responses are shown in Exhibit "B."
The alternative to the proposed automation collection would be to
retain the existing, manual collection system. The other major
changes to the proposed Franchise Agreements are discussed in the
next section.
Aqreement Provisions
The proposed new Agreement doubles the number of bulky item pick-
ups from two items once a year, to four items up to twice a year.
The Agreement raises the franchise transfer fee to a minimum of
$50,000 with annual adjustments at the same percentage rate as the
collection fees that are adjusted each year. The transfer fee is
paid to the City if either franchise hauler is sold or otherwise
acquired by new ownership.
The new Agreement also has a number of technical updates. Most
noticeable is the fact that each hauler now has two Agreements: one
for residential service and a second for non - residential service.
The reason for this and many of the other technical changes is to
reduce the City's potential for exposure to Superfund liability. If
the federal EPA (Environmental Protection Agency) declares that a
disposal site is a Superfund site for environmental cleanup, all
past users of the site face enormous clean up costs on a "joint and
several" basis. This means that the cleanup costs may be imposed
based on an entity's ability to pay, not based on the volume or
toxicity of the materials disposed of in the landfill. Municipal
governments have been severely impacted by Superfund liability. The
City Attorney has carefully reworked a number of passages to reduce
the City's potential exposure to liability for Superfund clean up
of a facility where solid waste from the City has been disposed.
Additional technical changes are made to the Agreement to reflect
changes in solid waste law and current court decisions.
A technical change was established in January 2002 at the time of
the last annual rate adjustment. It is the way that the landfill
Honorable City Council
Regular Meeting of September 4, 2002
Page 6
tipping rates are calculated. The old rate adjustment formula was
not based on tonnage, and it imposed disproportionately higher cost
increases on residential customers and smaller commercial
customers. The new landfill adjustment methodology uses real
tonnage to allocate the landfill cost increase in proportion to
disposal. The most notable change is in the residential landfill
rate. The January 2002 increase in the landfill- tipping fee of 92�
per ton would equate to a 33G per month increase for each
residential account under the old formula. Using the new formula,
the rate increase is only 10G a month, a savings of 23G per
household per month for Moorpark residents. The new landfill
formula will continue to work for Moorpark residents because the
Simi Valley Landfill already has $3.00 in tipping fee increases
pending approval with the County of Ventura. It is anticipated that
these increases will be implemented in the next few years. As
Moorpark residents expand their source reduction and recycling,
disposal tonnages are lowered and the amount of a landfill disposal
increases allowed also goes down in the new formula. The new rate
adjustment formula is included in the proposed Agreement.
If approved, the residential rate adjustment for automated
collection would occur only after January 1, 2003 even for those
areas where automated collection is implemented before the end of
the current year. For the other areas, the automated collection
rates will not be charged until automated collection is implemented
in that particular area. When automated collection is implemented,
the residential automated rate will be $21.41 which includes the
2003 annual adjustment, and the senior citizen and super recycle
rate would be $16.07 per month including the annual adjustment. A
summary comparison of the current and proposed residential
collection rates is shown on Exhibit "A." The annual rate
adjustment is discussed later in this report, and the full new rate
structure is shown in Exhibit "G" of the Franchise Agreements
distributed to Council separately.
Among other changes in the new Agreement, the haulers agreed to
maintain a billing system that allows for notices and message
inserts. The haulers requested a minimum term of eight years,
citing that it is necessary so that they can recover the capital
outlay and justify the expense of new trucks and containers.
The Agreement obligates the haulers to implement new programs that
the City may adopt in the future. Specifically, the haulers agreed
to re- configuring the commercial rates to create greater incentives
to recycle at businesses and multi - family residential complexes, if
the City Council adopts such a program.
Honorable City Council
Regular Meeting of September 4, 2002
Page 7
In conclusion, staff feels that the new Solid Waste Franchise
Agreements are beneficial to the community and represent the
successful accomplishment of the goals and objectives that the City
Council set for the City's solid waste franchises. However, as
stated previously, the City Council can elect to retain the
existing manual collection system in place of the proposed
automated system. The other provisions discussed in the Agenda
report can go forward. A complete copy of the Residential Agreement
in legislative format and a clean copy of the Commercial Agreement
were provided to the Council separately for review.
Annual Rate Adjustment
Also submitted for consideration is the annual adjustment to solid
waste collection fees as specified in the Franchise Agreements
between the City and the haulers. Rate adjustments are proposed
for both manual and automated residential collection. This year
the increase in the July -July Consumer Price Index (CPI) Less
Housing was 0.75 %. The landfill rate for franchise haulers also
increased $1.04 per ton to $39.27 per ton. The rate formula
factors the increases into the rate structure in accordance with
the Agreements. As proposed, the manual residential solid waste
rate would increase 18G per month, to $19.24. The senior citizen
and super recycler rate would increase 15(� per month to $15.52. If
approved, the residential rate for automated service would be an
additional $2.17 for a total of $21.41, and the senior citizen rate
would increase 55G for a total of $16.07 per month. Commercial
rates would increase proportionately but only for the annual
adjustment. The new rates would become effective January 1, 2003.
STAFF RECOMMENDATION (Roll Call Vote)
1. Approve the City's Franchise Agreements with Moorpark Rubbish
Disposal and GI Industries, subject to final language approval by
the City Manager and City Attorney. 2. Adopt attached Resolution
No. 2002- , updating the Solid Waste Collection Fees effective
January 1, 2003.
2002
Manual
2003
Manual
2003
Automation
Regular Residential
19.06
19.24
21.41
Senior /Super Recycler
15.37
15.52
16.07
STAFF RECOMMENDATION (Roll Call Vote)
1. Approve the City's Franchise Agreements with Moorpark Rubbish
Disposal and GI Industries, subject to final language approval by
the City Manager and City Attorney. 2. Adopt attached Resolution
No. 2002- , updating the Solid Waste Collection Fees effective
January 1, 2003.
Honorable City Council
Regular Meeting of September 4, 2002
Page 8
A. Regular Monthly Rate:
Trash - 64- gallon cart
Recyclables - 64- gallon cart
Yard Trimmings - 96- gallon cart
B. Senior Monthly Rate:
Trash - 32- gallon cart
Recyclables - 64- gallon cart
Yard Trimmings — 64- gallon cart
C. Super Recycler Rate
Trash - 32- gallon cart
Recyclables - 64- gallon cart
Yard Trimmings — 64- gallon cart
EXHIBIT A
Automated Collection Service
Automated 2003 Manual 2002 Manual
$21.41 $19.24 $19.06
D. Service options
Trash cart exchange from 64 to 96
Additional 64 gallon trash cart
Additional 96 gallon trash cart
Additional 96 gallon yard trimmings cart
Recycle cart exchange from 64 to 96
Additional 64 gallon recycle cart
Additional 96 gallon recycle cart
E. Limited Service w/o Yard Trimmings
Trash - 32- gallon cart
Recyclables - 64- gallon cart
No Yard Trimmings service
$16.07 $15.52 $15.37
$16.07 $15.52 $15.37
3.00 /mo
5.00 /mo
8.00 /mo
3.00 /mo
1.00 /mo
2.50 /mo
3.00 /mo
15.40/mo
F. Service Changes
Customer may change service levels as needed during the first six months and one additional
time during the first year of new service at no charge. Subsequent service changes 5.00 per request.
Honorable City Council
Regular Meeting of September 4, 2002
Page 9
EXHIBIT B
Residents' Responses to the SWANCC Pilot Program
(Steven Schilling, P.E., MSW Management, July /August 2002 p.54 -57)
In general, the residents' reactions to the program were
overwhelmingly positive. When asked how convenient the recycling
cart was to use, 91.4% of the respondents said it was very
convenient. The study area was a section of suburban Cook County
Illinois served by the Solid Waste Agency of Northern Cook County
(SWANCC). This area has some demographic similarities to Moorpark
and Ventura County. The study area implemented automated
collection of recyclables using the same size carts proposed for
Moorpark. Here is the survey:
If your recycling bins were full before collection day, what did
you do with your extra recyclables?
Throw in garbage 28.3%
Place next to bin 12.1%
Drop off 1.9%
Save for next week 57.7%
What is your opinion
recycling cart?
Too Large
Too small
Convenient size
No opinion
on the size and dimensions of the new
Describe the frequency of
new recycling cart.
None
Periodic
Twice a month
Weekly
7.2%
4.0%
87.8%
1.0%
your household's participation with the
2.7%
1.8%
12.8%
82.7%
Overall, how convenient is the new cart to use?
Not convenient 2.5%
Moderately 6.1%
Very 91.4%
How would you rate the program using the new carts?
Failure 0.4%
Program needs help 1.1%
Moderate success 13.4%
Huge Success 85.1%
Exhibit "C"
RESOLUTION NO. 2002-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, UPDATING SOLID WASTE
COLLECTION FEES AND RESCINDING RESOLUTION
2001 -1924.
WHEREAS, it is appropriate for the City to establish fees
relative to collection and management of solid waste collection;
and
WHEREAS, the City provides residential and commercial solid
waste and recycling collection services; and
WHEREAS, on December 20, 1995, the City Council granted
exclusive franchise agreements with G.I. Industries and Moorpark
Rubbish Disposal for the collection, transportation, recycling, and
disposal of solid waste in residential, commercial, and industrial
areas within City limits; and
WHEREAS, the Franchise Agreements provide for adjustments to
the service fee schedule pursuant to a specified formula; and
WHEREAS, the City Council declares its intention of
maintaining reasonable rates for collection, management, and
disposal of solid waste and recyclables within the City limits; and
WHEREAS, on December 19, 2001 the City Council adopted
Resolution 2001 -1924 establishing solid waste collection fees
effective January 1, 2002.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Effective January 1, 2003, the monthly
residential
shall be as
solid waste, recycling, and green waste collection rate
shown in Exhibit "G" of the City Franchise Agreement.
SECTION 2. Effective January 1, 2003, the commercial,
industrial, and multi - family solid waste, recycling, and composting
bin collection rates shall be as shown in Exhibit "G" of the City
Franchise Agreement.
SECTION 3. Effective, January 1, 2003, the temporary bins
and roll- off /drop box rates for solid waste, recycling, and
composting bin services shall be as shown in the Exhibit "G" of the
City Franchise Agreement.
Resolution No. 2002 -0000 Exhibit "C"
SECTION 4. Effective January 1, 2003, the annual Solid
Waste Management Fee for exemption to the required solid waste
collection service mandate shall be $24.40.
2003.
SECTION 5. This resolution shall be effective January 1,
SECTION 6. This Resolution hereby rescinds Resolution
2001 -1924
resolution.
in its entirety upon the effective date of this
SECTION 7. The City Clerk shall certify to the adoption of
the resolution and shall cause a certified resolution to be filed
in the book of original Resolutions.
PASSED AND ADOPTED this 4th day of September 2002.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
Message
Debbie Traffenstedt
To: CITY COUNCIL
Cc: Steve Kueny; Mary Lindley; John Brand
Subject: Request Continuance of Item 10.E. on 9 -4 -02 Agenda
Page 1 of 1
I'TITEM
For your information, at tomorrow night's City Council meeting, staff will be requesting that Item 10.E. (Solid
Waste Franchise Agreements) be continued to the September 18 regular meeting. The reason is that Franchise
Agreements were not able to be completed in time to be delivered with the packet on Friday, August 30.
Debbie Traffenstedt
ATCM /City Clerk
9/3/2002
City of Moorpark
Community Services Department
MEMORANDUM
TO: The Honorable City Council
Steven Kueny, City Manager
FROM: John Brand, Senior Management Analyst
U�
1
DATE: September 4, 2002
SUBJECT: Proposed Solid Waste Franchise Agreements text
The enclosed documents pertain to City Council Agenda item 10.E.,
Consider Solid Waste Franchise Agreements, and Resolution No. 2002-
, Rescinding Resolution No. 2001 -1924, Updating Solid Waste
Collection Fees for 2003.
As indicated in the staff report, the enclosed documents include a
comparison of the 1995 Solid Waste Franchise Agreement with the
Proposed Residential Solid Waste Franchise Agreement in a
legislative format. New 2002 language is underlined in the body of
the text, and deleted 1995 language is shown in text boxes on the
right margin of the page. This may allow the Council to note the
technical changes as well as the substantive differences between
the two documents. The highlights of the Proposed Agreement are
discussed in the staff report.
The second document is a "clean" copy of the proposed Commercial
Solid Waste Franchise Agreement. The City Attorney recommends
separating the Residential Service Franchise from the Commercial
Service Franchise. The primary reason for this is to shield the
City from Superfund clean -up liability in the unlikely event that
there is a Superfund issue at a landfill containing solid waste
from Moorpark. Consequently, it is proposed that Council consider
awarding two Franchise Agreements to each hauler, G.I. Industries
and Moorpark Rubbish Disposal, one for Residential Service and one
for Commercial Service.
At the City Council meeting, staff will request that Item 10.E.
(Solid Waste Franchise Agreements) be continued to the September
18 regular meeting. The reason is that Franchise Agreements were
not able to be completed in time to be delivered with the packet
on Friday, August 30. The continuance may allow Council more
time to review the documents.
C: Mary Lindley, Director of Community Services
Deborah S. Traffenstedt, City Clerk /Asst. to the City Manager
SW Fran Agrtext cvr mcmo
Comparison of 1995 Agreement and Proposed 2002
Residential Agreement
FRANCHISE AGREEMENT BETWEEN THE CITY OF MOORPARK AND
,G_I.INDUSTRIES, A UTAH CORPORATION, AND USA WASTE OF
CALIFORNIA, INC., A DELAWARE CORPORATION, A WASTE
MANAGEMENT COMPANY,
FOR SID N
�tE E TIAIi SOLID WASTE SERVICES
,DATED AS OF October 1. 2002
September 3, 2002
- !_Style Definition_ Normal — -
Formatted: Font: Bold
'! Deleted: I i ^ - - - -�
Deleted: RUBBISH -- - -� —�
Formatted: Font: Bold
Deleted: PROVIDING
Deleted:. MULTI- FAMILY, AND
COMMERCIAL
Formatted: Font: Bold
Formatted: Font: Bold
Deleted:
Deleted: DECEMBER 23, 1995
FI-AN(-'FISF-. AGREEMENT B;-'.TWEEN '."HE OF AND G. 1.
A UTAH CORPORATION, AND USA WASTE OF CALIFORNIA,
I-N''., A DELAWAR-- CORI-ORAT ION, A WAS"YE MANAGEMENT COMPANY, FOR
RESIDENTIAL SOLID WASTE SERVICES
Ilonnatt*d: Font: Courier New
",able of Conteni-s
Formatted: Font: Courier New
Deleted: ._...------ •--- - -- -..
September 3, 2001 2
I'h s "FF.ANC'H:_S F A(;< <FE:I,IF1. T Y. 'I'1;EEN _'HE CIT)1 OF MOORPARK
AND G. I. IIID'JSTF.C=,S, A IJ'TAh. CC °.PO?h'l'.iON, AND USA WASTE OF
CA- 17 C'ORN1A, INC,, A DEL,Ak;AR e, ' :'O P. A'.P I C,N, A WASTE MANAGEMENT '
::OMPTN':',- FOR RF_SCUFIdTTAL_SCCa71) W_ SII, SI `�IC_ES_ -(the "rA_reernent ")
'r
is made and entered into in the l_Ijj�L of h`oorpark on this first
1aV GL October,_'; 02, by. and bet'.-;een the CITY OF MOORPARK, a
ml:n_ic_ipa1-c21P hereinafter_ referred to as CITY, and G. I.
INDUSTRIES, a Utah corporation, and USA waste of California, �
Inc., a Delaware corporation, a W&ste `7anagernent Company,
hereinafter referred to collectively as GRANTEE for the
col iect4On, trar.sportat r-,n, recycl_r1q, and disposa'_ of Sr'lid
Waste from Residents ` Premises in ta., CITY.;
•-- ----------------- - - - -.. --------------------------
,P_ I -I -P, 1 -------------------------
HEREaS, the California In1P rate; W ste Manacfe.ment Acre
of 1989 ("Act"), requires jllr1S!11Ct_O[1S _o reduce Qh2 aIrlouIlt of
waste disposed at landfills by fifty (:5V,) percent for the year
2000 and for each ••;ear thereaft`r; and
t_ho City "ol,Wil dcclarc t*t.s irttc:atir)n of
ni3l.ltainimj reason a JIr. ratPti for the. col Ie t ion, an3portat =i9n,
ec 1, L i rlc , an l 11 si ' ti l of S-1-,1 i. I v3a� e; and
WHEREAS, Article X:, S 7 of tae California Constitution
aL1t ,crize� cit es e� I: oiPct t IP o.ibli.- health find safer -y her
_ _ _ -- _
I.a1 r1C men u:'eS Ln furthe-riin e ihei.r authorLt ' o'�'F?r O .L %P a[id
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sar, tary matters; and
WHEREAS, P_lblic ?.e.sourcc Code y 110 ^--Dq cr.ovides that
l i f 141 st ? ha t ll 1 1Q of i:n} cn,,Prr, in 1 um— but.. are '.1e
not (im:tel tr =Pqlr.ncy of i illP.Ctl:in, ruler ot co' Iecti()n and _
tL 1> r rt, e Pl GL rL' rr., I,3" c riltl fP.P , and ndt.l e
ilc atioll and C X _t,I.t of pre. , _'1i11.j Sc,11' l r /dc, t ? serv_! c S, and
w }1i ?t }'tGr tti@ SE'rViCn` ,3`_'e. `G lit. L'GylCa' V o r it
r ::1 I:. IT(EanS vi r. .1 XC1u3 'E, ,
part ialiy e'XCilis.4ye or ;: }.C_1'•i C-Xclu: -Lyc- franch_se, contract,
f SP or - oth': - WJ "hick may 1,,, ;rar:tEd l:y l a]. cxovernmert
undo:- "erin�: "ad c:or:d''rio_ra 1)r: ::rii r(j k,v th=e gove rr irtc body_ of
_tire local agency; and
...
vilEF Tit_e 8, CnantPr 36 ,t the } oor :irk M.lni al
'.GClr .r_1CiF {1, $,' c.t t.t:r 1,a_i1L,L'n11 C.,nS-itil._lOn
and blip Re )uIC. 0 s d0 a '( 5y1 lrlr c.- ,I thoriZC s ......t 1f• C C 1 C OL1noil
tG .al.lyd Orle or more __:in his' -S --or _11-: c l:eCtiJ n ref Solf'_i Waste
in 'ho City of NIc orr -4rr; _ind
September 3, 2002
Formatted: Font: Courier New
Formatted: Justified
Formatted: Font: Courier New
Formatted: Justified
Deleted: AGREEMENT BETWEEN
THE CITY OF MOORPARK AND 9
G.I. RUBBISH I
FOR PROVIDING RESIDENTIAL,
MULTI - FAMILY, AND COMMERCIAL
SOLID WASTE SERVICES%
Formatted: Font: Courier New
Formatted: Justified
Deleted: THIS AGREEMENT is
made and entered into in the City of
Moorpark on this 23rd day of
December, 1995, by and between the
CITY OF MOORPARK, a municipal
corporation, hereinafter referred to as
CITY, and CONEJO ENTERPRISES
INC. dba G.I. RUBBISH, hereinafter
referred to as GRANTEE for the
collection, transportation, recycling,
and disposal of Solid Waste in
residential and commercial areas in
the CITY.%
r
Formatted: Font: Courier New
Formatted: Justified
i Deleted: RECITAL
Formatted: Font: Courier New
Formatted: lustified, Indent: First
line: 1"
Deleted: WHEREAS, the Legislature
of the State of California, by
enactment of the California Integrated
Waste Management Act of 1989
( "Act"), has declared that it is within
the public interest to authorize and
require local agencies to make
adequate provisions for Solid Waste
handling within their jurisdictions and%
Formatted: Font: Courier New
Formatted. Justified, Indent: First
line 1"
Deleted: WHEREAS, California
Integrated Waste Managemen 1
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Formatted: Justified, Indent: First
line: 1"
Deleted: WHEREAS, the City
Council declares its intention o(.
Formatted: Font: Courier New
Formatted: Justified, Indent: First
line: 1"
yiHEREyS,
City is oblict_;ted
to F_ro ,,,et the public
health
and Safety o
•"ho _GSidE nts of
the City,, of MC)or �aYl: ar_d
arra-m)- :!M011tS mad., by soti.d wasto enit :�rp i.sos for tI,. e c.o
lection
c,f. Solid Wastes
should be rn,de ir,
a manner. Consi st('ra w
t.h L lie
C :Xcrr-.i.se �.f he
, ityws o'l ice rC;Wtir
for t:. }'I c: prc':f ctic,r: of
r.,ubl ic:
hei' t_h hnd safet:•,
, an;::
Title 8, Chapter 36 and applicable
L. I t e r e t r e: 10 y l c r � := r: i t: h i n t. ) ; c. C: i t_ •y o f
ia11EP. AS,- C1 v and GRANTEE .,1 e mindful of the pro` isior:s
c,.f -he laws ao ernina the Sare (,:'l rc tlol , transport, e C' lr:q.
lr:d dls1�c�sal of Sc J Waste, �l :c udin�x AB 93`?, the ??esosree
- enser•✓aI- ion acid Rer- „very A,- r ” .P"RA" 42 U.S. -6901 et seq.
the. t omprehen 1 r . Fn 'i r onrre It.al FP 3UO _:Se, Cnmp f-� csa+ or ar,d
Liability Ac= ( "CE_.(CLA 42 U.S.C. §§ 9601 _mot . q.
-- and tht:
Carponter - Pres—' ey- Tan.ner Ha?arC'.0US Substance Accriunt ACt
- ("11SAA ") e,J at ^a1 :forma Ilea th F, Safety Cnde §§ 25300 et
eq. and
WHEP.EAS,_City end GRAIJTF;F_ de3LrC' to .leave Ilo doubts as
tr 1he_r rP.s.P c t ve r es an t: m.a ke, LL clear that h)y enterinq
lrt.;. th s q_eemer`._, rit: / LS not t:h ?rohy t.,ecc) l .n,j enera or"
.lr an "arranuer" those Verms .are' used In tie- CCntPX' C_' CERCLA
y 1( 1; (3 . Unless City .iire T , -he wise, GRANTEE, a, nd not
''it,', Will r. e._eC't the tr:,nsfer station, 1aniJfiil Or
tranzSforrration tacili:y destination, GL tle non -re yciaible Solid
Stiasto lit 4 C }1
GRANTEE :eil- collect and C14 laic nGt,
dtid by -his
:\urc,r,rr, rut cis nc t Ln struct. C ?P,:1 . ;F: w;n i i_s : u i l on met hods,
nor supervise thc, col.lectiun of Sol.: A Was l :c', and n,o,'cinq in his
rPPmenL �r o tier a ion of tie �'it l 5 ia11 bP c n t Ltied ,:o p_ace
_ _ _
1 l t .P to S lc } was ::P 1.-i .] , hrd an
Deleted: NOW,
THEREFORE, THE PARTIES AGREE
AS FOLLOWS:j
I
SECTION 1. GRANT OF
EXCLUSIVE FRANCHISE.1
I
...... Section Break (Continuous).._..
By this Agreement, CITY grants
to GRANTEE and GRANTEE accepts
from CITY an exclusive franchise
pursuant to Title 8, Chapter 36 of the
Moorpark Municipal Code ("Title 8,
Chapter 36-) as it may be amended
from time to time and California Public
Resources Code Section 40059(a)for
the collection, transportation,
recycling, and disposal of Solid
Waste, and for providing temporary
bin and roll -off drop box services from
residential and commercial customers
within a designated franchise area. I
9
SECTION 2. TERM ,j
9
A. TERM AND EXTENSION The
term of this Agreement shall be
effective on December 23, 1995, and
expire on December 31, 2000. The
CITY, upon the recommendation of
the City Manager and approval of the
City Council, may extend the term of
this Agreement for an additional three
WHEREAS, the City wou' d n^t enter into this ;- ireement
Jlt."I u. 1 lr jl 't_rles, A Utah C1CaC1Cwr, and USA_ Waste Of
al f )Isla, 1[ l,el 'bare or( rtit.ion, A Was P Mala'emecit
GI D IPA', 'n
llr:_e: s a, arEr c `,Ri NTE rG ld °d a (guar art` in tl'e
— �— �— �- -. --� � --- - . -- _- -.. _ �
i Formatted Font Courier New
IGrm et fortt. in '}: F3i` -' "T' :,ncJ tl:°_ l 1�Y.1trY, 3 a material
_ _ _ _._
�F .:._ .._,._
ormatted: Justified
lI c PI' P1 ":t anti (7c. :er = 1 'C: '�� t }:P ..1 %,' to e[1 ?r 1r:ri? t_r °_
r'
.0 r e t. t:._ I: t, i S and deliver - _ t h ,, C u3 a rt y IJ t o
' Deleted: Any franchise granted
pursuant to the provisions of this
a C; r y e to and be bound. L y ' t S t C r: rr.S ' a P. d
Agreement may be considered for
extension by the Council pursuant to
Title 8, Chapter 36 and applicable
L. I t e r e t r e: 10 y l c r � := r: i t: h i n t. ) ; c. C: i t_ •y o f
law, upon the request of the
Maori ark r'here I S are I ht_ 7, or 'rlh.i )1 :jr(- Slui. ai ?le "or ;''
GRANTEE, in the same manner and
_
to 5 tlno f a :r 7 it and t :iF � °cre Soiij riti�te rest
_ -
upon the same t
po terms an conditions
as required by the provisions of this
_ exported f r o- m T h e C -i t. _
Agreement and Title 8, Chapter 36 for
-
obtaining the original franchise,
except those which are by their terms
y ;IIEP.EAS, City anci CP.ACTEE have t reviously entered into
expressly inapplicable. The
that certain agreement enti _1<)d "FP,A`I _'7ISE AGREFMEP T EETWEEId THE
GRANTEE shall make a request for
'I "Y c F MC'OPPA: <f: AND CChEJOE- NT=RPF_ =SES, -I ",- d.L, a. C.= RJEiFISH
franchise renewal not later than nine
(9) months nor earlier than eighteen
AJi ;.1 . Ir1lDUS "' : ?IEf5 FCI% P< )V.l1)1N V I 11:1P.L, MJL,'1`I- E'A+M1.LY, AN.)
' (18) months prior to the expiration of
V
the franchise. ¶
..._... _____.._.__._.__.__________..._
September 3, 2002
'-OKMERCIAL SOLID WASTE SERVICES" executed on Decceruber 23, 1995
Aoroement") ; and
City nd G=ANTEE desire to arrer,d the 0--i i-Lial
Ag reement and to restate, z:upersede and replace the Griql-nal
Agreement with Agreement; and
G. T. 4.ndust-ries, a Utah Corporat.ior., and f3SA
Was-e 01-7 Ca 1: i f r 11 14,E!, Inc., �i Del---it-;are Co r p c. r a 1- i o 71, a W
Hanagement Comcany nave the respoiisibility and
ClUal Lficat.lor.s, to conduct recycl in�.j programs and to niaxil *1
'n.. sc�n w-'t1,. City's Solid Waste generation
rates) , to ass Lst City tr acnl? -..!c: then-reqi red di,,7(,,r-s ion
gq a i s, and L-0-- col Lect, safely t ran sparl. and dispo!F'e of Solid
Was-.-e In a manner w-tich wi'l mir.i-nize —ule. :adverse Pffects of
co-i-ection vehicles on air rjuaiity and traffic and wii-1_protect,
and has the abillt tv carry out it.9 duties to indtjtr_ it
fy qf Z Y
against liandlity -under (-',Ei--tCLA wh. Ch Ild"JILt arise under this
Agreement; and
YJ H E P ---, AS , t. C:j t C c, -,i n I of
c - the � of JMoorpark
ar.d finds pursiair-. to CaF forr-da
PtAdic f?---,source.s Code
i on 40059(a) I tie dun I c -L ea I t h s.atet.� and well-
bed ng i n c I i,. J nC , the a-.dversp im or. air
qua' iry an, tr;zt ic frcin _.exce-ss--,7e ri-,i mbers o co I e= i on
ve.h cles, a n d in an ettort to •ffora pr(-;Vect:iOi-. of the cit
aq,ainst CERCLA lial-Ality an,.J, re-'atti-A c= airns, and to achieve or
exceed state-mandiatei cloals for So-'id Waste, requi re
tha- G. I. Ird"Llstries, a Utah Corporatior, and USA Waste Of
Cal _ f ", r, n i a, I ric . a I je 1. a w "- r e .Cr) po ra I- i 0:1, a 1ftldst() M a -I a q e rn e n v.
COT'11)arz1r, and r--Larl •_`s And--'rson Sea ''Sue 'Sue I r):--: A Ge. i i (-, r a 1
dn;': iv.-, b �� i.,� i r, �-. s.,3 d Mlo,-�rpa urr: b
ar,.n,�rshjp, C 9 '3 it
--Iwardcaij ccntr-j(-.1-s 1,.-,r coo I i cn, recycl t -,9.
in tnec
t• 10 N' , T F. E' -- 2 E, F C P E , T I i :-:' P A-,< T I E S L. (3 R F, E AL, FOIL—''11S. -* -
SE,-TTC,N 1. GRAN-T (")F
By S .7\ C1 r. e e. ri c! r. I' ear t. an•J 'J'PANTEE
4: rom C' f Y n exc:..usive I r'n ri c 11 k'-_l' S ti a n L e
6
.36 of- -:Aie Mocrl.-.-ar- 8 Cr e r
p.
av -;e -Jed fro- time -r) ti-me ar.d (ali-forn-a Puhiic
a fi i rri, amen, m
Re.. 111 C e S CoAe S, e C ti n 4 (� ,a1 for t r. e C
t r �.t rl S , Y-) t Zt: 1 C. n , U (� (2�"(: I I, r. 'J Q I -A 3 D � S Q 1 C f L', 0 1 i d W a <in(j for
71
erc-,.ridiriq t(�mparar,,, 'il at rol 1 --:4 r dr -op box" Sorvices f r-oin
R C. S 'J'-. r a t i a I P -- C, r, -L'
e-d Franchiss-2 Area.
:'al ec t- j cn c - and Waste I.-v a I i c: e ri
Seplember 3, 2002
Formatted: Font: Courier New
Formatted: Justified, indent: First
line: 1"
Deleted: B. CONDITIONS
PRECEDENT The obligation of CITY
I to permit this Agreement to become
I effective and to perform the
undertakings provided for in this
Agreement are subject to the
satisfaction of each and all of the
conditions set out below.1
',Formatted: Font: Courier New
FFormatted: Justified, Indent: First
1 line: I"
Deleted: 1. Accuracy of
Representations. The
representations and warranties made
by GRANTEE are true and correct an
and as of the effective date.1
Formatted: Font. Courier New
Formatted: Justified, Indent: First
line: I"
Deleted: 2. Absence
Formatted: Font: Courier New
Deleted: Litigation. There is no
litigation pending on the effective date
in any court challenging
Formatted: Font: Courier New
Deleted: award or execution
Formatted: Font: Courier New
Deleted: this Agreement or seeking
Formatted: Font: Courier New
Deleted: restrain or enjoin its
Formatted: Font: Courier New
Formatted: Justified
Deleted- C. EFFECT ON PRIOR
AGREEMENTS This Agreement
supersedes and terminates the
Residential Agreement dated July 1,
1990 between the City of Moorpark
i and GRANTEE for the collection,
I transportation, recycling, and disposal
I of Solid Waste, and the Commercial
Agreement dated July 1. 1991
between the City of Moorpark and
i GRANTEE for the collection,
transportation, disposal, and recycling
of Solid Waste.j
----Secbon Break (Contkwus)-----
SECTION 3. DEFINITIONS.1
L221 i n 9 contractor p e 2: f c. r rr. i ri q work w i- T-- h i r, the scope c. f the
Formatted:
contractor's licenso (e.q., removin,',, art old root and installing a
Font: Courier New
new Ot-Vir""J - -
�) r I e a s-�d by the-c.,),rit.ractor, and
Forma
Formatted: Justified, Line spacing:
11.5
. :
not 1-through a Sol W waste I—Sc-, 1 s not wi thJ n the scone of
'..Exactly pt
.1 Formatted: Font: Courier New
1
t-h i. s Aqf-eerrient- . Co 11 ec: t i orl of Ya.,::J TrA.-IlMirLO-S L-)V a landscaping
s 111 e. o i tiler 11. o vv, i e c i r ie r e -1 r, the co n t- r a t:.o r , acid
14 Formatted: Justified
not t]Couch i so I id s rot w1ithin the sc. c-f
Deleted: A. "Act" Mall mean the
this Ac;reemenl. C,-, I i e c t i n or Ila za raous Was t e and Medica i Was
California Integrated Waste
-.,q i I h il th
Management Act of 1989, Section
1: Irt n sco pe of this _ Agreemetnt . GRANTEE aqrees `.hat
i40000atseq .ofthePublicResources
this Agreement is an "exclusive franchise" as zhat z-errn is used
Code, as it may be amended from
in Public Resources Code § 49520. GaANTEE ackr1(.)w1cdqes that City
tlawto-time. Also sometimes referred
tr, to as "AB 939". 1
has entered int-o a long-term disposal agreemen-- with a sister
I
C."
'VII)aLy of GPAI•.*'rE;-,, and accepts Cj --y's se1ection of tLe sister
B. -Bulky Items" shall mean and
1i include, but not by way of limitation,
Company's 'I a n. a s C 1'. e s o s a s i. t o_: for dlsposd.. of :-iCrl-
discarded items such as white goods
rec-vcial-le res.Jqual s o 1, i J W a s L e
(i.e.. Major household appliances),
water heaters, furniture, fires, carpets,
mattresses and similar large items
SECTION 2. TEKH,
which have weights or volumes
greater than the capacity of an
allowed covered container, but
A. T'�'l P c ere ri se. � v 1. cps to t.-, e prov.',ded
excluding construction waste and
-TERV.
------ -- - --- ---
pursuant to shall I)egir. on Qc!:ober 1, 200-, al-ld
a j special waste. I
E on Deceint)e r. 31, 2 1 (.-RAN7'E---"1 s duty tJ 1:11n -wide
I
"City
in tempi. fictit. i.on ShaLl SUrVIVe tn , er-d cf the :Derlod during which
C. Limits" shall mean the
boundaries of the City of Moorpark, as
co I -'ect ion so ry -`-cc s are t o
of December 23,1995, hih
boundaries are shown by maps
•
B. EXTENSION The fITY, _upon, the recommendation. . of th;F.a
incorporated heroin by reference in
Exhibit "A" and which are on file in the
City Manager ;-ar. d approval of tY. City Council, ezpressed by
office of the Clark of the City Council.1
writ.ten may ext.end the period during wnich coilec*.-ion
Formatted: Font: Courier New
- - i
i ded purl ',ia n- -o th Aareement for
services are 0 ce--
-Prr;v
------ - ro
a ional two f 2 years. GRA, -EE may tare a r e r
Fo d: us fi
rmatte I ti ed
f r a , i r.- h i s e tenPval r, t inter than ri re (9) months or earlier
Deleted: D. "Discards"shall mean
e �Kp 11: nt . I
eighteen '18) mor.t.h-9 or to the ation of the Aqreeme
all putrescible and non-putrescible
-------
1 waste materials which have been
- -- - - - - - - - - - - - - - - - - -- - -- - - - - - - - - - - - - - - - - - - - -- - - - - - - -
abandoned or discarded and placed
C ON —Pl CEDF.'T! b I 3a i. c : i o f C I T to
for collection by residential or
pe rTLi t: this Ag r e e men t to 1-�ecc-me PL t e c t e a nd to pertorm
commercial customers including all
1-i,,:de- ta k i n js provi �d for in th, Agr ecivcnt art� suz� ect to t:!'e
trash; refuse, animal feces� food
t a c t, I'. On C-acJ, 'arld '111 C, 11• .� L i U
waste; waste paper; garbage;
household goods; ashes; wearing
apparel; and all worthless, useless,
c. 1. r a C: V Ur R e r c s --` n a Sors. _1t•' r e c, re t1a t, Of', S
i unused, rejected or cast-off solid or
n: 'war rj i t. i, r� s rtad;.'. t: V ANT FF". are f rur! �. i J r-
. semi-solid matter, including street
i sweeping waste; construction waste;
I.,, as a V t- I- 2 e f t- P c t. V e Cl a t- e
and any other material not otherwise
defined in this Agreement. I
(2) .-Absenl-ti. of Lit --rTa ion There is ro
:
Formatted: Font Courier New
pe; ri n rT or. t he, e t t ec t i ve �Ja t e <ar"y -co �A-r
Formatted: Justified
:e .(:!rd '�r execution -,f th--*s, Agreement
I Deleted: E. "Franchise" shall mean
or s��Iekinq to rres--rain or en"ir-iri its
the exclusive right and privilegw (1) to
arrange for the collection of and to
collect, (2) to transport to a landfill or
D. EFFECT ON PR-•�R ACREEFIENITS This Agre&-rtent zzup r eles
i other licensed disposal facilities as
R C- id it i A-i erncnL da*-ed D mt&r 2-3', 1 6 d
determined by CITY, and (3) to
t)et-,,.-eer, t he C i �-i r k aria 6RAN-1 f-:"-: I o i t, I, e co t : ect: or,
recycle from collected Solid Waste all
r a -i s r, o r t a c, rt 1 C C. 11'. �J zt: � pos 1. of. c�o- d 'fi�-
S
Solid Waste kept, generated an or
accumulated within the CITY from the
Franchise Area. This Franchisf-
_ r4l
September 3, 2002
Gr,'n?r lad lk Ir?'ntrC.t: ddt.2, t7ecPn1)F?L' % ?r 1 19 1 "t./PPn t_lEe ,` ty of
Moorpark and C:trHNTEE for t :Ie c0. e.0 *1011, transportation,
disposal, and rc,r:`;cIin:I of So] i.d uda-te, e:xceht that the
provisions. of those prior agL:e(—ment.:z; by whic l GRANTEE a reed to
Lrotect, defend, indemnity and hole, the City harmless against
CIc, ras snail remain ]'1 ef1F)(:t
C'EC`I'ION 3. I.-)F "-- .1N- TI(7N :.
:whenever ariv
-8, —:.E
tern used in
!..c- reerr,a-nt has been defined
I i t.` e C at, 1
h or r.y ) Lvi. inn
3C, Par!- i, Chi. ter 2 of
the
California Public
Resources lode,
the' definition in Title
8,
hapter 36 or t1.e
Public Rr of Lces
Code shall anpl unless
the
tPrm is de.til-ed 1 7
r - hi'' 1greeirlen zi.s
tCilGid
A. "AB 939 Fec„ means the �e:e .r ascessrrlent. i.mr)osed by the
ClT't oil i RP% TEE -o r'ecov-, r : ost.s of irripl- ernenting the Act
and admirisI- er:ing t.hi - s Ag Pemer,t,
- -- - - -- - - -- - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - -
B. A :`.1; cr ��rii_; 939, " means 1..he C;a.Ii.forn a Irtegrated Waste
Manaaemei Act of 19691 cc;uified in _part at Public
Resource_ C. -de §5 1J C'm er: J
7 it riav be amended
�
from Lime tG [Lute d[ld as irit'AelnenLed by the rec.`.11ati.ons
of
_.._ i._h_P _ 1as_.t- _e h ._a.na — P.n_.t- e— n — Board, ... of
- _
- -.
Lts succ- es.4or
I,
C. "A P_e.mer. -n -nears this Franchise L`.creerrtent ra lred by
City to C .RANTEE.
D. :"Applicab_e Law" 111can5 a:ly law, rule, r'eg'aleti0r,
re.11lLL'E'lllenr, Clld +'`l. :riG, IiE :r(!it -, aCt.l! =•l, d•'. ?f.E.'rr'naticirl or
or -de I' Cif ar1V GJ`•yerr1R :L t7t_aI Body haL -1n•4 - 1UC'.iSJi -C:t- 0r',
l`Pl] .at 1P t: n rte o ;.imle to t :he services t.; b
Crov L .i8.1 .�, l rSU'1I1t. `..c t-h'.I /1 :.1 r-: em E-. n _; 1:.1 P r)r`E r I, P
............
Assets; 11E sit:-11g, cbf.si -jn, acquisiticm, permitting,
constriuc,t on, F'•xtl_�'I .I1', fi1,aGC -nc', owne sni ,
Possession, ; haKedc""'n, tE stinq, cpera%icn or `naintenancir
of any of tho Oporating Assets; or aIl', other "ansac::_cIn
or "rlattC-1- contempl" :c-d hereby (ir:CludiIlg any of tLe
n
forego_ •I rr=,ict1 `curl. irn t:ealth, safery, f ire,
nvi.rorlm -�!nta1 prrLc Lr l _•n, abC? relations, mi - _::1a* ior]
cades, nol7_i SCr Cll ,at L )Il and
t.f,r a`rfI PI7t of I`u I1 Lmt1Tl /ngPa, all's fl rttlPC I n il; :� Rg the
_ e
Cc)cie and -he I— ours_`, 7ntrarared Waste Man3gemer.! Peal :.
E. , "Bin" rreans i container ;caned by GRANTEE an^ provided to
a Cernmercial Service F :ecir' :i : :r :t or Residential service
Recir•ier,t: for -:Ile _:ollecti ^n of Solis. Waste, } avina a
September 3, 2002
Formatted: Font: Courier New
Formatted: Justified
Deleted: (2) Requirements,
reimbursements, charges or fees
incident to the awarding,
administering, enforcing, transfer or
renewal of this Agreement, including
payments of bonds, consultants,
administrative expenses, attorneys
fees, security funds, letters of credit,
insurance, indemnification, penalties,
and liquidated damages.%
Formatted: Font: Courier New
Deleted: H. "Grantee". "GRANTEE"
shall mean G.I. Rubbish, the entity
granted the Franchise pursuant to this
Formatted: Font: Courier New
1 Formatted: Justified, Indent: Left:
10.3"
Deleted: I. "Gross Revenues" shall
mean any and all revenue or
compensation in any form derived by
the GRANTEE, its affiliates,
subsidiaries, parents and any person
or entity in which the GRANTEE has a
financial interest, from the collection
of Solid Waste pursuant to this
Agreement, including, but not limited
to, monthly customer fees for
collection of Solid Waste, special
pickup fees, bin and drop box rental
and collection fees from residential
and commercial customers, revenue
from the sale of Recyclables, and fees
for redelivery of bins and drop boxes,
without subtracting Franchise Fees or
any other cost of doing business.
Provided, however, that the amount of
gross revenues may be reduced by
the amount of any residential a 5
Formatted: Font: Courier New
Formatted: Justified, Indent. Left:
0.3"
Deleted: J. "Recyclables" shall
mean source separated paper,
newspaper, glass, aluminum ark Ibj
Formatted: Font: Courier New
Formattedjl
Deleted:
K. 'Recyclables collection container"
shall mean a container, bin, or ( —raj
Formatted: Font: Courier New
Formatted: Justified
I Deleted: L. "Recycling" shall mean
the process of collecting, sorting,
cleansing, treating, and recons q
capacity of between one and one-half (1 •t) and six (6)
Cubic yat"'s. Formatted: Font. Courier New
"B-,i I ky ltcm " rnf ans and i ric I Licies, bill t bN7 wav of
limitation, di-st-.arded ,.,1-ich as white 4,,:iods (i.e.,
Ilia or household ap �_l ianoes) wa�--(-,r heters, furniture,
tires carpet-s, ir-atLressps art,-, similar- .large items which
have weic!rIt-.-s--o�r volurnes 4L .ati&r than the calDacitv of . an
allowed covered containpi:, b 1-it. excluding const-riiction
waste and special waste. Fur the pi-irposes of this
Agreement a set of a mattress and box s,,:)rir.qs shall he
G. "Cart" means a plasi-ic... conLainor owned iy GRANTEE and
i:, r C., v i d ed t a Res! dent id r v � ce R e c i p i. e n L s for
e
col lectio,,L of Residential Sol]-i Waste, ha,.nq a ar,acity
r 7
,r between thirty-
__�-_wo 3 and ninety-six_(96) ciallons.
--- - ---- ------
H. -'Thar-le, in Law" uir2aris arty �)f the following events or
conditions which has a material and adverse effect on the
oer-for-nanco by th(i, parties o= their 1-espe'et ive-
rbI i .:I a i o, I:,: uride- r this A,.1 I* e c. rn e n L excep*- for payment
ob' i iia i on!s) or on the siting, de6 iqri, p e r-m I: i n -g
acall S,: i 1. on, UC I_ i Orl, f i riancnq,
owne r i n, p E, r a t l.on or
maintenance of the OFerati ly Assets or providinq the
7 --- ----- — - - - ----- - -
servi,7es nescribeo in t�his A-greemen-,, 0.- (,)7:hPi: ma tern to
which AppLicable Law a-.)plies:
(1) , The (mac,:inent, ado-D,:ion, promulgaticn, issuance,
rrt,;,J i I j c a t. i e:, r i , —1D r w r tte,rr change 1 n any 1 aw,
o r'.14 i I r, !1 -- e or a dm i I St. r a t i V e or
�, iici a I J rit:�I-pre'..at. on -I-,ri or af,!.er the P fe,..:tive
ca*.tzL,"t of t'i' s , ArrP.IIPIt an
y Aj
(2) Tne� ci:cer 7;r o� iriy governrftPrlt clGericl
cn or Fitt.er the etterti•e data (7;r this Agreement, to
t.hrl exft2nt ordc-r j--idgment is not the result
o,f: willful r:,r error oi- or
lack or c.. ci i I i )orice -,-.)-F th(� Ci t,., o: of
o'-c.ur,-,ence of a
K-) w e ki'Ft r I- h a L Lhe
on i. r,) it :god f- o] f a 1. ki t (I I 1 ciood
-1-rAit--' t.10 'any s1--:--,n ordei- or 1.1 d' me r. t s h a i i
not COilStitl.lt.P or be (7;r
n t-'q 1 -1' r: t c t I o 11 17., r r 0 r or om 1 S 3 10- n Or _3r)• (7)
diliacrice; Cr
September 3, 2002
I Formatted: Justified
Deleted: M. *Solid Waste" shall
mean, but not limited to, discards;
yctables; bulky dams; yard waste;
raencyor all of which may contain small
amounts of consumer products with
I the characteristics of hazardous
substances: excluding special wastes
as defined in Exhibit F (Special
Waste).1
jormadetkFont. Courier New
Formatted: Justified
Deleted: N. "Temporary Service"
shall mean collection service which is
provided on a non-regularty
scheduled basis. Temporary service
also includes all commercial service
and residential service requiring the
use of a roll-off or drop box, as
defined in Section 8.36.040(D) of Title
8, Chapter 36.1
Formatted: Font: Courier New
Formatted: Justified, Indent: Left:
0.3"
Deleted: O. "Yard Waste" shall
mean source separated materials
generated from the maintenance or
alteration of public, commercial, or
residential landscapes, including
grass clippings, tree and shrubbery
trimmings and prunnings, vegetative
cuttings, leaves, brush, weeds, and
related compostable materials only
generated from property of customer. I
Formatted: Font: Courier New
Formatted: Justified, Indent: Left:
U*J-
Deleted: P. 'Yard Waste Collection
Unit" shall mean a container, bin, roll-
off drop box or other container,
approved by CITY including size, used
to hold source separated Yard Waste
placed for collection.1
I
SECTION 4. INCORPORATION BY
REFERENCE.1
I
Exhibit A, describing the Franchise
Area; Exhibit B, outlining residential
services; Exhibit C, outlining
commercial, mufti-family, temporary
binfroll-off drop box services; Exhibit
— specifying vehicle and equipment
standards; Exhibit E, specifying
reports required; Exhibit F, describing
special wastes; Exhibit G, providing
the service fee schedule; Exhibit H
providing the rate adjustment
schedule; and Exhibftl,descrr —rinj
(3)
The denial of an a,,>plica::icn for, U(IlaV -IL
r r,v i c w, iss iancc or r or'F.,wzil cf, or s u s p e r; s --' o r
ti*-::rT i .I:, :n ter rt.p*- i on iMf)OS,". Li `)rL Of iieW Or
I,! C. s I- r -. 171., 3 C! f It C: C) [a I col t 11 t.he
nnec.-ioii W.
S SU "nc','' renew'al lu're of issuanc' or 1'enewal
0t7 dL:.E-[ he Eiff(:(-t-LV(- '.Iatt? Of tl'TiS J*S-jre?'Ileni-
a 'I V 1 C, a a
e n P r t- the o x * e r. t t- h a L such
:Pnl a e* S t; sper.s i on t e rrr.-4 nat -4 or,
int:Prr 111:, t_ 4 on, 1-TLP.0S--*'iC�-1 cr If u r e -n a t: e r i a ally.
a d -.,7 e r s e 1 y i n -: e r f e r e s w --' t: the performanc• of tflis
Ag r e cm e r. t , if a r) d, to :he e x -- e n r that such denial,
dc-lay, suspension, terminatiorl, interruption,
i.,ripositi.o:1 or is :lot fhe resli-it-c-f willful
or- ne-gligent, action, err-,,r or orn.ission or a :-&-.K of
P a s,:, r I e di 1-i q e n (-: e of 1-1 h P__C i t_y_ c, r of G R A N r E E
w'lj hever is asserting tjje o,.,currence of a Chan l-le in
Law;_ provided, no"aever, t��a- the contesting in clood
fail-are in
or ------ -4- 4 --- - --*-- --- ---- * - --
faith to contes'�_any
SUCf. -de n al, de lit' /, S U spe n S i On, t e rm i I la t i o r ,
n t e r r u-,) t - c. ri, i n, i p o t i c) r i or faiLire -Shall riot b(3
r :is - -L'I -w i 1 f u 1 or neriligert a Ct4 -P
u or,
r " or i s� of reasonable d: li)ence.
o r e --z i )' t o r a
September 3, 2002
t y" mean he tl of r r k, r r.j a rr.tjri i. c,* I.-;a I
corLoryt 1. on, rt(, I d i !g_ '-JneM-orp.ar± Redpyeloprient. i
J.
"C' ty -'acilit - me art s, anv 1: -,1 i1cinq or other site o.wried,
leased or u-ied requiarly and significantly and the space
thereiri occ.upied by morf, :ihan 71• percent by C-MP10VC-C-S Of
I Formatted: Font: Courier New
contractors of the C--'tv or the Re development Aaencv Of
Formatted: lustified, Indent: Left:
Ole. City, an <a (:-.Xclud, -2s IA.C'se. Y)":'rtions of such faclli.--des
0.3-
-_r Z3
r-j I I he
i Deleted: (1) The Franchise Area
granted by this Agreement
nt hall be all
K
C I t I i ni i t 3 M t�-- a 113 t 'i e h 17 e S 0 f' t he "-:10.y --of
cuff ent and new residential and
commercial premises within
C; 3 r i ) t Ja n f.ia r 1 2 00 2 b rj 1-, n da r e s are
-
s h ov; r. b -L i C S 1 I C- 0 - A herein r e t P r e n E i r. Exhibit � r
i Formatted: )ustified, Indent: Left:
0.5", Hanging: 0.3", Numbered +
A' al,d zi r e- Or, i iF.- n the office Of E, C i t- V
Level: l+ Numbering Style: A, B, C,
1 k
+ Start at: I + Alignment: Left +
Aligned at: 0.3" + Tab after: 0" +
Indent at: 0.55"
L
"C f y I a ) 0 r I e y -! = I r) j h CJ L
Formatted; Font: Courier New
:1 Deleted: area identified in Exhibit "A"
to this Agreement. This Agreement
M
(,, 1. he 4 fn r r i. rj Fnv i r -- •rtli-ellt a Q',j a I i Ac I,
also applies to all City owned and
cco'i t ieJ a t :521000 et- Sic-"D. rl s
Deleted: Redevelopment A -cy
g
S+'Ipp rse-d �J, and the re-,julatioris_ pr':;-Ti111q_ated
owned premises included In the
Franchise Area as defined in Exhibit
"A"
the �400rpark ML1:11- :: F:.+A Cede,
Formatted: Font: Courier New
Formatted: Font: Courier New
September 3, 2002
I Formatted: Justified
:Torcur.ercial Agreerrlerl`" Iriearis tile. AGREEMENT BETWEP4 THE'
Deleted: (2) Territory annexed to
LL T V GE' WIORPARX AN F" G INDUSTRIES, A UTAH
Ile City shall be added to the
Franchise Areas granted by this
C 0 R PO F\'AT1 ON , AND USA WAS F CA L I FORNIA, INC Agreement pursuant to City Council
DE LAINIAR F, C 0 1-1, P 0 R A T I 'AN , A W A T F MANAGEMENT COMPANY FOR resolution. CITY shall not adjust the
HUL'1'1-'AM-1.Y AND 30j II WASTE SERVICES, dated Residential Rate in such annexed
territory before the next annual rate
OC t of ' e review is scheduled. Customers in
annexed area win be distributed
P. r� orrrercial Eremises me a:i s 31' p remi s e s i n
f-'t cons
isten with the poviso
ns of
y Exhibit A, Franchise Area.
ct .i er
than, Residcritial Prc�rr.i ses a. s: ce r i ri e d i n tills
Aq reerte Tit, b'_l t exc 1 -, id i ri q bu s irie s s e, s racer v i n u Cart
e rVi Ce SECTION 7. CITYS OBLIGATIONS I
S
Formatted
. . . . . . . . . . . . .
Q "Cr.mme ro i a 1. Sc)' id 1?1aS t e rtea r)s 5(d J Waste qerie ra '.ed at Formatted: Font: Courier New
Deleted:. Cooperation W
R "Con, a iier" mearis a rc,J'- -o f f dro;D box or Cart "Lft—ttd- Font: Courier New
• I Deleted: I F_.. [1.31
S. MC'& 11 S t I E_- exc u s v e I Formatted: Font,
arid pr:.vi1cqer` 000tierNew
4
the Fraric h -sti, Areei: -4
Formatted R41
,2- r d:lye.
t_.C) C:01Ie':L. Deleted: C. Administration 4
5
for 1-he co� (L'
f� 1, i d Vla Formatted: Font: Courier New
Formatted ... 16
_L2
-a t r' "Id[: I I or o tie r
s-O Ai ' iit"es as dFtermined CIT Y r� '
c y
Formatted
(3) 1 e S o I i d Wa sr. c ,,Formatted: Font: Courier New J
Formatted ... figi
This Frarichise is sub-*ect tO all C.f 1 Deleted: GRANTEE shall fu
... 1201
-a,-IJ to ar,,y rights f Formatted
-1 C: -Y aljy :;t 1: 1 i d IV., - s t. e e ri t: e r 1) r 1 se any, "'�Formatted: Font: Courier New
Old 11 r t.S p�l rsljr� r:t. t-) P u b t. L--, .4
.... ... Formatted f221
Deleted: A. Costs For Prep
Formatted, Font: Courier New
T r Fi r. C.-I se r e a Means a area E �-stablishekl by
r -tior Formatted: Body Text 2
CITY u r z� u a:-i t t o -ihi s Ag feerner, )r the col - e(
t r _, ri t -i t i q , L:id �ii Spf-)s a 1 0. f Sc 11*1 d Wa S t 0
Deleted: B. Management/A( .. j2_4j_�
Formatted: Font: Courier New
a �S S 0�3 SM pe) �i c., d b
U rLar.t _:'J 1 �jc Fco" I- I' FCC r- T� t._. i,rq Formatted
U S e 0 1.S 's t. J t L" s a s
GP. A NT F':. Tir'- 1 f I-T c h i Lee" C, es r r I 1::a 'Dleted:, C. Supervision.
Formatted: Font: Courier New
A r-. �iX S k' SSIlle 11 t- yer.er :tl 1 Formatted
F..T2 -7
r'PF'.I.i'_l)i ity" nC' 11CJ.i n"T a I s u -c h tax, Lee, r -tad:. 0. ubcontractorsF. [2811
De�Wted:
d -1 -P.At,`T7E er
e" Mel impose, ri rc-1. b �.i -9 1 ri e ss P s and C I -
i r se ry _-' cc, s but rO i i ric 1!,idi riq a -_;IX, fee, C
September 3, 2002 10
ass e s smier, t wF ,.ich is --ndu discri-rdratcry against
Formatted: Font: courier New
GRAN—E-E or i - s customers) ; or
Formatted: Justified, Indent: Left:
0.3"
(2) i r,'.iner,.,_ s r-.-, 1 lilt). I s, charges or' .7 1. _t:--,
L Z , -- I Deleted: F. Office For inquiries And
incident. to =the �•var:Jii:q, a d:ii i I -. L s L t_ r i r; a , e r f c, r c J n(1, . I , Complaints. GRANTEES office hours
P r re!"I i] :l s, P. r e (-. I e n L , �i -, c 1. u d i n g t 1 shall be open, at a minimum, from
t r a ns f- e.wEi of I :
71% 8:00 a.m.
pa Vaien-L of )ords, c-on s j I t an t s a dir, J'. n i s t r a �i v e
L __ - _ - - - _ Formatted: Body Text 2, Outline
e,X crises, attorne
� I s rees, sectirity f unlis, I e t e rs
If" I numbered + Level: 4 + Numbering
of credit, 1 ris uractF rnr.
ri,�, nde i f icat 1 r;ri 9 e,
, yl Style: 1, 2, 3, ... + Start at: 1 +
and liql_-.i dated fd;ilfta(.JC 3. Alignment: Left + Aligned at: 1 "+
Tab after: 1.25' + Indent at: 1.25"
lilt
V "Grantee" means G. I Industries, Inc a U t a h-l- Deleted: offica, fisted in the
telephone directory In the firm name
CO rp c r a t i r, r i "_ n J USA W a S t (:+: to f Ca _. i f c) r n i a , Inc. a Delaware '0c by which it conducts business in CITY,
company., I and shall during the above referenced
corporatir)ri, a "Kaste Manacleriert
oil days and office hours have an
employee at said office to answer
W . `,Toss- Re v e n u & s means -- a ily _ and a I L revenue or Y ;i, inquiries, receive complaints, and
c o rnp e n sa t on i ri a ri y form d r r b�j GRANTEE, its provide information about residential
and commercial collection and
a f f a--t- s 11 b S i d ia r i e S _p Fi r e n t s__ _ and _ .an y F, e r s c; rL or disposal services and programs. The
- ------ fill,
entity which GRANTEE has a financial interest, f roin hall be a toll-free
I portions
0, this Aureer-terit, telephone number s
the Collection of Solid Wastc, Pursuant t number from all
includ:.rx, but rieit liatited to, morltlfly CUJto-ner fees for j "04 Formatted: Font: Courier New
resid ,, 1, 1, :orrote r;-_- ia 1, , an d t: : ripc, r a r c o l e c i o ri o f Deleted: 4:00 p.m. on all collection
days, excluding Saturday and Sunday
S ,, id Was-.(" spec-'. al pl,crw,�:- ces t-?:.ri and d-_ap bo:� rental 1.
SO I "I' and CITY approved holidays. The
.a ri n I e t i r, f e P s f Lon R e s i d e n I. I a I SP c- e :r e c P n L s I" GRANTEE shall maintain an office at
.1 ome III ed I a ion easily accessible
I-evenUe. from the Sa I E� of Re. c, - c .. a- I e. M a L e r , a.]. s and -1 m cc I
----- - from CITY and shall maintain a
Recvclable SoLid Was-e, and fees for redelivery_ of bins f.,If
telephone at
ca na d r o r, nozes, nu, ex c _'l icl i n r.7 t: h e I a n d t i � I s h -, r e c) .' t h e
Formatted: Font: Courier New
rcsidentiai roll- off drop Vc�: rcvc.n-_ie, w i t'--i (.) u t
It 4 Formatted: Font: Courier New
subtracl-i-l(i Franchise Fees or ar:y other C 0. s �: 0 f doi rig
business Provided, however, that: T:he amount of q r r) S S Deleted: the CITY. GRANTEE shall
provide an answering service to
rever.Lie�s imay t-'c: reduct�.J 1�y *-hc ar%our,� 0-- any res-.don::ial receive complaints at all other times
or,(-, r t�ad j w,> I- - n,.-. 1 j r :: e,,i by G P. Ir, NT E;�,' or ,-finds and an emergency telephone number
that the GRANTEE can be reached at
re . (I r ri e':1 o r- s z_le r, i I mi e, r.s , r, o v e,.d t�IaL 1. h. e
24 hours a day. An employee
r vF! v e. u e w S C I, e r e s lei? i. n t 1,; d i r. the
r New
7- Formatted: Font: Courier I r o s s i e ver r 'D s S P. f V e r 1.1,��s sna i r)e
i A c d
C c: I" I a t 1 n ac I- k? r d'a r: c.-r_, I C;e n e r Deleted: the GRANTEE shall be
pte available during office hours to
Ac C. 0 U r. 7. i I 1 1: 7r e I _r e S • communicate with the City Ma,=
.. 29
H a s 141 s t o,ll �..,iS*_C., rlall��rials or- inixt.k.re, of Formatted: Font: Courier New I
X a r a Formatted: Justified
_7
wa s r. e s a el t i n e -I as "hazar-d,-;us Stile stin ce" or " I 'A a -_ a r a o u 9
. . .... . ....
wliste" to tne Resci�rce C,7;r,,5e__vaticm and Recovery Formatted: Font: Courier New
A 4 r 1" S C V! Deleted: Service Complaints.
Complaint Log and Complaint[ ... [301
Ccm[�-; r e -1e. r �i i v r, I- nn rr.,�� -a I R e :z; S e C; ml L.-, Pr, s - a 1� o ri and
Li--11_�i 1 Act: ,E Rt.-A "), 42 U.S.— §-Y -9 •1 o Formatted
Cit rperi r - P I c-y-T--irte r H_:tzard,:�,_is ;3l_,.bztar1cr, Ac=_irit Act Formatted: Font: Courier New
c o J i c i c-d a i f c, r n i e �-1 ca I t 1, r , S c. t y l,0 9 e §5 Formatted: Justified, Indent: Left:
2. r) e r -i i I f ii t t.i r e amendirents t,:; any c)f their.. 0. 3"
r; r J e f i. F. El a r., Y t: I E .-I I t (7; r ri i a ntcr ited W F, :3 t: e Deleted: (1) General. GRANTEE
shall be responsible for the prC.
__
September 3, 2002
Ma'naq eme. 1: 4: Board W 1. C: r e e r e is a Con f 11 c. t in G. t 11 P-
FF.—ttd* Font: Courier New
def in i -- ic!-is emp 1 oyed b y V110. r more a 2-enc i es h a v 1 ng
4 Formatted: Justified, Indent: First
Urisdict or (-)ye r or Solid WasL,4, line: 0'
"haZ61r-d,,L'1S WeIS,C-." Sha11 b(I I-G ha',•e thfe b�oade'r'
Deleted: (3) CITY Review. A
more -'.-,cwripa ss i r.cf dt'' i ri i.'- I on • customer dissatisfied with
GRANTEE'S decision regarding a
- - -- - - - - - - - - - " - - - - - - - - - - complaint may ask the CITY to review Y P111 W 's � e :jeans ri te a e r rE- d a s P d i c a 1Baste m
the complaint. To obtain this review,
S f
in Hea. th &
_y_ C.,-),-Ie Sect o n 11 9 01 the customer must request CITY
review within 30 days of receipt of
GRANTEE'S written response to the
Z :'V --11 t i - Fam i 1 y Premises" rrc;lr,.s a re.siderltia I property complaint, or within 45 days of
1i av i r. g two or more units, including apartraent houses, submitting the complaint to the
cc-1dorl-iniums, or mob i I e I c. ia e parks. Mult'L-Fami I y GRANTEE If GRANTEE has not
responded. The CITY may in its sole
Prein.ises mov eit.ner Cart S.ervice or Bin Ser' vice. ± discretionextendthetimetorequest
1 its review for good cause. Before
reviewing the complairil, the City
AA .," 0 P, E-- j� a i r s f L� meat 3 a . L real and pere k7.)nal. proper-tv Manager or his/her designee (
ot an- kina, is ownel, eased, Ira rlac'.. -(;r
0 Urlder contract, to GRANTEE to r vid-ing -the Formatted: Font: Courier New
Formatted: Justified
services described in this Agreelment, inciiidinq without
C r: t a i ne 2: s , (4)
imita�ic, the facility, vehicles, -.zansfor Deleted: Customer
Contact Logs. The GRANITE
stations, maintenance and storage facilities, iraterf-als
recovery facilities, c orripo s t i n q faC4.litieS' I Formatted: Font: Courier New
I a c ; I j '. 1'. S , and u t hr� r eqt-ii prient-, Formatted: Justified, Indent: Left:
0.3"
mach 1 ne y,- �:,a r t s, slippl i es .id oo I s
Deleted: The CITY may conduct
orn sample of the GRAN�
- - - - - - - - - - - - - - -
(351
BB.T"Rat�e" Me an s t, h e. c ha ,e ;:.o 1 -1) 1%)-.s oli. e, r f (, r S Eif V c '::5
, t :
r.rovided by GRANTEE as specitieo in t1--e Aqreprkient. Formatted: Font Courier New
Formatted: Justified, Indent: Left:
0.39
cc.:'Recc-Vered, Product" means Roc',--laible Solid Wastes that
are recovered 1.V GRANTEE for r,'2cyclinq, reuse or resale. Deleted:
H. Complaint Reimburseme ... (361
Formatted: Font: Courier New
a commod i L v apfi 'Ied as,
"Recyc-Lable Material by t zh c- "loorpark Mi-'Irlicina-' Code. Formatted: Justified, Indent: Left:
a 1 t h;i t has b e c- r. s c a r d t-2d, i r. t �,) t--he, 0.3"
i- Deleted: (1) Remedies. The Cty r c s i d2n t i a 1 wc; t c. s t r2 a m h 1 o s f L, ch.Qract c r a S i>:
Manager or histher designee .. �E
c Ha -- e r i ;i I d 'la: becorrt^. S c, I j J` W t- c s U b cc: 371)
Formatted: Font: Courier New
f Formatted: Justified, Indent: Left:
0.3"
E E P, S, c71: vas - P rr'-� a rl S sour c':� - SE P a " e C- d
, - I , Deleted: (2) Quantity Cispuiel� r. e w s aper i �-s il[Lin�ir And bi-me: r, 7 r da -a
the event of a dispute eL
-erl .. 138
211astic., 3iliky I-,errs, j7,nj rua -,er"al - ha. : is 1.3 C. , I - __X
Formatted: Font: Courier New
e c t i o n
In r� e, s e C ra r t,:� r
ORANTEE Formatted: Justified, Indent: Left:
0.3"
o :.J 1,95 1,. C-nLa i rier
Deleted: (3) Property Damage. Any
- -, physical damage beyond
3�
en a -t�r V C
'W.�Ic "f'A[,TFF, and r; r-,)v i J-*.::--1 t. P;,.s ic
ld by -L- I
k_. --i p i P n t :zi f- (- r c) c 1. i r, L e!H:1. r. 1. a I P, e I a e Formatted, Font: Courier New
pac i, F
i (.I �W a �z- h a i ,,3 a Formatted: Justified, Indent: Left:
0.3"
an r� i_1 .3 i 9 alil 1-1) ri s .
Deleted: I. Customer Information.%
------ -- - -
September 3, 2002 12
J0,""Res id r :al Solid Waste" means Solid Waste generated at,/ H
Formatted: Font: Courier New
GGJRocyclinq " means the process of collecting, sorting,
Formatted: Justified, Indent: Left:
Q eansina, treating, and reconstituting Solid Waste and
Recyclable Solid Wastes that would otherwise be disposed
Deleted: (1) Notification
of as provided by thLs AgreemerV, and returninq them to
Procedures. The GRANTEE shall
I
the econc-nic, mainsLream in the of Which ch
1 C s
fumish customers, in a form and
i manner approved by the City
-1 -2-
ineet he aualitv sLandards necqqsqoy_Vc_Ve usol A the
Manne, W Me GRANTEES
-- ----
market_ •lacA.
expense, at the time service is
started, written instructions of the
LL. Sinale-Family Premises" means a separate residential e
procedures for Solid Waste,
HHJResidential Agreement" means the AGREEMENT BETWEEN THE
I R-yding, and Yard Waste cq .. [4
CITY OF MOORPARK AND G. i. INDUSTRIES, A UTAH
Formatteit Fwtv Courier New
COPPORATION, AND USA WASTE OF CALIFORNIA, INC., A
Formatted* Justified
,
DELAV.1i,kRF CORPC�RAPiON, A WAS'IF MANAGEMENT COMPANY FOP
Deleted: ---- -------- --
............ 4
Z�
RESIDENTIAL SOLI) WASTE SERVICES, dated October 1, 22.
Formatted: Font:
Courier New
- - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - -- - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - -
I I jttt'd ep L ji. A Premises" mear Sinqle-Famil,/ Premises
Formatted: Justified
MUl ti— FaM7 iy ice or
reqyQng Cart Serv� tem2orar
Del.bed73) O;ce Hour Sy
_Premises
roll'of F-ok t-mbdraky- Win— Service and all 'he
...... places
`Formatted: Font: urierNew
CCO
receivinq Cart Service (includinq temporary roll-off or
1 Formatted: Justified
temporary Bin scrvicn.
Deleted: (4) Holiday Sched ,,, f4
J0,""Res id r :al Solid Waste" means Solid Waste generated at,/ H
Formatted: Font: Courier ew
RusidenLi al Prumises, E
Formatted
A- - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - -- - -- - - - -- - - - - - -- - - - - - - - -- - - -
KK.j§ejijepV a I Sery i y kegLEVW ye--, n s a Res i den�, i al- F
Formatted
Premises Mat receiyes,jand Waste ZQiection s,�IZ�ices f
f Fo tit : Font: ourier New
by the fit, to provide the .
. . .
•
Formatted: Font: Courier New •
&IRANTEE,
LL. Sinale-Family Premises" means a separate residential e
eted: &
:hope rry havinyl on: jivi%q unit. F
Formatted: Font: Courier New
Deleted: collect the Sol n!L.
MM "Solid Was e" means those malerAls deK ned as S c, I i d
A w
Formatted: Font: Courier New
waste V § K911 of ihe Cali -
Deleted, GRANTEE'S busing
WAS it 11, -
Formatted- Font: Courier New
NN "Temporary Service" means coilecnion se rvi ce that is F
Formatted
providoi on a non-ryuLyrLy scheduled basis. 17emoorary 0 1
1 Deleted: (6) Billing. Fees to(-
s e r V v, s0 inc l,-1,-1C, S comme r C ia I S C. r -v i C e a nd F
Formatted: Fo - Courier New
residenkal service re-jui r : m; QC LISC M a roll -off or
drup box, as defined in SeMlou 8.36.040HL) V Cle --'3, F
Formattei.— L
Deleted:
Formatted: Font: Courier New
nn H'v00 W"Oypl -it i -
'� -rma--
ne cnnsiaered hazardous in certain circurrsTidr�-_Ps, thar is Deleted:
bLC=l
Whod 61 Title 22,
Formatted: Font Courier New
Section 66273. 1 et _s e of the California Code of
Regula--isns a; d by 40 Code V Federal Reguia�,ions, Part
iFormatted
4. Deleted: (7) Customer Ternf-
September 3, 2002 13
September 3, 2002 13
PP
273, as any be amended_or superceded by applicable state
and federal reaulations
"Yard Trimminos" or "Green Wa6ne" means a form of Solid
Waste composed of leaves, grass cl±pings' brush,
nranches and Mer Mims of qL ;an jc natter gene_ ared f-r om
ns parri!..ed f.Ut other Forms of
-,mber. "Yar, T
r ai-
includew noiiday trees
�iZ- i �.i d. - n but not -, I i m -4 t e d t
6001si��-,*ah TAK and Hanukkah bushes. -Yard TxinminW
4 4 1 A K d4 A 4 A
ohs non Inc. u c SLUMPS or ran,_ no e-we .1 es 1,
(4") in diameter or four feet (V) in length or scrap
lumber whi(-r, woes not fit ir.to a Yard Triaviings Cart.
Yard 'Iriawiings does, not include yucca, cactus, palm
Liheated I r, . and other materials that
fraDd , wressu �� ratec i �i nbt
are no aitable for composLing.
QQ.,,, ,.a mri-incy Cart" meapy container cyned
4
_j _p i a y t i c
GRANTEE and provided to Residential Service Recipients
for the_temporary accumulation and the collection of Yard
Trimndnus, lliaviriq a capa,,::-Jty of between thirty-two (32)
and rinetv-sii (96) ciallons.
SECTION 4. INCORPORATION BY REEERENCE.
Exhibit A, "FRANCEISE AREA"; Exhibit B, "RESIDENT:A! SCOPE
CF SERV:CES"; Exhibit—A—" 'ES'RV-D";Exhi>in
C-1
"RESERVED";
FaY dt b,
AND EQ j IPM EN T
TAN
E,-
"REPORTS";
Exhibit F, "SPECIAL WASTES"; Exhibit G,
"SERVICE FEE
SCHEME";
Exhibit H "RATE ADJUSTMENT
SCHEDME"; and Exhibit I,
"INTEGRATED
WASTE MANAGEMENT ACT 10PICS"; and
Exhibit 0,
"GUARANTY";
all dated October 1, 2002,
we incorncraLed
into 0-is
AlveHmAy 100,
-------- ------ --- ----------
GRA' E!: t-0 bc, t.)oun by', ,na comply stn, i.iii the
leggiremyny of Titif 8, Chapter 36, of the Code and this
Aureoment. GRANTEE wai vcs GRT-,NTEE' s right to challenqc tnc,- tears
of nhis Aarunme"L and TKIc 8, QaMyr 36 uNder federal, Style Or
local law, or administraL ive ro.1 11 a Jon, as s u q h, laws and
I a n s e x i s n a s O1 t )P J a t � P Z� L'I t. r c>( 7 -s
by QTY,and GRANTEE. GRANTEE wa i ves L jvjveL, jf,q;y,,jjrho _o
Clam --C-ITY Or 01_2wrr
_01. nhe CITY gRANTEE Tay hay
updq, any ptior tranchise, ypntract, Hceppq ar, ppylit issued or
aranted nv anv qovernmental entity, Lnc.udinq any tight under thEF.-
Public Resources Cado
September 3, 1001 14
1, Formatted: Font: Courier New
Formatted: Justified, Indent: Left:
M3'
Deleted: (a) Payment for residential
services rendered during a particular
month is payable to the GRANTEE by
the twenty -fifth (25M) of the second
month of Me service pimiod.1
I Formatted: Font: Courier New
. Justified, Indent: Left:
Formatted,
113"
Deleted: (b) N payment is not
received by the last business day of
the second month, the GRANTEE will
utilize the following notification
procedure to apprise residential
customers of the final request for
i payment prior to termination of
service. A notice shall be mailed first
class, via the U.S. Postal Service, to
I the customer stating that service will
be discontinued If payment is not
received by the GRANTEE within
seven (" up from the Atis that the
customer notice was mailed. I
For commercial customers, if payment
0 not received by the last business
i day of the one month billing period, a
notice shall be mailed first class by
I GRANTEE, via the U.S. Postal
Service, to the customer stating that
service will be discontinued N payment
5 not awSH by the GRANTEE
within seven (7) days from the date
that the customer notice was mailed. 11
(8) Late Charge. A late charge
penalty of $5.00 may be charged to
delinquent accounts per month. Such
WW charge may not be assessed prior
to the mailing of any notice of
discontinuance of service. Upon
payment of the delinquent fees and
any late charge owed, Grantee shall
resume collection on the next
regularly scheduled collection day.1
- - -- _Section Break (Continuous)._ --
(9) CITY Notified. The GRANTEE
will notify the CITY, at least once per
month, h mmq regarding customers
who have been discontinued and of
persons within the Franchise Area
who are not subscribing for Solid
Waste collection services.1
J. CITYs Right to Change Sd—rgw
Formatted: Font: Courier New
1 Deleted: (a) a description of the
operational modifications that will be
required to implement the Change in
Scopa;j
(b) an estimate of the amount of all
Costs to be incurred by GRANF—j�j
SEC'TIC'id 6. FR.MjCHISE '%REA.
A. °r.anchi.sc: Area Pcfine.d.
(1) JIh:e_Franch_s _Area_�_rtir -Levi by this, Aklr.e_eme -:t shall
to all current and ne:a esidenti.al Premises within
the area identified in Exhibit "A" t0 this
Agreement This A(i ei-raen: also applies to all (-i_tv-
0arir2d 3[1C O <jrpaiIC a—edeyelo }".merit Agency -owned
Residenti_il Premises included in -,he Franchise Area
as defined in Exhibit "A"
(2) T r!:itory anne;: cl to -he Ci` -y not within the
servi :e. area of another sot.:).!; waste enter rise snal l
he ai °ed to r. he Fran hlse Area granted by phis
Aareemert nur=uant o Ci e Council resolution. CITY
shall riot adiust the Residential Rate in such
annexed territory before the rIe >:t arinual rate review
is c'sredL,10d. Custom,_rs in annexed area will be
c' locatod in a L•i_lnr':?r ccnsis -ert with the E:royis_ons
+lca.
SI "CI10N CIP`i'
A. Coc_peration with C;RA:d'PEE. CITY and GRANTEE shall
cooperate to ;.;erform nrograras required by th—'s Agreement and to
accomplish—successfully the goals of the Act. As directed by
CI ^Y, and subject to SECTION 8. GPAI•TE:, shall implement other
I:>roa ac,s as liste`ei in the L "'Y'V' SOlir''E: RP uct -on .end Recy .1i.r:g
Elenle:nt (SRPE„ an d Ilouse:IoI -d Ha.Iarcl:)u 'Vlaste =.Iement (K14.V7 ), as
t h? ;' it i ' to ariie.nde. "I From '.: 11'ie t: t l r.° L': CC m L I arCe l 1 `.:ll _Ile Act.
B. lnlll`h _ze Sol_:l : ^Jr ;te H,11le_";i P:lrinT the -err`.'
nt this Agreement except- ir, in t :nCeS or breach of =his
nreerr.ent, it emergencies, or as provide:i in Title 8, Chapter !6
the CITY will nGt iss'1c3 a perl:lit to any ot.,,er p @rsOrl or firm to
ccl_ect Solid Waste Cri(,in.atincj on C,r acc,jria;lated a- Re-sidential
'rcrn JS`�S, in he E'r :I,:.hse r +rea. PJc)rhinq in tl I o shall.
L) e :OrIS1 :r'UCCI tc. prol;ihiL. arty hi rd, c, arty i:arri or - .aa(Iinq ir)
eC)I.E?e:t:.ioIn c I a h I M -i}:er at', nS P. yc .ar)IF? Mat.e - La S art
e or-iTodLtie, r.:),.- S 1} to t ,is lgree -rent.
C. A ministrat -or; c•f tt:is Agreerer:t. Admfnist-ration
�f eac.n of the crovi.. ions this A Y_earr.ent cn the Part nt tt-:c
itv shall be vez --ed with the City Nar:ager .
Seplember 3, 2002 15
i
? Formatted: Font: Courier New
Deleted:
In addition to the information
described above, the GRANTEE may
also propose other modifications to
this Agreement that GRANTEE
ibelieves would be advisable or
I required to effectuate CITY'S directive.)
1, Formatted: Font: Courier New
Formatted: Body Text 2, Indent:
Left: 1"
Deleted: (3) CITY Review. CITY
shall review the proposal submitted by
the GRANTEE, and may by written
notice to the GRANTEE propose
changes or modifications to any part
of the proposal. The GRANTEE shall
respond in a t:mety manner to any
proposed modifications. Such
modifications may include revisions to
the cost elements of the GRANTEE's
iproposal.¶
.n
(4) Implementation. Upon agreement
by CITY and on the final proposal of
the GRANTEE, revised to reflect
i modifications proposed by CITY, CITY
j may direct, and the GRANTEE shall
undertake and complete, the
implementation of the Change in
Scope. The rates permitted to be
charged by the GRANTEE shall be
revised to the extent provided in the
final proposal, as accepted by CITY.1
n
(5) CITY'S Right to Undertake
Change of Scope. In the event the
GRANTEE and CITY are unable to
agree on revisions to the GRANTEE's
proposal relating to the
implementation of the Change in
Scope within a reasonable period of
j time after conducting good faith
negotiations with respect thereto,
CITY shall have the right itself to
undertake and complete the Change
in Scope. Such work may be
performed by CITY employees or
I CITY contractors. In the event CITY
j elects to proceed under this
j subsection, it shall provide notice of
its election to the GRANTEE together
with a description of the manner in
i which CITY intends to proceed with
the Change in Scope.¶
�A
SECTION 9. FRANCHISE
STANDARDS FOR COLLECTION
AND OPERATION.¶
'n
GRANTEE shall maintain vehicles
and equipment in accordance
Formatted: Font: Courier New
Formatted: Indent: First line: 2.5"
LECTION 8. GRANTEE'S OB--iGATIONS
�3 P , AN T E E s h . a _ ' I f Li rn i s'-1 S o I J d Was Le services to all
Res- ,1ential Service Recipients subzs,:fi.b.nq for Re.sident.ial Solid
cogs___ , U - .+_.t.011
d - —
I U - (,'Ll - a T I v
s �. e u e .:n 2: — W ..' , .
Franchise
Area
-is s 1. ,.11) ed
t. () G R A I'Tr,." F
R Ps i d e ri t i a 1 S..-) 1 i d Waste
col *section
sprijices
shall
t-.(- jr. acror,iarce
witrl t-he Code,
laws of the State
of California and
the County o-f Ventura, ai-.,d
C:
I C: I,, S S F.. _'v
tons- o--f,
any_ C tne r
Le_ ulat0 r bod or agency
having applicable
,SdiCtiorl.
A., Costs For Prenaratior, Of This Agreement. GRANTEE
sha" 1 reimburse CITY wLt]-dri thirty (30.1, days of receiving CITY's
1 rivr, i c e, for " i t. s Staff t. i me arid for City` s At to r-neys fees a rid
st-s and otLer oilt. of ;Dockelcosts_plus 15*, incurred as a restilt
of S!eyelorpinq --his A�j�_eemen::, in the -ot-ai amount of $5,000 For
1111is and anv o-her concl;rrent AcIreement I-,etweer, CITY and GRANTEE.
B I-: aq erren t / Adr[d n JL s t ra t _4 c, n G RAH T E E shall provide
the ri e c e s sa r v managemenli and a c i i n --' r. i s t r a v e personne' w1'lose
C'Xoertise will assl'7rc efficient c.l:teratiori of zhe services herein
s' c e C i f i, e d .
Deleted: A. Time For Collodion.
GRANTEE shall collect Solid Waste
within CITY in accordance with Title 8•
Chapter 36.1
Formatted: Font: Courier New
_matted: Justified
Deleted: B. Holiday Schedules.
Whenever a holiday falls upon a
regularly scheduled collection day, the
collections scheduled for that day, and
for the remainder of the week, may be
picked up one day later than
3cheduled.1
Formatted: Font: Courier New
Formatted: Justified
Deleted: C. Frequency Of
Collection. The GRANTEE shall
provide for not less than weekly
collection of Solid Waste
accumulated at a residence or
commercial premises contracting for
Collodion when Solid Waste is
prop" placed for collodion on the
day of collection.1
Formatted: Font: Courier New
(Formatted: Justified
September 3, 2002 16
t t I : e r I a 11 t S 0- -1 117 r_ C V
C c, t-olne rs
C. On.—GRANTi"I.: .9'nal 1. ass�fl i ndid ` Ci u a I
L 'D
Deleted: .....................
st,pervisp th(- r)P17:-orm--jr.ce of- t: }1P servi..-:es herel.n. s--ec.i fied,
-------
e-) f ;1
D. Entry. GRANTEE shall not unduly
enter upon any property beyond the
d,,irinrl ali hours of
the
extent necessary to coiled the Sol id
1,, 3 ness a,yj__ o make clecisic)ns arri coorrlina�ie with the CITY
as
Waste property placed for coliection.1
------- ---------
J, Lc
: 11 U�.)' I L. 11 e r i L V cot.r_
C:
I C: I,, S S F.. _'v
va I
Formatted: Font: Courier New
.r
be operated in a manner which results
in undue interference with normal
j,,,,,Formatted-. Justified
D. Subcont r actors. GRANTEE shall be directly
f Deleted: E. Traffic And Noise. The
spo isible for all. G.?AN-,E'E'S sut.conLractors
in
GRANTEE shall conduct operations
wit'h '.heir erf,)rmance GPA.*TT"_;'E1S
as
so as to offer the least possible
obstruction and inconvenience to
1:%:� ioe"i 11 N. t. t H B, C n e e s t.� r e 11 �i
a
public traffic or disruption to the peace
at-,p.j c:.d.)l P j�.rov,; s c,r:s )I, Agr eeriert are M"t.
d s t. r ni.i -, e r.,ta 1' i n - i s ts ";i t h
and quiet of the area within which
t, 1,.
. ..
acres , I r. d 'i del r :0 z� s e f c,-i o : hers. e r S The r i r, h t s ; i cc; o 2, ri e d
- __.. - — -
collections are made. All collections
C U
Ir. (. r S C: 1 J r S _1 � I r. C) s- s s 2 C, t i
shall be made as quietly as possible
';RAFTE7 s na I stric- tiv observe
�A r.
and shall conform to Moorpark
Municipal Code as it relates to noise.$
September 3, 2002 16
t t I : e r I a 11 t S 0- -1 117 r_ C V
C c, t-olne rs
i den
t� i fyiniq i r,.,i 1 c.-is t omerss- f) -1- t h'e �_olap�)s i t _or. or cc;r.t ent: S
Formatted: Font: Courier New
e-) f ;1
�_-1_1 t orre) r' S G 1 --',j W'-1 s � c. : }1a 1.1
no f- be r c.v ea I erl t- c, a., i per 30n,
Formatted; Justified
,I () -V C
r' T-. 1,1 C 111_ 0 ',1 C I X, 1"i
)an
r cit. aq (�., r i C y, c) r qjLL�� "
Deleted: F. Operation of Collection
J r:1 .6
J, Lc
: 11 U�.)' I L. 11 e r i L V cot.r_
f or �.ipon
I& I)v s,.atu!_e,
Vehicles. Collection vehicles shall not
va I
d a ki 1: h,,) r i T. ion h" -�jst_n6�r.
scat no;::
be operated in a manner which results
in undue interference with normal
C:ons
t r)" Pd t") C rare
p r 'F... a r P.a I
r n�U
traffic flow and loaded Solid
s s s t i n,,i in the. v, r e -,)a r a t r. of
(7. h a r ra C t 4:? r z a t. or. s t tic i F-S
Formatted: Font: Courier New
o r ...,as:ie streaiv, arifal'-ses
i.)e to corrn'v .,,it:h AD
7 -- - ----
Formatted: Justified
.5 9.
G 7� A N 7 E 17" s 11 e� I. c, mar t r; r
d s t. r ni.i -, e r.,ta 1' i n - i s ts ";i t h
(
t, 1,.
. ..
acres , I r. d 'i del r :0 z� s e f c,-i o : hers. e r S The r i r, h t s ; i cc; o 2, ri e d
- __.. - — -
. Deleted: G. GRANTEE Liable To
I —
; Clean Debris. GRANTEE_!�a�
Q7
C U
Ir. (. r S C: 1 J r S _1 � I r. C) s- s s 2 C, t i
o,. �, S', i a e. in iA i( ;:'1 t -) a n y
Formatted —WA,
September 3, 2002 16
other. privacy right accorded cust(?:ners pursuant tc Federal or
'Formatted: ormatted: Font: Courier New
Staze. law.,
Justified
F. Office for I nq u i r i and Complaints. GRANTEE
ina in r. a i ri s o f i;--- e lours f _r o rL 13:00 a.m. to 4:00 ni on all
. . ....... . . .
ca I . ec-L ion days, e Xc ild S i t- i i r-1--i and S u rid a y anti CITY a p proved
holidays. GRANTEE- shall maintain an -,:o f f ' c e at some fired
location easil a - c e s s i b I e f rom CITY a n d shall ma i n t a in a
telephone ri-urribe--, listed in thie telephone directory in the firm
name by which it conducts business in and shall during the
above referenced days and office hours have an employee at said
office t o a r. s w e r i r i q u -4 1, i e s , r ec e 1 v e crimp I ints, and provide
-irf.orma.t.i,21', about. --eside-itial t:--ollecti -r-n and recycling services
and programs. -----"'he telfphe�-rie number' s`Lall be a toll-free number
f ion_ ail
'rtior.s of the_ ('1"Y .--------RANTEE shall r. r2v�e an
answerina service to re rive com 1.1 ai nt's at all other tinies and an
ftT,E�nlen•,; telephone r.•..imber that GRAN--EE can be reached at 24
h(-;i-irs a d oE (SRANTEE shall be available durl
- - - -- a�y ..An- --Ii2
off-ce hours to ccr-ciunicate. with the City Manaq(�r and the public
i r., persor and key telephone. A 24 -hour i rrine d i a t e response
emer-qt7'ricy riuil-.her r(Lust be glade zi%railLL-lc to the City Manager.
G . , S c: r - - i Corip I a i n r S , C i F; I a iL r. t. Log a r i d C e., in p I a i r. t
Reimbl-rserient.
----------- ----------- - - -- GRANTEE -2pnerai. shall Le responsible for the
proit,p� F, n d cc; '11 r t: e o u s a �. t e ri ' i c. n a -I d reasonable
rcsol-ition of all cu tomes complaints by the end of
the next business diay, provided, however, that if
talc' CO-CLOlLiPit is (),f am-nai-ure that cannot be resolved
24 ho:i-s, G-PFANJTH. shall resol e i: i c I ai
i Deleted: H. Position Of Containers.
The GRANTEE shall return all
residential containers in an upright
position to the approximate location
where found properly placed per Title
8, Chapter 36, and without any
unnecessary noise or wear and tear
or damage to such containers.
Containers shall not be deposited in
the roadway, street, or blocking the
sidewalk or driveways or on adjoining
property, in compliance with Title 8,
Chapter 36. GRANTEE shag notify
residential customer of the proper
placement and position of containers
when a residential customer places a
container In an inappropriate location,
and in such case GRANTEE shall
return the container to the proper
location. Notification may include the
use of stickers or tags to be placed on
a container. The GRANTEE shall
reimburse the customer for any
damage caused to customer-owned
containers by the GRANTEE beyond
the usual and ordinary wear and tear.1
Formatted: Font: Courier New
Formatted: Justified
Deleted:---------- -----------
I. Street Closures. The City Manager
or his/her designee may order
temporary modifications of collection
routes as may be necessary due to
street construction, maintenance, or
an emergency. GRANTEE shall
perform in accordance with such
orders in a manner not to interfere
with or materially disrupt the regular
collection.1
- -- -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - -- Fo
(2) !'a: it.-, re t.. C,'-) 1 L 1. a CO Mr.) !I L i r. V o e s-' -i Formatted: Font: Courier New
t Formatted: Justified
C.- t sc!!� -1 Was:,e f ror-1 a Res iopnr-iai
e r i r r, % ) n a s'-neauied c I I e c t i . )n cd,,a t- te Deleted: J. Subcontract For
when a f-, t e had Leen properly and timely Collection. Nothing contained in this
5 1 c h Sz I d W
Agreement shall prevent GRANTEE
r.) ro1 Collection, � C, c t t - Y: e from subcontracting for the collection
S ltd Waste ri quosi ici-, L. y t I i e r i d, of lv next %0 1 of Solid Waste within the Fra
J If !CSS day , f t S r. C'. i. r) t o iior i ce, f rpm a Formatted: Font: Courier New
Or' th(� Ci.' -Y provide.
;.f' this
g,eemert., S, s ar;l 1 9 ext-ept.pa, ov: ded
.. ... ... ---- y.
. t�eei, le-ivcre,,1 rc;r coiie-ctio.q ir. ac-cordance
(3) ',1 TY P, (, v A c.,— s �o rr. e r dissatisfied with
G '. A:T--E E I c c. i s i o i * L r (� o., t r * 11 r i 'i a c. o i i i r a i n -- may ask t I -.- e
September 3, 2002 17
`.1 Formatted: Justified
Deleted: K. Disposal Site. CITY, at
its sole option, shall retain the right to
direct which landfiU, transform( -.:-.
Formatted* Font: Courier New
Formatted: Justified, Indent: First
line: 2.5"
Deleted: SECTION 10, PLANNING
C TTY to r0v ew the co.[',Iplairit. To obtain this
rcview, the. customer m1 :,s- reaues" CITY review within
30 day of receipt. of l"ANTEAE'Swri Uen response to
collool-aint, or wil,iIin ",-.5 days of subtrAtting the
-o 'f GRANTEE ha3 -iol:
RANTE-'E responded.
s r P.sr*,,D ris P crm lai.ni: by a customer
s`tal] include 'e of the -ti t2 seek review
-------- __ __
by
the ITY limit for sttk review.
C end t-he time
in extend the time
Ine CITY its sole discretion may c
to f e q,-i e, s t its review `_or good cause. B e f (.) r e
reviewing the coirplaint, the City Manager shall
refer it -to. GRANTEE. If GRANTEE fails to cure the
complal:t:i: within Geri (10' days after- notification by
C]TTY, the City Maria.-,3er shall. review the customer's
c Omc) I a i n1: 3:1d de t.e rr-, ' lie i f t11_'ther act i on is
warm ,ted. nie MAnaq r mav re,juest written
stateatents from CPANTE-;--' and c:,.istomer and/or oral
Dresentations.
(4) ;Customer- Ccintact Logs. To enhance the levels of
se,rvice, GRANTEE Srlall implement amnd maintain a
a,: L i n which a I I omplaint-s
L c
re-c-cived by riall, 1)y ele phane, ill [)erSO shall.
to 1rli shal 1 (ntain f-he rt:,t-e the
a i Pt, I e .o rid lairian'-',,3 name, --icid ress
tellepnone numl-,er, trie nature of the corrp_:aint, the
ri t t, the problem o c u r red, he ac- on taken in
res-,onsc- to the coriplairit, and tale date such action
Was taken. '_he co,-iiplaint log[ shall be recorded in a
format approved by the CITY. Complaints at the same
se rvi :-_-e acid rc s s '.hat 1r v; L thin fo,,. r t+ e e, n
Formatted: Font: Courier New
Formatted: Justified
Deleted: Fees may be unilaterally
imposed by CITY on GRANTEE for
any and all Solid Waste management
plans that the CITY may be required
by law to prepare, implement, and
administer. The GRANTEE shall pay
such fees to CITY, as a pass- through,
upon written notification by CITY to
the GRANTEE.1
Formatted: Font: Courier New
Formatted: Justified
Deleted: SECTION 11. REPORTS
AND RECORDS REQUIREMENTS.1
Formatted: Font: Courier New
Formatted: Justified
shall L)c flag(jed
with ail
as*_c_r.;sk.
pattern 0, f Comp i & _` r. t s app, C, E: I S the
-_ TY i I notify GRANTEE of
----------------
---- ---------------
-ay- rk�yie*w
t lifto S(.� that the issue:3
-- -- - -- -- ------------------
t_om,� r
conta,.-A_ 's
:--ea--Ardinc,
tne_
t h
and resol,Aion
_,-,t complaints
as well as
a com,;a-at4ve
GRANTEE may be required to submit
EE CRANT ciis-tcmer
conzacr lo
wi tn the
com laints re�i-eived
c.irec-tl
-- . ---- ----
I-) tne =Y
In the event
Formatted: Font: Courier New
Formatted: Justified
Deleted: Fees may be unilaterally
imposed by CITY on GRANTEE for
any and all Solid Waste management
plans that the CITY may be required
by law to prepare, implement, and
administer. The GRANTEE shall pay
such fees to CITY, as a pass- through,
upon written notification by CITY to
the GRANTEE.1
Formatted: Font: Courier New
Formatted: Justified
Deleted: SECTION 11. REPORTS
AND RECORDS REQUIREMENTS.1
Formatted: Font: Courier New
Formatted: Justified
V ly_
A Formatted: Justified, Outline
numbered + Level: 3 + Numbering
H. , Corcp_air,�: Peirc.h-.ir9emen-_ n the event that -,P.AHTE-E_ Style: A, B, C, ... + Start at: I +
does not resolvr• a t2onplaint and 7h-C customer contacts the CITY
Alignment*. Left + Aligned at: I" +
Tor ievic-w, GRANTE;_;' _gall reimburse the
CITY for all reasonable I Tabafter: 1.25"+Indentat: 0",
Tabs: 1.25", List tab
September 3, 2002 1 8
1 Deleted: GRANTEE shall be
pattern 0, f Comp i & _` r. t s app, C, E: I S the
-_ TY i I notify GRANTEE of
required to keep records and prepare
fte c.oricerns a'- t`ie
t lifto S(.� that the issue:3
Carl
I and submit reports to CITY in
U C, r C, I V e d 1he C1_�*_Cj11:Qr 11::
0 - I lf;;�i y U 0. 11 t. I, i z ed t� V
t h
i compliance with CITY reporting
requirements. Additionally,
C I Y a.5 Part o f 1: 1 , e t� a S j. S (,c, r r(..V1e
r...3 C US L (-An e r m p a i n -_ s
an
GRANTEE may be required to submit
NT I-', F. ' s p, P r o r n n e :ns pa,-r t c) a ri
a ri �1 tia I re", i :�w r, a oid i. i-
on
verification of reported information.
. ..... ..
All reports and records required shall
ma maj nLa i i CfTY
0 C,,. 0
be fumished at the sole expense of
1« 1`1 f-TTV
GRANTEE.
V ly_
A Formatted: Justified, Outline
numbered + Level: 3 + Numbering
H. , Corcp_air,�: Peirc.h-.ir9emen-_ n the event that -,P.AHTE-E_ Style: A, B, C, ... + Start at: I +
does not resolvr• a t2onplaint and 7h-C customer contacts the CITY
Alignment*. Left + Aligned at: I" +
Tor ievic-w, GRANTE;_;' _gall reimburse the
CITY for all reasonable I Tabafter: 1.25"+Indentat: 0",
Tabs: 1.25", List tab
September 3, 2002 1 8
cc; F.S t: S' i ric I u.-Ji nq reasonable at t cr neys fees and costs,
reasonable consuir-ants, fees and costs and city staff time it tht&_
ac;ainst G?AM7F1'E. 71rie CITY shall invoice
0 P A N'r E. E f c) r such c: c, s t: s , i n • -4 i c a t i n <3 the name and address of the
CL'S!..OTPe1:, naturc-.- of o_ spent, hourl.y- rates
for Jr.volved, and mi*_ -eri--ils re'�-.,ui.red .c., resolve the
C.'.()Mpj_a i rit Pavii.ent: tc- i. he C LT Y sha l I bA made within 30 days of
receipt_(-.t in,ioice. Formatted: Font: Courier New
Formatted: Justified
1 jRe -lied i e S . The City Marager shall determine What Deleted: The GRANTEE shall
r erriedv, if any, _shall be imposed. The remedy under cooperate with and provide all
this subsection shall be limited to a rebate of Information requested by CITY or any
C 'J S t0:11 0 17 C 1) a L CI 0 S Y. el a t o.' d to tr, e p e r L od o f b r e ac h o f consultant or firm employed by CITY
in connection with the preparation and
-any of thr terrru� cf tf-,.is P'iareirn,,,,erit and/or levy of I implementation of waste
lj_,_jj� i.,iatea d a ma q e s o f u p to $ 1 for --, r I y s in q I e characterization studies or updated
i Source Reduction and Recycling
evF_InL or serl-es of related events. The decision of Element (SRRE) arW Household
the CitV Mariaqer shall be final on any matter under Hazardous Waste Element (HHWE).j
Five Thousand Dollars El , 000.0,',') . In the event of
a decis-ior, or, a :natter of Five T ho -1 s and Dollars
0 0 or r-Lo ri2,
'kAN.TEE rr. a y seek re-view by the
1* t v 1.: n c i 1 , by (iliac_, a Request for R c v i ew h_%/
C.*.ty 10 wr.-U.nq days of rece;•L of
ti,c: _A V a e
dc-1 o I I
•------ -- - - - - --
(2) y Ui spu t:.'_. Er, t- h e e,., e, ri I: o f a -d iA spij Le
betwv - en G:AN-EE Ln-d iA c--istcmer as to, the uariti!:y rr .
s3iid Waste t h;A t .3 11 c h u s r (:;me r n a -.3 1 a c e d for
col 1--_ct ion, he City Fanaclor shall in,✓estiqate and
make a dcterminaiion aril shall be
b 1' r ic i (T on 1 G T< A', I r _7F E
(3) Damactc. A-.y darraged bey ,ndl tJ.e
u 11 a t a r rd i lacy a r arid E--. a r b (kl,�NT S h a *_ 1
.. .... .... .... -he
ro rr.-,,:. I ePa; r er..' ar!e'a a GI N EU:' s so 1 P
I. _,.- t C, -i i e r : r: r -) _- rt a -,: i ' ; I-, .
1 J,:c - i t i ca t ion Froceduras. GRANTEE, at the ti-me it
h::(i find col I -.' z-.: t i On s c r%; :, c c l,a -3 1 `S .i d e r, t. : :j I sic rV i , *.,. .:.,.
r. t. S�)' u r : i c c h -,j �; t um--' Y' rlei t i' n
I - 3 Z�: for S o i d W.i,3 t. e ,
e c., r e -1 r F,�
k e. c 17'3, n d Y a r -1 Tr i mii i i r ici is I ect_:or The
in.3r1:�_ictions snail 1-.)E- in a -torrr an manner npprcved
1)y -he.. Ii -'. v a n1 3 1-i a i L-; c- .ire p a r e d jirita pro-, derl at
6CRAa-7EL, F) experl-5e E s h a I i-7--so pro--.,icle to
e,tch in a fcrm and manne_- ar)Y)rf-),7cd ',:,%' tLe
City-,
RANTEE expense, r L ('I. t 1;iT:er than t c.e
September 3, 2002 19
I Formatted: Font: Courier New
Formatted: Justified, Indent: First
line: 0'
Deleted: .....................
CITY may also conduct inspections of
the State Vehicle Certification, vehicle
identification information, truck
inventory, methods utilized to contain
Solid Waste in trucks that are
traveling on streets, highways, or
freeways, and information reported by
the GRANTEE in the annual report.1
J Formatted: Font: Courier New
Formatted: Justified, Indent: First
I line: 1"
Deleted: SECTION 12.
PERFORMANCE REVIEWS
i Formatted: Font: Courier Newer
Formatted: Justified
• Deleted: CITY may conduct an
annual review in order to evaluate the
level and quality of services provided
by the GRANTEE. I
Formatted: Font: Courier New
Formatted: Justified
Deleted: A. CITY, in its sole
discretion, may hold a hearing to
review the GRANTEE'S performance
and quality of service. The reports
required by this Agreement regarding
customer complaints and any other
information determined by CITY shall
be utilized as the basis for review.1
SeCOQ Aorday of January of each year, information
Hour Schedule.
regarding the senior citizen are and discount rate,
Formatted: Font: Courier New
CFO rmatted: )ustified, indent:
collection rules Eor Solid Waste, Recycling, and
with written
'lard F_.i7(uldnzjs, holiday collection policy and dates
the time
Of the upcoming year, and the rules contained in
service is started, of the regular business
Lnis Auireemen t wAght of
j Deleted: SECTION 13. SYSTEM
composKian and jypjage,2f Solid Waste,
th( PrOCedures
Reyyqlable - Solid _Waste, _;;q_Yard Trimmings, location
for
of contalgars.W.HVIPP, _and times c -f cciiection.
GRAl1' ;E a-� t: i rn�-� s C,
i-he r th a r. requ 1 a r
d Formatted: Font: Courier New
(2) yhanqe in Collection Routes. CRANTEE shall
`1 1 Formatted: Justified
provide. 30 days notice to the City Manager of any
-
change in collection routes. GRANTEE, at its own
Deleted: B. It directed Q the City
Council, within thirty (30) days after
expense unless otherwise specified by the CITY, by
the conclusion of the hearing, CITY
written notice forwarded thp2p1h the Unj ted States
shall issue a report with respect to the
_serVlCe, sh a I 1_
adequacy of performance and quality
of service. If any noncompliance with
notiSy_ each customer of aKA chanrle in collection
this Agreement is found, CITY may
routes and the day o; d,� , -f the week on which
-
-haste
direct GRAMME to correct he
Inadequacies, pursuant to this
�_Agreement.
Solid shall be chlected. The nc),�ice shall
carctain the day or days of the week upon which
collections will be made, the. name, address, and
telephon". number of GRAN*TEE, and other information
deemed necessary by the CITY. Said notice shall be
pToyined to all afEe-Le,,' custmeis not Less than
f 0 u r L ef ri( _1 j i S Lhe chance Gf co .1ection
d � _pF i or L 0--_
hule.
T ed
(3) Yffice
Hour Schedule.
GRANTEE shall also notify
Formatted: Font: Courier New
CFO rmatted: )ustified, indent:
customers
with written
notification, at
the time
First
Me: 0% We spdM: single
service is started, of the regular business
hours as
j Deleted: SECTION 13. SYSTEM
well a9
th( PrOCedures
for leaving mcssag,�.,
for
AND SERVICES REVIEW,
GRAl1' ;E a-� t: i rn�-� s C,
i-he r th a r. requ 1 a r
bus Lness
I
hours
! To provide for technological,
.
t economic, and _regulatory changes in
(4) Halidav Schedule. GRANTEE shall 2rovide customers
W&P-n-otification o;jo1jdaK,scjI l a i�
.�� L _s
AR-more San- in (1) days ur-,,,)r tc each holiday
by placing a paid advertisement, in one daily
newspaper scrvin•j rice C:TY. GRANTEE shall also
PrOvidC ±WlLrda"Y SCMMU MorMaLion on the _as L.
bi I lIng UaIIOMent nreCe(ij_r�� hal �day. The CITY
slalL n da
e_jqq;V) ky, nuL A! ed reqanHnq all ho] 1 _y
REQUINS
76
1 0 1 W a0n - Tear.
When any Residential-'.,'
:M.ANTEE, for reasons
shall leave a taq at
(!) Solid Waste 11ot Colie=ed.
Solid Wasm i£ not collected
ocher gran nonpayment, ORANTEE
September 3, 2002 20
i Formatted: Body Text 2, We
spacing: single, Outline numbered +
Level: 4 + Numbering Style: 1, 2, 3,
. + Start at: 1 + Alignment: Left +
Aligned at: 1" + Tab after: 1.25" +
Indent at: 1.25"
Deleted; collection, transportation,
disposal, and recycling, and to
achieve a continuing, advanced Solid
Waste collection and recycling
system, the following system and
services mom procedures are
hereby established:
Formatted: Font: Courier New
least 3-t_" :� 6 3/4" in size stating the reasons for
I -- - - - -- --.- --- - - -- -- - -
its ri,2,friisal tc or,)Ilect the Residtantial Solid Waste,
I Formatted: Font: Courier New
pro,, . iding - i�eference `o '.'Ji--1e 8, Chapter 36 or This
Deleted: I
A. At CllYs sole option, CITY
Aqi:ee.,riert arid the roasw-, for, the refusal. The t ag
j may hold a meeting(s), at which the
sh a provide GRA N'I'Z'l F, S ib 11 s J- r, e s s n a m--' a n dJ te 10 h o re
j GRANTEE shall be present and shall
participate, to review the Solid Waste
r, urn m r, r ani s h a I be s e ;:: u r el v f a S',: e th�,
. .... .. ...... ..
collection system and services. At
-rita"'ner or to t.he refused. S!uch tl!iq shall
CITYs sole discretion, 9 my conduct
be_prt.Ezed and -.istrib-,ited at GRANTEE's ezuense.
any system and services review
------
concurrently with any review of
performance and quality of service as
(6) Fnilling Fees for servic-e, be al; se.t. forth in
i provided for in Section 12, above.
-shall
Topics for discussion and review at
Exhibit "G"
the system and services review
meeting shall include, but not be
- -s limited to. services provided, feasibility A,T- E F, shall b e r e p cr s i ) 1 o r a i re ct I Y
of providing now services, application
I R e S i d e r7 t i a I S e_ 'j i c, e R e C i P i -2 ri t S of now technologies and state -of -the-
7 h b j I I r. cl statement s h a I I be ma i i e rt d a equipment, rights of privacy,
amendments to the Agreement,
bimorj*-h11 -a ri inc I lj,-.Ie a return Privelo . e_ Th e developments in the law, and new
initial bill 4 ng___sta-�ement shall -be mailed by activities for meeting or exceeding the
ACr3 goals and regulatory constraints.
the fir---;' d u the first service month of CITY and the GRANTEE may each
the bimorithly p,�,riod, indicatinq a due date -led additional topics for discussion
t h t W e:-i �.i r -- h (2 5) day of the second t any systems and services review
i mo. -vicf hearing Sixty (60) days after
rionth of the b nthly ser -, period. Any receiving notice from CITY,
pa,,,-me n t f ci: 4 +h i s e ry i. ce 1S n r� t 1) rov i ded GRANTEE shall submit a report to
CLISt(.):11C!V MCY )U:: ,3hall be refl-lnd!�d to t h CITY indicating the following:1
(.-,! a C) rat: t. r-) as i S when �Ll
i S t: eMe 1, Formatted: Font: Courier New
-A F] sha I I
:P P.. Formatted: Justified, Line spacing:
r r-iu r. r,., i c e
t�e en-,itled to rcover the amcnint of c-,harries single
rr,�ir -,hc- cn-s-.orr.i�.-r for servic-es renaered tinder ----------------
. ..... .. .. (1) All Solid Waste collection,
t :1 i s Aq r eo- ne r-, t b civil act ior, GRANTEE transportation, disposal, and recycling
Shall 1: f:, " i d e. itemized bi 11 s, distinctly services reported in significant
snowi n(I - h a r C, f !) r all CI a 4, 3 i f ic.a t i -- 1-1 S c f industry trade journals that are being
coffirrionty, provided on an operational
servi ces, ir,caud i ng t I i e c h a r- g es for 'Late basis, excluding tests and
r,,, f661
E:a'y'm ',t L 1 1 not: S Q
),-t t.. r7 of r s b nq
t: o re 1; r an r se Fa e r rr s n a 1.
'n e Fee sho,,jn as a f 4ij�kp "Ver-,
C -I —I t: C me 1 s7 GRAN-EE sha.1 make
t ,r7 s 7. k t a 1 t- e r na r i ve -,,,men r. p I a r. s
u C, -r. i'rc., as not-�ded.
b. B, . Iiinq F!.)zmEt — GRANTEE shall use a
Subj(--(:t- --C) ap'-'roval
1:)y t-11(' r.'7 Y W i t. 'h II-, on P_ Y a U u
o till) s Ag e ern e r.
n, I n ml.m, irc, i d P a
rt-,. t. u, r ri e o,;.' f- n r p a yr) E- r. L h P hr 1= r;]
a e: n e I-, MU S 7. be able to a c., c rra r, c oa t e
I ::: e i: er-1 t'''aper T(LeS E.- .3 a t e a s r e a r- d
.. .. ..... . .... ..
September 3, 1001 21
Formatted: Font: Courier New
Formatted: Body Text 2, Indent:
Left : I", Line spacing: single
Deleted. (2) Changes
recommended to improve CITY.
�N
r 'A'
ability to meet the goals of
"Formatted: Font: CG Times
Formatted: Line spacing: single
Deleted: (3) Any specific plans
for provision of such new or changed
services by the GRANTEE. or
Formatted: Justified, Line spacing:
single
Formatted: Font: Courier New
Formatted f-6 9-1
Deleted: . Not later than sixty (60)
days after the conclusion of each
system and service review m
one-half inches
by eight and one-half inches.
i
in a dd -4 t i G.-I,
GRANTEE' s billing staterriert
11 Formatted: Font: Courier New
zi hall
f :1 i
Formatted: Justified, Indent: First
gave S r.:,
&.C: e S 13 f C e n L for Ci "Y' S
line: 2" Line
rni s a e s to to
intPd on the This
spacing: single
t--'i 1 1, i.ng
Space be a t. least four
Deleted: SECTION 14. FRANCHiS
AREA _ CoMpENSA TIO
n (- s a r, ,I be
ca a L O !. C' I n 17� L. nj A I -7:
j
j fifteenth (1 5th) day of the following
__p
of te\t.
Formatted: Font: Courier New
fifteenth (15th) day fall on a Saturday,
residential Solid Waste, toile=,
.. 71
Formatted: Justified, Indent: First
(7) '-'U S t Or-LO r- Te rmi na- ion for N c. n pa,�rm(L- P. t G P. A 1, 1 T E E may
preceding Friday. Should the fifteenth
(15th) day fall on a Sunday, payment
I !ne: 2", Line spacing: single
c I i i nrT HPssaqes. Up 7io f ou r times per
-,he that_
calend'ar Year,
and at P.O
o cost to the City,
Deleted: A. Annual Rate And
Service Charges Review. All of the
GRANTEE shall
insert a n -y message insert
rates and charges established In this
provided b V t h. e
City into all bills sent to
Agreement between CITY and the
nezr. -non-zh.
Formatted: Font: Courier New
GRANTEES shall be reviewed and
C',16 t. rile r S Ci
!: y w i 11 p rcvi de one came r a-
I considered by the City Council, as
ready master cc)py of the j.nsert G RJA WP EF
Provided for in Exhibit H.1
w I L o r 4 n the
ty messacle 4 n s e r t s at its
Formatted: Font: Courier New
CW11 expense. In
addit.ion, GRANTEE wil� -,rint
Formatted: lustified, Indent: First
a no cn a rqe
a nv In e ss a qe s that the Cit
,;dine: OVI Line spacing: single
requests be _pjinted in the bi. lift gstatement
Deleted: B. Franchise Fee. In
in,,ssage space rt�quired by this Agreeiuent.
consideration for an exclusive
Agreement, GRANTEE shall pay to
rig s e c o.-i d
CITY a franchise fee as provided in
d. CITY, a- CITY' S --i1c. Optic)n, upon d;lys
Title 8. Chapter 36. GRANTEE shall
r ti C C ;PANTF'r;, inay elect_ bill
also submt A8939 fees. as
described in Exhibit -1"
rr-Sj d(2n t S o r J e r i t i a 1. So I i d Wal
and itemized in
Exhibt G. Te provisions set foh
I ect i �--,n f Ir C', 11' y .(7 t� S + C, C, 0 So
below for Franchise Fees shal a
I also
1) F 1) e F o I d 47 as t: P- C e C L r a r e s
..........
apply to AB 939 fees. All fees shall be
payable by GRANTEE to CITY, on a
psi l t o G RAE 7:' TE hat i s a'lribiitable to
monthly basis, no later than the
I:) nrT 'o i: ser x.,ices shall b tz,� assiqned to
j fifteenth (1 5th) day of the following
__p
I month by 12:00 p.m. Should the
C'-- TY.
fifteenth (15th) day fall on a Saturday,
residential Solid Waste, toile=,
.. 71
payment shall be due by the
(7) '-'U S t Or-LO r- Te rmi na- ion for N c. n pa,�rm(L- P. t G P. A 1, 1 T E E may
preceding Friday. Should the fifteenth
(15th) day fall on a Sunday, payment
d-*.s,.-.-D.-,t- serv,': as salt �or'h in th:* s paragraph.
shall be due on the following Monday.
-,he that_
Should the fifteenth (15th) day fall on
s e vice r -;iil.
a holiday, payment shall be due an
a �,-.i f - r I Ps t-. ri i, i a 1 S E,� 17 Vi C e S rende-red
the day preceding the holiday. Should
-1 - - - - - - - - - - - - - - - - - - - --- - - ----- - - --- - -
d] - J. r.3 :i - 'north S t'. 0
the fifteenth (I 5th) day fall on a
-pa-'Iable
. .. � 1 .11, - . -f — -
L bv 7 he n r v- t i r t 27'h 1 0f t- 17 e
Monday holiday, payment shall be due
on Tuesday. I
nezr. -non-zh.
Formatted: Font: Courier New
b. zz
r�-,cc- i %, e
•
'r; y t i e a s t
Formatted: Justified, Line spacing:
single
0 lc
rig s e c o.-i d
:nor. - 11, :3 RA N T E E
1,; e
ow ir, :3
[I-,)t i , ica. ion
Deleted: (1) Residential. In
consideration of the granting of a
-a F), r P '�l S � d ell L. i -a I 0 r. V
franchise which provides for CITY
.- i- r. rfA
s 1. o r a ym e r L
contract administration and the use of
__p
i CITY rights-of-way for the operation of
Y i o r t.o '.Prra; n t o r, o s;�� , v J,
residential Solid Waste, toile=,
.. 71
rt,a I e
tirst ciasz,
%r i a lie U.So
Formatted: Font: Courier New
P'-'s a F, e - -" i c-e ,
-1 7
-,he that_
, j
.. . ' ; Formatted: Justified, Une spacing:
s e vice r -;iil.
pi y.T 10. r. t. is
single
zece, Ly___GPANTEE
within
(7) :lays
Deleted:
(2) Commercial. In consideration of
`the granting of a franchise wh
September 3, 2002 22
frarr. the J--ite *_hat t he customer I -i c. t i c. e was
Formatted: Font: Courier New
Ina i 1 ed
Formatted: Justified, Indent: First
line: 0.5", Line spacing: single
I a r ate e :: : t i.a r q penalty of S1 00 may
be c.har•ier,4 to d'A`riqucrit. accuurLs .,er rcixtth -I I I (.-- I I
Deleted: (3) Special Wastes. in
consideration of the granting of a
he e sses.ied pr i r,- r- 1.o t. fie Ilia i
franchise which provides for CITY
a ri- riot i e. of .9(-,-)r rit., ance .) I se,�. vJ ce [Jr�,-�rl
contract administration and the use of
CITY rights-of-way for the operation of
I? -Alt t. o f the h P d iFwo 11 le r, fees and anv.-li=ce charge
I special waste collection,
--
owed, CRANTEE sn a 1 1 re. ime c e c t i c ) n on t - -I e next
I transportation, disposal, and recycling
.r e q u 1 a, 2: 1 y e rd u e d (-- c, 11 o c. t Or. day
services and roll-off drop box services
(as listed in Exhibit F), GRANTEE
shall pay to CITY a Franchise Fee of
notify t�jp -T� sixteen (16%) percent of gross
(9) CITY �Iotiried. GRANTEE revenues, excluding landfill share of
least. Orice per in.,rlt n in w r l t .; rL r e y d r I-.. ct the roll-off drop box accounts.1
P. ie S i J I I t i a I Service c- c i. p 1 e nt s wtto have been Formatted: Font: Courier New
d -L S r:,.) t-. i n ll e d a ri,.J o " p e. - s c; n s- w i t 7, i n t he Fr a nc.Iii s P Formatted: Justified, Indent: First
Area who ire si.b�;c r i 1.) n for Resider,*.-ial Solid
line: 1.5", Line spacing: sing le
Waste col 'ec--ion services.
-- ------- --- ------- - ----- Deleted: (4) Franchise
JFees not received by
i . ; TY P. i ri h t t . Change Scope 0 f Formatted: Font: Courier New
Deleted: by 12:00 p.m. on the
*1 c.:i or a! S' b j e c t --- c o r ov S- C, r. s Of this fifteenth (I 5th) day of the following
IT" . shal I 1-.ave �:Le right to direct -ibsect i,-)- th4�-. C month shall be subject to interest and
a late fee of five hundred dollars
($500). terest rate shall be two
GRAN-:',E to undr�r*-ak-e t op The in
,-f o,-eratj oi-Is cniit.emol at,�-J by 1-1-lis Acjree-neat. �S U C h percent (2%) above the average of
-7- the most recent prWm rates of the
n g f- s may i ncl jde, b u, al e r. a I i -n! t. ed 1:1, the nt
three largest banks headquartered in
r California as published in the Wall
irTi lemel-jt�,I:ion of a a -,-11 1 o r, a iz� r c) q r a ins des Tned t o
i n c r ea s e w �-,j s , t' d v P I: r i r. r, i n h e CI -7 Y r the Street Journal (Western Edition) or
similar publication, but not to exceed
a U t cri -a t i 0 rl of all or a Kortiori of the CC". le�ZiCn twelve percent (12%) per annum.
s e - v i -- e s p r o v i d e d by U, R P-. E. T E --- }Jere lnder . In the Interest shall be calculated fr
event ti=e ICITY directs GR-ANTEE to implement such a Formatted
is ... L741
cn a n,j e r u v i s: oils c; f this stibseci r shall
Courier New ,Formatted: Font:
p.1 Y Formatted: Justified, Line spacing:
- - - - - - - -- - - - - - - - - - - - - -- - - - - - - - - - -- - - - - - - - - - - - - - - - - single
(2) -1- F, -iqe c, f ri t. he evtF�.rif: C, TY e 1eC- S I-
-y-' Formatted
d-' '7RAKTF7�' tc -,nae-tak,�z a chanale,--I-n the -Ccpe of
Deleted:. Acceptance Of Payment -
opera--ions, inclildirl�3 i7-11t . n--t i i Mi t ed to rle�q or
No Release. No acceptance
Inc r s e. d recyc 1. 1 nq pr("qrclrns, t rranne r ard
f Formatted: Font: Courier New
, e r 4 ;11 S
l:(j�CLICnc%, r�; r r lie -isc- of a II: -
r (' c ov F r V or d-`& roc sal faci 1 i--y diiirected by I Deleted: any payment shall be
construed as a release or as r761
t. le t - }' i I Cope C ` T Y La I I q i.V.?
I Formatted: Font: Courier New
la 1.1. ..........
_;R.:`\N E wr L Le! I Ilur i Ll I C- r o f- GRANTEF S. I
.4 r °r• Dro i S � I t i L i r. CPS S 'I S e t' -I- - L h e,
------ --- - --- - - -1 - . . ..... --------
riot ce fll Lr Ilays of rie el Of
c h 1-: ol ice t rom (71 J-�- L 3i_: r) r:2t�'- per --- ocl al_
a e e to ny CITY as he reasonaibiv necessary to
prepare the proncosal, if s lich nrocosal Cannot
r : :I s !-)o p r c pa r r? -i -v; h - r 1 J0 drys) The
pro:,O-sal shat -1 :on --lain de =al -rid inforina-tion reia--ir.,q
September 3, 2002 23
Formatted: lustified, Line spacing:
single
Deleted:.------- ------------
D. Ownership Of Solid West( .. T7
Formatted: Font: Courier New
Formatted: Justified, Indent: First
line: 0", Line spacing: single
Deleted: SECTION 15. SURETY.1
to he ��f t he Ch a n .-j e ir, S(2ripe, aril
shall ir-clude tht� foll^wino:
Formatted: Font: Courier New
Formatted: Justified, Line spacing:
•
a des�: r i i 1 of u I-) e r a 1: i ona I
le
;single
mir,-J i t Ca i ons 1: Wou I d 1) F, 1- 0::] 111. r e d t,-,)
Deleted: Contemporaneously with
the execution of this Agreement,
1-n em P r, r h, t (.I e i ri S e
GRANTEE shall deposit a Certificate
of Deposit. Pass Book Savings, or
- - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - -
b. -,,-I estimate _)t !:hp amolir,' ot ali costs tc) oe
other type of cash deposit ("cash
deposit') approved by the City
ink erred 1- ;RANTE-- in connectic—i w` th the
Manager assignable to CITY in the
Change in S�7 a ny
sum of TWENTY Thousand Dollars
($20,000.00). In the alternative,
•
GRANTEE may provide CITY with an
A, prc,ie.cT:ed imrIeicx2ntation schedule;,
irrevocable letter of ciredit from a bank
approved by CITY. The Cash F.. [781
A.'T. "F, F, ' S p r f, F�: 0 S C� J c) U S t rp e n t: arty, t.,-:- ti..e
Formatted: Font: Courier New
raltes; ind
Formatted: Justified, Line sparing:
single
-- - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - ---
e "I ny kjtt. inforn:.ition- --hat It 1)e reqilested
--- --
Deleted: After thirty (30) calendar
by CITY -..n rno to CRAB EE or r.,er n e r. t
days following RANTEE's fa .. j
Owing [79'
Formatted, Font: Courier New
1.lformatiGr. t ha t GRAVTFE_ d e t e r rr. n e s 1: o
Formatted: Justified, Line spacing:
single
In addi t 1-o t"le irI anal i,')-j ai)ove, G -<AN'FEF may
Formatted
also , p r. opo S. e 1'. e r r, Ud i F c:,-:tt cns t.�_) th: s A(irec%men'-- t i a 1: G P, A N T E
Deleted:. Failure of GRANTEE to
t,ej ev,��s t d t, a (t i sat .)I )I e r u i r ed L,-) e fe:, t i a e C T TY
pay CITY sums due under the(—
...1 i VEI
Formatted: Font: Courier New
Formatted: Justified, Line spacing:
Pe%,,iew. CI 7 Y hall 11 r e v i f-w the pro I TY o -1
single
s -,ihmi �� t ed Lw -a i-i J-i —tt e ri notice to
i4—
Deleted: B. Reimbursement of
p-ropuse changes or rio.dific.ations to any part
! out-of-pocket costs bome by
of thr P.10r)(S-al. G_--1ANTEE shall resr-,crid ir, a timely
Formatted: Font: Courier New
ria n r r' 0 any 1.) r 0 p r, d m o. d c:;-.-: n 1-1 C I I
Formatted: Justified, Line sparing:
ri:.-iy � T:C' ud,, revi.s ors L,) t iC. 1-:0 S t
single
e err t. s G K!" N I s r ro t,, s
Deleted: C. Monetary remedies or
damages may be assessed i
(4) a n 7�. r e . f�
Formatted: Font: Courier New, No
_- __
P-1—
t llai propcsa i r E revi se�'z r El C t
underline
r, a C; r, s r o,,, e 1.) TY CI may r tF-- a r. d
Formatted
s a lnrjc r t;.: K(, a T1 c c, r-qL1 t 1,; f3
Deleted: CONSENT REQUIRED:
imp I i1-:fLor, r a t i On of tnr: ,. i r, _S' �) The I a t S
TERMINATION BY GRANTEE,
TY 1. 0 r-Q(A L.\.- (-.�A.'T.-�E s�,all 1) c. J
Formatted: Font: Courier New
p r 0 I. A,.: -1 i h f I
Formatted: Justified, Line sparing:
single
Deleted: A. The Franchise
(5) Ll TY s i a n f t o C L n I, t
granted by this Agreement sh .. =85
CPAN—:-E n-ld CITY are agrefl c-1 rt v sjcj-jS t
Formatted: Font: Courier New
. Lela
�AN E zr cs ai r q t t he i r-p i e re n t a t i c 7; f
Formatted: Justified, Line spac
gG
In ;i r c as '1-) 1 e p o r :'_ C j- Cr
single
t i mo a t r. e o I. chi C t i n q. d f a i t- 1, ri r) t i a t: i as w i t I I
I Deleted:
B. Approval to TRAN =..86
September 3, 2002 24
respect t h-*2 re to, CIT. shall have the right to
u - i d (--. r , a k (-- -a rid c orf i p 1 e t e the C'.?i a r -- 9 e in Scope.. Such
wc---k iray be performed by cTry employees or CITY
contractors ir, t-',i(? evi�r,L C1- proceed
1jr1:--lcr this su )sr-crior, ii: shall r-)�ice of
i.*,s election to GRANTEF --orie!--her with .:i desc .. �t- i o n
- . . . ....... ..... =L —
intends Lo proceed wiLh
o- the manner
—
the change_ in Sc-,-,pe.
l
SECTION 9. FRANC HSE STANDARDS -7()r C'1'):,LECT:()N AND 0 TE-R l T i O'N
GRANTEE shall maintain vehicles and in a irtanrler-
adt,.:.,,uate to public health and safety in accordance with
.the standards as provide-1 in Exhibit 1),
A. LuIE� and Regulations of City. The City Ma rj,�-, er-
shall have ~he power to establish rules and requlationsrela--ing
7--
to the accur.ulatior.-, collection, _rec%i-clinq and disposal of Solid
wasl:e' providinq su, h rules and reql.11;ations are found to
reasonably necessary by tae City f r, r enforcement of the
provisions of this Agreement, cr any and all Applicable Laws, and
for the Lori or' the pub] i.-. health aria safe,:y, and
i (j i-riq, rules 9 re, consistent_ with this Agr-eem.• �?nt and the
" RAN TE'T-' aqrees tc and a 1 *1 such rill es and
eall t atA on.-3.
---------- -------------------------------- ---
-
B. c Time For Cc,, -'; ec - i (7; n . GPAN7EE shail col-Lect Solid
Tt-IaSr-• within CITY ir. accordance with Ti--lc 8, Chap':er -36.
.1 10"l L
law;
C. Route, Books and (,Laps.
shall prepare
route
r d f r a r i,--- t i c
�
and rrtac,s .-or e';cjj te,
wl oit 1 m sped fic rout ina
info
i.- vi -he dai 1%,
lom :)I- SIc"I 4d l ^last
T Le
is sooner
I I t1P -7:U1
relit Inc) at.� e: a t- (3*RAN.
S
mak L.-Iq rollt('.
n
rc, ides) t-.- . !. `ip
City
D. 1 o I I Ps
C-Onmence'.'ner.t of t, 1-: -1 5
A C4 1: F1 -'T[ e 1: al-:d Ur-a-ited .-Iner.
in a
'.imely-
M'F.Innez rn charigtzls a r
-o route books ana
maps.
7z 1- 1
A
e a Pea uiF1-zt
fir
.1 10"l L
law;
I
. �j . ,
r d f r a r i,--- t i c
t c. b c q n a
i e o. r i 7i
of t }, i s Aqrermcnt, 0 r -1 0 ^ F1 C- r
if this
Aq. r e eme r, t
is sooner
L rl.&, t-(:d, co, -.`1)o
w: th prx.)posc,
rs t)y
mak L.-Iq rollt('.
.,-er'n
t'no <s arld 'rial::!s OT' I TIS L W.-'.t. : oil
D. 1 o I I Ps
-
',A!h(-.nPv,,r
-- - - - - - - - - -
a
- - - - - - -
lipon 0
_i ------- -------
r i_%,, s c cr; I Le c i c; i
----
a -1
F
the e PiSP22f-,-T�1- Site is
_L,
,7 1.^ ed L n obser vance of ha
hci
tnen t he
coi ' ect -* or--s
. 'hecil-,le-d tor *-ha-, -lay, and �-or
.3(7
'Alemimel'I'Mainde'r ^t the
wee1:' 1ray le
J- is --'-d U�p or ,e C- a ,*,- 1 -:1 IL c rM. t " I a I s h -.2 d 1- 1 c d
September 3, 2002 25
Formatted: Justified, Indent: First
line: 0", Line spacing: single
Formatted: Font: Courier New
Formatted: Justified, Une spacing:
Formatted: Justified, Indent: Left:
0", First line: I", Une spacing:
single, Numbered + Level: I +
Numbering Style: A, B, C, ... + Start
at: 1 + Alignment: Left + Aligned at:
1" + Tab after: 0" + Indent at:
1.25", Tabs: 1.25", Left
Deleted: E. Any change in
control
Formatted: Font: Courier Newer
Deleted: the GRANTEE occurring
without prior CITY consent shall
constitute a material breach of this
Agreement.
Formatted: Font: Courier New
Formatted: Justified, Line spacing:
F. GRANTEE may
terminate this Agreement only upon
one hundred eighty (180) days written
notice to CITY.1
Formatted: Font: Courier New
Formatted: Justified, Line spacing:
Deleted: SECTION 17. FRANCHISE
TRANSFER: FEES .1
Formatted: Font: Courier New
'i Formatted: Justified, Line spacing:
single
Deleted: A. Any application
for a franchise transfer shall be made
in a manner prescribed by the City
Manager. The application shall
include a deposit of $5,000, to cover
the estimated cost of all direct and
indirect expenses, Including CITY
staff, consultants' and attorneys',
reasonably incurred by City to
adequately analyze the application.
Any costs incurred by the CITY in
excess of $5,000 shall be reimbursed
by GRANTEE. In the event that the
CITY costs are less than $5,000,
CITY shall refund remaining deposit to
GRANTEE. I
Formatted: Font: Courier New
Formatted: Justified, Line spacing:
single
E. , Frequent;',- of Collection. GRANTEE shall provide for
Delisted: B. Upon approved transfer
weekly collection Gf Residential Solid Waste accumulaned at
Of this Agreement. GRANTEE shall
Residential Premises contractinq for collection when Solid Waste
pay W Cat a transfer fee in the
amount of $25,000 or 5 percent of
is properly placcu for collection on the day of collection.
gross revenue from the last twelve
months, whichever is greater. I
Break (Cbntinuous)____
F. r�t r kAN' P sha I I r, c, t enter ujay ppy pvivsLe
a These franchise transfer
rol7ert.- +.0 :011ect yhe Solid Waste, without the permission ;—f -*%
I fees are over and above any
i Franchise Fees specified in this
Agreement be
and shall not pf....Tr8771
Formatted, Font: Courier New
G. Traffic and 1"' o i s C. GRANTEE Lhal 1 conduct
onerations so as to offer the least possible obstru-ction and
Formatted: Justified, Une spacing:
single
inconvenience to public traffic or disruption to the peace and
yj et of the area winhin which collections are made. All
Deleted: SECTIO Is. IMPOSIT10tj
OF DAMAGES OR
collections SLa 11 lbr> made as quietly as possible and shall
_T0Mh61QtL1
Formatted: Font: Courier New
conform to Moorpark Municipal Code as it relates to noise.
Formatted: Justified, Une spacing:
• - -------- -------- ---- ------ --- --- ----- ------- ---- ------ ----- --- ----
single
H. 11licle storaqtNq, Solid Waste collection vehicle
shall be stored ed overnight on a public street
Dele A. If at time th Qy
Manager ted: determine any e
thoroughfare, or other cublic croperly in the CITY.
Formatted: Font: Courier New
I. 1_',RAN'rEE Li c, bl' o C 1 (, a n De b r i s. GRANTEE sh all
I Formatted: Justified, Une spacing:
. "
"Ongle
clean and pick q) any Solid Wasio or leachate deposited upon the
leted:
ureets, roads, hignways, sidews:kj, o*-her proie
B Unless otherwise
- 1 specified, a reasonable time .. 89
rXjyaLe,pjpptrty, by, GRANTU within UTY. __ 1. Should any - Solin Waste
- _ e
";
I Formatted: Font: Courier New
Formatted: Justified, Une spacing:
Angle,_ ,
X Street Closures. The City Manager may order
1 Deleted: C. The City Council Mull
! give GRANTEE, an
temporary modifications of collection routes as may be necessary
Formatted: Font:
due t 0 street construction, maintenance, of an emergency.
Courier ew
GBANTEE shall veyarm in accordynca With such orders in a manner
Formatted: Justified, Une spac ng
not to KLerfern with or ma L o r i a 111, disrust the r eq j I a r
single
collection.
Deleted: D. Based on the evidence
1 presented at the he =_91
-�ourier
Formatted: Font: New
K ubcontract for Co:lecticm. Nonhinq contained in
. ;hQ1,pr,y;Q,GRAN7EE from subcontraclIng,jor the
iFon natted: Justified, Une spacing:
I
singe
chledtion of Residential Solid Wasze within -he Franchis
Deleted:.
NTEE franch[sed bITY, upon written approval by
by any athcr GRANTEE C p en
` This right of termin
the City.
92
Formatted: Font: Courier New
L. , Pi qnsal Sitc CITY may Wrect which landKll, Formatted: Justified, Une spacing:
uransfatmation - 'T!pyt ;Single
-- --------
Ove Ey. 110 L 1 y
sha[I use to iefaj Deleted: F. irrespective of
recycie, comzost_— process,
and discose of Residential Solid Waste subsection A above, CITY ful Lg
qqn,flyid or-Tolumllaneq lithin Me FranchiSe Area. Formatted: Font: Courier New
A Formatted: Justified, Line spacing:
At � pfoca6winq. In r, r do r to maximize diversion of single
Residential Solid Waste in accordance with the Yeauirements of (1) It the GRANTEE
MWA& a Moms to wadi- —rM
September 3, 2002 26
tl:e Act, GRAN-EE shal" nrocess, broker, or deliver Yard Trimmings
and/or Recyclable t•aterials and :-<Ecyciable Sclirl Wastes t: c)
prccessir,c! at G?AN'.'E.E' s expense, and in a Manner
�;at '.Sf acl-Ury to the City anti in ac.c:o cciarce with all a,-ppl.i cable
Federal, suit. and local taws arld re•:,'ilat_ions. in thi*!s sense a
E, r oc o s., i r i g Id t. i I J L y i. s me.--, n s a I a:' E' wh e r E- di ve rs i n f
r0m
1,:a n,. I !- I L I _d i s p o s P1 o f t: h e ma t e -A, a 1 S U If S GRAN= shall not
disL)osE., in a land till any unccn am.'nated source separated
Pecyclal-de Solid Wastes cc-1--ecred frorr. Customers that it has
agreed to recycle, without: advance writt"er. notice :o and approval
from the City. Notwithstanding the, foregoing, the City shall
have the right to direct GRANTEE ._-�r:, 1-:se a desi(jr ac:ed Site or
F.) r c.) c : e s s i nq -Faci. I i Ly for the proce6sing c,.L disF,sa.] if al: or a
r,,) Y, t.i o n c f the Solidi Waste collected 1)y GIRANTEE purstiant to this
•------------------------------------------ ---------------------------
N. GF(ANTEE -_ .hail ... ncT all a encies With
u i,c t i-on,_ in eluding the (aiiforriia Department of 70xi
Substances Control and Lccal Emergency ?.,esponse Providers and the
National R (--- s p o r. _zat ' -enter of re:'r.)rtc-.ble quantities c)f Eazardous
Waste., fGlilld Or ObSOrV(Jd 1'"i SGlid Waste anywhere -';-'thin the City.
It. additi0l: to 00h' L-C-11iii-ed no-_j ions, .-.f GRANTEE observes
arty sul stances, reasonably h• , -1 or
Sus e C t' t0 a 11 11,�Zar7d'. U' WaSt of c;r
e asecl (,;:I art f C L --opert.-, i tic: 111-Jin,; -ira;ris, st-reets or
„thee P•Adic r ht- of w�,%/ GRANFEE immediatei not.i t h. e
------- i.- � ___ -t- - - - _ _y__ _ry
-
:it` Manaqe-- t•%F sar.r - bus ine3s day.
0. Add i ::.i o n a I C,) 11. (2,: t ion. As p a r t- i a I corlstdc.'ra-
for -he Aareemen-, GRANTEE s.hFil res!Dc)nd to all calls from the
11.2
Leqardlinq spilled �)r Lilegal-v clumped was-'e on --Cit 0, r
Mcc)rpark Agcric,, rope r-_y within the Franchisc:
caular -.:'ork 'nfDurs ir, P.T. ericies ri> determ,-`iej
Maria'jer, at rtia,,t, ar.d or i r this, sense, an
: ricy" L v r "k-t- c rrr i rtes '.hat i L. is
Formatted: Font: Courier New
Formatted: Justified, Line spacing:
Deleted: (2) In the event that
GRANTEE should become insolvent
or if proceedings in bankruptcy shall
be instituted by or against GRANTEE,
or N GRANTEE shall be adjudged
bankrupt or Insolvent by any court, or
if a receiver or trustee in bankruptcy
or a receiver of any property of
GRANTEE shall be appointed in any
suit or proceeding brought by or
against GRANTEE. or N GRANTEE
shall make an assignment for the
beriefig of creditors, and during the
pendency of aforementioned
proceeding the GRANTEE fails to
maintain service levels as required by
this Agreement.1
1
(3) If the GRANTEE fails to
provide or maintain in full force and
effect the workers compensation,
liability insurance coverages or cash
deposit as required by this
Agreement.1
Formatted: Font: Courier New
Formatted: Justified, Line spacing:
single
Deleted: (4) If the
GRANTEE willfully violates any orders
or rulings of any regulatory body
having jurisdiction over the GRANTEE
relative to this Agreement, provided
that the GRANTEE may contest any
such orders or rulings by appropriate
proceedings conducted in good faith,
in which case no breach of this
Agreement shall be deemed to have
occurred unless and until there is a
final adjudication adverse to
GRANTEE.1
Formatted: Font: Courier New
A [Te C:. t v w:
11 es I, a t: I d sh
(billyle
C q a I y
e
.4 Formatted: Justified, Line spacing:
lt efore the. ritF�.\t. hers
i : or
e r c '_'n(� Pnv:
Pr
�onmert:.
single
1 c,r Cc:itar,:r*.i�._ 1 ;,r:
r
r e r v
E: 1t, 1. i e h e a
t t. r, and
Deleted: (5) If the GRANTEE
a t e r
,_.information, re-ports-arid./or to •.. ... 96
7�
)I e, t iAl
I; I S tic h w S t r-
le 7E,
t C. the LE,
ceases to provide Solid Waste
,3 y
collection service as required under
Ln p 1: r) p r 2. a t e �-i i s v) s al
Pr C-
"�.cil` ty at I-L,-, expe-ise
t,7; the
I this Agreement over all or a
ity
substantial portion of its Franchise
i Area for a period of five (5) d ••• [95]
EC T T ON 10 C' 0 N- 7 A.I
E ?, S
Formatted: Font: Courier New
.
Formatted: Justified, Line spacing:
A [Te C:. t v w:
11 es I, a t: I d sh
(billyle
I- iF! .-I .'-J I I P:.- I- i r I oci_ i'_-) -I f r a 1 1,
C n �� a ri e rs
GRANTEE,' i. s
1 Deleted: (6) if the GRANTEE
r e c; r.% s )_ rxi 'F: to r I e I ' e, c. ' i r. c, F
I - --- 1. __ . _'__ _._ _. __ - -
a I L P es ci.�- n t i a
- - -_ - -_ - -
S ) cl i. I W., .9 1- e
� I - -_ I � - - "'
willfully fails to make any payments
; required under this Agreement and/or
p I a c F: d _or I L e c r. i c. n :.I all
s ii c h ri iF.� 9 i q n a t c-d
co I iec7_ ion
! refuses to provide CITY with required
,_.information, re-ports-arid./or to •.. ... 96
September 3, 2002 27
locations. GRANTEE shall inane dim Tiely notify the City of any
formatted: Font: Courier New
condition at or near any collection location, wt,ict, creates a
Formatted: Justified, Line spacing:
single
a F e L y hazard or ac ~cessibiIity p Y-b I enn. Upon auLlhoi:izatio r, by
the City, P A N TF may di s c or 1 r i nu e. collection for any s Li c, ri
Deleted:
(T) Any other actor
omission by the GRANTEE which
I oca ti%_n uw_ i I t- he safety Hazard a C c e si s i b ility problem is
c i_
o r r e c t d GRANTEE ; h il 1 return a co n. t a n e r s n an. 1pr�L
-
osit "i.on to the apLL,-ax -e 1OCatiOrL Where found E 1C�2 ell;
_ 1
materially vio4ates the terms,
cdiins r e quirements of the
Agreement. Title S. Chapter 36, the
Act, or any order, directive, rule or
regulation Issued thereunder, and
I which is not corrected or remedied
I within the time set in the written notice
I the violation or, If the GRANTEE
coannot reasonably correct or remedy
the breach within the time set forth in
I such notice. or if the GRANTEE
should fail to commence to correct or
!
, remedy such violation within the time
F,P_r __ -- --TitLe 8, Chapter 36, and witholit an __j.
n noise or
�L L_A
wear and tear 3r daEL-.ge to such -oritainers. Containers small not
in any roadway, street, or- block any sidewalk or
driveway or placed on adjoining property, in compliance with
t'
Title 8, Chap--er 36. GRAATEE shal." ri.l.)tify F�,�,siclential Service
Pei.-_.pierits c,E the oroper placement and position of containers
wh-,.r, a container is r,laced in an inappropriate locat4on and in
S I., C:,:, I case GRANTEE shall -, e t-. ii r ri t_-,e c on t a _4 ne r to the iD r o 1, el
::
c-: --, t T c n- N ,, t fi c a t ic� n ��a e
1_incll.i��(- the �Is of stickers or tags 1
. - - ____
I
set forth in such notice and diligently
( effect such correction or remedy
I thereafter.11
11
tc be placed on a container GRANTEE shall reirnburse the
cus:-.omer for ar.v ciarrz.qe caused to cu s tome r-owned - con ta i ne _rs bb
Formatted. Font: Courier New
;;P,ANTEE.beyond the usual and ordinary wear and tear.
Formatted: Justified, Line spacing:
. s ngle
B. , Specifications. Carts sha 11 incorpr)ratc use of
t Deleted: G. Liquidated Damages.%
!-ecyc.led cantent. to the miaxiri-Im ext: !rlt possible. 1"le. City Shall
—Forma tted Font: Courier New
a- Lhe' LYE)C, ��ize a a t. h e r
.ov - - er,
and - speci fic. ptiysical rc(p.i i ten Ls
For Ca r I. s RANTE V snail al .1 be re wired o collect S cl I i d Waste
Formatted: Justified, Line spacing:
single
t rom Corit_i` n,-?rs t.liat� do not. '-"orl [orm :..c) Ci t: t q!j J_ Y., i e n L s
Deleted: (1) CITY finds, and
the GRANTEE agrees, that as of the
C. V Container Content i r. f o r.*11'.a t i 011*1 All GRANTEE-
I time of the execution of this
provi d e d Ca rt s S ha I he a r ri f c rrr.e tion descr4b'
I %g correct
Agreement by both parties, it is
------- ------
.
-or
impractical, if not impossible to
oat e r i a Is C' r C e L n coo-z! me t ti, :- I � —us 7� Omer e r t p Lace c e
I) '- -1
--- ---- - - -----
reasonably ascertain the extent of
ma t e 1, i a 1 s for C-0i lect ion' and t:eyt stating no hazardous
damages which will be incurred by
. __.�ha-
materials ma,/ be incl -.ided in Containers, inc-udina information
CITY as a result of a material breach
by GRANTEE of its obligations under
about P:.0-pe dou's Waste rjisj._�Cs.li Pecyclablc Solid Wastes
this Agreement. The factors relating
C c' n -:,:I i n e. Y S S h a 1 a did i t J_ r, n Ex 11 y Clay( an s c. a ,, (2 n (7 in q i,.-I fe. rmla t --* 0 r,
to the impracticability of ascertaining
C i t y S "I'a 11 aperivo a r. d art-,!ork for Container
damages include, but are not limited
to, the fact that: (I) substantial
o --rr.a, L i o: i
damage results to members of the
public who are denied services or
•
denied quality or reliable service; (ii)
D A 1. t.e. iz!m p 1, y i r il a D_y
such a breach causes inconvenience,
a i n e r fk iV4 FE F' -i I i a t c e I a E- 1. 1 i P n '. a Ii n P r i. n a ri U I t
a
'anxiety, frustration and deprivation of
- --- .... ..... . ........
c
t ion, and hail mtke A r e ei s oi b i t e, t t o r t a t mi rit
the benefits or this Agreement to
individual members of the general
n t - 1 a i n e r c s t; 1: P at all i b y Geri i w i t ri a I r. s e f i t
public for whose benefit this
_c
at tihe plac-e
lid, . :1.i -re s -..i c h c. n a i n e r s p 1 a c e d for c o e c t r)
Agreement exists, in subjective ways
and in varying degrees of intensity
Gf, AN' TE E she -'1 h a rid 1 1-2 Cf.)n t a i ri c r s ar-d lids it,. a manner so as to
which are incapable of measurement
damage, loss: or spillage, i d s h E, I I riot throw CC:-it:,:1inC.rs
in precise monetary terms; (iii) the
a f t e ut":' L i I 1 a f. 1 :m at its own
monetary loss resulting from denial of
1 services or denial of quality or reliable
ex I L s C , w i 1, i ti C., 5 ) W') r Y i. r 1 -0' '1 'j 6 , ally 'Con-ai.rier dainacied by
s ervice is impossible to calculate in
3PANTEE (7, = ' A IP'FE s I i a I ' Ira' rit 3 r a 1 Cart �; fre(-- o t I I nCi or
1. ecise monetary terms; and
-21
lira`
- - - -- - - - -- - - - - - - - -- - - - - - - - - - - - - - - - - - -- -- - - - - - - - - - - - - - - -
September 3, 2002 28
Formatted: Font: Courier New
Formatted: Justified, Line spacing:
sin le
E. , 11:ar)ro-,:er Load-ino 0: Placement o= Containers.
'G*F:,WVEE fria -_ecl re tic) "I'll-d'! ]—t. -1rI*1---.S,2-., ;d wast-e (1) tias n-L
�,ee n _E�rGlDk• r I _Y Oiide,-11 i r.t 0 Corca i np rs 2) has beer. overloaded in
S -�e -i o r has 1-;een comz acled or
n c a i ne r J; y_ t -igf ot urce, _3
0 t r W 1 11: e a c� o- d 3:- accumulated in a manner s-'I.Lh that- the
S 0. 1 -J Wastr will not, of its 0-wn weight, -all o '-,. t, of the
t. �s 1-.J-n s,ich Cov.t:aine�,: is Lurned
�,n a I n P- 1' 1, n W
111.s Lde down. CIP i�,MTE'F may also I i.n c, collect -- any Sc)_l id Waste
f lie "
.. oriLai tie r ill w;i.1 .-.n Lt. i s --a i i i e j has ) e s e -, :--, la c: c d ( '� ) i r i
a Location, w L h G KA - --N---I-- -F--, -F-- � a r no t r-ead i v a c c e s s with its
------ --
01:)erat in-7 Assets, c r (2, :. ri a manner `hat would othe rwi se
prorii0it: tne safe, pic!Sup -hpre�-;f
.. ---- -.- --------- --
Defew: (2) Pursuant to
Section 18. the City Council may, at
its sole discretion, 83SOSS liquidated
damages not to exceed the sum of
One Thousand Dollars ($1,000.00)
per day in accordance with this
Agreement. The maximum amount of
the liquidated damages shall be
increased by the past years
Consumer Price Index for all urban
consumers within the Los Angeles -
Anaheim- Riverside metropolitan area
during the prior calendar year,
excluding the housing component, on
the annual anniversary of this
Agreement. The comparison shall be
made using the month of September
,SECTION 12. REP:)?-TS AND RE,--i -RDS REi--T111--,--MEH1TS.
(-'RAN- E slal'. ker.-t, r-ec,�,rdls and arld sut.-inil- rr,r,c,l:ts to
C. I 17Y i r C. e, M' a T, r'. 1-1 (J j: u1i -i r e m e, I t. S
Add t i 1 I i i r rte -.o suntei t v P r c o, r
Y,
e 1.) - r 1. 1 t- o n A t .s and •
— - � - - --- : — - . - I 1� 1,
-I: i Lc, B N
,CRANT7EE coo-oerato wi-,h -!:Ij prc-�.ride all
T of a
--r by CITY ir,
consi-A ar _I
r. t or f-:!
0. rin e C r. i 0. n with he 0 r. -e -,,; r a t i c) n and fmcplernent:at _on cr .;ante
(--I, e rac: t e r- i -.a I- j. on t, U:l i e.: r., IA., da I- k. i I S j 11 r- (--, C. ,�.e�llj(, 1: i on a 11 d
Ize::vI in I F, I em(- v- ( S P R; =') �rd - zaraous rJ -
I TY M cal ?C'
-e r ' i c:a r -or-, VP 1-1 i 10 i (.e r: r i f i 1t.10n 1 n o rnia t io n, t. r uc- k
ir.v--rit: •ry, riiJtlnods, ut-ilizcd LG cQrit,::ir. Solid, 1."Ialte in :.hat
fre0wa%,--,, and --rif' )--rraion
Uy (--FP.N.TEE in th
September 3, 2002 29
Formatted
Deleted: A. To rent or leas 104
0
Formatted: Font: Courier New
Formatted
Formatted
11�
Formatted
'7o:—RIGHTS OF 1081
Formatted: Font: Courier New
f Formatted
."109
rg
ted: ............
1 Formatted: Font: Courier New
Formatted
Deleted: B. GRANT .. [1121 1
Formatted, Font: Courier New
Formatted 173 11
Formatted: Font: Courier New
Formatted
--cailio
I of each year and shall be effective as
F. Cortainer aeplacemerit
GRANTEE shall prc•,Yido
of January I of each year. In addition
.
the Council may order the termination
epa i r and t. e d
-)I I e(- t i C'n (—.,itainers
of this Agreement or other remedies
.-A -* t Ll
req.Airi?, in E x h i b.L
available by law.1
(3) CITY finds and the
�ECTIQN 1-1 P LKNT H I N G AND ADMINISTRATD,+1
FEES.
GRANTEE acknowledges and agrees
1 that the above-described liqui
4 t"Y
('1TV on CPAN"I '-:E, for any
... (981 •
rmatted: Font: Courier New
,F0
ar'. i c ir-r-,s to Soli �,Ia•t.--: that the CITY
Formatted 9i
requ r uy law
MclY locl -ed i c ra r #
--nnen . r e%, i a r
' I
a dm] nester e .
--- - .11--l- -- - -11-1-
Pav SI. t:� 0-
I j;::h t o
- -1- -- -
'J Forimatted: Font: Courier New
j p C, n w r i It ri 110tAFj�-at-i,-,T1 k.,- r,[' .-'Y t GRANIFEE . R N TE, E
�.`. ; ",
- -- - - - -- - . � -- - -- - . - � It -.. -
be entitled ro an ad-;t.is-rrent t:-) tne
- - - - --- --- -- -- -- - ....
Ra e tuliy re]*-rr.b lrsp
I -.! Formatted lot
t si-,- n tees.
j Deleted: In addition to the r(7—
Formatted: Font: Courier New
,SECTION 12. REP:)?-TS AND RE,--i -RDS REi--T111--,--MEH1TS.
(-'RAN- E slal'. ker.-t, r-ec,�,rdls and arld sut.-inil- rr,r,c,l:ts to
C. I 17Y i r C. e, M' a T, r'. 1-1 (J j: u1i -i r e m e, I t. S
Add t i 1 I i i r rte -.o suntei t v P r c o, r
Y,
e 1.) - r 1. 1 t- o n A t .s and •
— - � - - --- : — - . - I 1� 1,
-I: i Lc, B N
,CRANT7EE coo-oerato wi-,h -!:Ij prc-�.ride all
T of a
--r by CITY ir,
consi-A ar _I
r. t or f-:!
0. rin e C r. i 0. n with he 0 r. -e -,,; r a t i c) n and fmcplernent:at _on cr .;ante
(--I, e rac: t e r- i -.a I- j. on t, U:l i e.: r., IA., da I- k. i I S j 11 r- (--, C. ,�.e�llj(, 1: i on a 11 d
Ize::vI in I F, I em(- v- ( S P R; =') �rd - zaraous rJ -
I TY M cal ?C'
-e r ' i c:a r -or-, VP 1-1 i 10 i (.e r: r i f i 1t.10n 1 n o rnia t io n, t. r uc- k
ir.v--rit: •ry, riiJtlnods, ut-ilizcd LG cQrit,::ir. Solid, 1."Ialte in :.hat
fre0wa%,--,, and --rif' )--rraion
Uy (--FP.N.TEE in th
September 3, 2002 29
Formatted
Deleted: A. To rent or leas 104
0
Formatted: Font: Courier New
Formatted
Formatted
11�
Formatted
'7o:—RIGHTS OF 1081
Formatted: Font: Courier New
f Formatted
."109
rg
ted: ............
1 Formatted: Font: Courier New
Formatted
Deleted: B. GRANT .. [1121 1
Formatted, Font: Courier New
Formatted 173 11
Formatted: Font: Courier New
Formatted
--cailio
�SE•TION 13.. PERFORMANCE PREVIEW _ — Deleted: A. Indemnification
of CITY. GRANTEE agrees that it
shall protect, defend with counsel
.CITY mew con ict an arinual -ev : ew Ln o-der T.o evalu&re the
approved by CITY, indemnity and hold
level and quality of service: nrovid-F.-d 1)y GRANTEF, harmless CITY, its officers, employees
�!, and agents from and against any and
A. � CITY, i. n . t s s cl 1. e s.,- r,-� t. i c, n. , m a. y �1 all losses. liabilities. fines, penalties,
costs, claims, demands, damages,
r e v -* ev., G RAN T E E7.__p P, -r-f -i i - 3! 1 c;:� and q a I i t y c� f s e r v i t:: e. T h e _r e p- o r —ts injuries or judgments (including but
not limited to attorneys fees and costs
-d by this Aqreemenl� reqardinq custc;mer com laints and al-IN
i rc y incurred in connection with defending
other ii-i-Formation Determined by CITY shall t;e utilized as the. against any of the foregoing or in
L i s - i s f . or re,,iew. enforcing this Indemnity), arising out
of or resulting in any way from: (i)
GRANTEE's exercise of the Franchise
B., if directed by the City Council, within thirty (30) or omissions of GRANTEE, its
Officers. directors, agents, employees,
day f re r the _r1riclusinn of the nearing, CITY s h a 1. 1 lsSue a and subcontractors and employees
rep:..:I: wit`, respect to the adeqi)acy if per Fo rma rice and CILIal ILV Of lthereofinconnectionwiththe
se rvi ce F a ny ri o ncompl J. a n c P w:-- t 1� -1 h i s A q r e eme n i is found, CITY performance or non performance of
ch los
this Agreement, unless 31.1 S
mad dirert GRANT to correct th;,, inczai acies, pur3uant to this 'I," liability. fine. penalty, cost, claim,
. ........ _-_
re PIT ent. demand, damage, injury, or
judgement is due to the "
negligence or willful acts of CITY, its
ECT ION 14 SYSTEM AND S=PV_.`CES PEW,EW. OMCM, eMPIOyeI!13, or agen ... (116]
Formatted: Font: Courier New
TG proy.idE for 1 (,g i c:a 1. c-conorrii,-.-, and r eq u I a 0
c h a, P s in S o I I'd :taste :'o I �L e c t.: i o n , Li A n s I.-;o r,:- a t Formatted* Justified, Line spacing:
gle
acnieve a cc, Tit in u i 1-1,g , advanced Solid Waste
- -- - — --- - -� V., J. I I, Deleted: B. Indemnification of
co ot_� t oil a r I, a� r e: yt _-, i -., ct systeri, —L'Le toll ,- J system, S C- r, and GRANTEE. CITY shall Indemnify and
P1 1r r 3 review orocec.ures ar%�: herel.-,,,, estat)-i ished:
--------- hold the GRANTEE, its offic
A At C17,"s soie option, C:TY ma,,� J a meet-in Formatted: Justified, Indent: First
-------- _,� o-1r.... -_ __.. - --- - - -9- s line: 0.5", Line spacing: single
at : :Mehl GRANTEE shall t, e p r e s e i i 7: and shall p, i r t i c i p a t: e to
Formatted: Font Courier New
e v W : 11 e R e s i d e r, t i a I So 1 i d Wa s t c c ) 11 e ct i r) r s y s t d •
S3ryice5 At CITY's sole discretion, it may ccriciuc,: any system Formatted: Justified, Line spacing:
L I single
a rvi r N,, E� w C, f F) 1: f
i n A services review cor, w.i I,, o rriance De
ar-d quality 0f ;as prov i dcd f r' in listed .....................
at,e:lve . C. Hazardous Substances
Top 1 , C: S f r, r d, s 1 z�.si cn a . C.1 r e': e a t.. t. he s y- r - e n a s e r': c e s Indemnification. GRANTEE( —ri i jai
-- --------
r v e w feet' L .9 Ila I I i. ri,.-.. I ti -,3 e i not bp jrri*_&d to, :3 e r v c E' s
of nro•.,icl_ina ne -,.! applicat_4or. of
ter 1 -.11 , Ip g_i a n c, s f a t e-r, t he-a r 7 (,quiprlient, ight 3 c. t
p r i v , amendments i:c the Agreeme!-:r, oevelopmen!ts in the idw,
and net: activi-ie_;3 for meeting or exec ding thin Act's goa-S an
,ccv,ilatory Constrain-s. CITY a ri,J' GP,' N T E E i.r.av each select
a d d i r o 1::, s ro d i �; C7 u3s i :t: I y '3y 0 M 6 a r J e 1, -v c
e V eV. " I c-, a r G ct
x t. y ( 6 s a f e r r e i ic, I o .,.o Ui
I— cikf_N'f FE' s t-, d I, J stit)rr, 1, epn r t. (7 T Y i d e
- - ---------
i.1 I i c I 4d is-
cope inn, ran
p, a r L a t `or.
_S
di:,j-)OSQ_
and 1: r'. 1 i -I (I services rev.,f.)rted
in
S i cr i i f i
!. r, U it - ::y
, ' .-.adc Jotirnals
are I)clr,..g
cor,cnor.iy
provioed
-011 an Onerationa-
L- as i s
udin,a
tests and
ir 1:ri*�,Fd wtt-.'� 1 a t, i c"I's
y, .0 p
September 3, 2002 30
Formatted: Font: Courier New
Formatted: Justified, Line spacing:
single
Deleted: In the event that liability
insurance for the collection and
handling of hazardous su
Formatted: Font: Courier New
Formatted: Justified, Indent: First
line: 0.5"
Deleted: .................
GRANTEE shall be responsible for
J complying with and meeting IF---
Formatted: Font: Courier New
Formatted: Justified
Deleted: (1) 'The CITY, its
employees, agents, and officers, are
hereby added as an addition
t1 it: ari not p r - ' (JeJ r.o CITY; --itifl
2 a tges re c o rnni c. r -. d ed i rip r r. v e 17 Y ar i i, t y to
meeT._ t..he goals of. the A;,-it-; a:id
3) ;� i.,j s1)(2, rA c pans f f plc v . i
,7 h a n r.T e d services . by__ 7,RA N T E E
ir,.dicati r.q l-.,hy SRt'_.NTE_E believes
ar? not fiF�aslh..F? fclr '-ranch
. I - - - - - -- -- - - -
ON of S U C 11
or a illstif
suC
Se �Ared
1.- w Or'-
cation
—1-71 f'oQ ,
- -------------------------------- --------------------- -------------
B Hot- I a L e Y than s i x t._ d'mi v.i of e r tale_ conclusion
of each systerr, iai-ir; service rev i evi inee t i ng, CITY may issue a
report The report shall in-clude a 1 _sting _of_ any Solid, Waste
clol'ectiori, trai-isportatiori, aisposai, and recyclinrT services not
the -1 being provided to CITY that a _ e considered beneficial
technically and ecr)iiornically feasih-le by CITY. CITY may require
GRANTEE to provitdc. such services cw tYlin a reasona ble time at a
inUt-.ially agreed -upon: p::ice.
• -------------------------------------------------------------------------
SECTION 1Y;. FRANCHISE AREA -_COMDENSA-ION
A., Annual Rate a n d Service _ Charges R e -v i P w . Ail of the_,`
cafes a r,..J r - j e.. a L i e i r.-. - t: 11 4 s Njreerient betwee,.i CITY arld
G RANT F F s h a I I r,,e r e v i e .wed tied c c i i s i. -aie i : e a bV -, h he City C :, u rl C _as
provided for ii Ezhibit: H. GRANTEE is aware of the City's g•al to
rrta;.:_ ill I z (3 rE!CYC I i r1t.3 fr'�',rtl CO'LTn-]"Cial Premises and
remises. G.--U, N T 7- 1: a,.TreeS �r) ccr-piy with a.riy rate structure
...........
-mirie d e. s i ra b_' e rj r the
a d j u s t ine r� t that -Ii�� City may d:
of part-icipatior., .'ricludiiiy crealrir,,4
economic iricer.`ives in tLe _rates to i:,roirote rec.' c _ r1cl. It -
agreed that -jpon thirty days writte,.i notice, the Ci':,f -[Lay modify
I
,A-e rate structijre wi.th all annual. of to a rive-
percrrt impact oii _Conunercial rTross zeveriiie on GRANTEE.
I!o
7
r,a.-ichis-e Fee as iri Title C'napter 346. G.RANTEE shall
al_S' SUNEL-_ AB ('39 fees, F, ; C1 F' __*: r.,.;, tem zed
ir G. Ti.(' 'crovjsion.3 Se' L F:) r; L;e'()w for Pr ,:lchise -!'ees
a o l )1y t�) AB e,3:i fee:'. All fees s`iall be payable
t.r. T'f, , oil :A iT(;.'i0,1v r.0 1_a.er :Jhar, the f,ftcer)Lyl
x. i'-Ig r-.'-'nth 12
-,i*a,, c� the toi r)".' rr.. shoi�'d t.1-
1"th) fal'l or. :I SW:Urd.iy, _Shall_ t)o ClUe , D1,1
Fr.-Aay. Should the- I : ,'IePnL-L day [a-',I cil 3
Formatted: Font: Courier New
Formatted: Justified
Deleted: (3) "This insurance shall
act for each Insured as though a
separate policy had been written for
each, This, however, will not act to
Increase the limit of liability of the
insuring company."I
Formatted! Font: Cnimpr NPw
Formatted: Justified
Deleted: (4) 'Thirty (30) days prior
written notice by certified mail, return
receipt requested, shall be given to
CITY in the event of suspension,
cancellation, reduction in coverage or
in limits or non-renewal of this policy
for whatever reason. Such notice
shall be sent to the City Clerk.'11
Formatted: Font: Courier New
Formatted: Justified
Deleted: The limits of such
insurance coverage, and companies,
shall be subject to review and
approval by the City Manager or
his/her designee every year and may
be increased at that time to match the
coverage provided by CITYs own
liability insurance policy. GRANTEE
shall increase the limits of such
insurance coverage not later than ten
(10) days after receipt of ClTYs
written notice to do so. CITY shall be
included as a named insured on each
of the Policies and policy
andorsements.11
Formatted: Font: Courier New
Formatted: Justified
Deleted: G. Modification.
The insurance requirements provided
herein may be modified or waived in
writing by the City Council u
Formatted: Font: Courier New
Formatted: Justified
Deleted: H. Insurance
Coverage. ContemporaneoLf J12 -47
I-- 1-arl a "I -,a-,men-1, shall
1-;e clue oi-i -he f(:;1 _'owi-ig Vor.day. Should
the
','I Formatted: Font: Courier New
fif7.oerith i.' 15h) day
fail or: a 1l 1 day p a yrni., r, t sha 1 1 be due
Orl
Formatted: Justified, Indent: First
lay_ or- 1.�:P �'.'!J_day._
i f E- (- a
__ �7Lc-Aid :.Le i. nt-h
i. ( 1 H.. tih i
a 11
line, 0.5•
on F, M'-'nday can wh-CA-:
-a hoiidav is l-,bser,..7F ri ID FA y7(Lent shall 1)e
due
Meted:
or 1'ue
I. In the event the amount
of public liability or automobif—r, -),
(1)
i�._ I ri of t;,.c- gra,,itJ.Y-1q of !-Formatted: Font: Courier New
si it P'X".' t is i eiP kF?S. :.::.le :1 1 C'.1. i.:1 P] As Le fr a I I,-
r a c t_ a -im, -,i i s rat or. a r d
September 3, 2002 31
Formatted: Justified
I Deleted: J. Indemnification in
Excess of Insurance
__.. C_O_V_ac-
(2)
the u.sc. Of an•-A e: traord:.nary wear and tear. On CITY
rights -of -Way for the_ operation of SDlid Waste
(A, I C ' : t i ') '- , t r a r . s ) 0 r., t. a I - to n d L so and r(!cycling
I I i c ', o -3, G 9 !�N E shall. ' ,a, CITY T Y a Franchise F.,
--f ZPANTEF.,'s Residei,!.ial Gross
R nu: e
re:�,edvcd k.)y CYTY by 12:00 p.m.
(15t_%)_.day :,f the fol.ilowina m --h
stall k.)e skibiect t-o .irj*_ PIP st and a late fee of five
60-) re s t. rate s 11 a I I . be
t- wo
pe t-ent (2 11,o v P flip avera(7,e Of the most
rec,er,,_ prime rat E.-s c; f t h & t n-ree larger!' banks
he
,adqu;lrtered in C-alitornia. as published in :he Wall
..Iournal ('Kesterri Edition) 4r similar
It) I i C, bur_ t0 CXCe--d LW
I Ve pCICCT)t It 12
per J)_e calculated frorr, the
f ft.eelit.tj (15) clay a t,-r --he end of the mont-h 0-,L t-he,
of a
d iv 11.o.1th arld the actual
rrjmrfP r C, f days ::hat t: h e F r a 11c. h i s e Fees are
r - t:, andi no. On a qtjFi .teriy 1--asis, GIPANTEE shall
re.,-on,-Ale and s-.ihn` t- Franchise Fee ba1ar,.,-_,Fws owed to
C - -ry.
I
• C.. A.CC0PT:;1n,:C. Of Pavlll -Ir - No Release. Nc eac(_-eptance
f.a T �. y pa yrn e r, 1. S ha i I h P co ns I- r 1 jF..,d as r e 1 e a s e .Or 3s an accord
can(l satisfac,—ion of arty _,im CITY tor f u r t h e-
7 -C i i7
add-- * t i G ria 1 Sums Pay-a'--le- pur5uant to _he p --olv-, s 1 0-1s GL i S
or r( 1, k.P _p p riorni.a n ce )I P rcy, c, ._t..} e - 0 1:) 1 i � A.p. *m osect
_
k,y -he roe la1011s of li_i.s Aq r e eme, n t .
D. At, n I:Jme oh r any' r� . 19 r)
1,,� z�s t c r -2
,)wrie r S or c, 14. a 7- a r d, (D s Wastt laccd
T� .;l C: C t >n d 1) (1 10 I_ h i i a iri t h i r, e e rw ri L. sisal: I, construed
I V i Ii Q 11 9 e t h[ : ( i t - �.:l x1.11 al s 1.1 .
SECTION ST P E, T Y . •
.�, ropm�nr, p ,� s
Formatted: Font: Courier New
Formatted: Justified
Deleted: SECTION 22. GRANTEE'S
Formatted: Font: Courier New
Deleted: A. GRANTEE shall
maintain all records relating to the
services provided hereunder,
including, but not limited to, books,
customer lists, billing records,
collodion route schedules. maps, Act
compliance records, customer
complaints, and other like materials
for the full term of this Agreement,
and an additional period of not less
than three (3) years, or any longer
period required by law. CITY shall
have the right• upon live (5) business
days advance notice• to inspect all
records, including, but not limited to,
books, customer lists, billing records,
collodion route schedules, maps, Act
compliance records, customer
'—plaints, and other like materials of
the GRANTEE which reasonably
relate to GRANTEE's compliance with
the provisions of the Agreement.
Such records shall be made available
to CITY, upon request, at GRANTEE's
regular place of business, but in no
event outside the County of Ventura.ff
Formatted: Font: Courier New
Formatted: Justified
Deleted: B. GRANTEE shall
maintain a method of accounting to
the satisfaction of CITY 2fl. 126
— 7
_Formatted: Font: �7ourier New
Formatted, Justified
Deleted: C. CITY shall have the
right to inspect the GRANTE
It, _ I
Formatted: Font: Courier New
Formatted: Justified, Indent: First
line: 1"
Deleted: 23. GENERAL
PROVISIONS
h a , C., (; o L; I Qj 1. M
PANTI�P _.s I - Formatted: Font: Courier New, Not
approve:J tI tliP CILt.-,/ M rd9E:17 ar.d " 1 ly 9 s rjr.,,- t., I P tr) C f TY
Sold, No underline
TWEt TY -0 Us �! I � C1 DO L I r S _�j f 11
Th 2 0
n C purr: _ID )
-r, a t ve, V a n r C, -V 0 a • e Formatted: Font: Courier New, Not
Bold, No undedine
f red L from t),�i r. k a I.) e r t i i i i i loo r ;j f: c.m C_
pn S e.j
urct y in a t o : in _e 6_h —!T'---" s C i :y Ai tor ney. Thr gush I Formated: Heading 1, Justified,
j s i f C, r j mr r c a. t) I I c: r e(i L 'S u e I- y ) shat] be on 1,: Line spacing: single
`Pr it aCC 1: r1 b i e v ff,:j r. r and C i At: t (-) r n ey The 1 Formatted: Font: Courier New
_ s c , r r a s s o u r fo r t m . ' - . C - f a i 'L I I f U 1 P(_-t::0rInaILC0 i)'j
.Formatted Justified
flat.:orls n` 1.hi��
-the Deleted:
u r e t. s h EL e F. ay, (a b I �F., t C, J'rV upon surre—n-der.
A. Force Maje =
e. F
128
September 3, 2002 32
-A . . ----:'A - - I Formatted
,term, of yWQ—AgWe-&ent.
Deleted: weight K or any li
Reinbur emenQ of costs borne by CAMS"
!Formatted
to ..orrect Agreement plolatiors not carrecied b
1
y GRANTEE, aster.,,' L�� . - Deleted: oils, fluids or solid
due notLcl.
Formatted
C. MonevaLy remedLes or damages may be assessed Formatted
to ITeap1j, of phis Agreement,
Deleted: D. Right
t a syn of money sufficient
gRANTEE shall fers Q- Formatted
the Surc?t_v t.G the � �L i�'TLOU t r; the case jjy,b;,,proyir1e Formatted
na M_
a new Surety, Othin rhi=7 (30) days after notice from CITY
-t: lot Deleted: Entry. GRANTEE
any amount has been withdrawn l7rc)m tine :iurer.y.
Formatted
SECTION 11. FRANCHISE TkANSYERAWK; CITY CONSENT REQUflop! 7, - ' - ' Deleted'. written notice rm •
TERMNATTON BY PRA Y71A ...........
------------ Formatted
Formatted
•
Deleted* p delivered
A. ORMBEE mcol no- convey
_s�
Formatted
Deleted* B. Independent
or dispose of
(collectively this Agreemeit, the
f ranchise grant-e-d Deleted: to the extent perr
Formatted
or in paoq iorma&d
-Cfit-y�-s --prior
whotheF valuntarfly or invoWMARlyj without
the
Formatted
of the City
, ,
QQRy1T--- Any - dissolution, Mergert colsaidition, or other W r IMMU0. E. Law
reorqaniZaLion of GRANTEE, except as provided
t 011
W SECTiON 17.C, Of
i Formatted
gale of c,the r transfer c r ;hat gy,j
n
cchtrol of stockorother
Deleted* C. Pavement Damage.
Formatted
and, at the MY ..1.. h- will
be nji 1 and-RAZ
Formatted
,After
thirt• 130) calendar days foLlowirCq GRAN .'EE's
failure Deleted: 0,11 be resDonsimb
to pay CITY
any amount owing under this
Agreement, the
Surety may
be assessed
by CITY live (5) claw
prior written.
notice to Formatted
3RANTEE for
_upon
;purposes including, but not
limited to:
I Deleted: CITYsirivingsurf( -f
,
0
1 Formatted F.7
A.
Fait,.irp of GRANTEE To wav
CITY sums due
under the-1.4,-
-A . . ----:'A - - I Formatted
,term, of yWQ—AgWe-&ent.
Deleted: weight K or any li
Reinbur emenQ of costs borne by CAMS"
!Formatted
to ..orrect Agreement plolatiors not carrecied b
1
y GRANTEE, aster.,,' L�� . - Deleted: oils, fluids or solid
due notLcl.
Formatted
C. MonevaLy remedLes or damages may be assessed Formatted
to ITeap1j, of phis Agreement,
Deleted: D. Right
t a syn of money sufficient
gRANTEE shall fers Q- Formatted
the Surc?t_v t.G the � �L i�'TLOU t r; the case jjy,b;,,proyir1e Formatted
na M_
a new Surety, Othin rhi=7 (30) days after notice from CITY
-t: lot Deleted: Entry. GRANTEE
any amount has been withdrawn l7rc)m tine :iurer.y.
Formatted
SECTION 11. FRANCHISE TkANSYERAWK; CITY CONSENT REQUflop! 7, - ' - ' Deleted'. written notice rm •
TERMNATTON BY PRA Y71A ...........
------------ Formatted
01 Moleted: anern; venue. The laws
•
Deleted* p delivered
A. ORMBEE mcol no- convey
_s�
Formatted
hvpothecate, oncuMer of ot he E,7- s e transfer
"Iransfer"),
or dispose of
(collectively this Agreemeit, the
f ranchise grant-e-d Deleted: to the extent perr
under it or any under,ij,inwhole
righl; 21,Qties
or in paoq iorma&d
-Cfit-y�-s --prior
whotheF valuntarfly or invoWMARlyj without
the
W r 1 V ten consenL as resolution
3.s.i:�, n y j r
of the City
, ,
QQRy1T--- Any - dissolution, Mergert colsaidition, or other W r IMMU0. E. Law
reorqaniZaLion of GRANTEE, except as provided
t 011
W SECTiON 17.C, Of
i Formatted
gale of c,the r transfer c r ;hat gy,j
n
cchtrol of stockorother
-ovinersh — -2r.
c5lifal or e-quity Formatted
Formatted
and, at the MY ..1.. h- will
Wernsts in either or both of
Mem, ur any sale
or LransEer of
01 Moleted: anern; venue. The laws
(500 01 more of
Qe value of the assets of either
Formatted
or both of them shail be deemed
a Trar..3fer of t1nis_Lc
-,err.crit, the
franchise - ysn�vd uWar in ur an`.- - -- WIPLY or dMeS
urJQr it. My
...its'
Transfer or Acempted Tcansrar
of 7his Agreement,
thetrar.c.-lise
Formatted 7. ii-
granted under.. it or WZ KI&I
or Jurles undor it made WHOM
E.Y. qjyy�S COOFeIL Wi � I be a nwierial
nreach of
WsAgreement
Formatted
and, at the MY ..1.. h- will
be nji 1 and-RAZ
IC6
I ".,Formatted
B, j PKY! 1, has no obligat iqq,jq,gj we i�s cqnjtjj.
r. _ �,j _ �� ", � 1 Deleted: F. Fees and GmQ
transfer of thi tr&Echil—e-g—ra''nt*e-6 cv Nis Agreement .f the City
qi Ves 1 LS consenn, i V may i npoL;n �nndi i ions, Lnuludinq, without Formatted
1 W :at ion, ri rg of yweydq�,-jl.s :.hi s Acreement- 'Formatted
Wi � hcut
±n—W"W Lts cOns", t"Ir' PfOL'OSQ Deleted: a" annually
trans Earwe of Transfer rjsL damonsLrate to the C. i Ly, s
Latisfaction that it hay he opeiationaL ana financial acility to Formatted ...
pyLfor m QW-1501-6f this Agreemont. F.Tated
' Formatted
iC. GRANTEW s internal reamanizatien snail
Lai Formatted Formaw rL
Deleted: H. IdentifiC
Formatted
September 3, 2002 31
I I-ForTatted-
Deleted: (1) GRMC::jj7W
con' i t.lite .a I- t any C P ',I t T',' ri sent the
r o o r a a n 1 a z i c n is 5 1.j j I I a: I F'rior to any i n t e rria 1
r (I'al I i:� a '_ j. ()I I An internal rCl) "Q 71 L V.a _ i on '. ric I -.1des any -hari( - ie
I Formatted: Font: Courier New
in conr_r..).! of of the v,D1..ing �;'.ock- rrv�ouqh �_ts to
.... ..... . . ..... ..-. -
'..I Fo ..Mtted: Justified, Indent: First
ar-. affilia.`e c-f CQ.A'T7_'-_E, or by cperaZion of 1�-iw. Any reqIC-St for
line: 1.
.
i r, t e , r: a -1111SI. SLJYMLt.i,C'd to the
Deleted: (2) The GRANTEE
:-�Htv r-fanaqer, nc Iless tnar, one 1-:1.indrPd and twenty (120) a a,,, '9
shall provide a list of current
r i f.)r 7:0 t'1! pi:-op()sed e t f C. C t _ dia t C 0 f 1-1 e riterrial
employees to the CITY upon request.
re'.-irqan.i zat- i.on. ,hill f-z!;mrtirse -or a o s
5 o rejiew t:-,& rer.],�est and �o det-,�.-rmine it it. is an -1-i-trernal
Formatted: Font: Courier New
cit.y's cxj "ISC-s May illcll'dfP' Hilt a 2: e _lot. I ].r- L e d
(Formatted: Justified, Indent: First
Z a f f C i i- At L o r 7L ey and AC'C:�,) J rLt-- -i 11 t f*'-� e, s Find Cos t S .
_y._ __
.
',' :1 lin : 1
Deterrr.inc3E__:_6r.f)_V �he Citv Manager shall be final. Anv . catzempt to '!
---
without L h('., cunser.t O` Cj'FY
Formatted: Font: Courier New
s i;2. -1 c on s J t t-i -' e a it a,� e r i --j I b r;--? a -C: h L.,kis Ac -n,p lit
...I Formatted: Justified
--- - - -- - -- - - -- -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - -- - --
1 Deleted: I. Employee
D. , Righ4.s City I n E,,,, -, i i i: C' f C r'.� ai 1) Mi sconduct. ;
I I
Appearance and Conduct. I
N(,.tw,jthsta-idir,q an%lthinq in --his t, the contrary, vrte
Formatted: Font: Courier New
_Aqreement
,-.itv shall have the righl: tc terminate, this Franchise Agreement
if any offi-cia.1 of GRANTEE, or ary associated firm or entity,
r.'! Formatted: Justified
inc'uding but: nl:;t limit&�-1 to, any parent or _qu_-sidia.ry__company
Deleted: (1) Employees of
i jvc) I v�_, rA w i t h t 1,.c2 pe r o ri-aanc e or' adrii nistraticr, of rhe Franc"nise
";`1 GRANTEE working on vehicles shall
Ct_,:�,i I Jr I e (I u : -1 y no].c, cc;nt.ende.re L...)
wear standard uniforms. Each
a feicriv rela 4n tc; -his Aqreevnent. In adait:ir)n., at: she reglest.
emp4oyee shall wear a patch
displaying his or her first name on the
of th Ci,ty, (_TAN'TE:;;, shat _- ensure any officials c'-- GRANTEE,
i front of the uniform. All employees
i Ls i e n -_ n r s 11 b s i d -," a r y c. 1,n iy r, f ci.als w1io aTe convit: ed of,
who may make personal contact with
- I ___' , ___ -, ____ 4 ------- ----- - -- - -
rDr rlead quilty Or !*jc)_LO coil tc, . a fc-lorly w lr trle or ncit
I customers shall maintain at all times
as clean and neat an appearance as
the : id lt i i'l s t r a t i c� i i c L� i r: r em .meat) si a e m e i
" ( I a U
-
s possie.1
b
Cron adm:. ni s L r,4a v(, ma n a ger a L r. r a c v s rear 1) , L 0
Formatted: Font: Courier Newer
Aq r eem ent
Formatted: Justified
E. GRANTEE mfav terrrtinatk�- his Arjri�-errtent only upon k)ne
Deleted: (2) Employees
--!y
hl_-.ndred cirghr-y 183) dciys r_--tte:l r,c)--iCc- to
shall use their best efforts to avoid
causing any disturbance or
interference which may annoy
E CT 10N 18. VitAVH' TRANS F'ER -'FE_
customers during the collection,
transportation, recycling, and disposal
A. An',' a a n Or f r a r', s r a i i S I- r, S I I Ej C
of Solid Waste. Employees shall
ma:jr j n a r.1 t,�-J I)— t t,, Kam�3F'Y'. 111•? ar"''Jca' Orl
receive training to identify hazardous
materials which are not considered
a_ L lllcl -_Ijc a rj 0() C', t!�, cover ti -,e 05�: ir u.- e cost� 0.
Solid Waste and, therefore, may not
ex-)i_,ri ses, i ri:-,: I u a I r .-3 Sr_aff'
be collected, transported, recycled, or
,7(-n c-lil t ants' a n (i at t r t-- E. ys�' , r e as r. a n k � r red
disposed of by GRANTEE.1
_%,, �� t no a p p - .-ty ccosts -d by the
':id��:*.�U_;itol arL-�tlN 1 ca t r) F. A'
J. Notices. All notices
c) 0 h 1 k, F r r n hJ rse A 1-y In the
required or permitted to be given
r i t h z'i t t: fie C_TY C, 0 3't,-. r are le 5s t: an
under this Agreement shall be in
RAN T_F E
writing and shall be personall y
delivered or sent by United Stat es
certified mail, postage prepaid, return
B Upon ppr(7,vFe,d1_ Agreement,
receipt requested, addressed as
_,]RANTEE
I r) a v c, C ' T, ra r, C: r. aau'llilt. C", .0".0 or. j'Je
follows :1
e r, ve ri', I r t- 1) P a s L. t ,-i (? 1; e M,,- ri s
Formatted: Font: courier New
Formatted: Justified
C These r r a rc 'I i s2 tr a i-r t e i, f, r P 3 e1: ,rid ab)e
Deleted, To: City Managerl
ri tLis Aqrcem, :It ard steal ri.,Dt
City of Moorparkj
799 Moorpark Avenuel
pas`;e.d or _2 Fe.s i., j C" r: t . a I e r. R (% C I- S
Moorpark, California 930211
September 3, 2002 34
D. The amcunr of the frar,c•l,ise' ranster fee shall 'be
adj lsted annua =1y at the sar,t - :arc :cn :a . :as t the annually apr_r�,ved-
customer service rate:; under this Aoreener.t.
`
-- ------------------------- --------- ----- -- - -
i _ IOPI -19. _IMnOSITI,DN' OF DAMAGES 0. _ERMIIdATIC J_
-'
A. If at ar,k tune the Cite Mana!1er determines that
GRANTEE Is peerfo7Y -i ;3 _e r)Ursuar :�: to tl':i.s Agreement has r :�_,t been in
( n'C+rrr,it iy Lite �' OV= ions L this Aareemerit, t :he
_With
requiremenrs of Title n, (,ar?tr'r :b, re "Ulrel(Ii1r1t5 Of the
al fornia Intecjratr_'d Waste Hariacerrient. Lo"r'd, iricluding, but riot
I ilru teJ to, requi _E,inPi - ts ` ;r sou r re:iuctio , end !:PCyc. Linq or
arty other applicable federal, state ) r local law, rule or
_
.f
e?, lat_ ion, includina, t-ut !'lot. I ir`t'. t ?,J to, the ' awS COVE rrtl.nC1
transfer, storage or disposal o- Hazardous Waste, the Citv
Manager may advise.. GRANTEE in writinci of such defi..._encies. The
'it:,,/ 1.1anager shall, Lri slcl w i -.ten i .stniment, .set. a reasonable
tiP.ie 'rllthln Wh]Cn c- rrect_ion of all such deficiencies is to be
3. ,(Inlrss otherwise speci fuel a reasonable tune ,for•;:
:orrc *e - tion shall pe nth i :ty ('�U) days frc,ir the ,rec-.eipt k;y GRANTEE•(`.
of such yWri t ter no+. lh ` i i1ar._;1er ?h �] I rP +, iew
r'
e ponse and. rarer, the matter to he C-tv C_oursc- 1. The City
ou,iCil shall conSt.Cl_: sa]d spoti;( r:''t 'eater than si.X'_y (60)
days from! GRAT`TE_, S r_..r- t o. ,it, •iar.a er s writter, referral
and meake a detcrjri41iatior' oil tLe Matt '�-r within t•r:irt y (20) days
from It first. be :.iilc :) placed o-, the Ci:.y Coi:nci.l
C. , The Ci t,, G -uncil shall a_vc _F.i,7TEE, and any ether
' 'r '
j error rec 1_est 1 rid .he same, tell (1. lay., Writ_ en rot i c t- of the
time and pdace .'- t} t he? ing o cor,i -de-r G-F EE' , ap 'Pal. At
-- -- —
tL:e nearinc:i, the City Corn i1 steal: coils d_�r the pn! :L o €' the
11.• Myna er i ,di,-at i ,q t 1P +Jrf i c i?r s. .d s
i:�, a',hal c,ivp (,R)"CJ 1(:E,
r t
1r:d lt., rr�.L' :r- .,i.i'1_1t�.e5 .]....: ,:.1:1 ter lltter.'StLCl pC.r5OIl, _&
oun) = tr,ity L' let'' .`l. rd ..
D. Essc i on the c;ri�ier.c r rc :�c..it e i, -h• i _ ; c u:ic:il
,+
tca' etr,.-mi.rie lJ; r.;'S' :•1U1_'..Gr -. '•'ti'' -.} :c, r' C) r rift � - "Iis i- :�_`CC'.��h_r'.t.
•''
she - -iid K)e t_erm.lnated ,)r i,lc ?I'ld!iir l:!pcsed Gr is I- :OCice to Cure
•� '
ac•d. If, basc.'u up3ri --lic, tl.c ..it••/ Cour'.C:ii in itS sole
f
Formatted: Font: Courier New
Formatted: Justified, Indent: First
line: 1"
Deleted: Copy to: Moorpark City
Attorner%
Burke, Williams b Sorensen$
624 South Grand Avenue,
11th Floor¶
Los Angeles, Califomia
900171
Formatted: Font: Courier New
Formatted: Justified
Deleted:
To GRANTEE: G.I Rubbish 1
P.O. Box 6471
Simi Valley, CA 930621
Formatted: Font: Courier New
Formatted: Justified, Indent: First
line: 1.5"
Deleted: or to such other address as
either party may from time to time
designate by notice to the other given
in accordance with this Section.
Notice shall be deemed received and
effective on the date personally
served or, if mailed, three (3)
business days from the date such
notice is deposited in the United
States mail.l
Formatted: Font: Courier New
Formatted: Justified
Formatted f 1761
Deleted: K. Saving ... f 1771
Formatted: Font: Courier New
Deleted any reason
Formatted: Font: Courier New
Deleted held to be invalid - - --
178
Formatted: Font: Courier New
Deleted. invalidity or unenforceability
Formatted: Font: Courier New
: •. . 1 r I . i n . ;,, r '., r I hi ll I '1 , 1 S 1 n �
trr-1 h of any r((it" i i rJ11 )l, or t`lls Ar1reerrent Cr dr.' ' leted:provisionshallnot
m,,t _ial t)roVi_.1G.1 of .1i.y .j�rj,li -iL -1_ fide ra -, state, c;r' local _?w, Formatted: Font: Courier New
f191J
7
„] e o r r e qu i a i oi,, -i rid his no r'. hE e:1 cc r r ".:'. e. d ,' i '.'n I r h,:? Lme Formatted: Justified
"°. :'lflr..cl 1:1 tl r ....:1t�ti A.. �r `efiC:'ient J, --he C tv + of n.,il 1i1 t} :r - Deleted L. Joint Preparat r 11
i =�e1e �1 r ,•i, � :I�• to r �ir.�.tc ur h. i..h ,:l,ls ., _.
rrrnent o ircL se tl�ma• �_ , 1Pf :1�1 lcr•. , c) i ..i t r :o :.iCP Courier New 180
Formatted. Font J
K _
to cLr Trr ct( i ,i `r: of thc- J: its °:o.ir :il hall be fianl ar ! Formatted: lustirled m/
- --
c:or:r ll:sivc s r:(2 a i(�'r l.h r,yr :icmeri'_ -ia1.1 riot !,-Deleted: - T_
s
he t3iO'..1sF .: .iilr n i t[IP e _t +tt ;� sir P rI: Gr tG : }lc .,l t' :il1C C 1' s _
- -- -- -- ^ --- -- - -� - =- - - - - - -- y — - - -- '� - -- M. The provision ..r f 1 1
fl[lal Cleti]r]TI1R %a '_1 ^r, aS LC '::l', t}.e_r SllC:l: p� Tr )rlr:allC2 1 ^_,Cfi� :lr_'at, Formatted: Font: Courier New 1 1
- -- - l
" Formatted: Justified
September 3. 2002 35
September 3. 2002 35
!,. This right Of ".Prm' frar::iofi and t: apose damagnes 1S'1 ..- 3
ght c., .__. -_..._ l
in addition to any _,other rights that may e�:Jst pursuant this
jUreement of CITY ,Jporr a :ailur:e o` ,GRANTEE. `o perforrn its',
o 'l i gations unrlPr
As Agreem� ent.
� �Ir
F., T respe t iae c:f subso on "A" above: CITY fur-her
reserves the r_ ht. to terminate this Agreement ano lrn osE damages .rf:�''.. '
In t ha event of anv of tl:C fc_lo-.1 .I , each of which shall be 'ra,,
deemed a material breach of GRA'J r l 's otrliclations under this
:t
F!;rr�mAnt: ' '
(1) jf GRANTEE practices, or attemcts to aractice, any
fraud or deceit upon CITY. i
.3
e event that GRANTEE should become l r :ol. vent Y
:,r. rf C�roc:ee' inns in btir'. u; �-c�� shall be inst::ituted `,,J
by .,r _aaain�t_ .�FANTE or if GRANTEE shall be
r.ajldged har "; t�:�T ink ^'ven *_ - -b" any COurt ,. —Or if a
receiver or trustee in bankruptcy or a receiver- of
any property of GRANTEE shall be appointed in any
suit or proceeding broulht by or against GRANTEE, or
if GRANTEE shall make ar assignment for the benefit
of creditors, and during the pendency of ` 11
a f orenert or:e� !.;RANTEE rails to - naintain
W i1ce 1.evN S as required ) � TTV AC CPPmCflt �
(3) If G- RANTEE rails to provide or r:aintair. in full
force and e =fcect, the workers compensation,
i i abi ': i ty insurance coveracles or cash deposit as
d ;I
required by
this Apreement. ,
(4) if CFANTEL tyl_ anl._____orders or � 1
rulings of .r:y reg;llat o body having jurisdiction '
ovor SPANTEE diroctly relating to the cerformance of �
iGAn,.l` -'F's ch inatrc ,_, err ay hi.s AqreemonL. provided
that iRAMEE rr!aV =Q sy any such orders of rul ru,s
by al r>r p i jee proceedin js crnducted in good fai.tl•:,
in whip .yy pq breach c_ : hl. P3r.eemgnt shall be
deF rr.. r.a ✓e nc•: W ed A f Ass and un _ e 1 t1 rP is a
fn;ei adl'.r•lL.-atien 9v ^t >� kANTFE.
(S) IC r;C W;E; C: C_ s:_ j ; ^]aSLe
-- — —
•_oi le_ :•'_r',q s:. ::: � s, _: ed under this . <s r, :3- :eement.
-jver at t a s'a :,-:t.lr:. QI porLion cat it I�'ranchise
Area r a fir; iod W l
,•rel:e arKinci from in ovenn of Force b[a;�ure
(6) ;f GRANTEE willfullY _ai_s to make any payments
i.Irc:d .iri,,jor this Acirecment and /ur ref,lses tc
proyi cue- CITY wUn required - i nfurm ion, repo f ts
September 3, 2002 36
,
DOOM: N.
Deleted: Contract. No waiver of
Formatted: Justified, Indent: Left:
0 ", First line: 1 ", Numbered + Level:
1 + Numbering Style: A, B, C,... +
Start at: 1 + Alignment: Left +
Aligned at: 0" + Tab after: 0.25" +
Indent at: 0.25 ", Tabs: 1.25 ", Left
Formatted, Font: Courier New
Formatted: Font: Courier New
Deleted: provision of
Formatted: Font: Courier New
Deleted: Contract shall be binding
unless agreed to by
Formatted: Font: Courier New_
Deleted: and
Formatted: Font: Courier New
Deleted: and executed in writing
Formatted: Font: Courier New
Formatted: Justified
Deleted: O. Captions and
Headings. The captions and
headings of the various Sections and
Paragraphs of this Agreement are for
convenience and identification only
and shall not be deemed to limit or
define the content of the respective
Articles and Paragraphs hereof.1 y
Formatted: Font: Courier New
Formatted: Justified
Deleted: P. Duplicate Odginals.
This Agreement is executed in
duplicate counterparts, each of which
is deemed to be an original, but both
of which together shall constitute one
and the same instrument. Tf(- �1g2
Formatted: Font: Courier New
Formatted: Justified
Deleted: 0. Integration. 183
Formatted: Font: Courier New
Formatted: Justified_ _ az
Formatted: Font: Courier New
Formatted: Justified z
Formatted: Font: Courier New
) Formatted: Justified
Formatted: Font: Courier New
Formatted: Justified
� Deleted :•m�����'
A
and/or test results in a timely mary;er as )rovided
in this Agreement, which is not corrected or
remedied within the time set Q the written notice
-of t lie Ea! I u re (or' such add i L i C, T L a I time as
reasonably required, r.: Cannot reasonably
correct qrremQy,A"t,Qe.ac.,1 wir-hin the t_Lme set.
no ice l r,rovj ded that 'G P. A N T E E
common .,es to corr,cl,arrevedy such failure within
tie time sot forth in such notice and tL_Lge: LY
pursues such correction or remedy thereafter,.
(7) if GRANTEE fails ':o anKieve a 500 diversion level.
For the waste stream within its i-'r a ric h i s E- A r e- a-
WITIted _s Agreement
and mmercial
Agreement as a result - of — its failure to make
reasonacle efforts to mazimize diversion in
accordance with the terms and conditions of this
Agreement, or is in breach of the requirements of
ENMM 1, SecLi!:,r, 5 aY.ed to waste diversion,
following a determination by the CIWNIR or the City
that: the City has failed eDr will. Call 1-0 lne.et its
Vversign anals. GRAWEE shall have an opuartunity
Lo ouip His Vill? 1 A o r-o — ac Fi Within file -
t i M,
AWAR- by -the -C WMB.,--- _'_
pr_�.4_tytas pc__rppriate. See
_!L r
also SECTION 22.0, below
Formatted: Font: Courier New
,-Formatted: Justified
4 Formatted: Font: Courier New
Formatted: Justified, Indent: Left:
0 03
r
(8) Av of act or omission by GRAY-EE which
ma t e r i a 11 y violates the terms, conditions or
rte y1pevents - Of 30
the Act, R any order, al sect ive, rule or regulation
issue; thereunderf-i-and which is - not corrected - or
Amedled withinthe time writtP n n_o -iice
r1n�.t re so�,a 1,)
or, _f •
corlect Or r erriedv t h c h,. r e, -a c i thin the? time sY
fc.,._:tL in such notice, -,r _f GRANTEE siould fail w
aammcnce tu currec or rcmady sLch violation w0hin
t.=,e L,_.ne set Mrih W such n.oti.,:o an; diliqentl
e7fecz such 2orruchior a, WTQY,jhy;eaF LP. r.
V _14juid , at - d - 0 . ill ze1P t.
-------- --------------------- - ------------------- --- -
d GRMUEE agrees, that as of the
'u__ __ " _._ __ ___ ---- ---- ______________..__ ------ ___
- l , e f this Agreement by both
time of 7hp e x e c 1,7.
part ics, it is impractical, if not inipossible to
re: 5onablv ascertain the entent of damaues that will
be incirrcd by CITY as a result of a material breach
bv SPANTEF M Us obliqa7ions urder this •lreemem.
Tim fac4ors relating to the impraULsabiMy of
chi cerL Lging
not ji.r.11ted
September 3, 2002 37
",_Formatted. Font Courier New
Formatted justified
Formatted: Font: Courier New
Formatted: Justified
to, the fact that: (i) sut)staritiai damage res--ilts
and cj'�privatin-r-i of -0-, of this Aqreernent tr.)
(iii) fte monetary loss resulting from denial of
services or denial of �71-ialit:v or reliable service is
il[LP.O�F.Sible to calculate in precise monetary terms;
lihe �.erriina.tion of this Agreement for any
Formatted: Font: Courier New
Formatted: Justified
Deleted: CITY OF
MOORPARKI
~
-�-
'.'
(2) I8 i Coi-incil may, at
(3)
� � i this
tbe Loa Au i An b i ni ide metroro.-Iftan area
scldi1,ior.^ --tie i ma order ��e cecmi a�i nt
�his �gzee�e�t cr yt..hec reoeJies a ailable ry l
CITY f7iudo a-id k ' d
all of 2-he Said l d c^U rjamaties
CP,A'.,,,T-E shall pay any 1i,,-tiida1ed_ damages assessed
t'ne Ci�y Couric-il with4ri ter, (101, clays after tL-ey are
assossed. If :lie,
��- orlo,r
I Formatted: Font: Courier New
Formatted: Justified
.'
Formatted: Font: Courier New
Formatted: Justified
September 3,2002 38
SECTION 20. CITY'S ADDI7:0HAL REMEDIES.
J11 iddition to the remedies set forth in SECTION 18, abf.)vE.,_
WIVY shall have tne following rights:
A. License rher Solid Waste. Enterprises. The right
to lice n
nse of -.,.hR services otherwise t C, I be
der d--b---fffjTYf,--!n the event ANNAQ is in rLaterial breach
of its duties
B. Both parties recoanize and auree that ir. th,�,
of a breach under The terms of this Vreement byG3?PAVVTEF,
may suffer irreparable injury an! incalculable damages sutf
to support injunctive relief, to enforce the provisions C)
Aureement. and 7a enjoin the breach thereaE.
event
Lent.
this
C. City's Dwu.aaes for Failure to Achieve Diversion—
Go a., s GRANTKE aqrees that its failure to achieve a 50''-
r s i gn
d stream within its Franchise Area
collected under this AqrE'.Qr-LeT1 a fn(- Conacercial Aqreempnt
ari sJ. ng_ from its fn lure to make reasonable efforts to maximize
diVeYsior. in hi
C� -1 S S
Agreement, or its breach of ;.tie requirements o= WiWit 1,
Section b Wawa to waste divers i qn,,jQqQ,be a material breach
Board were to Wnuse adm&is-rdti-ve civil penalties against 'City,'
the City's dana7,in.-s for '7RANTEE's material breach in its
failure to achieve the — diversio—n -goals for the City within its
Franchise Area as reguired by this Agreement, shall include, but
not be limited to such administrative givil. penqjq?ty,,Qt2rney1'
C - --S—r�d --- -*----
. 0. S t a. and, City's staff time devoted to the resolution of
the administro0e'er qivij.pem
ECTION 21. VOETS OF CITY DURING EMERGENCY.
A. Should (,RANTEE,fyr any reason Watswever, e :c e:; t,
or existence o: aEy A the events or yondWons
set torth in SECTIQN "Force Ma e] pelaw, fon,p, pqti(.•c.t
ve
-)f -.e, z), hc.�Ijrs' refuise er be ui-;ablo
col.qu a ma�erial p2r0pnor all of Te ResidenLia: SWW,Wxvo.
under as ia
KnA6, Residentlaf AQW-Wasib hoWd-AcKATTIT in 0 t to TWE
ar wxLent,,)n_qnch a nanner, or Yqr s.,ch. z ime tha:. t.h!
manager in one relsorible exerAse 61 VACIN -Ahnager's
discryLion, sLoold Pnd hKaL such aucumu:niun endan-gers or
snknj or wol fare, then Cikv shall
have the riot to ccniraon with ancther sclij waste enterprise to
collect and trarspuni anv or aA Fcsideu:al Solid Wastu which
CRANTEE p_qb-ina7ed t no transport ;0
"his
560denfial Agrecment, hu7 which SPAMTEE is unable K-0611561–ard
t,vnsnw,L. shat] (24) hc•ur.s orior
written nozice to CRANTEE during Ine such me
Sepiember 3, 2002 39
Formatted: Font: Courier New
Formatted: Justified
Deleted:
By
Mayorl
I
ATTESTJ
Formatted: Justified, Indent: Le
0", First line: I", Numbered + Level:
I + Numbering Style: A, B, C,... +
1 Start at: I + Alignment: Left +
Aligned at: 0" + Tab after: 0.25" +
Indent at: US", Tabs: 1.25", Left
`Formatted: Font Courier New
Deleted: Clerk
Formatted: Font: Courier New
Formatted: Justified, Indent: First
Me: 1"
Deleted:
GL RUBBISH
Formatted: Font: Courier New
Formatted: Justifiedi+
befn e connraczina c• I h another solid waste enterprise Lo c.ollec t-
ar:d transport any or all F.esidentl-il Solid caste which GRANTEE
"Iou'_ :_i otherwise cc -lost and t I _ -t pursuant to this
Residential Agreement, for the durat .or. of the inauility of ``Formatted: Font: Courier New
GRANTEE to provide such services. I'n such event, GRANTEE shall 1Formatted: Justified, Line sluicing:
ide_]tifv sources from which such substitute Solid Waste services ;single
are immediately ,� –1 1a le, :roil ha l reimburse City for all or � Deleted:
i
its expenses for such substitutt>_ servie:�,s. BY —1
GkrIIiI:E: will- assist CLty 1't he event of mn;or Rs
disaster, such as an earthquake, storm, tidal wave (tsunaml) riot � ----- SeCOM8reak(Contlnuous) ---- -•
by prC:Vld.l iC7 CO1 CERTIFICATE OF
Gr Ciy.i1 di.s;urbance collection vehicles and iACKNOWLEDGMENTI
:1ri.r:F'.rs normally assi_ilnefa to the My, at the Conmierciai rates
provided in EXHIBIT "G" GRANTEE shall cooperate with City, • Formatted: Font: Courier New
county, state and federal officials ir filing information related , Formatted: Justified
t� �, rrsir_•nal, _ate or federal_' y -Ceti larpd state_ of er,_lergency_or Formatted: Font: Courier New, Font
disaster as to
( color: Bla_ ck
_ psuant —_s
Formatted:Justified
SECTION 22. INDE INICI CAMON AND I SURANA. Formatted: Font: Courier New, Font
- -- — — -- -- color: Black
..- -- - - � ----- - -- - - - - -- --- --- - - -- - - -- - -- - --- - - -- - fFotmatted:Justified
c= F'AVTEF a• re:es ghat. it stlall. ir_�t.eCt, d'_�ferld, 'nci�anniy anti
ho I n ha r m l e s s L I 1 1 s e l emed, of t 1Q, i ri 1 S, o f f C e 13 r__ "'.E l�'P. P_ , t Deleted: State
!t 1'ant�E.r� aI]d cCI.I t _rent ire 'ad�1nst any and all I osses, Formatted: Jdied Indent: L ft'
J ibL1ities, fires, penal ties, cla ms, cl'Irla es, '_rabili ie Or 0", First line: I" Numbered +Level:
I`– gments, 1nCludinq ratt -rneys fees, aCjs..nQ oiJt of or Ie.t.k104 �1 + Numbering SWWA,B,C,...+
ir: any way frorrl City''S Grant of this franchise to GRANTEE or iStart at: I + Alignment: Left +
GR tNTEE's exercise of the franchise, unless such claim is due to Aligned at: 0" +Tab after: 0.25 "+
the sole r ' : ' c Indent at'. 0.25 ", Tabs: 1.25 ", Left
o_ at 1`• r r.e�l_igrr P � r willful acts kr.cwil-:g W
io.aEior; of _aw of _
o f , Formatted: Font: Courier New, Font !:he i t y, _ t 5 1 C t e 1 ,
�ar:ent of or.trtic_or�• color:BWcdk
, Deleted: County of
A. GRANTEE, upon demand of the ; ity, itade by and•„• ss. On this _ day
rYro.�aY the :i ,t.t7 rt:, hal' r r�; t lt.1 qnd a 2eI in ar.d or ,in
r_ _._. __ } _. _ .__ _ _ _ _ �J _ '_ �_ _.
its ec n F
.lefFnd the �.` r.y ...]d lt_, e_._..ted .. _fl._la�.S Jf_1Cc•r employees ', j Formatted: Font: Courier New, Font
ar.•:i aaen`s, in any claims cr actions by third parties, whf'.'-her color: Black
1111 1.z1, d[I ini rat iv ^ or r:]tY'Hf,'1 ,_r :nc'l 1C11n9e bUt ',C't i1m t:P.d_ Deleted: year ,before me
tc dlsl'utr'S An _ltigatlon oy!: He d firi_lons of SO 1C1 I,dB t° "` personally
I.
or "Recyclable Material" or the 1 imils of !.l y'° duihor'ity with 1AA appeared
respect to the gran' of 11 AI:Sc 3, ^L igrc el en S, ?X 1l:S1 ¶
personally known to me (or proved to
otherwise, assertinq rights under 702 d- .)_I['ant Clause or + M me on
an',' otf:e;r fedora" or slate ': aP:s, l t Lt:d nr„ but. not l smite i tc t Formatted: Font: Courier New, Font
r-l:e - caw s :7inil ° is r it preeE iption under the Federal
AD! A lOr, ANnini t u* o:'1 *1 t for i z&KoI Ac Gt 1 9 a'i r ar t/ v Yit'r
last i L h L PS iH t. ::O t `ie ro Ste' 1 o .. C d Waste se: v 1 Ce : , :r]_: es
Deleted: basis f setlsfact ry
_ _ _ . — evidence) to be o 0
ar 1 11� ir.�n i cnc z; [ flat ol, or 1 r rri11 ul miscor nilct . >y
_ - _ _ _ - _ _ __. _ — _
1'h.t� l;r'ovls:or: shal. = Lr�.,.I ✓t_ the Expfrat 1 u of tt:c Formatted: Font: Courier New, Font
-- color: Blade
peEA �ci dun n l which of Lect_ior services are to be p OJ_ qj rider �.� _ ,_..�,•. �_
– __ _._ I _ _ __ - -- ( Deleted: person whose name is
t.l i,Clrarl._ir�lc Acrrt_�- .nec.t ley 'an.i gr ?�:T � �qre� to �cnfer
following any _:_ [ a' to Yee' de ja i r i l'y whether t :o appeal or to i subscribed to this instrument and
tie 't facknowledged that he(she
appose a[nyappex. l ] eve City and GFP11E c ntly actree
cc a[y t aliree to FOrmatted: Font: Courier YNew, FLL o-nyj t
appeal, or to 0,1000e peal, C7, a � d
share: equally t_r<e c,sts c,E ,ppenly. Should either City or
color: Black
Deleted: they)
September 3, 2002 40
G RANT E F C c I
G ie i'de I � o a a I , c r t,o oppo��e. an_ a ard the c.her
------- -FE
,ie-,:. c. not to appea or to op,:;ose ar; appea., the pa c
c9 ;2c:i_:Jes -7o ar-peal, or to mppr_•se an apj:) , shall bear a';'I. fees
ard cost�s c,f. '-he appea.1 or the oppo..slti.,-.n to the appeal., Formatted: Font: Courier New
CITY sisal:. indemnify
u
B. I r, cl emn.i. f c ion of
a r. d h c, Id G RA NT E E i �: S t 1 4 c e s c. i r e c t c) r s emplovees and
_F_ __Y_dle_i��_
0 —1 a rm e s s f
from and a a a i yi t ar. y and all 1 a bi 1 i t I' e s
(jal, q,
J Ej 4 M
of f -..a- C C
Out not limired to att-orne:v's fees anci costs
i r*: c.1 r r, e a 3-11 co n r L e c r- i,,, n v:i th de-rendi rg against any of the
ni
(jr in indem. LYLarisirI('_ out —or or
jag__
ies'..ilting in any way from GRANTEE's ezercise of the Franchise,
but. or.,.y if dur: t.,-. the S(Ao r'r active nt-;jI..-'_qence or willful acts
of CITY, i!:s rf f 'icers, or ajents.
C. HazArdt"is I iderin j ficat ;or. GRANTEE
shad protect anc, hoic, narin.ess City, its
elected officials, officers, emp1cyees, V01UILteers, agents,
as . . s - cssors to City's interest: ffOrTL
ar�cl any SLC�:essc,, Cr or su,-,,.
anA a"4ai-- l-'-s---- alL ciaims, actual Jairt,
jes 'inc-uring but not iim'ted
tc. dartages' , natura-1 resf.)urces ciarrages,
u i i C 1 v e a a ma. LE.:. s , i ri U I- I (I S I c ('.'3 t -S , res,,-)orise, rented: a L i or. and
lemoval costs, iCSSes, demon..,-, aeots, _jer,S, I i a 1 4 iities, causes
-
U1 ucti.ori, su1.t6, legal or nrc.cccoirgs,, interest,
char: es, ana iii:c__-udiriq but nt limited
_0 att )rneys' andJ w t r, os s fecs, and Costs iricur.red in
deferJirq ary of the fc ricl C, f in
irmerr.rj._-'.t-y) of ally k.'nd ii.rharsoPver paid, I n c u r r e d
c, r suffered L) y cr asset -ed aga_nsc, City Or its elected
Or �7 Z
(-eri-- ri m
r dez,(_;xification, or
r a . t. r b ,, t b, I e tc; anv ye pair, cleanup o
preparation and imp 1 eryte ri ta t i on of a r y removal, 1, r e m ed -i a 1 ,
or of whe.-,.her urlerl-ak-er,
'er
a,ion) concerl'11'1c� -.I!l '1�
J G e _iZiar-dous-waste In 31 "1/
. I L o J .,v _"RIIIINTEF f).1 °'S I -_o L 11 : s C "wrtl_ r;_"! a I
:S or t) ri i. r e(1, t. r 6,-.. 3f e r t EA,
F r s 3e d, '3--ored, disToserl (7,t nas c,-wher-wisE:.• cl-Ime 1:0 ce
C:r 6 ,_,tiv: t i es pu rsuall t u :.his
i h�! e with
3 t- i c
I L, i ime, n: 0 1 r. I 1S I app
t: 0 a.-Ij I. c. c i I t y w I I Ch S j t I.;' c I C., I' * 6 e
the of h E, -,"t:v, i xce s i�.-
z t c) h r, e s
:and if :,F
r�a- t c d v -,At,'TE;-- (;r ar.
D. I n t ei ra t (A Wa 'e M, a n i r-.. r t: Act I n -! e r: i i i r ca t. I r)
-'a i f 0 r 1*11 �i
�;RANTEE d e e s mc e t t he 1: f �, CI LI r I r� t s o h e. C
Y !on
'
-
n -J Re c v c1 i n q 7 1 e 7,,Ft n t S R P. E and -,(7. ---,:,ke reasonzat.lim. of ort_s to
m.,,t x m t e c r s, i c: c) r j a r):-.-. c., -w 1: c r c rms and d 4, 0 r,
Cif !.['.j3 AQr?r!11Pn*.. i t.s I a lure I.-) achieve a
S _evci for WithIr, its F.r.aric'm-lise
L C, (1 11 ra C, r t r- e er,,, r a r, d L 1: e e, r c 'L a I A ( : r c a i,,ic.
a. i z: i 1 1 q fl - cm i I f r e t,,.) rake Chas :. ri a e P. o r, *.- s to !,n a z L.-n i. i. e
September 3, 2002 41
diverskor. in ac,_-:ordance v!i-;.h the -.-Prms and conditions of this
TF
Aq reemerit (11: its U—rea-EF --r--;-r- :he requirerierit5 G E� X Y6 I
S reIaL d tn waste diversion, shall. be a material breach
of this Agreement.. In the event of a by the C1WMB
or the City tLaz the City has failed or will fail to meet its
diversic,r. goals, G9ANI'EF shall at) opport-unL,y 1_o � u r e the
material breach. See also SEC-- :0'11S 20. F. -1 and 20 C. In
acid' tion, suL�Iect tCi the requiYomerits of Sectioi.-i t159.1 of the
ic Resource Code, GRANTEE sl•jal t. e. c- deferid, indemnifV
. ... . .... ---- -- _pr,,
"Ci.t}__ harml.ess aqjains-, Fill fines or penalties imposed b-
the calif-urnia irt -e, : Management Board in the e✓er,.t the
Irated. Wlast
diversion goals of AB 939 are not met i ttiit_ CiLy of Moor ark.
with respect to the waste sz.reani covered by this Agreement and
fie Ccrnfnerci�i Aq i: ee men or' G R j't t YT F. s delays in p rov i di na
lnr m a t i on ,.recent C J ty f rom s 71by: j t i ,ig reco r L s, required b-)/ AB
539 in a timelv marii,er.
E. The Ci. tv shall ne included as an additional insur
or! each of the policies and policy cy erioior seine rit s Notwithstanding
anv i r� coris 4. s r- en t staterterit--s in ally e j
f said oolicies or anv
endorsement attached thereto, the protection offered by
t h�_, 1-6 c--i e s shall:
1 ) Nalne the City and u t cor" employees, �ervanl_s
and acier:ts, as a, d d i - n a i insured with GRANTEE,
whe t 1, o r I izzbi -:y :. s attributable to GRTI_•TEE or
i t- y_
2) lnsi.r,' t: lie t n d ff. P a -.s rs and errz oy es,
se_,vants ands agomfs
acting ii-i
the scope of
,executed
OLC: i r di. L i e s undo r-
tt to I s A0 t
acia i nst a 1
Formatted, Justified, Indent: Left:
c1 ri i ir s, de-na dania g e, 'I i ahii s
i P
I osse S t, S
1.2", Hanging: 0.25", Outline
or cxperises arisiriq
,
from, or in any
way connected
i numbered + Level: I + Numbering
1 Style: 1, 2, 3, ... + Start at: I+
r-F this Aqr;�emerit. by GRIM"FE
Alignment: Left + Aligned at: 1.2 "+
of 'Le C-ity.
aver, and n o n 7 11r r o. r. t wi th,
such
' Tab after: 1.45" + Indent at: 0.25",
!Tabs: -I-, Left + 1.45 ", Left
i; e,n r -'I ri
E. `1 f S a M e r. t -;r a y e
a t t a c 1: e d r i de r, •
,executed
'o y -:i ,iu I .,, c, u ti.o r i z ed off C: of
E. ? i r,
l"') 11 85. N"
Said Erdcrser"
Mpany, t,lierel)y it, j s
iha-_
j
pfcrides
r�)rirnary
a-id, tacit any
ether
0,.at -may
t.,) C+he Cli.y
sll-�i' Ll
e t? \ c ess
aver, and n o n 7 11r r o. r. t wi th,
such
p�, i isLy
4 )
F ) 1 . ()V icie
e i t.
"Ii 1- 11 r I , 1: L e C.. di
S 1i ; t i t 1_1 t t a r - :i a
'O f-Orr, (G
C "LL-L 1
l"') 11 85. N"
Said Erdcrser"
b%,
a d%11,
efIf cer the
f ox1i ra t i,)-i
V ... st-c-iij _p.rovide
or prrp�-)_ed carcell
that in the everit
a SUIC.11
for I ,
_ .. ,
s o e v (2 r
_or
L h-� C i t y shat I be:
n if e i I-, c e r t wed ,
September 3, 2002 42
-4, Formatted: Font: Courier New,
i, Condensed by 0.15 pt
Deleted:
1 Formatted: Font: Courier New,
i Condensed by 0.15 pt
Formatted: Font: Courier New,
Condensed by 0.15 pt
Deleted: I
SIGNED
CORPORATE SEALT
p a i C1 re t- j r r Q t r qii f, s t- e d n,,-, L. I ess L tj a n 1 Formatted: Font: Courier New
t: I, i 1�t 130' CiLvs bc lore t he expi rEl-- :.-On or*
j Formatted: Justified, Line spacing:
(-,.a 1� t L c•n ::i e f fe(- t j. -ve
Multiple 1.2 Ii, Tabs: 0', Left + 0.5',
Left - V, Left - 1.5', Left + 2',
1 Left + 2.5", Left + 3", Left + 3.5",
5) Con Fist rit et s1 1 c p r OV L S lots 0 f- L h i s Article,
------- - 1 11 Left+ 4",Left+ 4.5",Left+ 5",
GRANTEE shaij. _ p r i de pi.il-Aic liability—ji-nd proper�ly Left+ 5.5",Left+ 6",Left
, jj naqc i n r++ an I: a s f'.) I I W
r; Deleted:
FRANCHISE AREA
a -i a:'1 amrunt no r less tt-.an ten mil' ion EXHIBIT Al
o . - -,j - DECEMBER 23,19951 11 a r C� n n or) f, r i :�u r e s 0 r
de,ath to any caw pers,()-n, and subject to the ,J>Formatted: Font: Courier New
same i Mi t a t _4 rr _Or e a Ch z e r, S 01 n Formatted: Justified, Line spacing:
Multiple 1.2 Ii, Tabs: 0", Left + 0.5",
($1,000,0 ") 0 . (j -:'I aC(:")L)n L r:N f any OrIle
C CU r r e n .7! e ; a n d Left + I", Left + 1.5", Left + 2",
Left + 2.5 ", Left + 3", Left + 3.5',
Left + 4", Left + 4.5", Left + 5",
i Le+ 5.5",Left+ 6",Left
b. �1 71 aina u, I !or: e s.,j L Y,a o -.,I e inil 'Aon ft
.3 l l a is s C, o (j , 0 0 .1)0) fO r, damaqet3 t. -rDellatied: A. of December 23, 1995,
Residential Franchise Areas are to be
prcipertiy on acc,):jnt or any or. P ecc,,i rrence • distributed between GRANTEES as
set forth in the Residential Franchise
-- - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - --- Area Map. hereto made a part of this
C n ainc) u, i L a -1 t w, o III n Agreement. However. as of
(;2, 000, 0", 1 December 23. 1995, and every year
of the Franchise Agreement
insilrelt('e r. +,,,r anv -r)rjE, - (-.1airrrit.
thereafter, residential customers shall
- - - - - - - - -- - - - - - - - - - - - - be split equally (5096150%) aL.. —�18 5
d 1. 1 c i es S 1'. 1 b e r i I-- L en c, r: a r-1 Formatted: font: Courier New
rler-i Formatted
• Deleted: Commercial Franchise
w: Areas (including mufti- tity,
:;Y PC t�Ll. r a r a r1871
i-RANT• F s h a 11 F.) 1 i (:,mp e r. at j c) n ' n s u r anc. e as r- eq u i r e Formatted: Font: Courier New
-, Y -:1he Califf.)rnia -;&c)r If any class of employees en-jaged, [1881
Formatted
LY G--�<ANTEE in wc)rk urde�r tlis Aqi-eerr.cnt is no- protected by the Deleted: I
Formaed: Font: Courier New
111.'? f e r s C-at -at --,):I i a -w, PAN E E 511311 -)v -1,�:je a d e -I u a '- e tt
s ra ri::i:' C !i he p rO r, t i -,rl. ..f- such a 1-.]. S fa C, t- i nn Formatted F—... -11-8-9 Tj
v Deleted: ...........
RESIDENTIAL SCOPE 76
- - - - - - Formatted: Font: Courier New
F i f i U-s+,1!*an�-:C-_ requirement-S P--C)V`d-e'.
he re j r Il x1 h-t? nod i ` i ed r J3 i i n -w i 111--, hr t* -r)unci L Formatted: Justified
up,:N n t 17, e re. q u c s t: r) f C-PAN 7 E F t",C� CitV Counc.il dc.--orminc-s i Deleted: A. General. GRANTEE
ITE 1]
.Lon I) r wa � per ill CITY shall provide for the coll!!��.. I I
91
9
rj:�; i d e ri n g a1 e -,, _jj t+. ',� C,' ors. Formatted: Font: Courier New, No
- - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - -
- -- - - - - - - - underline
G ri S U r a,-+ Co ,- e r a q y w r
shat 1 (AE, with t Formatted: Justified
th Deleted: Sinale Family Residential+1
r s j a r Pqli: -,ed .:JI-i.s- i,%oreelf;ent. . C Ly S 11 rlavp TFormatted: Font: Courier New, Not
c- r i cl 11 t t 0 re v - ew �3RANTEEI s ins'4.irari-ce policies a t GRAN E E I s Bold
11 1 - 1. . . .... . - ; , - - -- - - -- - . - - - 1 11 -- - - ---- - - --,
plac-e ��f busin,�N-,s ir'. r)r Los A.nciclee Countie
Formatted: Justified
Deleted: (1) Weekly Service. Once '
H --L ndemn i r -,* ca � i (7;n --* n Ex::� e s s 0 t r. s -..I ra n c-P C �Dy e ra rj e
-- - - - - - - - - - - - -- each week GRANTEE shall
September 3, 2002 43
The ho,' d h a r ri e s s arid i nd e -ii ri i. r a t.. c n r o V I S o r of 5 E C T 10 N 21.
_r
shall apply Legardlless of Wmnethor c..r not the insi-irance policies
6.-,. v e - I i Y.,-13 ion a d r e oinp u t :, t i o o
req.iired t,v 21 aL'e to be applicat7le to or
line: 0"
sl..ff'iciert to sati� '-- the losses, li-:hi'-ir-ies, fines, penalties,
da-Maaes, - or iut�,rimerits, includii.q attorney's
o f GRANTEE's
roes, describe- ai in SECTION 21.
Deleted: Upon implementation of a
Formatted: Font: Courier New
I. , N o ti w:- t h s:arid i r.q any inc.orisis4-erit statelnelit in any
1 Formatted: Justified, indent:
o f said -ov4:�raqes arv� E-.:� o r any_ s ij bs e qu en 7 Grid( r s e-me r. t
-Ii� -t -n-e- -r--e--.*o*' 'p-roT:eci:
First
line: I"
Ca-Che,E-
I — -� ..... .. the 1 on of f e re-6 the pci ici es shal ^A
Deleted: A. A. Maximum Set out
,wri" en on an -()cc!irr.�,.rice bas.-,*:i.-
Cavacity. At all times prior to the
aa—s
I.-
implementation of the yard waste
ON 23. GR,.!-�NTERIS FOOKS AND AUDITS.
collection program, each residential
residential customer, except
customer, except customers receiving
-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
A. ma-tnl�ai,, all. re- lacing to tl,(--,
i Senior Discounted Service, will have
the following available for its use:1
Li.-reunder, rcludinj, bxa'� not i i in i t ed c,
Service S
I
Formatted: Font: Courier New
-provided
G. -qtr lists, 1.) i 11 i ri,-,, re orris, col lection route
t G k S , cu ,.-) e
i ?ANT-EE; �3 I- Y BRA F. TEE nail 1,c z:_ tr (2
s c I i pc, 11. 11 c--- 3 , maps, A•: t_ co-rip I iance r e c o r a s , customer com� `faints ,
Formatted: Justified
gate til-kets, rot ;t.e--- 1 i s -.-3, and or her -c-
--f -,il -Ag-
Deleted:- Four (4) residential Solid
rnaty =ia1s the f 1 terra of is L'e-e—ate-n- t , and a n additional
Waste containers provided by
1.;!e r : 0.1 -
_- - -- -i '10L IE'3S. thal) ,liar or an- lonkler ,�eriod
" customers that do not exceed the
capacity of four (4) forty-five (45)
r e q -,11 r e d by law. C7 T Y sha 11 have t tie right, upon rive
gallon receptacles (a total of 1180
burin `Ss days ad,.!ar.ce not ice, :o it all i r.;-: I u d j- n
gallons); andl
h i; '. ro-- I in L --c-d to, n ks .:,1st cmo r I tst S, r) i ling_ Y eco rd s,
-1
Formatted: Font: Courier New
maps, Act compliance r e c o 1F1f9
I'll. S, CHO Otllfr I i IT; e r i a I s D!� GPANTEE wh i ch
Formatted: Justified
yeas_ - onatdy rela�.e to GRANTEE's cei pii.,rice with ttie provisions of
Deleted:- One(1)thirty- two(32)
t 10 -�.e Agreemrnt . records L�O. --Radc� a-vailable - 7 TY
gallon green recycling container
-con request., s r ii I a r I -. Tn,-, E� c. f i-I S i ne s s, )-.] ne
e -v e -- i t outside - he C c; u i t- of Ve r. t. i.i r a
Formatted: Font: Courier New
B., GRANTEE shall rreth.ocl ol accountin-, I n i, IF
ormatted: Justified
arcor,jance with Cone raily_ Accepted Accc)-,intinq Principles- ("GA-AP".)
o the -sat. n ,)f TY t hat cor y Lefl e.��ts 1,11c Gross I I Deleted: Additional recycling
collection containers shall be provided GJ
T
o f t: r, v h1 s A.3- Pe m P. r. t i by residential customers. I
�)!-i r �i n d r o::- r d k,, p i ng of r c, s z ue s s ha 11 L-)(:,- s e pa r a t e
U, 1'; V! ri I T. t. i I " ed f C, r ,a1 0 r. U VaS 11 e s s a 1 'd
: Y
Formatted: Font: Courier New
. .. . . .. ......
C f s r c L t 10 V 0 P
Formatted: Justified, Indent: First
6.-,. v e - I i Y.,-13 ion a d r e oinp u t :, t i o o
f. a i
line: 0"
a, I t t 0 t jji� roes or. 7
o f GRANTEE's
Deleted: Upon implementation of a
residential yard waste collection
fee
F a I a n )-I -I P 17P,7� Y-� e n t� 0 r r, t�� T m t-- 7; f.-
un�Jer
program on or prior to March 1, 1996.
this A(7 r Tit, t sac}: or overpayment
and thereafter and implementation of
k�: a -I t) rin t. I '-j t e h ri 1 i f teen ' I L) )
- — ' ' - -- ---
aa—s
I.-
the Super Recycler program on
January 11, 1996, and thereafter each
t t. P ej r i t e n- or ovPri),ayrnent is
s.en.t.
residential customer, except
an un,ic: t,t)ev, rierit c,f rrorf; :� ha n
t. t e L,
i customers receiving Senior
r 3 1)2 d i ri)v &. "1 0 T �-r � i r: S U- 11 au C1 L r e S j
Discounted Service or Super Recycler
i ?ANT-EE; �3 I- Y BRA F. TEE nail 1,c z:_ tr (2
Discounted Service, will have the
a
following vailable, for use:l,.
- , . . -its
Formatted: Font: Courier New
1 Formatted: Justified
September 3, 2002 44
4SE•TIC)N 24. GENE P., A L PRO ISICI
Deleted:
- Four (4) residential Solid Waste
collection containers provided by
■-- - -- - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - -- - - - - - - - - - -- - - - - - - - - - - - - - - ---
A. Ma ieur�,. GRANTEE shall not. be in default
customers not exceeding the Capacity
of four (4) forty-five (45) gallon
4
under this s Areerr.ent: n tree e that t �. e col -r-t 4 on
receptacles (a total of ISO gallons.)
ran
. s-,)c)rta!--icn, recyclin(T, or dis�-cSal services �,f GRAfTTEE are
Each residential customer may
.
teirporatil LnLerupt-e-.1 �,,L d j. s co ri L 1 n -J f, (I f,:,It ary of 'che followin
i.
designate any container(s) of the four
.--- -- -- ---- --- — -- - - - _q
reasons rio-t s, wars, s i-:1 b,) I: a ei e , civil disturbances,
containers for yard waste collection
service, not exceeding the maximum
r- -i zr e c t i -ns, e:-, plcSLOri, na t ij r a .1. di s a s t (- r s SLIch as
set out capacity of four (4)residential
ea r �..Ihqua ke s, I an(j s I ides ana"---fire s 1: Tikes, lockouts ana other
Solid Waste collection Containers; an,
disturbances or' offer catastrophic_ events which are beyond
Formatted: Font: Courier New
tl:c reasonable c,)nFr-7-- of (,;RANTEE. Other, catas::rophi�--:--events
Formatted: Justified
does not. in c I j.j de t:he i 1. r, ailc a ,:i I i n ab i 1 i t. y of ;IRA TEE, to perform rm (., r
failure of GRANTEE' to obtain any necessary permits or licenses Licenses
Deleted: - One(1)thirty- two(32)
f c t he r cf av e r n rn e n t a 1 a e- r. E! s ,, r the riqht Lc, use t h e
gallon green recycling container
provided by GRANTEE. Residential
!-,i—cilities of _ any _ pub lic_uti i i t - where such fain Ere is clue soiely
* - —!--* - --
customers may have unlimited
t c. the a c t s Ur' o rr t i s-s- ---
i 6 n-s of G- PR A 14 T E E In K, e-- -, event -a labor
recycling service at no addftional
disl-urbancp interrupt.s_ c:o1lection, t-ransE��rt,��tiop_,_ recycling, (,-r
costs. Additional recycling collection
J i s pos a 1 c) f S�:,l id WasLt_by C-RARYL-E-- s rec d - under - =his
...... _juire,
containers shall be provided by
residential customers. I
Agreement, CITY it*.a-y elect to exercise its rights under SECTION 21
(Df__'.:his Aq eeinent...
Formatted: Justified, Indent: First
line: 0"
• -- ----- - ----------------------------------------------------------------
B. , :ndepen-Jent . (,,RANTER is- an independent
Formatted: Font: Courier New
-Con.--ra:*:tor
c:on,:ractor and not: arn aq�' nt., Servant: or ellipl"-Vee of
-Y —1 -1 --sponsible
Deleted: Upon request by the
. GRANTEE A N T E S--
CI re, G
for the acts and MISSIrins
residential customer to CITY or
of 't--; officers, . agerits, eripl,,)yees ..... . �i r . I . d
if any.
GRANTEE, GRANTEE shall offer and
"Super
N'c; th _4 n q in this Aq reememt shat_ be construed as creating a
provide Recydef' service.
Such service shall constitute Solid
F, a Y 1: ne r s i p or 1cint venture ibe�,,reen CITY al-.d GRANTEE. Neither
waste collection service from one
GRANTEE nor its officers, eunplayees, agents or subcon--rac!-ars
customer provided container, not
any right:s---r.) ret-'rement, or other benefits which
exceeding 45 gallons in capacity; one
-ob-zalri _ .... . ..... . ..
accrue to CITY employees.
customer provided yard waste
container, not exceeding 45 gallons in
capacity; and unlimited recycling
C. _Pavement Dalnarie. GRANTEE shall n:3 i bj, e f c
b F�L - - I - - - - L
containers. Rates for the 'Super
Recycler" be included in
aD rd i I i a r y darilau L
a I. y cx�r c� to C - I drivirict surtac.e��;, wheO)-,�r or
service shall
Exhibit G, Service Fee Schedule.1
rio i-.__ - p V e d I- e.311 I t r1a, f r cm, e., -wt3 t 1 ti -I-. 1, 'D I n I a k e Or
Formatted: Font: Courier New
p i lage cf oil.., fluids or solids lid
Vehicles providing So
Ord j t r a n S f r t- s e r v i c s ender h i. s
Formatted: Just fied
Deleted: Upon request by the
I residential customer to CITY or
D 1,a w o o v e r n L 0 1 s O f L'-, e S t, a t o f
:j GRANTEE, GRANTEE shall .. r1931
t(7;rnia Shall r-o v ta r P, T.rTreement In r he eve
Formatted: Font: Courier New
1 t igat ie-n between the parties veniuc in State trial wall
L i e exc, i, ve I -,, in t- t-.e C,) i ri t- V e t. 17 a I ', t. he . -ve -11 a f-
Formatted: Justified
J. . ... . . ..... .. . .
I i t i jat iC;r� 1-1 (.T 7, . District: Cmirt, eycluz�ive v,?-n,..ie shall lie in
Deleted: Customers can contract for
additional Solid Waste
Formatted: Font: Courier New
RANTER E Fees and -,ra - -,uit4es. !:r. an annual ca-sis,-11
Formatted: Justified
i n s t r',i (-,. L i:-S of i,--. -�,, T- s g e r. r d
. ..... --.- - - --
I
c) n ra c L s I n i t L
L
Sol n
I Deleted: (2) Recyclable Material
I Collection S GRANT
Jemand i rig, c. r ;iCc.,''P � 1[ -a t:� t Lo r d r c- C t: I c; r nd i r e
comper--�at: i on c r (I r;� - u i h,: I c- c i �, n c) f Sul id Wa s t • -2
i Formatted: Font: Courier New
r e q ;.i i r iF.-J t c he c,-) i I ec t ed under t: h i= Agreement is prc;n i bi : ed.
I Formatted: Justified
;:]RAHTEE shall ann-ially re -n-iiro officer, agent, employee, and
I-
1 Deleted: (3) Yard Waste Collection
Perf":,rining s-�.,rviccs pi.r�;uan-- t,, this A(�reemerjt to
! Service At no additional costl--rjq�j
September 3, 1001 9 5
s i.c[n arl acKlIc"W" ed'imew- of t
• - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 7
F. , Prior _Aqrc�ement.s and A,,rierdmerit This Aqreert(>rit is
Formatted: Font: Courier New
Formatted: Justified
Deleted: In addition, GRANTEE
agrees to provide identification and
i instructional stickers. in a form
approved by the City Manager, to be
affixed to residential yard waste
i collection containers. This sticker will
instruct residential customers on the
rules and regulations of the and
waste collection program and help
GRANTEE distinguish fty(.. —f197
.intended t. c) carry cu- CI'IIY I s. cli)l ;-gat. Lons to comply with the
'
p r ov i s i rin s o t the Ac�; as it f r oril tittle t o time may be, amended,
ancl as j rip] erricnL-e-d by of the California lnteqrate.d
Wlasr.e Manaqement Boarci '.Req-�iiat:Lons") , as -heV from time, to tirr.e.
I -- --
-T-i tly& Act:, thp- t r, s, or Other
May be amended. T
state or federal Iaws or requlat-.ons en-.ic.tea after this Aizreempnt
h 'a -s T) e-- -e- n-- - F.i *a- ci e- -,a n d -- e Ft- e-- - - -into - - - -p r -e- -v e-n- t r -- -p r- -e- c-1 6 C-1 -e- i i a n c e
------------- - - -
provisions of
I one �r rr. orc provis.ions c [ this Agreement, such Pr
t.L(, Anreertent. shall. 17je modified or_suspende,i as -may be
Formatted: Font: Courier New
ne.cessary . by CITY to comp-'y witn state or fe.derai. laws or
r- Formatted: Justified
No-r-tilpr avic:rictnert to -his Aciret?mEtrlt sila l b,-, valid
Deleted: (4) Clgan-Ulp Ci
in wijl--�.nq dul,,j parties. ...[198
Formatted: Font: Courier New
G -d e r 1 z L f L:-'a t i 0 r. Rego i- Formatted: Justified
f icat: ion for r - all its Deleted: ... 199
1 �]RAOTEE _ shall provide i dent -- -- r--
m p, ' c) y e e s who may make? persona I cent act with Formatted: Font: Courier New
(.-.'U5:i Orre rs. CITZ m,.:, v re re GRANTEE to i;otify 4 r- Formatted*. Justified
th(2 form of said identifica-ion on an
s. Deleted: (7) Christmas LO .. =200
A - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- -- - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - -- - Formatted: Font: Courier New -
2) j-;RANTEE sha--1 a list of cucront. emplr?%,ees ,
Formatted: Justified
Rbone
-1 Deleted: (8) Tele
... [201
Formatted F .. —[202
H. iiCc Appear-.-ince, and Trai ni nr-i Courier New
_L - I.Formatted; Font --- —
- - - - - - - - - - - - - - - - - - - -- - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Deleted* (9) Roll-off
I -
1. w1no rr�iy make _per-,sonal con��aci: w i t h-,
cu s'ow.ers shall mainta-'n at all irles as clp.arr> and form - atted: Font: Courier New
Formatted: Justifi
an appe.arance as is possibl ed
Formatted
2) sha' 1 t et' ort-s, t,-,
Deleted:. Program In
a L f—(=...205
c"lu j:, rict a, i y d TJ re C
a i- ri: c I s t. an e-71— 1, d
d(.i r 1-; �j c' pct L (I r. Formatted: Font: Courier New
tri n s zD o r t o n r c Y�-' 11. q r and disposa-, C S Ci
Deleted: expense, GRANT
Formatted: Font: Courier New
3 Eji.�p oy c� � S s r f c 1 v o. trail .--- rIg t c; _--'den'tify Formatted: Justified
her du-,i 7ria L e rJ "i a L art' r, S i. r- d S ]I 1C[
Deleted: B. Collection Vehr .. T207
W a s e a r, d, r t, r e may not he Cc? le ic t,7,,J
Formatted: Font: Courier New
r t c,, r e cy c I e -J c Y d i s p c. s C d of by GT�ANTE'-::'
Formatted
F. —f20E
I t-Noti--es 1:i I re,�,ui red nermi-ted - 0 ')e Deleted:
gig s�,n un.dCl- i r'. writ
s q Y eom�2nt s I, zt arld shall
r a se n;- t I e,:i S a t e: s c-e r t-� Formatted: Font: Courier New
. de J.,��-reci or '
addresse-i
ur.epain, reti.irn r�lce-pt as follows: •j Formatted: Justified
• °, Deleted: (ll) New3oa VL-...L21 :C:
To: C
Courier New
of 'oloorpark
C' t Formatted: Font:
7 99 D•e:-c, rpark Formatted: Justified
o q.--a -,. k- , _-Ca I i f c, r r. i a 93021 Deleted: (12) Comoost Biff-
September 3, 2002 9 6
Formatted: Font: Courier New
t q Moorpark City- At--or_iey - - - - - - - - - - - - - - - - - - -
Formatted: Justified
H-,irke, W4 11 jaInS & Sorensen, L' P
C'11 rvle,t si.,.-J, S'::reet' Suite 25,1*110
Deleted: (113) Identification of Non-
:''?s Ange I c-3, California 0001? -3102
recyclers. Within 90 days of the
effective date of this Agreement,
GRANTEE shall develop and
To, (.-,RA14 TEE G I. I nchistries
implement, upon approval by the
.
P.(). 3ox 94N30
CITY, a program designated to
Wes: Los Ancleles Aveni..e
encourage participation in.the CITYs
i residential curbside recycling program
S M i -V Ei I CA 913 0 6 5
for residential customers not
participating as of the date of this
agreement GRANTEE shall also
,Cor 7:(-, such other address as wither _p�Art-.v may -- time T r) time
work with the Cl to reinforce
CITY
recycling program participation for all
des 1-!v not co� tr� the t 1,er (7 i ver, in accordance wirth this
't residential customers on a regular
SECTION. N. ice .3hal t)e dPPrTiF!d received and Pffective .
basis. Such efforts may include
d a 11 -vc -ss d;AYS
date persrjn� s c,, -, -d or, if mai'-ed, three t, J � tus i nc
conducting periodic waste audits at
from the date' Such nol.,ice is deposited 'ri the United Srate--; riail--
identified residences, offering
partimpation incentives. and /or
sponsoring contests to award program
J. t ZI-a-vi-i(is -C--aiusF and Entirety. If any non-71kUterial
participants. I
pro\7isior of this Acir-i':?ement seal: -any reason be lield to be
inv&lid or unenforceable, he inv�il--'dity or unentorceatility of
- -- - - - .-- --.- 1-1-1- -- - --- *- - ' - - - - .
LFormatted:Font:CourierNew
' I I i Formatted: Justified
.
�Luch provision shall riot affect th-e va—lidity :-ind enforceability
of any ol X11':? re-jj.airj.- 41C 1s i:*.n.js AqrePrnent
Formatted: Font: Courier New
• - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
-- Formatted: Justified, Indent: Left:
- - - - -
K. Joirt. Pr�--!pararir,rt r Aq r c e rn.-
eri�i. Should
'[0.5", First line: 1.5"
int-e -cret.ation of t. r, i q k.,.j reemen'. oi �i'y - i. -C, n the_ re of, ne
1. - - - - , - . -- - - _.- . - - -1, . - - - - I po r t- -- � ------- I-. --1 - ---
I Formatted: Justified
- - -��
necessar , i-� -4s deemod that th-'s Aqrcement was pre-pared by tle
-ted:
Deleted. 212
r. y. L es ) o i rit. I V ,�-nd y, aW stc.' I ii(-)L tj(?� i n ti� rpr.(-, �: i�d aq, a �. nst.
...
Formatted: Font:
e.i iner pa-rt.y or. I.Le aro,.r,,.-; t 1.11P plirt.y precared L.I-.e Agr.eement
Courier New
or '--aused it t 0 C) C r e 1-. a red
Formatted: Justified
•
survie t h e
L. The o c. f 22 Sh- ia I I v
this A-jrcc:mert.
Deleted: COMMERCIAL,
t—IMEdov
FormaUted
Formatted: Justified
M.,_Waive- No c -anv_JD -_Viziior, 7;r
- . -- - - - — - - - - - -1 .". - � -- — ---; ...- -- lj? __. .-
---- ---
Formatted: Font: Courier New
C) 1: t r d,--, a i)�- b r, J.: 1"iJ LIN r e (-, d L) y C L FY and
yf
A I, an,"; P x P r; i 1 'A w i t 11
Formatted: Justified
Deleted: (1) Commercial - L21 511
N . C:;i r':� a ri d (,;�Id i ,gs . 11(" '---a F) L i Or" -S - -a I id —.,IC-1 ad 'n I S
1 Formatted: Font: Courier New
(1 e v a r is E-. r; s a. I h ;. s Ag riz!�jj�e* -e
.I IL a �'r
cr.. -_r -icy: r, ,.i� e i C14 a - 4, e .. r:'L i f i
—ation :ir,.,J, shall r.,o-- be decirle'Ji to
Formatted: Justified
[-I; t- C) r (10t 1, C. t- I I(, c. T) C. r Y.- C.- S D (",: t C- A r T. icl. S
Deleted: (2) Cost of Con I ... (216)
Formatted: Font: Courier New
- - - - - - - - - - - - - - - - - - - - - - - - - -
0. L<:! j S C:X01-71ILCA Arl
- -
Formatted: Justified
JU r -.3, e h o i ',7h i Cl 1 .3 d e &M tF1 11 t c; e a r,
i ca t e C. C; U.-I f e i:
Deleted: (3) Recycling Proaram.1
j
but b o tn r w l' i,,-- I o(,
or1 all o* titer Inc ltr.-d th.0-
Formatted: Font: Courier New
Sa rltm- 11 S L - ul 1) t
TENhioi-.,-� A I.Lroi.qh I, e—h i,-, fnc(=,crcate� he-ein • bv
Formatted: Justified
7 - -- --------
3 r f. C Y (,Tl
Deleted: The GRANTEE 3h
A
Formatted: Font: Courier New
P n t:,-, �4 t 0 T1 I ri t: 1,7 0 r'--3 t U e I:- t t. e e i r e
:
Formatted
cl-llr*t�-CIT.Orlt f"'ff I e 1--t- 011'.' T.'r' NC �jUbjc,-.t rra--�er hero,,,f and
218
a I for a,.-ire:ernert.:� c.) r tjncie r s t-. and i ,kjs -a I .:)r -.-� Sri 1- *L e r i , are
Deleted: A. GRANTE sh�... r 2 �19 1
September 3, 2002 47
r - -_.
he rpl :,y me r led -;Fie 1 r.. This Ajreemfl ri shalt. nct Imende : in and Formatted: Font. Courier New
w_itiIiq expressly purportillC t0
k'� SUC:h d17 , Formatted: Justifii,
art .rdmenL, signed
arid a kr iow_
' Ed- 4+ k) f I,n t: of the artics
—ed
hereto.
•
.
� ; 4 Deleted: B. GRANTEE shall collect
recyclables separated from Solid
' -- - - - - - -- - _ _
__ - -- __ -_ -__ - __ ______----
- - - -__ - -- Waste by commercial customers.
x e c u t: r+ r: :)1 t i t s A• 11 e errs e n L.
Materials to be collected include, but
i are not limited to. paper, newspapers,
.
glass, aluminum and bi -metal cans,
M�` k. F'AR K
cardboard, plastic, yard waste, or
other material that Is to be segregated
..-
�for collection. The CITY reserves the
- - - - - - - - - - - - - - - -
-- - - - - - - - - - - - - - - - - - -- - - - - - -
- - -''
right to require collection of additional
materials at no cost to CITY. At no
�
D Y •
",• ' I cost to CITY, decals shall be
- - •':� I developed and affixed to such bins
r e
i ._ i •.:% H U n t r, b, a yo r
h.' „ ..
F1 identifying materials to be deposited
+• "- In CITY's r ecyding and\ or y ... 220
ATTE'ST
i Formatted: Font: Courier New
' Deleted:
";j Formatted: Font: Courier New
Deleted: D. GRANTEE sh „• [2221
Deboran S. Traffenstelt,
City ( _ is r } Formatted: Font: Courier New
•- -- - - - - - - - - - - - - - -
-- -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - Deleted: E. GRANTEE -11(
Formatted: Font: Courier New
'• .' i Deleted: (4) i ri .. 224
■ ---- - -------- - - - - --
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
(= JNDTJSTF.T ,S, INC.
- - - - - -- - - - - -
+'' Formatted 225
Formatted: Font: Courier New
Deleted: GRANTEE shall
{ Formatted: Font: Courier New
- - - - - - - -+ ''' ' f DNeted: (7) Telephone Bar r>>,i1
t * r p f
i ln' O' S
: Formatted: Font Courier New
r
Deleted: Audds.
(8) yy19e [2281
•
Or: -nis day
:.f in the year
1 Formatted: Font: Courier New
Defore rnr
" ! Deleted: (9) Yard Waste 8291
personialiv k ',wn
o me ;or fro to n° on r.he k«s
o.' — !Formatted F..f23o1
Sat isf _dory ec uJ
�nc�) to be t. t;) Fle r�,)n w}.c,se name :i
" Formatted: Font: Courier New
a suc;scri k;c d "' " ,: �
`.:1-i 1 s in 1 17UMel ,all 1 d.: r+C vJ � F2 �: eC9 ha: )'e ( she c_:r
LhtF -- I DeleLed; k ) � n =` sTif (2311
c_xccut ,i..__i` pars.)
.inn: ..c _c, _t soiu ion `f t,._ Bcard fDf
Di r •ctors of Formatted: Font Co urier New
Deleted: (11) Promotions
j Formatted: Font: Courier New
Formatted. [2323211�1
1. i TJ F, Ci
Deleted: A. Billing Informs „I 12331 1
Formatted: Font: Courier New
Deleted: B. Collection Veh ,,, 234
Formatted: Font: Courier New
Formatted (2351
Deleted:._,
September 3, 2002 48
+ Formatted: Font: Courier New
't
' � Deleted-
(2)
•_.. __ _ _ : -S Nr� ,, Each vehicle used for collecting,
transporting, or disposing of Solid
Yp ?,' Waste shall be equipped with an
audible warning device that is
> Y Fa Y e C f , C Il n' ` , -S _ ' „ i activated when the vehicle is backing
up.I
Formatted: Font: Courier New
�1 , e E, r :: d ! Deleted: (3) All vehicles and
equipment shall be maintained at all
r I a y kn(,wn t.o Cle !or (rove,: t.c: me or. rlhe bas' c,f timesinamannertopreven ... f2371
szttisfactc,ry evidenc-e Tu be Y.f.c e1 ,Gr, v ;hose name > ll Sc.'Ylhei( rFormatted:Font:CourierNew
,
o _hi s i I i 6 runner.. stn_: ac_l.nowlccl ]ec� .t._t 1•� !shy cr the y) ;,; Deleted: (4) All vehicles fz381
tie 1Ycr:. 1 �1r l znY c ,�11:C'_Gr, o -t t1l -:f' B(,ar<i of D_e,:Y.Crg rt Formatted
- .. f 2391
Formatted: Font: Courier New
Deleted: (5) No vehicle
us(.. [240]
+ Formatted: Font: Courier New
- -- - - -- - - - - - - - - - - - - - - -- - - - - - - -
; Formatted [241]
Deleted: (8) The CITY ma 24
Formatted: Font: Courier New
Formatted , . (243)
Deleted: (7) As the GRAN -244
Formatted: Font: Courier New
4�Deleted: (8) Should the CIj _.j j4
Formatted: Font: Courier New
Formatted .. [2461
j Formatted [2471
Deleted: 1 248
Formatted: Font: Courier New
YDeleted: 1. Failure to Report.¶
" Formatted: Font: Courier New
'Deleted: The refusal, failure ., [2491
`Formatted: Font: Courier New
Deleted: 2. Adverse Information.$
Seplember 3, 2002 49
Formatted: Font: Courier New
Formatted: Indent: First line: 0',
Line spacing: Exactly 15 pt
r Deleted: (1) All vehicles and bins
■.- -.------ ..--------- .__.._ - . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -Y s
shall be kept clean and in good repair
to the satisfaction of CITY. Vehicles
• s
shall be uniformly painted in colors
I approved by the CITY. All vehicles
shall be thoroughly cleaned by
■ w
washing both inside and out. not less
USA :ti'M= OF CALIFGRYdIA, I' C. R
R),,'., .ithanonceweekly.I
Formatted: Line spacing: Exactly
15 pt
_ _ _ _ _ _ _ _ _ _ _ . _ - _ - _
_
_ _
Seplember 3, 2002 49
Exhibit A FRANCHISE AREA
Formatted: Font Courier New, Bold
CCT03ER 1, �'t702
— Formatted: Justified
A,s& of _4 2002r Residential Franchise Areas are to be-' Deleted: GRANTEE shall provide
_ ._ _ _ _ _ _._ _ _._ _ _ CITY copies of all reports submitted
distributed between GRADITE aS , Gt forth in the ?CSidenrial r`+ by GRANTEE to the EPA, OSHA, the
Franchise Area 11a , which is at:.a_.hed hereto and which� bye thls',lj,+ California Integrated Waste
reference, is made a part of this_ Agreement. _ However, as of July ;1S'' I FederManagement to oraCounanyother
1, _2 002, and e� r r Fear c,f rh F r'an+ t, se- A; reement hereafteJ County agency.
Copies shall be submitted to CITY
es .dent ia1 c_u_t nre_rs shall YF all ated_e wally (5:)_ 5� , simultaneously with GRANTEE'Srling
bet�y;eeI] the two. solid waste— erterorises� holding fra[:Cn1Se5, as Il�,''. Of such matters with said agencies.
add —ti (.)na1 residei]T:.ldl. C Gyelop- neiii: Lakes olace. At the City ii +,': GRANTEE'S routine correspondence
Manager's sole dis ret :ion, r'IT`, may make adjust.nienLs to the to said agencies need not be
Franchise Area boundaries and/or the number utomatically submitted to CITY, but
ber of residential �� +,'',' shall be made available to CITY upon
crlstoiners of up to two peri_e.r,t: 12 <) Of the t','Lal rlurr )er of ,,, writtenreguest.1
reS denti.al customers or, 3 guar erl basis be lnn-n Oc ------ ___ „ �FOrmatted: Font: Courier New
UOL aIld ever` quarter there after, t0 address eCJP.Om }' lild ;+, rm
eff CIeRC%, aVvla 11Q11C:atlC�rl Ot rV1Ce, r?dl]CP_ VehL�:le tri:S, ,,',�Formatted:lust�ed
and Otlier related matters. CITY agrees to restore any adjustment Formatted: Justified, Indent: First
to the number of customers resulting fro_Il the ad }uS_liteIlt 1L0 th 6 !line: 0.5 ", Tabs: Not at-I"
Era ~tchise Area
a sc a
on s ra+ I t l c- A: t_
resoratior : of the "',
--- - - - - -- - -- -- __._ . �_.._. ._y Fs-ubm�itto . The GRANTEE shall
number of Customers will not inci;.ide recouping lest revenues 1"'CITYcopies
esultlnc :`rorr the adjustments. r, 1 . ed: Font: Courier New
ted: all pleadings, applications,
nocations, communications, and
documents of any kind, involving the
GRANTEE,
Formatted: Font: Courier New
iDeleted: well as copies of all
decisions, correspondence, and
I actions
Formatted: Font: Courier New
Deleted: , any Federal and State
" 1 courts, regulatory agencies, and other
government bodies relating
specifically to GRANTEE'S
performance of services pursuant to
Formatted: Font: Courier New
Formatted: Font: Courier New
Formatted: Justified, Indent: First
line: 0"
Deleted: B. GRANTEE shall submit
to the CITY such other information or
reports in such fortes and at such
i limes as the CITY may reasonably
request or require. 11
September 3, 2002 50
G.I. Industries Mderson /IgtD V�
CITY OF MOORPARK
Zxh'bit B RESIDENTIAL SCOPE -' F SERVICES
Formatted: Font: Courier New
[1' -.-ED OCTOE�ER 1, 2^.0)2 Formatted: Justified
General . GRANTEE shat -,p
for the ,cal iect--)n,
t r c:-. -is no r t at i o. n , I .: C I'll C -L i n q I-! d ibis- p C S � 11 of R c s -L d-e ri t i a I Solid
Was! e. In Iii ii r.(� , e.i i dero-1. i : t e m,.�) Y a r y i, .-:e within the
i -- s e r v..i.,-'
Franct escribed in Exhibit A, 1 n c o )ra,::ed h-erein b
-Ase Area a-,�---4
Kpr
r-fc-enc.-�! S 11 (-,, 1, se, r v i. s�ia 1, e ded in with
the t.erms f i - hl A C", r P o m t, t. and P 1 1. P 8 G h a 1,-. t, e 1: 36_
• - - - - - - - - - - - - - - - - - - - - -- -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- -- - - - - -
The wo' r`V r F1 i -'s
t: u b don�-� by -GPANTEE pi-irsuaint *- c)
A a a'&.-, T s UF;e T71 s on
r- P eme n t Thal': i-'-ip _urn ni s h i la of
cqu i pmo n t iftater i a I s supplic's and all other -Lteris necessary to
r, O.L M the se ry i c(-,S re-qu.red -1E? (, n 1-mie i: =1 -ton c, Lr and
snecifications of rr-quireme.-its for, particular items of labor or
c,clu'pinoent shall not relieve GRAN-EE of tlle duty to furnish all
cithers-, whet 'ier enwnprated or. not.
r. The work to be doric- by GRANTEE LUILS 'L ant
io this ...
sha�.l t�e in a th rough ana
CIf eS -.,rial
SLj'
marin,F.,r so -._hat tr:e Residential Service Recipients within -he City
MoorparK are pf av
Y
of, and sped fical-i-ri
of requ-ireii-.ents --or, partLcula— d he S of sc?r.vi,.::(? S"lall
riot r el i e v -- '-;::AN ir: of he (It, i t T a c c ().mp I i s h i n g a1.1 he r
V t?
_ (_I r. t n
i ri t h e manner .3 ,1 , whether t her such
(7;, 4
Gthcr as;:;ects a2:c- n the Aqreemen-- or not.
1). -i<esidenziai A'it-oinatiti-n. GRANTEE wi-'l implement a
ai-:tom ,Vvice system lusina
fun_`,' a la�ed residential collectior'� -r -
r'ar'..s for Solid Wast.e, iar 1 J'r!M:11tr-(4-3 Recy_Iab- t - C-1-did Waste,
or k)-- p ior to Decertber 31, 2'M2 and
r
kr-s i ,jen t i a I
, O"W(I v,-• e e k �;PAN rl• riall
a L 1 S i d a s e which i ric i i.iaes the
cc' loc--ic-n of - Y�ir: -! "ri-mr:-rigs and Pecyclable Solid
(:Xco
t. H E I ky a d I se. I 10 1 d 1, a za r d o u
wra S t e) rta-' have ceen aced, ):c -pt: (-,.r aCCUMU13ted
ir'. Prerni�cs and nlaced
at C U r b, S, i J E- r i "3RANTI.J.: 1 .9 n-rina I e k? k I v
C. '7; e- lr r, me, '-1 it less another cc -:iec7-ion
C'n ed Li e i< appfcvcd by tho (-'ity Mar:&,jer. P. t r
ad(j.i t i r 1 - 3 1 5., G.4 AN'. sha I L - (-vide sr ec i a I
pickl-p 'fir e d ii L e s v e an e h e n C r m F1 i
`w,rvices descr 'Lbed` or �
ri-st-I)m—s who �re lZiab e their S .,-.,lid
WListle clirb.
Residential J N, a S "- e C.o I e c t: i C; r, Services.
-P,
A.NTEE 3h, 1 col-'ect So' id Waste. gel-terated or
acc-'lua.l ateu at •;'.si ciel)'.' I e 1 preria-ses W'I
. II reports and records
required under this or any other
Section shall be furnished at the sole
expense of the GRANTEE.1
4 1- Formatted: Font: Courier New
Formatted: Justified, Indent: First
line: 0.5"
1 Deleted: D. A copy of each of
GRANTEE'S annual and other
periodic public financial reports and
those of its parent subsidiary, and
affiliated corporation and other
entities, as the CITY requests, shall
be submitted to the CITY within thirty
lays after receipt of a request. I
Formatted: Font: Courier New
Formatted: Justified, Indent: First
line: 0.5"
Deleted: ......................
1 E. GRANTEE shall make available to
the CITY for examination the records
maintained pursuant to this
Agreement as may be necessary to
assist the CITY in meeting its
obligations under the Act, or as
amended. Designated City
i representatives shall have the right to
inspect or review the financial
statements, income tax returns,
payroll tax reports, specific documents
or records required pursuant to this
1 Agreement, and any other records or
reports of the GRANTEE reasonably
necessary to evaluate annual reports,
rate review applications and the
GRANTEES's performance provided
for in this Agreement$
3. Annual Regorts.11
I The CITY may conduct an annual
review in order to evaluate the level
and quality of services provided by the
GRANTEE and to review existing
rates and charges. The GRANTEE
shall provide a year-end ann( .. M01
Formatted: Font: Courier New, Bold
Formatted: Justified
Deleted: A. Discussion of education
and publicity efforts and their results;j
Formatted: Font: Courier New
Formatted: Justified, Indent: First
line: 0.5"
Deleted: B. Relevant evidence
based on the formula, as provided in
Exhibit H, to determine the a( r 11
i LY and de ; ivared L C." the curbside for
Collection i I-, -a ri n, 64-
q,� 1, 1 on, ion ,.lastic Carts riot less
thian once per week. Customers shall rP:--pive at:
le as 11 o ri e Solid Was--e Cart, one P.e,--yc 1 able
So 1. i : :J Wa s t e Cart, and one-Yaird Cart,
a size and cc,-TibiFation that - h e y ma
request. CRAN--EE shall provide such carts for
'esj- cust.-'alers n ac'::C-rdaure W:i*-h it:s
Ilan and c,`: approfed 1 the
i"1'. Rates for the "Resident ial Solid Waste
Collection shalL be included
in Exhibit -", Ser-,.H;Ee Fee Schedule.
Su e r R y 1. e r Rata __Upon requPSt by the
10Sidcntial c -i s t ome r t0. 1- J'ry or GRANTEE,
GRANTEE
,o shall o f f C'. and provide S '.,I P -:? r
RecVcier" s e, r v ce, Such service shall
constitute c ^llectio_i of Waste aerieratpd
at the premises and de-livered to
the curbsice for collection in GR)EN7 EE- proji ded
plastic car -s not less than once per week.
,hall
_de Such Carts for
r
es e n ia c-,l s t. -)me r s --n accordiance with its
FRI)- f tr e rlt * i -,,-r- i - Plan -- -a--E-d as approved by the
r
Recy(-Ler W;�st-e colie,.:-ion
�a
ser,v�ce shall co—'-'st ,.)f One. --p*YOV-1
JJl. ;.:-I vA1 ^_i ;; L -' C a ': t , riot 32 11 on S i ri
T r i i t:i -L -I' n ri..
capr�c y;
Cart, not excee-oing &I c( ' Solid allons in capacLty; and
0 r. C, :.ded Waste E ecyc' 1 i nig
C in t no t: exceed 4- nr:! 64 r.1 ia I I cans in
for ::Iic- "Super Recy-cler" service Shall r.)P-
f:xhi.'L;i*.. G, Service
- - - - - - - - ---- - - - -r- - -- - -- - - - - -- - - - - - - - - - - - - - - - - - -- - - - - -
" ' i- . ------------
I --r I' i S ij I i- e d �jpr,n by
es ner. :i I .� t "-):Il Lo or (;!ANTLF,
,,PA•TEE S h a i r r aril V; ro s, i d f-
C! u 11 c d s c
j C! :0
S' t I S'e r ce 31'a I I c-v ris t. i. 13 t,:-.
col e 1-1 of
S d wast,� riCncr3t d at the
-CS:
a n I "Te red t: 0 LLe
curbside to
G1, lr-. GRANTEE provided
p-last ic c�tr --s
pe - --�ie --
r:ot tnear c'nc'-3 r week.
1;MM [IFT �:La I
11 .'
1 1) V de S U C'.*1 C �i r L.'� ) r
.. .. ..........
res- den-. iL-,
in accordance witIi its
imp'l, em,:?ntc-.t--iori
Pl•tri and as a p p r (-,Te- d b y the
111Y. Sen l or
Sotikl ,lost e co 1 ect. i.on
"7:CE.' sh 11
sel. '-i
- t: of one GRAN= T-)ro�vided
C 0 r 1. S
s t- ccn
ai-:cr, 32 qrtllors
r
r, ro "I i .1-1 Yard
ezcceding •4 4,11-or.s
in a_ac.ity; a,jd
GRANTEE proviidi�'
co I I ainar, 11
ex:ee_iinC,t r4 c4'a I _ o rs in
Seplember 3, 2002 52
Formatted: Font: Courier New
Formatted: Justified, Indent: First
line: 0.5*
Deleted: C. The names, titles, and
addresses of the owners, officers,
directors and stockholders of
GRANTEE. A list of stockholders or
other equity investors holding five
percent (5%) or more of the voting
interest in the GRANTEE and any
subsidiaries unless GRANTEE is a
public corporation whose annual
reports are publicly available. In the
case of a public corporation, a copy of
the annual report shall be provided to
the City Manager as soon as ft is
available to the public; 11
Formatted: Pont: Courier New
`Formatted: Justified
v Deleted: D. A description of all
traffic citations received in the past
year,11
ac-1 r R zt:r' S f.'c)r I- he ::e I •r l,l .ot.n::ec9
sE ryi C - S ;EA k e i_ cl• _ided in Exhibit :_, service
Fee Sc:-he':dule,
,(2) Recyclable Solid wastes collecr_ion serv_c.o. `
"RANTER shall colie(_t. and r)rocess source separated
Re yclable Solid Wastes ' ncluclinri, but not limited
to, paper, newspapers,~ glass, aluminum and bi-
met.al cans, cardtr .,at-d, ast:ic Yard Tr.i.mrr:inr s or
Oyler materiai triaY is e-`reaated for collection
and ••:r:inerated at all Residential premises within
it:s Franchise Area. said wort: shall include
rp_aularly schedlllerl Coilectior', once a week from
curb, alley, enclosure, or collection area.
^r;L.lecti("n shall ;c::ur • :)n the same day as Solid
waste callec..ion, Unless another Co Ii1?(Hlon
schedule ` :r
approved • City Manager. GRANTEE
s -h_ii use special collection vehicles fa
Recyclarle Solid cnrstes fitted for separate
collect ion of R.ecvc] able Solid Waste.
��RACTEE shall be, reuuired to provide
1dE,nI:i:_i.ca1, n and i.nsr..rr.lctional. stickers, .i rt a
form approved h,- the Cl Mal " ry ar, to be affiied
.._.. C —� —__1L _ __�.._._ �_-_- _ ._ _Z..._ _._.�_. _..
t:.o the l�es�.clentla� Su id Waste, Yard Trlmminas and
P c I a b 1,:-� S..l.id Was t_ e. c o 11ection con,ainers.
thcs,� sti-c:cr,rs will in, tract R e
esidntial Service
F?ec.i i.r nts on thc: r_ales and rec:Iuiat`or,s (i.e.,
ac,- ei,t_,ybl e mate:* i:a ) > ' the vari ous collect. ion
pror�rrrns. ,n a ditiori, GF.AHTEE shall provide, at
r1,7 additional OSt, 'O ,t iIl ^I' id?rltificaz: ion acid
instructional stickers, ,
LS in a form approved_ the
i _y Ma lager, to the_ City or Residential Service
Re: l ,lent. S who rr'd_;r 'addl 1ona1 sir
re., 1 eme*1 is ke s.
G;, A II , agree- to l.. r I.::S k.oest: effort's to divert:
tKe rt.'azirr.um arnoill -,- of ' v;llCF sc•patate 1 F.e :'ycldrle_,
viaS' es f rcxn_ k' „_: i rc7 d i spos<:<� of ati t h o�
I a 1 fl.
Yard 1'r immi n )s C o I c: i on Sr_. v cE AL no
art itional c ^St, GPANTE.E a4rees t . p le 1(:r the
..... . -...._ ..... _... _.r._.. ..._ _ .._ .._ _ ...-_..
CI LI 1' r "llcc ti , , ,= , pars :tell l jr<: Trimmings
,jrt.: or tt;._: `r�rd 1'rirarnin :Ise collect or. program
Sh all t ;e ra ride :i k;z �FRC TE Co le,-tiorl shall
JC. -lY or, Mlle sari- d,:y as Reside Solid. Waste
.rniFtss ar,:.- t :l :er ,:o) `ect.'or. s::hedule is
app c., ed I Y t
(r` r 5u I i:„ r*_F: rr. Cr)l1Q: r i nr, ;:0.ry iCe_; . t.;:) to twice
dr, r i r,cr ea„h cal cLy r y ar, GRANTEE' shall. provide
ea ":h r1- ?siden-ia1. ci_i.iLomer rec:e - iy na co "I.ection
September 3, 2002 53
Formatted: Font: Courier New
Formatted: Justified
Deleted. E. A list of GRANTEE'S
fleet, which operates in the CITY,
including age, make, model of each
cab and chassis, license plate
number, vehicle identification number,
and type of service vehicle performs,%
Formatted: Font: Courier New
Formatted: Justified
Deleted: F. Total number of
residential households within
GRANTEE'S Franchise Area,
households serviced, residential
households that subscribe to
commercial service, vacant dwelling
units, and other households that do
not subscribe to service j
Formatted: Font: Courier New
Formatted: Justified
Formatted: Justified, Indent: Left:
1.5 ", First line: 0"
Deleted:. Total number
Formatted: Font: Courier New
Deleted: commercial accounts within
GRANTEE'S Franchise Area,
accounts serviced, and any
businesses that do not subscribe to
service as
Formatted: Font: Courier New
Deleted: December 31; and
Formatted: Font: Courier New
Formatted: Justified
Deleted: H. A year -end report, in a
form satisfactory to the CITY, on the
CITY'S progress in meeting and
maintaining its ability to meet its goals
under AB 939, along with any
recommended changes.¶
4 Formatted Font: Courier New
Formatted: Justified, Indent. First
line: 0"
i Deleted :.�z
. X11
14. i2uartgft RepoRS.Q
Forty -five (45) days after the close of
each fiscal quarter, the GRANTEE
shall submit a written quarterly report,
in a form approved by the CITY,
including, but not limited to, the
following information:¶
ser&Zys,,aLnq cost, a bulk Item ,Riqkup (maximun.
Of Two-- LK—eihs- per pi,,�Kup;- (four items pox: year
a I ) 10r i !- PrTIS 14 11 -'. (7 h 1-1c V e b C:C: 1. placed at tt.(3
e. _ f L, washer, dryer, sofa,
etc. B i.-. I '.,, y 1 t c. r r C I c. :., t: i o r i Will b e I ia r idli 1 e d by
acpolnnmew, made al least seven days Ln advance.
GRANTEE shali he Lesp,,nsible for recording
co:lecled, GRANTEE soUl make Us beat effoU to
F _I ail ATJ - - - 'E&-1 -14*�-t -(�,! - -- --- - - - - - - ..- _ter,' -
yc . . . A . . Py , I - - - _ , - -- - _.., - - k-y_ -
F,)Jckul, ru-jiws�-s, cx,':,�.eding the tw,--) Leer calc'da-r
year _ L,
_err-esid,nUa1 cjsUmer shall,bt1parged art
additional tee Q A ail int provided in ExOnit G,
Service Fee Sahadile.
(6) Move In/Movc Out Service. GRANTEE shall provide
services above Lhc no fmal Residenti-al Solid Waste
collection service to residential customers as
they ASK- is AT of residences at the fee
amouLts pro✓ de• in Enhibit G. ReWdential
cu-.-7t-orers shall Pe rsrrq a -c� r -,iile -r -Je RA TEE
-� Ov
lk" a S&O-dAy nwi•y to
CRANTSK shal reco ra
KNIGHKAT ON in/move out servicY and
acconnodate
the—gryner ..1010WAS of EV 1 i d Was z F? and
Recyclablo S o I i d ;,,L -L c t -z-: --7 t- rn-a r i 1 y
generawd upon rcsi chat ial move V and move our by
a1 . ow i rig 'p to the ncrnlal of
these materials to be placed out at the curb
collected at no addLzional cost.. GRANTEE
understand that the mc;ve in and move out Solid
�"'as rjua! Tti t: es may rcjir�---* rr -tar -uaf le -ad n-C_F_by
GRAMEE. of maierial set out.
for- ATlecIPPAre subjecF-1c; --tEe aril -ic-abT4 e-,s
,( ) Mristmas Tree Wlection At no cost Oo CITY or
-
�csidvvt-jal aijsiorrLrs, 1 col c t.
-1hris,t.-nas tret s :or the
RAM"till -8=4165 R&I"Idenis may plaw MUST-MIAS
T r, C� C., S c "I L S i d e of y a r- d, 1't_ i rLm j- nq s c: 011 e k-: ": J 0 ri
containers for collection. At no cRst,CRANTEE
SEA! also cne Point for
-- A 74 r i si-may trees for r�.-.vcl -*, n. at &.1
cc: I w! an ')
si:e and time ouranion apprcyed, ny to
Mar'iau.er . -,RANTEE sliall publicize Christmas cryo
cc: lew 1 on an Me Ncvemt,(-i / D? ceji bpr SoL j.a '4a5t-(-,
bills! - ------
e e F-1 -'-D -r l e L' a 13 rig 110 t !I newspapers, 'a, the
Pecyclable Sol id Was-:e collection. GRAN':'--,h', niavr
wi:.h apcj-.)vaL of the 7in%: Manacier. orovide for
September 3, 2002 54
Formatted: Font: Courier New
Formatted: Justified
Deleted: A. By a methodology to be
mutually agreed upon by the CITY
and GRANTEE, weight or volume of
Solid Waste, including Discards,
Bulky Items, source separated Yard
Waste and source separated
Recyclable Material collected from
Franchise Area:j
Formatted: Font: Courier New
Formatted: Justified, Indent: First
line: 0"
Deleted: B. A copy of all landfill
invoices for Solid Waste disposal
I pursuant to this Agreement
r es i de n t i a I orne r s e a c i ye a r . !_The
f mated Jutfed --- - _ Fo si
d L re c t
mall p-uLlication may be up t(-) -our
lout led 5.1 e es
d a j. n len"JU. with fo-jr -(-olor
rinrin At at
Shall promote
..n` i �3 tj a (J V e I- L i S E,, 111 (1 n 11 S C 31-
V
f .
I t �qe in size a7 a -naxi.-ral1r. Of
folir r, c .`c h :Ca.' ir) a rle":Spap''l r�r ge"eral
.:it: of-, w i b t.ext. as .° rove )y t1-.e
w,;s p a Ej e r , C rd b ozi r cl 7., n d C t h e r R e c y c I a L I i�- - S o 1 i d
L
W At direction c: rnc- C
Gj [, �1,, I F, arid cxp< .n ;
shall
provide cc lei—ion or ri t' W S pap 4F.- r r. (I
Sol i d W�oi S 1: e at orle
n AI I such rnal..&.rals
c c I e d d r. c n e a 11 for nis
-1 a
shal I t,(-. ros for c")"11eC:;'_ion
o - h-L, r Cccyc laGle Solid ,!_,rtes
.i Sol.i:J Wa.:�Lr_- --ted
r,d
RA ITP E :;" a I I be
at E hi� d in P --o I
September 3, 2002 55
' Formatted: Font: Courier New
�.Formatted: Justified, Indent: First
line: 0"
Deleted, G. A report, in a form
satisfactory to the CITY, on the CITY'S
progress in meeting and maintaining
its ability to meet its goals under
AB 939, along with any recommended
changes.11
adoit_k'rial lec!'_iorl of telephone k)ook.3.
Formatted: Font: Courier New
'(9) pt!].-Oft ard-21.in G R A NT E F shal 1 ro,,� ae
Formatted: Justified, Indent: First
temporary
line: 1"
evtensive yaml work, oil pj,0,:CCt.s, e-.c p
Deleted: C. Set-out and
at the service r jA te s r 0 v i d ed In Ezh it)i t G, i
i programs.1
81V1 f9 Fee Schedule.
I Formatted: Font: Courier New
Promot i on. - - - - - - - - - - - - - - - - - - --
Formatted: Justified
P ro , . 1� at I rc I rtfC,rinat ioli At. r1c, addit i - Onal cost- and D
Deleted: D. Weight and other
expense, GRANTEE will print waste redt;cticir, p
special collection programs during the
i nformat ice on Uil IS using text provided by the q
quarter (Corrimunity events,
.1 Y n
newspaper and cardboard collection
- -
bins, telephone book collection
- - - - - -- - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
pograms, e
pi-irl-hase aand att,:.tct a Brame to cloth sides or - F
Formatted: Font: Courier New
residentla! and collection vehicles F
Formatted: Justified
useu in the CITY for the '>Urpose Ot artachinci
Deleted: E. Hazardous Material
Saud Waste or o�. Le r I ra-n oromotion i
inadvertently collected during the
_P_2�09..
siqns app r.oximately thi-ee (3) feet by eight q
quarter, including customer address
f "I'lArLS W t,e. si.la.1 Lied Oy tt-.f- CITY and, (
(it Known), quantity and type of
__ ___ ___ - installed ... __ _ ____ '
'M. 1 material, and final disposition of
jPW�FP. 7
Formatted: Font: Courier New
p!-Orrjot i At the C I T s d i r (-- c t 10 ri r
rF.;;;ttd.- Justified
P A NTF E, at I arid expense, shall b j
j Deleted: F. Summary report of
F. s' b I e. o r r: rocl :'a.n pi.lt.).! j C i L y 1 rt :- t i.td i nq a t- C
Customer complaint log in a format
mail Ltlb' ication, with e
eptable to the CITY; I
t, c- x a, 'pro%,cd by L,ie CITY LO ma i 1.1 `q, to F
Formatted: Font: Courier New
all residential
mall p-uLlication may be up t(-) -our
lout led 5.1 e es
d a j. n len"JU. with fo-jr -(-olor
rinrin At at
Shall promote
..n` i �3 tj a (J V e I- L i S E,, 111 (1 n 11 S C 31-
V
f .
I t �qe in size a7 a -naxi.-ral1r. Of
folir r, c .`c h :Ca.' ir) a rle":Spap''l r�r ge"eral
.:it: of-, w i b t.ext. as .° rove )y t1-.e
w,;s p a Ej e r , C rd b ozi r cl 7., n d C t h e r R e c y c I a L I i�- - S o 1 i d
L
W At direction c: rnc- C
Gj [, �1,, I F, arid cxp< .n ;
shall
provide cc lei—ion or ri t' W S pap 4F.- r r. (I
Sol i d W�oi S 1: e at orle
n AI I such rnal..&.rals
c c I e d d r. c n e a 11 for nis
-1 a
shal I t,(-. ros for c")"11eC:;'_ion
o - h-L, r Cccyc laGle Solid ,!_,rtes
.i Sol.i:J Wa.:�Lr_- --ted
r,d
RA ITP E :;" a I I be
at E hi� d in P --o I
September 3, 2002 55
' Formatted: Font: Courier New
�.Formatted: Justified, Indent: First
line: 0"
Deleted, G. A report, in a form
satisfactory to the CITY, on the CITY'S
progress in meeting and maintaining
its ability to meet its goals under
AB 939, along with any recommended
changes.11
I
i le f s e r v c i n cj h , I t i p a - least
0 r
1(_ eac7h week, yr mc.i:e f)ften if deeined r.ec.essary
and [(;r.- of site, includinct
a,,-, p I i. cat. i -,n of i_r Co j ve con t a i r-, e r decals and
prornr)t '_'-&rrLav; '._ of c
jra f f 7.
Formatted: Font: Courier New
1L; -', o m p. r ; s F3 i n a nd V o t c) r l R e c e P_ t a,7 I e Distribution
pro _rT TT. At -he CITY s r ue, s GRANTEE, at r., 0 Formatted: Justified
ad i t. i.,)na I co.-3t-__.ar.d im�xpei'.se, shall T)Z-or.,ore and Deleted: H. A list of all lost, -,o,,-
; - - - -_ _ --- - - - - - - -_ I or damaged recycling receptacles
a is f r i b y t e C7TY-F�rcvided _cc,Fp-ast bins and emp, t I byGRANTEE,indudingthe
- t'l __ *_ . 1 . � __ ---. _. — _ ___ - - __ —1. replaced
i:C'JSd Tri 1 0 r o e c t i o n r-ecept a cle-s, address to which each replacement
heainrt�.rig :he effp( L L ve aalLe of Lhis Ac4reement, to receptacle is delivered; ancMI
rP_S1Clcirltlai CUStGITLers wit,in, its --ian,7hi se Area
,as request e:-J by -' h e C ITY . CITY s ha 11 p r,D v i d e
i r "c,i-ina t: ive s arA -di cat i ona L i n f,,- rniat ion I o
aC'COIC,pany Y.'e�eptac-.les.
,(l?Identification_ of c ]:.e s T.Iithin 9G cia��s of
the effez:-_ive date of this AgreerTient., GRANTEE,
upori a,.:, pr o v a I by ttte C1 T'i , shall deve I op arid
�rrpieraent, a projrarrk i is 1 q -na t. ei n encourage
par-ti,cipation in the C=T,''s resideritial curbside
(I C C: I n o pro s i d i- n. t. i a L Prem'_-ses not
prai:tic.-iratinq _a.s c)f me :]ate of
- 1-T e--- c-
--I _-F, ff E reinforce
rec\,,-c 1. na pr aq ram t- i. on for all
cu-_�-;t=ers an a r-eqular basis. Such
effor-Us riay i, r:c'. ud-:� i ng per i od i:'.- was Le
au( 1 L.. S i- e*1 k- r L - e (i K e. S I U k, 1'. U I a r r. (-M I se s ,
o f fe r 1 r I -q �;& tic;Lpation incentives, and TO r
s,-:, r-, ri s c r i n c:c):i`e-s*-s i-o award proqr-a,,ri participants.
,(14) -Contairier Cc.ri-_ent Inforrnation for all Cc.ntainers
p. A �',j F� S,
I- OV L d ed ,.o Cust�,)mer-S_ hy ha 11.
r o v. i d e and a 'L f i x r -) stic.-h C o r. t a i n iF.- r «t F. 0
1) r a _at.d _ ":pelisse i it fo-rr.e *_ i3O_tI_ C-c-t-
c:('rl Wj :'J, '_ext. a"-)[), ore ty t-Y
A- - - - -- - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - -
U "PO r- t G P'T�fj t
I n .3 i d r a i I r I e I yl and sl_aLo f t., nn in
for tar, p 11 L c n;i zz e a n Ci o1- c o ri v e r 5 i o ri .,f u r i a rl e*
(I as C) I i :I e aI di._Se -1 f � C.- I refuse v .'. f I i C I e S t C;
,al -ernar._ive v..eh_-*c:.,_'Le,3.DRANTE.E.--shc-i-1.1 _provide
j-' rogr.2--s Sulana_" as �:�clrt of annual rer'or.t to City.
e�ANTIh shat _ . - c o i l i J e r us c. of r* C motor
oi in reti.lse."'.r(�Cyci -les c)perate-d i- t r.
c-.ompariy, `hc� use re-refined mo-ior olis i -3
11 i.n. - on s i s e t w e,i i c I e -narlifac;,ij rrz' r s or
W, d r r 1 n ✓ rey.iirkr .iments G_71 AN-EE s a '1 rcvide
y
i.' I_L�d n.,, ,7c) 1 Lised as part
F C
- - - - - - - - - - - - - -- - - - - - - - - -
September 3, 2002 56
Formatted: Font: Courier New
Formatted: Justified
Deleted: I. Items not listed in A
through I above may be requested by
I CITY upon thirty (30) days written
notice to GRANTEE for inclusion in
any subsequent quarterly report.1
14� Formatted: Font: Courier New
Formatted: Justified, Indent: First
line: 1"
I Deleted: 4. Monthly Reports. I
Formatted, Font: Courier New
Formatted: Justified, Indent: First
line: I"
Deleted: GRANTEE shall submit
monthly reports which shall be due
within fifteen (15) calendar days from
the end of the monthly period being
j reported. At a minimum, the monthly
i reports shall separately identify
residential and commercial solid
waste information as designated by
the City Manager and include, but not
be limited to:1
Formatted: Font: Courier New
Formatted: Justified
Deleted:
A. A list of non-subscribing accounts,
cut -off accounts, and new accounts to
assist CITY in its enforcement of the
Mandatory Refuse Collection
provision of Title 8, Chapter 36.1
B. A revenue statement, setting forth
monthly Franchise Fees, and the
basis for the calculation thereof,
certified by an officer of the
GRANTEE; andl
Exhibit C RESERVED
I
Exhibit -1 P, C
• Formatted,. font: Courier New
Formatted: Justified, Indent: Left:
Hanging: 0.5", Line spacing:
single, Tabs: 0.06", Left + 0.21",
Left + 0.63% Left + 2.8", Left + 3",
Left + 3.25", Left + 6", Left
f
Deleted:. All information required
by the County of Ventura and the
Ventura Council of Governments
(VCOG) for planning purposeii.
Formatted: �Font. - Courier N'
Formatted: Font: Courier New
Deleted- I
-Section Break (NeA Paw)---
SPECIAL WASTES1
EXHIBIT Ft
DATED DECEMBER 23, 19951
S
...
Formatted: Font: Courier New
Formatted: Justified
Deleted: For the purposes of the
Vehicle and Equir.a.ent Standards..____An%1. vehicle
GRANTEE providing collection,
,A
Or the
transportation, disposal, recycling and
roll-off drop box services for special
followling shall constitute the
,I . Ha._,ardcus jWaste Xa r7i i r gs G. R A N T LE E shall mark 'all or-.
Formatted: Font: Courier New
�j Formatted: Justified
conspicuous n o t i,,-- e s wa rn i rig that t he C111 sooszil of
v
_
.1
Formatted: Font: Courier New
Dekted: transported
?"I Formatted
Deleted, cleanup of a spill or release
Formatted
chemical substan
col"er thaE shall bv: s�3curely placed over the entire
-�f an,, art* or thp loa,-J.
Formatted: Font: Courier New
jFormatted: Font: courier New
Deleted: RUQZNjL&j
j Formatted: Font: Courier New
Deleted: -week Solid Wast( . [266
1 be th)_
Deleted gait
j riot_
Formatted: Font: Courier New
i i
audible :hat� is activated, wher; the
All' veh'cles and (-quipmcrit sha-il be main--ained at
'
A Deleted: 3. Returned Check
�
' Deleted: 4. Additional Bulky Item
reqi.-, remert t s a no. sha.] L comp I V wi- th a 1. 1 appli cab le
i (After one free pick-up of up to two
items per residential customer each
'
gross vehicle weight zating or :.n excess of the
Code, ..�hichever is Iess.
September 3, 2002 59
De1eted: 1. Bin Ratesj
A. One (1) 1.5 cubic yard bin with
following pickups per week.1
week $22aal
week $a2§JB
week $4bLM
T,xhi bit E REP -CRT 3
Deleted: Non contracted 1.5 Cubic
Yard pickup: $_212ff
Compacted 1.5 Cubic Yard pickup:
DA-_ED CC_T_(_)3ER 1, 2002 1 X weekly pickup ratjM
quF.rter shall be .... sub)ect -,o a fpeof up__t:o_$200 •pr dart _(except
f e I ;i-- such delay is -Au�e tc, extenuating circia.-Tistances
t 0. 1 -, C_ % E '1_. �_h
or is attrihutahlt:. l.c- "I""
A d V, e -
Fafiure t e p C'rt- - - - r-7n e refus-al,
- Lail are
Deleted: B. One
r 10 ( I ec. t.
I y of 1. r e F) 0 r �. s r e.q,j I L e i , or the
'
De leted: 3.0 cubic yard bin with
T.(,- :-I] S L o ri
C) art mai.eria-1.1N, 4-a Lse. r i i. s I e a di nj
s t. a 1, e i f i P. n t. or
-6
following pickups p or week:
represerita!:iori. r-iade _)winq1%, by GRANTEE
- k rk r in such report
shall e
Federal, S ta t e , or Ccui)T:.y
deemed a
b_�acl. A-ireement, and
shall sub -1 ect
CITY Sill u- t:'o7iously wit`, GFATH.E ' S fii Lnq
-mater'..al
-'RANTEE to
all remedies, leg=- -or _eqk_rif ib' e, which
are available
n s or a
to the CITY
under the Acireement or r)therwise. Reports
which are
Compacted 4 Cubic Yard
SUb,rdUed
aCter 30 calerdar zja v s f.-).' I ow 1 ria the
e n d of each
quF.rter shall be .... sub)ect -,o a fpeof up__t:o_$200 •pr dart _(except
f e I ;i-- such delay is -Au�e tc, extenuating circia.-Tistances
t 0. 1 -, C_ % E '1_. �_h
or is attrihutahlt:. l.c- "I""
A d V, e -
In f r tryt . i or, GRANT! F,
shat: provide
De4eted: I x week $ 22M. 5x
copi_es Of al i repor:_ s
--bnij.tAed by _GRANTEE: to
�.
-CIT',
-he. EPA, COSEA, the
week $2"7
al- fornia In-r:egrated
. —
Waste Man:3krTement Board,
Local Enforcement
-
1 Deleted: x week $166.3 6x
A,j.*,,,cy, jr any oilier
Federal, S ta t e , or Ccui)T:.y
agency. copies
week $45L.58
sh,--;'.1 he subr,-'.tt.:'d L.C.
CITY Sill u- t:'o7iously wit`, GFATH.E ' S fii Lnq
u' i l i 'ed bv 'd �zcha rri e du:. i es
of such M'F. z t e r s wish L s a i d st.'_Tcn -ies
GP,.A,Nj----E , S 0 U i r e
n s or a
c u r r (2 s c, c, r: d e ri,--. to .._c9
es rrr...d not
bc. au7ornat icd I IV
Compacted 4 Cubic Yard
submitted to CITY, '1, 1. 1 shai be Made avrai�,.I'bie -o_ CITY '.. r;
0: - - - -.- - - -. - - - I 1 1. 1 .- __ - - -.- .1 1.. . I - I . - � � - � .- __ - ....
wri _t en rerues- .
.
F�r>N T L E a— J1 arch o t t h e irk shall subm4 t to C I T:
of a, 1 pl.-�adinqs, appi i:--:at Ions,
.. - , I Deleted: 3 x week $239. 19 7 x
week $§.NUl
;4xweek $ 2LII..281
c a t. o n5 , c :)mrr.,,, c:.,:. 'in d_ a I I d e,..:i s i o n s ,
Deleted: Non-contracted 3 Cubic
. . .. ....... -.- - -
of vioiar.ic;n N C)v S and
Yard pickup: $_Z%M
Compacted 3 Cubic Yard
j.x�"; h— any -;'eck,ral and S:_aLe-
pickup: ZA
incli -Ii.ria, l,o(-a I En �orceirent AIpnc.-.. es,
weekly pickup rate%
—&-ction Bmk (NeA Page)_
California Unified, Program Aqencies C U PA' s thf-1--
C. One (1) 4.0 cubic yard bin with
P i :111 wa y 'THP" and ocher 3 r
following pickups per week:
i f i a i I,, tc) GRAN-?E'S
. . . ..t..' . .
pc r rvrk�i nc,.*2 c. s (�. r. v i c.,� L, an J :h sarety of c.ouipnient
u' i l i 'ed bv 'd �zcha rri e du:. i es
4 x week KUM
I.; n L.,7 r :z e r. I e. i i t
n s or a
I S 1 t'111 i t l t- C I Ty o h,= r
Deleted: 1 x week $104,00 5 x
week 67
_L1
:
in t o r! na o r e 1 -1 s i Ch
arras r c� At
_
2xwee$ . 1 6x
Tn.°_ e "I M ri C r - y
r cp- e s i C,
we ek $_��971
3s3 P A
s i
h h ' S
Jxweek $270.3 8 7x
in de r lhiF
. . . ..t..' . .
we ek 5643.164
4 x week KUM
t r. S F.1;.J eq-_ii red
-
n s or a
Deleted: Non-contraed 4 Cubic
1 Yard pickup: t
kup: $4
S EC T-1 ON z_1 _L b i v:'A
a t: h' 0. 1 r 15 e
Compacted 4 Cubic Yard
pickup: $2 x weekly
pickup rate¶
CC c= C RAN: T E E'`
annual an d o- 11F) r
Deleted: 2. Recycling/Composting
p i pub ic: F i r. a r,:: r:! I rep: ..� I.S ;r t. h o.-� (-� c, f j- t,
Bin Rates%
r, .3 un's - d i ei r 11, ��rii ared corr.),-)_natior. arA
.1-7: _.- - -.1 - ..-- - ... ..:.^ 'I . ..... ..
1 __ Deleted; . One (1) 1.5 cubic yard
i bin with following pickups per week
he r e :I It i L i E. s, as r r e. C I TY ret:jt.es ti 5,
q h a 11 .)r
s, i L� i i i z t e d to the C f fY - w* i -t ii n- thirty —(- 3- -s-- -after - -, —
r e C - L t G f a a -11 e S t.
GRANTEE - sha 11 - mace --- available to the CITY f or
-he records' pursuant. to r-his
A ne-cessary to .g Pement as m assist the CITY in
r-icetirl-ri- its Obligations under the Act, or
a mf e
-rided. _D 5iqnat,ea CL *...,/ represent at.. - ves sha 1.1 have
the rlqf-.t re- cords or reports cf
Le
E0 r 1- -3, -�)r, 11 ca L i cias and GRANTEE's
rate -r e V e 111;
performance provided for in this Agreement.
Annua.l Retorts.
Deleted: I x week $ 41,59 5 x
week 5207,9911
2x week 3" 6x
week $24101
Deleted: xweek $124.79 7 x
week $291.18
•--- --- ------------------ -- - - -- ----- -------------------- ---------------
may cowlucl- an annual review in order to
Deleted: 4 x week $166,3$4
.'rho- .-.--I"Y
ova .Luato he _-e. ve_. ;.ind civaiftv of services provicied t;y GRANTEE
il
—t-
;3Fd-66---r-eview existing rates and chargics. GRANTEE shall provide
Non-contracted 1.5 cubic yard pickup:
a year-end ar-.nual report. to �he C1 71Y '.)n or before January 31 of
$2&-M
The Annual Repor': shall il'Iciude the
B. One (1) 3.0 cubic yard bin with
---- --
I following pickups per week:j
� u s s o r of educ3.-Jor, and r.)kjt)Iicitiv efforts and
"eted- I x week $ 51.99 5x
reports
week $ZkaM
__Lub
i-_, r e C fv a he case of a
as IaLle. -n
-
2xweek $J04,00 6.
��vi'-den:-e ba��,z!ci the fc,imu a it Ezhihit:
week $2LtM%
i 3xweek $155M 7x
H, to the anri-ial rate adjustment;
week 5363.964
i L i. s
4 x week $297,994
C., hte i t Ips, r , i addressUs of t - he
owners,
Deleted: Non-contracted 3 Cubic
_'I
o f f i cef s, ,,-i Lectors anti s. t ac- kh o 1 de r s of GRANTEE A
Yard pickup: $_ZIM.
1 s t. of F L.-ckhol o r other eq-ii ty i n v e s ors
Deleted: One (1) 4.0 cubic yard bin
.1
ho i d i:-,cj, t i va p c r c e n 15 or more o f he-
vor-117.9
with follawing pickups per week:
- - T� - — ---- ----i- -- ----
i II t (? rest 111 GF�AV arid any bsidiari(-IS
-4-1- - . .
Unless
Deleted: i x week $ §2A Sx
GRAN ":,E wfiose- ar-jr-iiial
reports
a%
__Lub
i-_, r e C fv a he case of a
as IaLle. -n
-
-,)u b i ic
2xweek $124.79 6x
--------------
cL) rat ,jur, < F y of -report shall 1,e
i week $27I_38N
r o,./ l e cl Il e. a q e r a s s,-,) o ri as
i L i. s
we3xweek j4 $187.18 7x
ek jfLM
ti'-) tt'.e Public;
Rate: $278.70 (market value
1 4 x week $ 249,5 11
c-jt.at.i,.-)-is r(-.ce'�'Ve-J in
Deleted: Non-contracted 4 Cubic
Yardpickup: $3&.,
491
j ( Deleted: TEMPORARY BINS/ROLL-
OFF DROP BOXESII
)t e7 vehicie ir 7,RANTEEIS fleet operFirec.1
-- ---- - --- - - -
Temporary 3 Cubic Yard Bin Rate: S
of 'acre cal-)
72804
-Irkodr31
a ]:--I C t ia s I —ISC' V e h
Redelivery and Reinstatement
Rate:
f ji.7jaj t i oil �jrc.j type ot serv- -P v e h 1' c 1 e
$ -25M
Roll-off Disposal Rate: $139.35
plus landfill/ recycler feel
Roll-off Recycling Rate: $'13%35
77. r R (-, s i n. t: `-'ca i E! r em i 3 e 3 vi i 7: h i n
(market value negotiable)l
Roll-off Compactor Rate: $278.7
'..
Fr a r,, h e /!r . 'a , —R-e S l iC.r :t it P er .1 -; S S
plus landfill/ recycler feel
i c e d , re, ,F..ri I. i A I riok:qeh,; .ds t•-�
i Roll-off Recycling Compactor
zse. r,,!-- cc- , vacarit dwt-�"I I i ng Uri i t S ,
Rate: $278.70 (market value
r
C, U S 11 :"1 S 1 d c r: c.,- s -e t
negotiable)l
...... Section Break (Next Page) ------
MISCELLANEOUSI
September 3, 2002 61
-------------------------------------------
G. A year-.'o -J report., - -�,
I. form sat' sf'�ct,:,ry ZO t .e
C-T1', on the CI` Y p r,,,qr e s 3 irl _ meet.ing a r. d
I'lair.tainific'—its ability to meet its 00aiS UFICI( PR
n::j w: th arty chan--.ies.
1
4 Q1.a ter] Y 'Report_s
Deleted: 1. "Hard to Service"
Vehicle Usage Rate: Ng_QhMrj
2. 'Hard to Service" Bin Moving
Rate: No Charael
3. Special Bin Lids (Locking/CBL)
Rate: 530. (one-time
fee)
4. Deodorizing/Replacing Bin
Rate: No Charge Once Per Year
($30.00 additional)l
5. Charge for Returned
11 mi- V I- e r10 r t
Deleted: ......................
fort.v-f (4 5) days aft r! lie close c,f each f i sca 1.
RATE ADJUSTMENT SCHEDULET
u a r t- e r , G.:2 A.N TE E s ha L , 1 s u i)m t _:i 1.r i- t e n (.ju a r t e r I y re po r t 4n a
EXHIBIT HI
orm approved by tnFi CTTY, i n c I i d i n g , t ut not liruted to, the
DATED DECEMBER 23,19951
ol.lowiriq information:
1 1. Annual Consumer Price Index (CPI)
I and TIODing Fee Adiustment.1
,A. By rre,:hociolog-,/ tc. mutually agreed u-Pon the
...)2721
_a _by
CITY ar• GRANTE' v. e 1, 3`1 L Jr VC)1LIMe_,')f Resildeii-ial
Deleted: (1) CPI Formula: Rate x
` n7, Discards, Bulky Items, Source
T—Diid WaSte, ild
(86% x CPQj
separated Yard Tr mr.inas and source separated
lI
P. e c Y,--, 1 a'- 1 e So I id vast: I ec t ed f rom Franchise
I (2) Landfill Tipping Fee Formulaffl
_-:ol
Area.
I
(a) Residential Rat - $0.45 per
collection b i-:s, tc-jeph,7;r.e book coliec ion
$1.00/ton landfill increase times
3. A c, r. 1- 1. a ncl I. i I i n v oic e s for Residential
current CITY published residential
_!sal �:,ursuant to this Aqreernent.
recycling (loss yard waste) d(—... [2-731
11 mi- V I- e r10 r t
f C 1 j,% I. (;,n.p r c, a
Deleted: (b) Non-Residential Rate -
C S e t ..-, u f and part .. p,a_tL I-. n rates for
incj
1 .90 per $1.00/ton landfill increase
-c-.i __rec,�c._'
times current CITY published
nonresidential recycling diversion rate
less yard waste. concrete, and
'
Ji. 6v i (�! i t. ri d otter inforrna'-ion
rega rd i nq
asphalt, e.g., $1.130 landfill increase
special Collection p r o o ra rr. s during the
quarter
wth a 25% diversion rate would
OIrj-i.i r C11: S r�CY4S�;aper and
. V
ca rdL�oard
equal: $ .90 x I - 1 .90 x 25% = $.90
- $.23 - 3.67 rate incease.%
collection b i-:s, tc-jeph,7;r.e book coliec ion
pro g. r a r(L S r
Deleted: ------
c
B. Se rates tsn;.tfistd in
In the event that efforts of the East
� _g __ I
a C; e d I)1:__ A-N-T E, i n: -1.11, - - i I . I' r F .-_'
: this Exhibit shall be considered an
• I unauthorized level of service and rate
County Waste Task Force to enter
is z a r d c) -,l s Wa sir e o r M, e d -* c a I Waste inadvertently
and shall not be provided or levied
into an agreement with Waste
r L rq the 71-1-jacter, ri c. I u d i! 1
11 _--Z t. r,lynie r
Management are completed and a
a a d r e s s K n i ana� L*vpe �,j
ljaLf-�ria -
lower tipping fee results, GRANTEE
F_11 z --* rial di .Pos cn ot EI-11 zara�ous Was-- e
proposed rates shall be brought to the
attention of the City Manage( .. T27g7
agrees to reduce rates based on a
formula which calculates 1) the
averaae of the sum of alithe
11 mi- V I- e r10 r t
f C 1 j,% I. (;,n.p r c, a
Deleted: e.g., N the average tipping
----- -
tc, tho '- IFY.
i fee paid by the GRANTEE over a 12
month period is $34 per ton and the
actual tipping rate approved by the
County is $36 per ton, the average of
G P, t
t r t t t CITY, G. I-, t
I the two tipping fees is $35. If the East
1) r'O j S S j t r MCQt i r-i(,- acid ria j nt.:ai iA n i t. S
I County Task Force negotiated tipping
a t) 1* 1 i V to me,-t
its cioa Is under AL? 939, al onri with
rate. is $28.00 per ton, the tipping fee
any rc,(_cr-L7ILOr1C,'fd
char.-, c•s
savings of $7($35-$28) per tC -
.. aD
H A I i f za 11
o t s V o 1 e n Jr dElMa ed recyc_- lng
B. Se rates tsn;.tfistd in
- - -
r. 17:
� _g __ I
a C; e d I)1:__ A-N-T E, i n: -1.11, - - i I . I' r F .-_'
: this Exhibit shall be considered an
• I unauthorized level of service and rate
P Tres s "'i
Tta IS
a r L l a E, I riP, 11 t- 101-:e (
and shall not be provided or levied
de i i y
within the CITY limits of the City of
Moorpark. Such services and
IA --If-.! '1.11;
of rtcn-siitscr I bi rig add Y e s S e S and
proposed rates shall be brought to the
attention of the City Manage( .. T27g7
September 3, 2002 62
accounts, c ,I t - o a c, u 1, t :3 , and n e -w a .z.,coun t, -9 to
assist CITY in its enforcentent of the Contract and
Payrr,;?rit for 01 ol i d W1 a s t e Col '. ec t i on Services and
related provi:idons of 'ri.*-I.e 8, Chapter 36. This
list shall include all oertine-nt CUStorrker arid situs
r-1 f o r.md L i. f" r-, including custoner name, site address,
c u s t ome r t e ie, p ho ne i%kimbe r, and it different t t �. e
Ei 1 i 1-1 --1 ri - name - -- - -a-d-d-ri -,e- —ss —, -t* -e- 1-6 -p—f 1-3 r —ie - number a r i d property
owner's riamp; and inforniatiion that GRANTEE
may_possess that may assilst the city in enforcil�-2
tie
8, Chapter 36. Non- subscribing addresses not
Subic
--�r cernen t C t er f , -, " J- the Re f u se Collection
provision of Title R , Chanter 3, such as valid
exerv,pt.ions isstve-J Ly, shall t,e submitted in
a _sf-parrite with the reason the account is
not. s,,&ject 7:o enforcement indicated.
I I ems not 'Listed in P. throuqh I anw,,P may be
reQuested by CITY upon thirty (30) days written
notice to GRANTEE for inclusion in. any subsequent
I Deleted: (2) Special fees.
jarteriy . report, as reasonabiV necessary to assess
GRANTEE may, in addition to a
IZE' s compliari.cr-,-. wi-h its obligatiors under this
monthly charge for Solid Waste
me I, L
services, charge an additional fee for
accounts in arrears ninety (90) days or
more, at which time the GRANTEE
Mor:tiinlv RepJr,Ls.
may require a deposit from a
customer equal to the cost of ninety
RANTEE she:ill submit shall be due-
(90) days of service before renewing
or continuing to provide service. Such
fifteeli (15) ca`erda!' days rcm the end or tLe inoll--,hl
deposit shall be refundable and shall
e. d a e I y hal
p(,r�od being rep, ,r miri.:miji, Lh.. rnortti� rep, LS s
not replace or reduce any past due
separately i de n t i fy residentia and co.runiercial solid waste
4amountsorlatechargesowedwnich
Lrf (-:!:rriation as des icnat,-�.iJ, 1)y th.C- C' I:y Manager an(l but
i may be required to be paid in full at
the same time a deposit is
not k-'e limited to:
paid.
f Deleted: (3) Rate Review.
Ll.s '. nf acco�jrit s, cut—off
GRANTEE shall pay to City actual City
for
a cc C U.: I and new accoun-.s -.o assis' CITY in its
staff costs staff time spent
processing annual rate reviews, but
eat r _Ghent. t: I C, -a I I C r V Ple f u1 e CO. 0 r I
not to exceed twenty (20) hours
r.)rovi:z4ion -f T O. P-Q,
annually.1
Deleted:
C V t, r , J St. a L f Ll7 T1*,`),iU-.1-,/ Franchl 5e
'C,
INTEGRATED WASTE
I MANAGEMENT ACT TOPICS1
Ftr- E-, .9 and h e a s or r he o r. *.hereof ,
I
ccrtificd bv an otficer of -GRANTEE; r.a
EXHIBIT tj
DATE DECEMBER 23,19951
i n t ,) rra i ,:r r ecpi i i: ed 0v t n i ri t- y of VPn!�ur„
i Deleted: 1. GRANTEE will collect
a'1 7 ne 'v` e n- u r a o --i r1 c. i I o f G�)vcrnrr..ent— JVC� f r
and pass through to CITY a CITY AB
1 939 Waste Management franchise fee
T1 U r- p o,.
on a monthly basis as describe for the
submittal of franchise fees in Section
Suvtna -r i e f c e. 11 c, c -- -J o, r i a,,-.T:iv.4ty on _ Disposal,
14. The Fee, identified In Exhibit G
(Service Fee Schedule) shall be set
a n e r. a n
'! d a r -. i c 1, p a t. 0 1' I r� p ra m S 1-I a t:- J's
and adjusted at the so discretion of
le
ac,cf�p-a—ie to the Cit
CITY. I
Deleted: 2. GRANTEE will conduct
waste sorts and waste
characterization studies, mutually
acceptable to the GRANTEE and City
Manager, for CITY planning
monitoring purposes. I
September 3, 2002 63
Exhibit F SPECIAL WASTES
DATED C TOEEr
�3RA. —EE shale not coiiect (a ;ido,is Waste or `pec^iai _Waste
net defined as Universal Waste. For the purposes of SP.i�NTEE
rC •ldinq, coile l.i.on, ng and
rOli -off drori troy services for arjel -ial Wastes as specifle^., in
SECTION 14, ttte =ollc- inq sla t.]. constitute the definiti.or. of
sLE?C:.ial wasties:
QDritainer'12.ed wast.o .".C.., a drtarl,
1,oz, pail, Pic.) .
Waste trans,))orted iI. a bulk tctn:.ker.
Liquid wasto
Sew�e _Sled (7e.
waste from a T;ollution control process.
kesiduP and ciebris from the clear.tp .f a S[;il_.
- - -- - -- -- - - - - - -- - -- —.. _..-- - - - -- -- --
nor_- na .z ardols comrlercial rCdl.lct-S.
Dead animals. _
Waste water.
Other items as i-x.ltually agreed ut:.on in writing
))or--ab e tank
I
or release of
jrl Gerforminq th(, Soryices undQr this Agreow.ent, GRANTEE
stall comply wit)-: all federal, .state and local laws, regulations
ar -d ord.i.r:anc..:,s a:;)>li::at:.le l _ tLe S.-,rvices prc,:,.id ^d purSUartt *o
this A-1 ee:ner,L.. with respe,_.:. to Uri.�,,ersal. Waste, GRANTEE, staid
plovida 1:he CTP'i s:ith n ;, +rit.`.er. re;.ort: .n a form prescribed by
1 t e "1'-Y t iat des, -ri) es the urrent. met -hods by i h i c i GRA.dITE
col Pets. ,._ar.srort_ . han:11N.� .
_. s car. -. re��•v:-:1 PS. ar,;, ri s:;, sPS ct
Universal Waste. These r:-tethoas .shalt conform to a_i federal and
ta'..e reau "itions t) :a. ?re ap pll l-)le. to '.iniversal Was ?.
Deleted: 3. GRANTEE shall take all
steps necessary, at its own expense,
to reduce the waste stream collected
under this Agreement and to divert
Solid Waste from ultimate disposal in
landfills or transformation facilities.
As long as CITY determines, landfill
diversion for recyclables, yard waste,
clean wood waste, and horse manure
exists, GRANTEE warrants that these
source separated materials collected
pursuant to this Agreement shall not
be disposed of in a landfill. Disposal
of these source separated materials in
a landfill shall be deemed a material
breach of contract and is cause for
termination of this Agreement and
revocation of the franchise.¶
Deleted: 4. GRANTEE has an
obligation to assist CITY in meeting
State mandated Solid Waste
reduction goals. Prior to instituting
any waste reduction or recycling
program initiated by the GRANTEE,
GRANTEE shall first submit the
program to the City Manager for
approval. GRANTEE shall not initiate
the program without City Manager's
approval.1
Deleted: 5. GRANTEE guarantees
to CITY that it shall cause at least
twenty -five percent (25 %) by January
1, 1996, as agreed to in the previous
Agreement with CITY, and fifty
percent (50%) by January 1, 2000, of
the waste stream collected in
Franchise Area A, under this
Agreement, to be diverted from
ultimate disposal in landfills or
transformation facilities in accordance
with the regulations implementing the
California Integrated Waste
Management Act of 1969 (as it may
be amended hereafter). CITY, at its
own expense, shall be responsible for
implementing the public education
and awareness portions of O ... z7j�
Deleted: .....................
i 6. GRANTEE may, but is not
required to, provide such services for
special wastes as listed in Exhibit F.
GRANTEE may provide such services
for special wastes if contracted to do
so by customers under separate
written contracts negotiated between
GRANTEE and the customer
generating such special wastes. A
schedule of fees for these special
wastes services shall be approved by
the City Manager. 11
f Deleted 7. The failure of
GRANTEE to comply with any of the
above shall be deemed a material
breach of this Agreement .I
Exhibit G
MOORPARK SOLID WASTE
SERVICE FEE
Schedule of Rates
January 1, 2003
RESIDENTIAL (Single Family) Automated Service
1. Discards Collection and Disposal and Recycling
and Yard Trimmings
Collectio
A. Regular Monthly Rate: $21.41
Manual Service:
$19.24
Trash - 64- gallon cart
Recyclables - 64- gallon cart
Yard Trimmings - 96- gallon cart
B. Senior Monthly Rate: $16.07
Manual Service:
$15.52
_ Trash - 32- gallon cart
Recyclables - 64- gallon cart
Yard Trimmings — 64- gallon cart
C. Super Recycler Rate $16.07
Manual Service:
$15.52
Trash - 32- gallon cart
Recyclables - 64- gallon cart
Yard Trimmings — 64- gallon cart
D. Service Options
Trash cart exchange from 64 to 96
3.00 /mo
Additional 64 gallon trash cart
5.00 /mo
Additional 96 gallon trash cart
8.00 /mo
Additional 96 gallon yard trimmings cart
3.00 /mo
Recycle cart exchange from 64 to 96
1.00 /mo
Additional 64 gallon recycle cart
2.50 /mo
Additional 96 gallon recycle cart
3.00 /mo
E. Limited Service w/o Yard Trimmings $15.40 /mo
Trash - 32- gallon cart
Recyclables - 64- gallon cart
No yard trimmings service
F. Service Changes
Customer may change service levels during 2003 at no charge.
Subsequent service changes after January 1, 2004: 5.00 per request
G. Additional Charges
Move In / Move Out Service Rate: $15.00
Additional Bulky Item Pickup: $25.00 per item
SW RATE 2003 Schedule Page 1
Exhibit G
MOORPARK SOLID WASTE
SERVICE FEE
Schedule of Rates
January 1, 2003
COMMERCIAL (Dumpster Bin Service)
2. Discard Bin Rates
A. Monthly Rates for one (1) 1.5 cubic yard bin with following pickups per week:
1 time a week $99.31
2 times a week $172.70
3 times a week $246.12
Non contracted 1.5 cubic yard pickup: $38.46
Compacted 1.5 cubic yard pickup: 2 X weekly pickup rate
B. Monthly Rates for one (1) 3.0 cubic yard bin with following pickups per week:
1 time a week $111.91
4 times a week $369.90
2 times a week $197.90
5 times a week $455.89
3 times a week $283.91
6 times a week $541.89
Non contracted 3 cubic yard pickup:
$44.93
Compacted 3 cubic yard pickup:
2 X weekly pickup rate
C. Monthly Rates for one (1) 4.0 cubic yard bin with following pickups per week:
1 time a week $124.37
4 times a week $419.69
2 times a week $222.78
5 times a week $518.13
3 times a week $321.24
6 times a week $616.58
Non contracted 4 cubic yard pickup:
$51.28
Compacted 4 cubic yard pickup:
2 X weekly pickup rate
3. Recycling / Composting Bin Rates
A. Monthly Rates for one (1) 1.5 cubic yard bin with following pickups per week:
1 time a week $48.64 4 times a week $194.59
2 times a week $97.31 5 times a week $243.24
3 times a week $145.94 6 times a week $291.89
Non contracted 1.5 cubic yard pickup: $16.05
B. Monthly Rates for one (1) 3.0 cubic yard bin with following pickups per week:
1 time a week $60.80 4 times a week $243.25
2 times a week $121.63 5 times a week $304.05
3 times a week $182.43 6 times a week $364.87
Non contracted 3 cubic yard pickup: $20.07
C. Monthly Rates for one (1) 4.0 cubic yard bin with following pickups per week:
1 time a week $74.10 4 times a week $291.88
2 times a week $145.95 5 times a week $364.87
3 times a week $218.90 6 times a week $437.84
Non contracted 4 cubic yard pickup: $24.46
SW RATE 2003 Schedule Page 2
Exhibit G
MOORPARK SOLID WASTE
SERVICE FEE
Schedule of Rates
January 1, 2003
4. Temporary Bins / Roll -Off Drop Boxes
A.
Temporary 3 Cubic Yard Bin Rate:
$85.14
B.
Redelivery and Reinstatement Rate:
$25.82
C.
Roll -Off Disposal Rate:
$162.97
D.
Roll -Off Recycling Rate:
$162.97
E.
Roll -Off Compactor Rate:
$325.94
F.
Roll -Off Recycling Compactor Rate:
$325.94
5. Miscellaneous
A.
"Hard to Service" Vehicle Usage Rate:
B.
"Hard to Service" Bin Moving Rate:
C.
Special Bin Lids (Lokcing /CBLO Rate:
D.
Deordorzing /Replacing Bin Rate:
E.
Additional Deordorize /Replace Bins:
F.
Charge For Returned Checks:
G.
Charge For Delinquent Payments:
SW RATE 2003 Schedule Page 3
+ Landfill /Recycling Fee
market value negotiable
+ Landfill/Recycling Fee
market value negotiable
No Charge
No Charge
$30.00 (One -Time Fee)
No Charge Once Per Year
$30.00
$15.00
$5.00
Exhibit H RATE ADJUSTMEMT SCHEDULE
DATED OCTOBER 1, 2002
1. Annual Consumer Price index IC"I)_ and _Tipping _Fee _Aciiustment.
The clIjIng,on, rates in Exhibit W shall bt,ydjunW2d to
refiect_Ajanges in the ��c2.,s4pier__2rice_index and landfill
fees without further actio E by the City Council. The
jqiustmeno shall be effective as of the first Qay of_Jlanua,r_y
of each calendar year. The CPI -adjustment shall be equal to
the amount derived by multiplying the previoas Hauler Rate
t ivies _ne percentage increase or decrease in the Consumer
Price index for all urban consumers within the Los Angeles
metropolinan area during hn pLiur calendar year, excludindi
the h-)U�S I- nt. The "Hanler Rate" means tne ezisting
Ass Franchise Fee a --- d-A
rate n B if39 Fee. The comb :arison
shall be made usinq the month --F 'July of each ; ear and shall
be etfective each ter. As of July 1,
2002, the posted landfill lipsing fee for Franchised Haulers
Ls $39.27 _pj;_yon. r 'L
The first are Jjusment shall occur
January 1, 2003 as authorized by applying the terms of this
Agreement. The landfill :.ip,,:rIo fee ad`ust-nenc shall be
effective at the Wart of he irs- fij-1 c:i'
attar -the -11haf 114- IT P-P-Ang-I oc AS adjusted. Me formulas
For the annual CPI and LaWfil: Firping Fee AdIusiments are
as follows:
CP- Formula: Hauler Rate x (86Z x CPT
(2) Landfill Wpina Fee Formula:
W) Residential Car-, Service Rate - A landfill
--c-h a il-jpe -- Is
aa cumLed by,muMplyIng morWy,jesidenzial.
a. cc5-6 --i t -d sell b y tae c h a ng e in t h e amount
c.- tLe posted ndf ill c.har:je per tor... Tc
deLermine
Me notal annual waste
WnEaqu gcal 1 qq[qdjn! GRANTEE is divided by
tne tonal Ewer at GRANTEE accounts and Py
Wive- -060 ho in a year Y
amou"n 61- the
solid waste tun naqe is tY:
FaVal M"Y residenUal I andN I I so waste
to_ the &A-M&HY-FaMah? year.
UW, npyr , 01W, , the annual
-Asidentill solid waste notated 10, 191 ibis
rind Lhe -
ro was x!: --,-,.,cra-gc of 7 ;3 a::C,'OUntS.
_fie noi-:ria ge 'by the acco..ints equals
10,191 divided by 7, 903 = 1.29 tons per
rcsilent-al accourL per near. Mvidin• 3.29
ky 12 7 tons per household per month.
thi AGENT can also
ajIrjj a
res
'It i a I disposal/number of
accaunts/1 (tip fee change)= monthly
landfill Change. A recent Landriji increase
was &-92 JM' Unk For a new Posted rate of
1051 -per ter,. Therefore, e landfill
increase for residential customers would be
calculated as TOILOWS: 10,191 residential
tons I .50 re s i de n t _acs punts c 7 1-2
pep mom*i
landfi-LI increase 5.10 increase per
--
month for e-a-clh--i-esi�jTerjti, ---
al account.
-AkusVments to the Yard Trimmings qi_s .oral
same manner to
A )0 c-a ul*,a d in tare 156 A- Vol
.pass thro
adju-Ments to tine osted
tippina tee tor It the Yard
-r-111,1:11nas tonnage is not availaNe, then it
will be f.a(�toi-'ed to be 15'1 of
d(--n-,jal
disnosal voiame.
--d fee
77---1 It- 72 ��P- P-C��iit�q_�+_-.T' i-
for reen Tr rrlIlilnC,A is —1 2�5 7, -.- 7 Cl.— - -
Q1, Residential Bin and Roll Off Drop Box Rate -
ur the purpose f--- d-t e- cal , U-
1 lion, H is
fee
ao-ustment rate will of one
hundred t:;ounds (jr)o _Ib i c yard of
r, t7 11
_r
S EA L v 1 H voluille prOv:I dea. To
determine the - monthly T! a n d c i 11 rate
various bin sizes and service
ilygi, the formula can also be expressed as
=SL[•i (((bin volume in cubic yard� *frectuency
ol: wee
100) *4_33) 12000) * Khanqe in
Iranchis huller laIldrlll
rate }) . Fo r
f7t�� ),5S
examv-O, wIth a increase -ted
MAIN rates, -
Area
once per s fill
t,, d
a 11 us 4 frin n L calculated as v 0 In w UM
T (30 11, p q p
$0.60. war MOnLh
Three-yarc An pic
incrcase. a bin Ozivoice, per
wcek ndve a Vi.20 per month increase,
Nntes• 4.33 represents Lhe avyraue rumber of
occur. occurence Q?j
-.- I , r* - -- -.- - - - -OPPI" 1Kjjj_= 4.33);
repres;�nt's C- fi c - solution to
variable parOnn of the raLe formula
) U , -- --e weight
a t�'P- Ell
:U,:'(: yard of
Lne weekday
2U'6, tc-11.
Seplember 3, 2002 68
2. CIWMP FEES
County Inteqrsted Waste MaLYq=�.'It. P r1l):4 f a 151 ((7_1 WMP) fees
imposed Q the -CointV sh !.l t_hr-u(4n t.c ','I"I'Y or
ratepayer as jirecteci .may CITY. Anv CIWMP fee decreases
shall also be wassed throu"h to CETY or ratepayer as
diregredwy,QTY. As of July 1.,AQP2,theCIWMP fee is 50
-- ----- - --
ICQ f t ) n .
?. Extraordinary
A. In addirion to, and nol, ir. lie,i of, the ann,,lal CPI
Mustment. UNANTSE shall also Le entn led to rate
increases or decreases in an -hount,fquj1 to GRAMTEEIS
Ely isbialn-a-r-y -there -1161- & --- - de-creases in its cos of
collect _or. GRANTEE'S IM prouessin:g fees, now or
a - - ier F�7- -Ieviel on CITY nor
nei_l
kmr sh,
addej to the In addition, any fees
imnsed on GRANTEE by arathi�r local pub..ic agency
related to 91r
use a: public infrastructu:e in the form of a ree or
other considetakror: soall neiLner he :evied an CITY or
any _;:�-,iot:o-ner G
With')ut t.le o_ nary
increases or necreases in Lhe cost. of coLlectim
nc'-! .1 d Y way of exabrIV-10- Wt by --- No- of
U
11wi gat_ ion: 11) a CiIdr•e: ir! the 1o(_"aLi(;n of the
!andF!j of a0wr lawfu: ninjoyal siLes to Which
CRANTEE is requirad io traLaport Solid Waste collected
voieinder; f?) Manges Ln the local, Maw or Federal
temporary bin and roll o.
services and collection, epa i z an
rsportation,
ramion,
or NsposaIMAM id Waste- 11)
he
new - - or incr - ea - q ' a ja;es, fees or Q;jgqj_ap_,
(4) '} :nee in �aw. hny additional special, fees
assucimed with special or r:,anda_ed CITY �,rr:,cirarr.sin
U: I- howe r M10 rcd n the Aa"mmant. AMI V
d shall conside! a
aLt ho' 1 ze C it
raic.
B. SprVres and ra:es nQ7
lisv9d in
rnis Exhibim shall be
considered an
unauthorized
=C_-vol
of servico and -
i'afe
and shall not
be uruMuod
-or :ev'ed
wit-hin Uu:
'IT':'
.imins of tnq_,CAtj
pf
Hampark.
Such services
am-id
ArOPOTOO ranes
sha:1
be
brounit Q khe
City Maqjqqr foreyMy"Licn
qqd
1 Senior cilivcn =4 or Recyclar raLe. The
20unri I shn I app7ove by rayo gkiorq the Orn (A L annual.
rate review, -he porcentaqO chan2n inITIVA -or --sen-or --- c.-iti
si Ly-.wo �62* r•f age &-.;J ai.d
er rAt a. Th whinh shall he comparable
September 3, 2002 69
tr rhe jVhD;pt:?
for a] I ,::her customers.
(2) Special fees. GRANTEE may, in addition to a
manQly chazqe for Solid Waste seivices, charge an additional fee
fur accounts in arrears ninety (901 days or more at which time
GRANTEE may requ;re a deposin from a customer equal to the cost
�)t r:1nt-tv s GI Vice betorp renewinq or %7.rjL.inuWato
ser refundable and shall not
provide service. Such
. s. a e
a:iiouri��F -.1r late ch—lqes--o-wed -Which
may ,vt r;RqjXeO,;p py paid,J-1511 Tt it
p k-_) s.:- is
(3) Rate Peview GRANTEE shall paX to City actual
Witv staff cosy s for s4aff time ,'recessing annual rate
Ily[eys,jut not to exceed twenty_ J91,`yours annually,
September 3, 7001 70
EXI.-Lbit I !NTECRATED WASTE AANAGEVENT ACT TOPICS
DATED OCTOBER 1, 2002
1 GRANTEE will _to .��j_TY a CITY AB 939
Waste --Rana&,6*in6n---' FraPhise Fee an a monnhiv his -A
describe for 'she submittal of Franchise Fees in SECTION 14.
The --TE7 ifien in Exhibit S Service Fee Schedule)
MAPS se L Tli-esr.-Te- disc_. et- Jor of CITY.
2. GRANTEE will conduct waste sorts and waste characterization
studies, muivally acceptable P:- G- .ANTES and CiLy Manager,
for CITY planntnq unniWinn purposes.
GRANTEE sha71 take all steps necessary, at its own expense,
to reduce the waste stream collected under tolls ,Ayoneement
sEd--±6--aiveit Solid W a s t e disfosal in
landfills or transEarmaticri facilities. As long, as CITY
diversion for— recyclablegc- Yard
and exists,
f i�inni nas, clean weDo
L 'P.A.17EE: Warr. , n -t s -t h --a t -hese source --- -separated
as te s
c J- u r7E--n - wa7 u n e d i 1 Q IQ
of in a landfill. Msy"nsal of Mese source-separaled Wastes
in a JandFill shall be 6eemed a mater is hreacn o" contract
via and
cevooaLiun of the franchise
4. Prior to instituting any waste reduction or _recycling
oroqram ViKlated by GRANTEE, GRANTEE shall first submit the
21gagam to the pr _ CRANTEE snall not
initiate The program wi:hou: Ci7v Manager's approval.
GRANTE1,agrees-hat it will undertake reasonable efforts to
--sWieve a
As PTnnch'se Area colleMen under Lhis grpemeqL,ald the
- rear
accordarce win Ue iorrA ar-.d c:)nJ:,icns of thisAg!eemCir1t-.
MT? at re.- -'Ons i bl e For
pikl-'c anj awareness Porti Of
the Source Rudu ian PeavcUnj Klemert, as U may be amended
hereafter. GRANTEE snall ise best efforts to maximize the
"RAN ot MAINTE6
My; ncn meet tne divers or reqnLremefts W Al 939 for its
entire' -AM the Tin -deferminestnal-GRANTE-E
has &A-65dindken icasonab! c . I a - ffo .- r - t-s
anderLake reasaqw&e et. fo its La ATMmert.
--hi-the My 16-110mize diversion If
programs necessary Z,
&HANYHh's vVe cost and expense.
6. The failure of CRA•EE no com*lv with any of the above shall
be der. mod a •aLarial 1'. re of Ujs AqreemerL.
EXHIBIT J GUARANTY
DATED OCTOBER 1, 2002
This GUARANTY (the "Guaranty") is mate as of / 2002, by
Waste Management Holdinas, Inc., 1-1 Delaware corporation
("Guarantor") , the address of which is 1001 Fannin, Suite 4000,
Houston, T::,as 770021, in favor Cif the Ci"y -,f Moorpark, a
municipal corporation (the "City"), the address of which is 799
California 11221,
T�y M r.
___1. Reci va Is. This Guaranty is made with respect to the
(a) The City and G. i. Industries, A Utah Corporation, and
USA Waste of California, Inc. A Delaware Corporation, A Waste
Manatlement Company ("GRANTEE") have entered into a FRANCHISE
AGREEMENT BETWEEN THE CITY OF MOORPARK and G. T. Industries, A
Utah Corporal -ion, and USA Waste Of Mifornia, Inc. A Delaware
Management Company FOR PROVIDING RESIDENTIAL
D October 1,
2002.
(b) The City would not en-:er into the Agreement with
GRANTEE unless the Marannor agreed to guarantee the obligations
of GRANTEE under the Agreement as provided in this Guaranty, and
the Guarantor, as a manerial inducement and consideration to the
o enter int--,., ;-he Agreement:, js will-.nq to execute and
deliver this GuaraR;y,An#,xa aqyt,tp and be bound by its terms.
2. Guaranty
2.1. Guarantv of ObWations. The Guarantor
unconditionallv,
ab oluteiv
and irr(--voca,1-)-v
quarar; tces
to W2
My Lo WUM
rho full,
Urampb and 00MVI(IM
oavMCK and
Mr,*(JrTlaric(> Winer
Ke of all
Mcbtadwss
end obliaWars
of
t. c is
L'I I d [-' T.-
L. h e Ag C'. c ri e r
ric I ud i n q ,
wi tlliou L
lln*Larjon, igwions
of
r t o
GRANTEE
Our W Aureament.
2.2,ypq;;;ty,qV,?3 yw;pj. the Guarantor or,
011-Guaranty is a quaranzy of paymcnt and perfKAWK-Tha-AT-0
collectibility, and is not conditional or contingent on the
clenjineness, validity, reaularity or enforceabilicy of the
Agreement ur tho purygit by the Wry of env remedies chat it now
has sir mav hereafier - have 0.0 resve i a A The Aweemann.
2.3. Corr n0r��,,, JV r '7� -_-nt . C
qnaranty of the indebtedness and obligaiiens of GRANTEE under the
Agroomant, Mcludinq zal Y and al - such indebtedness and
obligations which We rn%ewed, extended' compromised, or
rcsLrustured frarr- time to time.
2.4,-IndependerL Ohliqakor.S. The Guarantor agrees that it
TY-T-1--ecUl, pi irnara iy I an I e to the City, that the
Guaranto he rounder are independent of the
1QUiRess and the _2b?jjAt?qjsR GRANTEE under the Agreement,
A be brought and
and that a separate action of Kgons may
prosecuted against the Guarantor, whether or not action is
brought against GRANTEE or whether or not GRANTEE is joined in
anV such action or aciions
3. Consents ;y Guarantor.
- --
3.1. Consents. The Guarantor hereby authorizes the City,
without notice or demand and wivhont affectins the Guarantor's
liability horgunder, from time to time to:
3.1.1. Changes in Terms. Ponew, camoromise, extend,
accept partial payments, accelerate or restructure the
indebtedness and obligations of GRANTEE under the Agreement
or otherwise chine e the -time forp_ayme�ntqr tare terms of any
such indebLeaness or obi or any part thereof.
3.1.2. Amendment Waive, amend,res-ind,
_
maditv or otherwise change any of the terms or vrovisi2ns of
the Aqreemen�-
3.1.3. Liquidanden of Guaranteed Obligations. Settle,
release, compromise, collect or otherwise Hquidate any of
4-he . 1 ndebr edness oq_ohIijq4jpns of --GRANT-KE—under- the-
Agreemenn qr, any earn the y
ccilavera. 7herefcr in aiv-61&IiO as the Citv mad' determine
in its sale and absolute discre7ing.
3.1.4—.-Collateral. Take and hold collates l to secure
the payment and verformance Q the indebtedness and
obl i uat ions of (;RANTEF uncle - t to A-1 rcerrtent ari(:i e:,chang-.- ,
enforce-,, uai and rel-_�a�3c a,jy c,,Ilatlerai, and apply
surf: o, I '. a t- e ra i and �1--ecn Lie order or manner of sale
rhe"01-0 71-0 &-ky-7-n-Ass-n- -e an-d-a-b-s-T-luTe Mscret&n ma
determind.- - . - . - - . - - - - . .. . -.,. - - --- - - --- --- - --- -- - -- --- - - --- -..- -Y
3.1.5. Reieases. Reie,-.ise or substitute any one or
more chdar-sers or other IyaEantors.
September 3, 2002 73
---3.2.
Non-l-Releaso of Guarantor. The Guarantor
agrees that
the City
may do any or all of
the matters specified
in SECTION
3.7 in such manner, upon such
terms, and at such times, as the
on ty, in
its sale and absolULO discretion, deems
advisable,
WithOUL,
in any way or Yc5pect,
;moairing, affecting,
reducingg,car
,pjpxViva,
he Guarantor 4 o i Fs
underoakinas hereunder and the
Guarantor
the
matters
SEC !ON 3.1.
------- ...
4. Waivers.
4.1. Defenses. The Cuar-aritcr hereby waives ariv right to
assavt 4gainst W 0PLy as a defense, counterclaim, setoff or
cross-c La im, any defense (legal or. equitable), counterclaim,
setoff or cross-claim which the Guarantc,.r. rnal L --_t an r - _.
h r after nave under applic bjp_lat,�, p or
--n- ---61AIfEET
-4.2. Presentment, Demand and Notice. The Guarantor waives
all presentments, demands for performance, notices of
nonperformance, protests, notices of protests, notices of
dishonor, nQtires of defaulif of acceptanc.(-.t of h i= s
Guaranty, dMaence arA noLWes of tM, existence, creaLion or,
incurrence K UP GRANTEE under
t pAyetpenIt a, W new or addi V: and jndebtednes.s ns
T c i 11 C a a
of CRANTEE -IE16111a-ii-iiiiiii-iiiet 41-hal - t. is -,i r nt.y.,_
ho ... ... .. . . , _c�
and Ali - AMP limb K ---nit 1017) r ionm_,a f-Thatsoever Kim
may be ennitiod under applicable law.
-4.3. Remedies Auains; GRANTEE. As a condition to payment or
yrformance by LLe Guarantor under Ms Guaranty, the Cltv shall
naL ne required Lc, clod Qv Guaraniar hereby waives any a!d all
rQqhs !,-� Xylufle Ap Qny :o, progecul, or seek LO enforce
r-madies agg)ML GRANTEE a7any orher parky bli to Q&
abSo can d-j! the indenzedness and objIganjons of -HRARitt cancer the
t \, see, to enforce or resort tc
irecie, �,,, -, t
ai:y Yz s - t�h resu(:.-� r:o any security interests, liens or
encoubrances vyarnod no tho njty_lvj GRANTEE rr aTy tith-er, ,rty on
account of the indenzerincss and obligations of GRANTEE under the
A ac r cc Q M .01 TnL th -
4.4. Subylat jyp Rjgh;s. jn*..il all the
Ayeempyl on
0& 01450- are - M.y per"form-A and observed, the Cuarantor
wha.i have ne rij;r. c,:7 s __i�;
2p;ion, rNi_mburs.ement, °'I- On_P
2nj_
indemnity or contribution against GRANTEE by reason of _d]
LaLjonts or acts of porformance Q the Cuarantcr in comi•liance
with the oblivamions of the Guarantor under this C-,iarantv;
Septemher 3, 2002 74
provid.2d that-, nc-iwithstaridinq the tor(goirifj, the Guarantor Shall
have no r iq I I t of sub roq at icri 2: C. 1'(t,,)U r S C'Me rl 1: , exoneration,
ir-Aernrity, coritriUuti,-,n ,)r any other ri.ghfs that would result in
the Guarantor bi:ina- deemed a creuit.G,- of GRANTEE under the
Federal Bankrupt -cy Code, and 11.(-, Gi.,&.rarltor irrevocably —waives all
sues] rig and. the right to assert. h riqhts.
r. y _ s u c,
5. Waiver of Surety shic; - Defenses; Antideficiency
Legislation. The :�uarantor aqgee,s that nothir g_fj2. r ined in this
Guaranty shall prevent the City from suing on the Agreement or
from exercising any other rights available to it under the
Agreement, and that the exercise of any of these rights shall riot
constitute a legal or equitable discharge of the Guarantor. The
Guarar.to-r linderst.ands that the exercise by the City of certain
rights _and __remedies conta-`ned in the Agreement: may _affect or
P71..i:-n.i-nate the Guarantor's -.-iqht of slibrociation 1 t GRANTH
11 S
anal that the Guarantor may thprefore succeed to F, pa�rtiaiiy or
tot Illy non-reirnbursabie liabili:y hereunder_ . Nevertheless, the
u - a -ar- tor her-by autic-rizes and er(ipowcrs the City o exercise, in
its sole and aLsclute discrezion, any r--'c
11fts and remedies, Cr any
ccr-,L1)ir,.atiorl of rights arid remedies, `.hat may then be ;r.,ailable,
sirlcF it is the int.c.rA and purpose of the Guarar.Lrlr that the
C'01-,gat.iolls hcr(,wd--?r S Ila I I btu absolute, independent. and
urcondLtionat 11r,ter any art- all (-ir,-' In s -a i.nd,-inq
r.C:e.S. WD-how.,
E! a en P ra 11."v of rf (- fe r P q r. cA , 1 ]P Guarantor. expressly waives
ar.y arcs all benefit n -I - ----C--o-- d- 809 K0 a r ,
---
28- 845, 28 49, 285-O and 2855, rid Calirorn-a Code of Civil
Procedure V§ 58"a, 560d andi 7 2 h-,
6. Eankru.:):Cv.
i 'S. 1 . - j -
L � at) * I i *-v - �;
f --rir Lc:: C -, fe:--,,1,(-,d. Th'- of
,;uiraw, o- unde- hi, C;u,rant.-v shill ir no way b° f ecte d
I)y:
rr rplE,as' or -.iscnar,.ie of C3 A IN F I any
.rp. .1 e -v e r f5 h l'ankruptcy- or _C; t. n t�' r r,�;,- e e o i n q; the Irma rme n
I im' tai:i�.n r modi` tiction or thtE7 liabil the
of GRANT ,D r
. .........
s t
te of GRANTEE, or any iemeriy tor the en-orceme-it. of GPANTEE's
licib-ility, resulting fror, tale r),,ierati.,Dn Gr zin-y, present or ful:.ure
of t1-:c Fe do r a 1 k runt,-y Code or- an-y, barkrup�cy,
I I , SO I I Cy , J --� 1*: *- a r.: e I L o f s �: a t.!j,- c.- ; s t a Le or f•oder'alJ, Cr an
(.1-he- sl-tut.e, or. [rom the CiecisLcn c* ar:y c.c -urt_, --he
r d1saf--irmarcP cA -otli ,A''-ors of
urder t.tll r fzj ri r_1 ^:] r.. nc-- i eo 12 a-IV 'i u c, h
(-.,.T.,? r t-
or thel cessi-ition, C:a..lse 4!1,::itscever, whether
ccrl ,ansualorbv operetric-i cf 13,w, c)' 7 t nr' i`aciiity of :,RANTEE to
.
'he
7. T•nn-fria--icii of Thr-, obligations
September 3, 2002 75
under this Guaranty shall continue in full force and effect and
this Guaranij, shall hot terrrniin;ate, until the indebtedness and
KI I qaLions of GRANTEE under the Agreement are fully paid,
Larformed and discharged and the My alves the Guarantor wriLten
notice of Oat fact. The indebtedress and obligations of GRANTEE
under Lhe AqreenwW sNall no� be conside red ner Formed
nnd dLs,::na and by GRANTEE to the
right o( he
n part of any
_
n
opson- XOSIMOVII— without 'imi - Win,_ GRANTEE, GRANTEE as
ueb:or- in-possess ion, or any trus,:e.e or receiver in bankruptcy,
to set aside such payments or seek to recoup the amount of such
payments, or, any part thereof. The foregoing shall include,
without limitation, all riaAs W recover preferences voidable
urJen Lhe federal Hankriptcy Code. In the event that any such
b y to the City _aye _set aside after the making
tr�rrof it whc'le senled without litiqation, to
- -- --- --.- -*- - -- -- ----�--Which --Ts within the
the extent such settj.em-qt_ al I f
niqy ;_splq and !te d'i the Guarantor shall be
full - the City is required to repay plus
liable- for n�
cusis, interest, attorneys' fees and any and all expenses which
Ke City paid or incurred in connection therewith. The Guarantor
Mall continue to be liable under W: terms of this Guaranty
norwithstanding Lhe transfer by GRANTEE of all or any portion of
!:. r -ft ---tr- !`finn to; B.A. M. Are can n-Z .
1. Otner Provisions.
8.1. Ezuenses. The Guarantor acrees to Pav all attornevs'
fees and all other costs and empenses which may be incurred by
the City in the enforcement or collection of this Guaranty and
the indebtedness and obliqaLions of GRANTEE under the Agreement,
wheLhcr or not tLU is filed.
R.2. Tmere sv. All amoumj, rjqQ;d,j
t
k Me Gwrantor p-.1 rsuant 2 the 3rcvis:.ons of t pis Guaranty
_
liminatj on, t to SECTION 2 and 9.1
hereof) shall bear WOMEN& the
are duo to the date. of Paymot thereof at the highest rate
permitted by law. Al'_ payments of such amounts by the Guarantor
shy'l include anv such accrued interest.
8.3. Governs q_Law. The VA 'Aiky,_A2nstruction and
perIgEmance of thki Mmrawne sha l I be goverr b� the _lairs,
without TANYTO A Q- laws noile •- -cO--I i il•t of 1;:1ws, of
the State of Calitornia.
8.4. Entire recmont. This embodies the entire
aareement and understandinq between the City anti the Guarantor
September 3, 2002 76
pertaining te. the sublect matter of this Guaranty, and supersedes
all prior agreements, understandinqs, negotiations,
topresental ions and discussions, wh�zher verbal or written, of
such partics, perlaiNna to An subject matter.
1.5. AssiqnmenL;,jjyjrq,EffeCL. Neither this Gu rant• nor
rJjhLs j;,obLjgations under this GjarantV maV be assioned,by
the -,uaranT:or aitholit tie riot written consent of the City.
of this_§naraMy shall
bind and inure to the benefit of the City and the Guarantor and
their respective heirs, executors, personal representatives,
successors and assigns.
8.6. Notices. Whenever thy_: City cr the Guarantor desire or
ii�vinej request with reopec-
___L _ anmandot_
to Lhis GuaranzV, each such comminication shall De in writinq and
.. . . ........
service or mailed by Certified Mail,
receipt reque�t-!� addressed as set forth
ir. the- first paragra-ph of this Ouaianty. Such cormunications
sent shall be offectivelv giv•n when they are recei-,,ed by th.e
addressee thereof, Luz if sent by Certified Mail, they shall be
qfQcLi-vely given Lhrce (3) Jays after t-eing the
Unked States MaA. The My and the Guarantor may chance thcir-
jesp2gLive address for such communications by givi
UP Wher Tn-c 0 Nil OR 0-17PA. is--s
8.7. Amendment and Waiver. This
LiLa ra r. Y_ ma not be
amended, modified or supplemented except by a writing duly
executed by the Guarantor and a WAy authoxized officer of the
citV. No provision of this Guaranty or right of the City under
this GaaranLy can be waived Except by a writing duly executed by
auKorized WfLccr of LK Wy. No waiver by the City of
* breach of any prnvision of U's consLwen as
* WAVOW7 oj ann n c
krk.'r---aranc t noncomplART-0
-Ci - ---L tc, see.'w Y,gemedv
bref,c-h the C;uAra-7-jqqj YnU2 be Wain -er of anV
riant or remedy with respect to such noncompliance or breach.
8.8. Time. Time is of the essence •Hi resuect to each
Of L.-Iis
8.9. Severah! 1 11.1 q)i unenf c,.-.
of WS affect. the
ons, a r. d nis a il be construed
r in a
e�-,pects as i - any invaiij or --ane.n.torgeable, , 2rovisign were
cwirt-d.
8.10. Further Action. Me Suarannor agrees to perforM
September 3, 2002 77
any further acts and to c-x(2cute and deliver any other docunents
th&-: r-Lay be necessary in the opinion of the City to effect the
provisions of this
8.11. He ad i n 1:1 s The S ;o'l '-"T 10 N arid otter hE:adirios .
cow aired in for refeLenc(, ur 0ses CID and
Shall r1ol.- affect in any way nhe mean2r,q or interoretation of this
IN WITNESS WHERE()E, the Guarantor, intendirg to be bound,
has ezc-cuted this Cuaranty as of the year and date first above
written.
WASTE MAMAGEMENI HOT DTNGS, INC. I
Pv:
Its:
v of I s S
S t a - 0 o' Count
f I
r this d c:t v of in the vear before rr.e
:cr -sonally appoarcd
personaily known -o rte (car LoVc to mE.- on the bass of
Lc he the r.!- rsari whose nam-� is subscribed
,c) ',Aiis iris t: rurnc---r.!: art -d acknowledged -;_ha' he (she or they)
executed it
S. N E D
September 3, 1007 78
FRANCHISE AGREEMENT BETWEEN THE CITY OF MOORPARK AND
CHARLES ANDERSON AND SEA/SUE INC., A GENERAL
PARTNERSHIP, DOING BUSINESS AS MOORPARK RUBBISH
DISPOSAL
FOR PROVIDING MULTI - FAMILY AND COMMERCIAL SOLID WASTE
SERVICES
DATED AS OF October I, 2002
September 4, 2002
FRANCHISE AGREEMENT BETWEEN THE CITY OF MOORPARK AND
CHARLES ANDERSON AND SEA /SUE INC., A GENERAL PARTNERSHIP, DOING
BUSINESS AS MOORPARK RUBBISH DISPOSAL
FOR PROVIDING MULTI - FAMILY AND COMMERCIAL SOLID WASTE SERVICES
Table of Contents
SECTION 1. GRANT OF EXCLUSIVE FRANCHISE ....................... .............................6
... ...............................
SECTION2. TERM ................................................................................................................. ..............................7
SECTION 3. DEFINITIONS ................................................................................................. ..............................8
SECTION 4. INCORPORATION BY REFERENCE ............................................................ .............................15
SECTION 5. ACCEPTANCE; WAIVER ............................................................................... .............................15
SECTION 6. FRANCHISE AREA ........................................................................................ .............................15
SECTION 7. CITY'S OBLIGATIONS ............................................................................... .............................16
SECTION 8. GRANTEE'S OBLIGATIONS ......................................................................... .............................16
SECTION 9. FRANCHISE STANDARDS FOR COLLECTION AND OPERATION . ...... .............................25
SECTION 10. CONTAINERS ................................................................................................. .............................28
SECTION 11. PLANNING AND ADMINISTRATION FEES ........................................... .............................29
SECTION 12. REPORTS AND RECORDS REQUIREMENTS ........................................... .............................29
SECTION 13. PERFORMANCE REVIEW .............................................................................. .............................30
SECTION 14. SYSTEM AND SERVICES REVIEW ......................................................... .............................30
SECTION 15. FRANCHISE AREA - COMPENSATION .................................................... .............................31
SECTION16. SURETY ......................................................................................................... .............................33
SECTION 17. FRANCHISE TRANSFERABLE; CITY CONSENT REQUIRED; ........... .............................34
SECTION 18. FRANCHISE TRANSFER FEES ................................................................. .............................35
September 4, 2002 2
SECTION 19. IMPOSITION OF DAMAGES OR TERMINATION .................................. .............................35
SECTION 20. CITY'S ADDITIONAL REMEDIES ......................................................... .............................39
SECTION
21.
RIGHTS OF CITY DURING EMERGENCY............ ERROR! BOOKMARK NOT DEFINED.
SECTION
22.
INDEMNIFICATION AND INSURANCE .................................................. .............................41
SECTION
23.
GRANTEE'S BOOKS AND RECORDS; AUDITS .................................... .............................45
SECTION
24.
GENERAL PROVISIONS ............................................................................ .............................45
EXHIBITA
FRANCHISE AREA ....................................................................................... .............................51
EXHIBIT
B
RESIDENTIAL SCOPE OF SERVICES .................................................... .............................52
EXHIBIT
C
COMMERCIAL, MULTI - FAMILY, AND TEMPORARY BIN /ROLL -OFF DROP BOX....
53
EXHIBITC
-1
CITY FACILITIES ................................................................................... .............................58
i
EXHIBIT
D
VEHICLE /EQUIPMENT STANDARDS ........................................................ .............................60
EXHIBITE
REPORTS ........................................................................................................ .............................62
EXHIBIT
F
SPECIAL WASTES ....................................................................................... .............................66
EXHIBIT
G
SERVICE FEE SCHEDULE ......................................................................... .............................67
EXHIBIT
H
RATE ADJUSTMENT SCHEDULE ................................................................ .............................70
EXHIBIT
I
INTEGRATED WASTE MANAGEMENT ACT TOPICS .............................. .............................73
EXHIBITJ
GUARANTY ...................................................................................................... .............................74
September 4, 2002 3
THIS AGREEMENT BETWEEN THE CITY OF MOORPARK,
CALIFORNIA, AND CHARLES ANDERSON AND SEA /SUE INC., A GENERAL
PARTNERSHIP, DOING BUSINESS AS MOORPARK RUBBISH DISPOSAL FOR
PROVIDING MULTI - FAMILY AND COMMERCIAL SOLID WASTE SERVICES" (the
"AGREEMENT ") is made and entered into in the City of Moorpark on
this first day of October, by and between the CITY OF
MOORPARK, a municipal corporation, hereinafter referred to as
CITY, and CHARLES ANDERSON AND SEA /SUE INC., A GENERAL
PARTNERSHIP, DOING BUSINESS AS MOORPARK RUBBISH Disposal,
hereinafter referred to as GRANTEE for the collection,
transportation, recycling, and disposal of Solid Waste from
Commercial Premises in the CITY.
R E C I T A L S
WHEREAS, the California Integrated Waste Management Act
of 1989 ( "Act "), requires jurisdictions to reduce the amount of
waste disposed by fifty (500) percent for the year 2000 and for
each year thereafter; and
WHEREAS, the City Council declares its intention of
maintaining reasonable rates for the collection, transportation,
recycling, and disposal of Solid Waste; and
WHEREAS, Article XI, § V of the California Constitution
authorizes cities to protect the public health and safety by
taking measures in furtherance of their authority over police and
sanitary matters; and
WHEREAS, Public Resources Code § 40059 provides that
aspects of Solid Waste handling of local concern include but are
not limited to frequency of collection, means of collection and
transportation, level of services, charges and fees, and nature,
location and extent of providing Solid Waste services, and
whether the services are to be provided by means of nonexclusive,
partially exclusive or wholly exclusive franchise, contract,
license or otherwise which may be granted by local government
under terms and conditions prescribed by the governing body of
the local agency; and
WHEREAS, Title 8, Chapter 36 of the Moorpark Municipal
Code implements Article XI, § V of the California Constitution
and Public Resources Code § 40059 and authorizes the City Council
to award one or more franchises for the collection of Solid Waste
in the City of Moorpark; and
September 4, 2002 4
WHEREAS, City is obligated to protect the public health
and safety of the residents of the City of Moorpark and
arrangements made by solid waste enterprises for the collection
of Solid Wastes should be made in a manner consistent with the
exercise of the City's police power for the protection of public
health and safety; and
WHEREAS, City and GRANTEE are mindful of the provisions
of the laws governing the safe collection, transport, recycling
and disposal of Solid Waste, including AB 939, the Resource
Conservation and Recovery Act ( "RCRA "), 42 U.S.C. §§ 6901 et seq.
the Comprehensive Environmental Response, Compensation and
Liability Act ( "CERCLA "), 42 U.S.C. §§ 9601 et seq. and the
Carpenter- Presley- Tanner Hazardous Substance Account Act
( "HSAA "), codified at California Health & Safety Code §§ 25300 et
seq.; and
WHEREAS, City and GRANTEE desire to leave no doubts as
to their respective roles and to make it clear that by entering
into this Agreement, City is not thereby becoming a "generator"
or an "arranger" as those terms are used in the context of CERCLA
§ 107(a)(3). Unless City directs otherwise, GRANTEE, and not
City, will select the transfer station, landfill or
transformation facility destination of the non - recyclable Solid
Waste which GRANTEE will collect and City has not, and by this
Agreement does not instruct GRANTEE on its collection methods,
nor supervise the collection of Solid Waste, and nothing in this
Agreement or other action of the City shall be construed to place
title to such waste in City; and
WHEREAS, the City would not enter into this Agreement
with Charles Anderson and Sea /Sue Inc., a General Partnership,
doing business as Moorpark Rubbish Disposal, unless a parent of
GRANTEE provided a Guaranty in the form set forth in EXHIBIT "J"
and the Guarantor, as a material inducement and consideration to
the City to enter into the Agreement, is willing to execute and
deliver the Guaranty and to agree to and be bound by its terms;
and
WHEREAS, there are no places within the City of
Moorpark where landfills are located, or which are suitable for
the siting of a landfill, and therefore Solid Waste must be
exported from the City; and
WHEREAS, City and has previously entered into a certain
agreements entitled "FRANCHISE AGREEMENT BETWEEN THE CITY OF
MOORPARK AND MOORPARK RUBBISH DISPOSAL, FOR PROVIDING
RESIDENTIAL, MULTI - FAMILY, AND COMMERCIAL SOLID WASTE SERVICES"
September 4, 2002 5
executed on December 23, 1995 (the "Original Agreement "); and
WHEREAS, City and GRANTEE desire to amend the Original
Agreement and to restate, supersede and replace the Original
Agreement with this Agreement; and
WHEREAS, Charles Anderson And Sea /Sue Inc., A General
Partnership, Doing Business As Moorpark Rubbish Disposal has the
experience, responsibility and qualifications to conduct
recycling programs, and to maximize diversion rates (in
comparison with City's Solid Waste generation rates) , to assist
the City to achieve the then - required diversion goals, and to
collect, safely transport and dispose of Solid Waste in a manner
which will minimize the adverse effects of collection vehicles on
air quality and traffic and will protect, and has the ability to
carry out its duties to indemnify the City against liability
under CERCLA which might arise under this Agreement; and
WHEREAS, the City Council of the City of Moorpark
determines and finds pursuant to California Public Resources Code
Section 40059(a)(1), that the public health, safety and well-
being, including the minimization of adverse impacts on air
quality and traffic from excessive numbers of collection
vehicles, and in an effort to afford protection of the City
against CERCLA liability and related claims, and to achieve or
exceed state - mandated diversion goals for Solid Waste, require
that G. I. Industries, a Utah Corporation, and USA Waste Of
California, Inc. a Delaware Corporation, a Waste Management
Company, and Charles Anderson and Sea /Sue Inc., a General
Partnership, doing business as Moorpark Rubbish Disposal be
awarded contracts for collection, recycling transportation and
disposal of Solid Waste in the City of Moorpark.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
SECTION 1. GRANT OF EXCLUSIVE FRANCHISE.
By this Agreement, CITY grants to GRANTEE and GRANTEE
accepts from CITY an exclusive franchise pursuant to Title 8,
Chapter 36 of the Moorpark Municipal Code ( "Title 8, Chapter 36 ")
as it may be amended from time to time and California Public
Resources Code Section 40059(a) for the collection,
transportation, recycling, and disposal of Commercial Solid Waste
from Commercial Premises within a designated Franchise Area.
Collection of Yard Trimmings by a landscaping contractor, using
equipment owned or leased by the contractor, and not through a
solid waste enterprise, is not within the scope of this Agreement.
Collection of Construction and Demolition Waste by a licensed
September 4, 2002 6
contractor (e.g., a roofing company) performing work within the
scope of the contractor's license (e.g., removing an old roof and
installing a new roof), using equipment owned or leased by the
contractor, and not through a solid waste enterprise, is not
within the scope of this Agreement. Collection of Hazardous Waste
and Medical Waste is not within the scope of this Agreement.
GRANTEES agree that this Agreement is an "exclusive franchise" as
that term is used in Public Resources Code § 49520.
SECTION 2. TERM.
A. TERM. The collection services to be provided
pursuant to this Agreement shall begin on October 1, 2002, and
end on December 31, 2011. Other services, such as GRANTEE's duty
to provide indemnification, shall survive the end of the period
during which collection services are to be provided.
B. EXTENSION. The CITY, upon the recommendation of the
City Manager and approval of the City Council, expressed by
written resolution, may extend the period during which collection
services are to be provided pursuant to this Agreement for
additional two (2) years. GRANTEE may make a request for
franchise renewal not later than nine (9) months or earlier than
eighteen (18) months prior to the expiration of the Agreement. .
CONDITIONS PRECEDENT. The obligation of CITY to permit this
Agreement to become effective and to perform the undertakings
provided for in this Agreement are subject to the satisfaction of
each and all of the conditions set out below.
(1) Accuracy of Representations. The representations
and warranties made by GRANTEE are true and correct
on and as of the effective date.
(2) Absence of Litigation. There is no litigation
pending on the effective date in any court
challenging the award or execution of this Agreement
or seeking to restrain or enjoin its performance.
C. EFFECT ON PRIOR AGREEMENTS This Agreement supersedes
and terminates the Residential Agreement dated December 23, 1995
between the City of Moorpark and GRANTEE for the collection,
transportation, recycling, and disposal of Solid Waste, and the
Commercial Agreement dated December 23, 1995 between the City of
Moorpark and GRANTEE for the collection, transportation,
disposal, and recycling of Solid Waste, except that the
provisions of those prior agreements by which GRANTEE agreed to
protect, defend, indemnify and hold the City harmless against
claims shall remain in effect.
September 4, 2002 7
SECTION 3. DEFINITIONS.
Whenever any term used in this Agreement has been defined by
Title 8, Chapter 36 or by Division 30, Part 1, Chapter 2 of the
California Public Resources Code, the definition in Title 8,
Chapter 36 or the Public Resources Code shall apply unless the
term is defined in this Agreement as follows.
A. "AB 939 Fee" means the fee or assessment imposed by the
CITY on GRANTEE to recover costs of implementing the Act
and administering this Agreement.
B. "Act" means "AB 939," the California Integrated Waste
Management Act of 1989, codified in part at Public
Resources Code §§ 40000 et. seq., as it may be amended
from time to time and as implemented by the regulations
of the California Integrated Waste Management Board, or
its successor
C. "Agreement" means this Franchise Agreement granted by
City to Grantee.
D. "Applicable Law" means any law, rule, regulation,
requirement, guideline, permit, action, determination or
order of any Governmental Body having jurisdiction,
applicable from time to time to the Agreement Services;
the Operating Assets; the siting, design, acquisition,
permitting, construction, equipping, financing,
ownership, possession, shakedown, testing, operation or
maintenance of any of the Operating Assets; or any other
transaction or matter contemplated hereby (including any
of the foregoing which concern health, safety, fire,
environmental protection, labor relations, mitigation
monitoring plans, building codes, non - discrimination and
the payment of minimum wages, and further including the
Code and the County Integrated Waste Management Plan.
E. "Bin" means a container owned by GRANTEE and provided to
a Commercial Premises or Residential Premises for the
collection of Solid Waste, having a capacity of between
one and one -half (1 '--�) and six (6) cubic yards.
F. "Bulky Items" means and include, but not by way of
limitation, discarded items such as white goods (i.e.,
major household appliances), water heaters, furniture,
tires, carpets, mattresses and similar large items which
have weights or volumes greater than the capacity of an
September 4, 2002 8
allowed covered container, but excluding construction
waste and special waste. For the purposes of this
Agreement a set of a mattress and box springs shall be
considered "one" bulky item.
G. "Cart" means a plastic container owned by GRANTEE and
provided to Residential Premises for the collection of
Residential Solid Waste, having a capacity of between
thirty -two (32) and ninety -six (96) gallons.
H. "Change in Law" means any of the following events or
conditions which has a material and adverse effect on the
performance by the parties of their respective
obligations under this Agreement (except for payment
obligations), or on the siting, design, permitting,
acquisition, construction, equipping, financing,
ownership, possession, management, operation or
maintenance of the Operating Assets or ,providing the
services described in this Agreement, or other matters to
which Applicable Law applies:
(1) The enactment, adoption, promulgation, issuance,
modification, or written change in any law,
ordinance, regulation, rule or administrative or
judicial interpretation on or after the effective
dated of this Agreement of any Applicable Law;
(2) The order or judgment of any Governmental Body,
on or after the effective date of this Agreement, to
the extent such order or judgment is not the result
of willful or negligent action, error or omission or
lack of reasonable diligence of the City or of
GRANTEE, whichever is asserting the occurrence of a
Change in Law; provided, however, that the
contesting in good faith or the failure in good
faith to contest any such order or judgment shall
not constitute or be construed as such a willful or
negligent action, error or omission or lack of
reasonable diligence; or
(3) The denial of an application for, delay in the
review, issuance or renewal of, or suspension,
termination, interruption or imposition of a new or
more stringent condition in connection with the
issuance, renewal or failure of issuance or renewal
on or after the effective date of this Agreement of
any Legal Entitlement to the extent that such
denial, delay, suspension, termination,
September 4, 2002 9
interruption, imposition or failure materially and
adversely interferes with the performance of this
Agreement, if and to the extent that such denial,
delay, suspension, termination, interruption,
imposition or failure is not the result of willful
or negligent action, error or omission or a lack of
reasonable diligence of the City or of GRANTEE,
whichever is asserting the occurrence of a Change in
Law; provided, however, that the contesting in good
faith or the failure in good faith to contest any
such denial, delay, suspension, termination,
interruption, imposition or failure shall not be
construed as such a willful or negligent action,
error or omission or lack of reasonable diligence.
I. "City" means the City of Moorpark, a California municipal
corporation.
J. "City Facility" means any building or other site owned,
leased or used regularly and significantly and the space
therein occupied by more than 75 percent by employees or
Contractor's of the City, and excludes those portions of
such facilities used by others.
K. "City Limits" means the boundaries of the City of
Moorpark, as of January 1, 2002, which boundaries are
shown by maps incorporated herein by reference in Exhibit
"A" and which are on file in the office of the Clerk of
the City Council.
L. "City Manager" means the City Manager and the City
Manger's designee.
M. "CEQA" means the California Environmental Quality Act,
codified at Cal. Pub. Res. Code §21000 et sec. as
amended or superseded, and the regulations promulgated
thereunder.
N. "Code" means the Moorpark Municipal Code.
0. "Commercial Agreement" means the Agreement between the
City of Moorpark and Charles Anderson and Sea /Sue Inc., a
General Partnership, doing business as Moorpark. Rubbish
Disposal for Multi - Family and Commercial Solid Waste
services, dated October 1, 2002.
P. "Commercial Premises" means property upon which a
business activity is conducted, including but not limited
September 4, 2002 10
to retail sales, services, wholesale operations,
manufacturing and industrial operations, and Multi - family
Premises and Single - Family Premises receiving permanent
Bin Service or permanent roll -off drop box service.
Q. "Commercial Solid Waste" means Solid Waste generated at
Commercial Premises.
R. "Container" means a Bin, roll -off drop box or Cart.
S. "Franchise" means the exclusive right and privilege,
within the Franchise Area:
(1) To arrange for the collection of and to collect
Solid Waste,
(2) To transport to a landfill or other licensed
disposal facilities as determined by CITY, and
(3) To recycle Solid Waste.
This Franchise is subject to all of the provisions of
Title 8, Chapter 36, this Agreement, and to any rights
held by any other Solid Waste enterprise holding rights
pursuant to Public Resources Code Section 49520.
T. "Franchise Area" means a geographic area established by
CITY pursuant to this Agreement for the collection,
transportation, recycling, and disposal of Solid Waste.
U. "Franchise Fee" means the fee or assessment imposed by
the CITY on GRANTEE solely because of its status as
GRANTEE. The term "Franchise Fee" does not include:
(1) Any tax, fee or assessment
applicability (including any such
assessment imposed on both businesses
their services but not including a
assessment which is unduly discrimi
GRANTEE or its customers); or
of general
tax, fee, or
and GRANTEE or
tax, fee, or
natory against
(2) Requirements, reimbursements, charges or fees
incident to the awarding, administering, enforcing,
transfer or renewal of this Agreement, including
payments of bonds, consultants, Administrative
expenses, attorney's fees, security funds, letters
September 4, 2002 11
of credit, insurance, indemnification, penalties,
and liquidated damages.
V. "Grantee" means Charles Anderson, doing business as
Moorpark Rubbish Disposal, each a separate entity granted
the Franchise pursuant to this Agreement.
W. "Gross Revenues" means any and all revenue or
compensation in any form derived by GRANTEE, its
affiliates, subsidiaries, parents and any person or
entity in which GRANTEE has a financial interest, from
the collection of Solid Waste pursuant to this Agreement,
including, but not limited to, monthly customer fees for
residential, commercial, and temporary collection of
Solid Waste, special pickup fees, bin and drop box rental
and collection fees from Commercial Premises, and fees
for redelivery of bins and drop boxes, but excluding
revenues from the sale of recyclables and the landfill
share of the commercial roll -off drop box revenue,
without subtracting Franchise Fees or any other cost of
doing business. Provided, however, that the amount of
gross revenues may be reduced by the amount of any
commercial customer bad debts incurred by GRANTEE or
refunds returned to commercial customers, provided that
the revenue with respect thereto has been included in the
computation of gross revenues.
X. "Hazardous Waste" means any waste materials or mixture of
wastes defined as a "hazardous substance" or "hazardous
waste" pursuant to the Resource Conservation and Recovery
Act ( "RCRA "), 42 U.S.C. §§ 6901 et seq., the
Comprehensive Environmental Response, Compensation and
Liability Act ( "CERCLA ") , 42 U.S.C. §§ 9601 et seq. , the
Carpenter - Presley- Tanner Hazardous Substance Account Act
( "HSAA "), codified at California Health & Safety Code §§
25300 et seq.; and all future amendments to any of them,
or as defined by the California Integrated Waste
Management Board. Where there is a conflict in the
definitions employed by two or more agencies having
jurisdiction over hazardous or Solid Waste, the term
"Hazardous Waste" shall be construed to have the broader,
more encompassing definition.
Y. "Medical Waste" means material defined as Medical Waste
in Health & Safety Code Section 117690.
Z. "Multi- Family Premises" means a residential property
having two or more units, including apartment houses,
September 4, 2002 12
condominiums, or mobile home parks. Multi- Family
Premises may receive either Cart Service or Bin Service.
AA. "Operating Assets" means all real and personal property
of any kind, which is owned, leased, manag (pd or operated
by or under contract to GRANTEE for providing the
services described in this Agreement, including without
limitation the facility, Containers, vehicles, transfer
stations, maintenance and storage facilities, materials
recovery facilities, composting facilities,
administrative facilities, and other equipment,
machinery, parts, supplies and tools.
BB. "Rate" means the charge to the Customer for services
provided by GRANTEE as specified in the Agreement.
CC. "Recovered Product" means Recyclable Solid Wastes that
are recovered by GRANTEE for recycling, reuse or resale.
DD. "Recyclable Material" means a commodity defined as
"Recyclable Material by the Moorpark Municipal Code.
Recyclable Material which has been discarded into the
residential waste stream has lost its character as a
Recyclable Material and has become Solid Waste subject to
this Residential Agreement.
EE. "Recyclable Solid Waste" means source - separated paper,
newspaper, glass, aluminum and bi -metal cans, cardboard,
plastic, Bulky Items, and other material that is placed
in a Recyclable Solid Waste Container for collection by
GRANTEE.
FF. "Recyclable Solid Waste Container" means a Cart, Bin, or
roll -off drop box as defined in Title 8, Chapter 36 or
other container as approved by CITY used to hold
Recyclable Solid Waste placed for collection that would
otherwise be disposed as Solid Waste of as provided by
this agreement.
GG. "Recycling" means the process of collecting, sorting,
cleansing, treating, and reconstituting Solid Waste and
Recyclable Solid Wastes that would otherwise be disposed
of as provided by this Agreement, and returning them to
the economic mainstream in the form of products which
meet the quality standards necessary to be used in the
marketplace.
HH. "Residential Agreement" means the Agreement between the
September 4, 2002 13
City of Moorpark and Charles Anderson and Sea /Sue Inc., a
General Partnership, doing business as Moorpark Rubbish
Disposal for Residential Solid Waste services, dated
October 1, 2002.
II. "Residential Premises" means a Single- Family Premises or
Multi - Family Premises, or a Commercial premises receiving
Cart Service or temporary roll -off or Bin Service.
JJ. "Residential Solid Waste" means Solid Waste generated at
Residential Premises.
KK. "Residential Service Recipient" means a Residential
Premises that receives Solid Waste collection services
from a Franchisee authorized by the City to provide the
service.
LL. "Single- Family Premises" means a separate residential
property having one living unit.
MM. "Solid Waste" those materials defined as Solid waste in §
40911 of the California Public Resources Code, and as it
may be amended.
NN. "Temporary Service" means collection service that is
provided on a non - regularly scheduled basis. Temporary
service also includes all commercial service and
residential service requiring the use of a roll -off or
drop box, as defined in Section 8.36.040(D) of Title 8,
Chapter 36.
OO. "Universal Waste" means any type of waste, even if it
may be considered hazardous in certain circumstances,
that is defined or treated as "universal waste" by Title
22, Section 66273.1 et seq. of the California Code of
Regulations and by 40 Code of Federal Regulations, Part
273, as may be amended or superceded by applicable state
and federal regulations
PP. "Yard Trimmings" or "Green Waste" means a form of Solid
Waste composed of leaves, grass clippings, brush,
branches and other forms of organic matter generated from
landscapes and gardens, separated from other forms of
Solid Waste, and scrap lumber. "Yard Trimmings" also
includes holiday trees including, but not limited to
Christmas trees and Hanukkah bushes. "Yard Trimmings"
does not include stumps or branches exceeding four inches
(4 ") in diameter or four feet (4') in length or scrap
September 4, 2002 14
lumber which does not fit into a Yard Trimmings
Container. Yard Trimmings does not include yucca, cactus
or palm fronds, and other materials that are not suitable
for composting.
QQ. "Yard Trimmings Cart" means a container, bin, roll -off
drop box or other container, approved by CITY including
size, used to hold source separated Yard Trimmings placed
for collection.
SECTION 4. INCORPORATION BY REFERENCE.
Exhibit A, "FRANCHISE AREA "; Exhibit B, `RESERVED "; Exhibit
C, "MULTI- FAMILY, TEMPORARY BIN /ROLL -OFF DROP BOX SERVICES ";
Exhibit C -1 "CITY FACILITIES "; Exhibit D, "VEHICLE AND EQUIPMENT
STANDARDS "; Exhibit E, "REPORTS "; Exhibit F, "SPECIAL WASTES ";
Exhibit G, "SERVICE FEE SCHEDULE "; Exhibit H "RATE ADJUSTMENT
SCHEDULE "; and Exhibit I, "INTEGRATED WASTE MANAGEMENT ACT
TOPICS "; and EXHIBIT J, "GUARANTY "; all dated October 1, 2002,
are incorporated into this Agreement by this reference.
SECTION 5. ACCEPTANCE; WAIVER.
GRANTEE agrees to be bound by, and comply with, all the
requirements of Title 8, Chapter 36 and this Agreement. GRANTEE
waives GRANTEE's right to challenge the terms of this Agreement
and Title 8, Chapter 36 under federal, state or local law, or
administrative regulation, as such laws and regulations exist as
of the date of execution of this Agreement by CITY and GRANTEE.
GRANTEE waives whatever, if any, right or claim to serve the CITY
or any part of the CITY GRANTEE may have under any prior
franchise, contract, license or permit issued or granted by any
governmental entity, including any right under the Public
Resources Code.
SECTION 6. FRANCHISE AREA.
A. Franchise Area Defined.
(1) The Franchise Area granted by this Agreement shall
be all current and new commercial Premises within
the area identified in Exhibit "A" to this
Agreement. This Agreement also applies to all City
owned and Moorpark Redevelopment Agency owned
Commercial Premises included in the Franchise Area
as defined in Exhibit "A ".
September 4, 2002 15
(2) Territory annexed to the City shall be added to
the Franchise Areas granted by this Agreement
pursuant to City Council resolution. CITY shall not
adjust the Residential Rate in such annexed
territory before the next annual rate review is
scheduled. Customers in annexed area will be
distributed consistent with the provisions of
Exhibit A, Franchise Area.
SECTION 7. CITY'S OBLIGATIONS.
A. Cooperation With GRANTEE. CITY and GRANTEE shall
cooperate to perform programs identified in this Agreement and to
successfully accomplish the goals of the Act. As directed by
CITY, and subject to Section 8.J., GRANTEE shall implement other
programs as listed in the CITY'S Source Reduction and Recycling
Element (SRRE) and Household Hazardous Waste Element (HHWE), as
they may be amended from time to time in compliance with the Act.
B. Unauthorized Solid Waste Haulers. During the term
of this Agreement, except in instances of breach of this
Agreement, in emergencies, or as provided in Title 8, Chapter 36,
the CITY will not issue a permit to any other person or firm to
collect Solid Waste originating on or accumulated at Commercial
Premises in the Franchise Area. Nothing in this Agreement shall
be construed to prohibit any third party from engaging in
collection of Recyclable Materials, as Recyclable Materials are
commodities not subject to this Agreement.
C. Administration of this Agreement. Administration
of each of the provisions of this Agreement on the Part of the
City shall be vested with the City Manager.
SECTION 8. GRANTEE'S OBLIGATIONS
GRANTEE shall furnish Solid Waste services to all Commercial
Premises subscribing for Commercial Solid Waste collection at the
regularly scheduled intervals within Franchise Area assigned to
GRANTEE. Commercial Solid Waste collection services shall be in
accordance with the Code, the laws of the State of California and
the County of Ventura, and rules and regulations of any other
regulatory body or agency having applicable jurisdiction.
A. Costs for Preparation of This Agreement. GRANTEE
shall reimburse CITY within thirty (30) days of receiving CITY's
invoice, for City's Staff time and for City's Attorneys fees and
costs and other out of pocket costs plus 15% incurred as a result
September 4, 2002 16
of developing this Agreement, in the total amount of $5,000 for
this and any other concurrent Solid Waste Agreement between CITY
and GRANTEE.
B. Management /Administration. GRANTEE shall provide
the necessary management and administrative personnel whose
expertise will assure efficient operation of the services herein
specified.
C. Supervision. GRANTEE shall assign an individual to
supervise the performance of the services herein specified, who
shall be available by phone and in person during all hours of the
business day, to make decisions and coordinate with the CITY as
necessary.
D. Subcontractors. GRANTEE shall be directly
responsible for the actions of all GRANTEE'S subcontractors in
connection with their performance of GRANTEE'S obligations as
described in Title 8, Chapter 36 and shall ensure that all
applicable provisions of this Agreement are met.
E. Privacy. GRANTEE shall strictly observe and
protect the rights of privacy of customers. Except to CITY,
information identifying individual customers or the composition
or contents of a customer's Solid Waste shall not be revealed to
any person, governmental unit, private agency, or company, unless
upon the authority of a court of law, by statute, or upon valid
authorization by the customer. This provision shall not be
construed to preclude GRANTEE from preparing, participating in,
or assisting in the preparation of waste characterization studies
or waste stream analyses that may be required to comply with AB
939. GRANTEE shall not market or distribute mailing lists with
the names and addresses of customers. The rights accorded
customers pursuant to this subsection shall be in addition to any
other privacy right accorded customers pursuant to Federal or
State law.
F. Office For Inquiries And Complaints. GRANTEE
maintains office hours from 8:00 a.m. to 4:00 p.m. on all
collection days, excluding Saturday and Sunday and CITY approved
holidays. GRANTEE shall maintain an office at some fixed
location easily accessible from CITY and shall maintain a
telephone number, listed in the telephone directory in the firm
name by which it conducts business in CITY, and shall during the
above referenced days and office hours have an employee at said
office to answer inquiries, receive complaints, and provide
information about residential collection and recycling services
and programs. The telephone number shall be a toll -free number
September 4, 2002 17
from all portions of the CITY. GRANTEE shall provide an
answering service to receive complaints at all other times and an
emergency telephone number that GRANTEE can be reached at 24
hours a day. An employee of GRANTEE shall be available during
office hours to communicate with the City Manager and the public
in person and by telephone. A 24 -hour immediate response
emergency number must be made available to the City Manager.
G. Service Complaints, Complaint Log and Complaint
Reimbursement.
(1) General. GRANTEE shall be responsible for the
prompt and courteous attention and reasonable
resolution of all customer complaints within by the
end of the next business day, weekends and holidays
excepted, provided, however, that if the complaint
is of a nature that cannot be resolved within 24
hours, GRANTEE shall resolve the complaint as soon
as possible.
(2) Failure to Collect. If a complaint involves a
failure to collect Solid Waste from a Commercial
Premises on a scheduled collection date when such
Solid Waste had been properly and timely placed for
collection, GRANTEE shall collect the Solid Waste in
question by the end of the next business day of its
receipt of notice from a customer or the City
Manager of a failure to provide collection service
as required by the terms of this Agreement, Sundays
and holidays excepted, provided it has been
delivered for collection in accordance with Title 8,
Chapter 36.
(3) CITY Review. A customer dissatisfied with
GRANTEE'S decision regarding a complaint may ask the
CITY to review the complaint. To obtain this
review, the customer must request CITY review within
30 days of receipt of GRANTEE'S written response to
the complaint, or within 45 days of submitting the
complaint to GRANTEE if GRANTEE has not responded.
The CITY in its sole discretion may extend the time
to request its review for good cause. Before
reviewing the complaint, the City Manager shall
refer it to GRANTEE. If GRANTEE fails to cure the
complaint within ten (10) days after notification by
CITY, the City Manager shall review the customer's
complaint and determine if further action is
warranted. The City Manager may request written
September 4, 2002 18
statements from GRANTEE and customer and /or oral
presentations.
(4) Customer Contact Logs. To enhance ,the levels of
service, GRANTEE shall implement and maintain a
customer contact log in which all complaints
received by mail, by telephone, or in person shall
be recorded. Such log shall contain the date of the
complaint, the complainant's name, address,
telephone number, the nature of the complaint, the
date the problem occurred, the action taken in
response to the complaint, and the date such action
was taken. The complaint log shall be recorded in a
format approved by the CITY. Complaints at the same
service address that recur within fourteen (14) days
shall be flagged with an asterisk.
The CITY may review GRANTEE'S customer contact logs
regarding the procedure, response, and resolution of complaints
as well as a comparative analysis of GRANTEE customer contact log
with the complaints received directly by the CITY. In the event
a pattern of consistent complaints appears, the CITY will notify
GRANTEE of the concerns at the earliest possible time so that the
issues can be resolved. The customer contact log may be utilized
by the CITY as part of the basis for reviewing customer
complaints and GRANTEE's performance as part of an annual review.
In addition, CITY may maintain a CITY complaint log of those
calls received directly by CITY from customers lodging a
complaint.
H. Complaint Reimbursement. In the event that GRANTEE
does not resolve a complaint and the customer contacts the CITY
for review, GRANTEE shall reimburse the CITY for all reasonable
labor and materials directly expended by the CITY if the
complaint is resolved against GRANTEE. The CITY shall invoice
GRANTEE for such costs, indicating the name and address of the
customer, nature of complaint, amount of time spent, hourly rates
for employees involved, and materials required to resolve the
complaint. Payment to the CITY shall be made within 30 days of
receipt of invoice.
(1) Remedies. The City Manager shall determine what
remedy, if any, shall be imposed. The remedy under
this subsection shall be limited to a rebate of
customer charges related to the period of breach of
any of the terms of this Agreement and /or levy a
liquidated damages of up to $100 for any single
event or series of related events. The decision of
September 4, 2002 19
the City Manager shall be final on any matter under
Five Thousand Dollars ($5, 000.00) . In the event of
a recommended decision on a matter of Five Thousand
Dollars ($5,000.00) or more, the decision will be
referred to the City Council for final action.
(2) Quantity Dispute. In the event of a dispute
between GRANTEE and a customer as to the quantity of
Solid Waste that such customer has placed for
collection, the City Manager shall investigate and
make a determination and such determination shall be
binding on GRANTEE.
(3) Property Damage. Any property damaged beyond the
usual and ordinary wear and tear by GRANTEE shall be
promptly repaired or replaced.
I. Customer Information.
(1) Notification Procedures. GRANTEE, at the time it
begins collection service to a Commercial Premises,
shall furnish each customer written instructions as
to the procedures for Solid Waste, Recycling, and
Yard Trimmings collection. The instructions shall
be in a form and manner approved by the City, and
shall be prepared and provided at GRANTEE'S expense.
GRANTEE shall also provide to each customer, in a
form and manner approved by the City, at GRANTEE'S
expense, not later than the second Monday of January
of each year, information regarding the senior
citizen age and discount rate, collection rules for
Solid Waste, Recycling, and Yard Trimmings, holiday
collection policy and dates for the upcoming year,
and the rules contained in this Agreement pertaining
to size and weight of containers, composition and
storage of Solid Waste, Recyclable Solid Waste, and
Yard Trimmings, location of containers for pickup,
and times of collection.
(2) Change In Collection Routes. GRANTEE shall
provide 30 days notice to the City Manager of any
change in collection routes. GRANTEE, at its own
expense unless otherwise specified by the CITY, by
written notice forwarded through the United States
mail, postage prepaid, or by personal service, shall
notify each customer of and change in collection
routes and the day or days of the week on which
Solid Waste shall be collected. The notice shall
September 4, 2002 20
contain the day or days of the week upon which
collections will be made, the name, address, and
telephone number of GRANTEE, and other information
deemed necessary by the CITY. Said notice shall be
provided not less than fourteen (14) days prior to
the change of collection schedule.
(3) Office Hour Schedule. GRANTEE shall also notify
customers with written notification, at the time
service is started, of the regular business hours as
well as the procedures for leaving messages for
GRANTEE at all times other than regular business
hours.
(4) Holiday Schedule. GRANTEE shall provide customers
with notification of holiday schedules annually and
not more than seven (7) days prior to each holiday
by placing a paid advertisement, in one daily
newspaper serving the CITY. GRANTEE shall also
provide holiday schedule information on the last
billing statement preceding the holiday. The CITY
shall be formally notified regarding all holiday
schedules for the next year no later than November
30 of each year.
(5) Solid Waste Not Collected. When any Commercial
Solid Waste is not collected by GRANTEE, for reasons
other than nonpayment, GRANTEE shall leave a tag at
least 3 1-�" x 6 3/4" in size stating the reasons for
its refusal to collect the Commercial Solid Waste,
providing reference to Title 8, Chapter 36 or this
Agreement and the reason for the refusal. The tag
shall provide GRANTEE'S business name and telephone
number and shall be securely fastened to the
container or to the article refused. Such tag shall
be prepared and distributed at GRANTEE's expense.
(6) Billing. Fees for service shall be as set forth
in Exhibit "G ".
a. GRANTEE shall be responsible for directly
billing all Commercial Premises. Any payment
for which service is not provided due to
customer move out shall be refunded to the
customer on a prorata basis when the customer
terminates service. For commercial service,
the billing statement shall be mailed
monthly. GRANTEE shall be entitled to
September 4, 2002 21
recover the amount of charges from the
customer for services rendered under this
Agreement by civil action. GRANTEE shall
provide itemized bills, distinctly showing
charges for all classifications of services,
including the charges for late payment.
GRANTEE shall not designate any portion of a
customer's bill as being attributable to the
Franchise Fee, nor shall the Franchise Fee be
shown as a separate item on customers' bills.
GRANTEE shall make efforts to work out
alternative payment plans with customers, as
needed.
b. Billing Format. GRANTEE shall use a billing
format and medium that is subject to approval
by the City. Within one year of the
effective date of this Agreement, GRANTEE's
billing format will at a minimum, include a
return envelope for payment, the billing
statement must be able to accommodate
inserted paper messages at least five and
one -half inches by eight and one -half inches.
In addition, GRANTEE's billing statement
shall have space sufficient for City's
messages to be printed on the bills. This
billing message space shall be at least four
lines and be capable of printing three
hundred twenty characters of text.
c. Billing Messages. Up to four times per
calendar year, and at no cost to the City,
GRANTEE shall insert any message insert
provided by the City into all bills sent to
customers. City will provide one camera -
ready master copy of the insert. GRANTEE
will print the City message inserts at its
own expense. In addition, GRANTEE will print
at no charge any messages that the City
requests be printed in the billing statement
message space required by this Agreement.
d. CITY, at CITY's sole option, upon 180 days
notice to GRANTEE, may elect to bill
residents for Commercial Solid Waste
collection. If CITY elects to do so, any
portion of the Solid Waste collection rates
September 4, 2002 22
paid to GRANTEE that is attributable to
billing for services shall be assigned to
CITY.
(7) Customer Termination For Nonpayment. GRANTEE may
discontinue service as set forth in this paragraph.
a. If payment is not received within forty -five
(45) days from the date of the invoice,
GRANTEE will utilize the following
notification procedure to apprise the
Commercial Premises of the final request for
payment prior to termination of service. A
notice shall be mailed first class, via the
U.S. Postal Service, to the customer stating
that service will be discontinued if payment
is not received by GRANTEE within seven (7)
days from the date that the customer notice
was mailed.
(8) Late Charge. A late charge penalty of $5.00 may
be charged to delinquent accounts per month. Such
late charge may not be assessed prior to the mailing
of any notice of discontinuance of service. Upon
payment of the delinquent fees and any late charge
owed, Grantee shall resume collection on the next
regularly scheduled collection day.
(9) CITY Notified. GRANTEE will notify the CITY, at
least once per month, in writing regarding
Commercial Premises who have been discontinued and
of persons within the Franchise Area who are not
subscribing for Commercial Solid Waste collection
services.
J. CITY's Right to Change Scope of Work.
(1) General. Subject to the provisions of this
subsection, the CITY shall have the right to direct
GRANTEE to undertake reasonable changes in the scope
of operations contemplated by this Agreement. Such
changes may include, but are not limited to, the
implementation of additional programs designed to
increase waste diversion in the CITY, or the
automation of all or a portion of the collection
services provided by GRANTEE hereunder. In the
event the CITY directs GRANTEE to implement such a
September 4, 2002 23
change, the provisions of this subsection shall
apply.
(1) Change of Scope. In the event CITY elects to
direct GRANTEE to undertake a change in the scope of
operations, including but not limited to new or
increased recycling programs, the manner and
frequency of collection, or the use of a materials
recovery facility or disposal facility directed by
the City ( "Change in Scope "), CITY shall give
GRANTEE written notice thereof. GRANTEE shall
submit a written proposal to City in response to the
Change in Scope notice within 30 days of receipt of
such notice from CITY (or such longer period as
agreed to by CITY as may be reasonably necessary to
prepare the proposal, if such proposal cannot
reasonably be prepared within 30 days). The
proposal shall contain detailed information relating
to the implementation of the Change in Scope, and
shall include the following:
a. A description of the operational
modifications that would be required to
implement the Change in Scope;
b. An estimate of the amount of all costs to be
incurred by GRANTEE in connection with the
Change in Scope, if any;
c. A projected implementation schedule;
d. GRANTEE'S proposed adjustment, if any, to the
rates; and
e. Any other information that may be requested
by CITY in the notice to GRANTEE or pertinent
information that GRANTEE determines to
provide.
In addition to the information described above, GRANTEE may
also propose other modifications to this Agreement that GRANTEE
believes would be advisable or required to effectuate CITY's
directive.
(2) CITY Review. CITY shall review the proposal
submitted by GRANTEE, and may by written notice to
GRANTEE propose changes or modifications to any part
of the proposal. GRANTEE shall respond in a timely
September 4, 2002 24
manner to any proposed modifications. Such
modifications may include revisions to the cost
elements of GRANTEE's proposal.
(3) Implementation. Upon agreement by CITY and on the
final proposal of GRANTEE, revised to reflect
modifications proposed by CITY, CITY may direct, and
GRANTEE shall undertake and complete, the
implementation of the Change in Scope. The rates
permitted to be charged by GRANTEE shall be revised
to the extent provided in the final proposal, as
accepted by CITY.
(4) CITY's Right to Change Scope. In the event
GRANTEE and CITY are unable to agree on revisions to
GRANTEE's proposal relating to the implementation of
the Change in Scope within a reasonable period of
time after conducting good faith negotiations with
respect thereto, CITY shall have the right to
undertake and complete the Change in Scope. Such
work may be performed by CITY employees or CITY
contractors. In the event CITY elects to proceed
under this subsection, it shall provide notice of
its election to GRANTEE together with a description
of the manner in which CITY intends to proceed with
the Change in Scope.
SECTION 9. FRANCHISE STANDARDS FOR COLLECTION AND OPERATION.
GRANTEE shall maintain vehicles and equipment in a manner
adequate to protect public health and safety in accordance with
the standards as provided in Exhibit D.
A. Rules and Regulations of City. The City Manager
shall have the power to establish rules and regulations relating
to the accumulation, collection, recycling and disposal of Solid
Waste, providing such rules and regulations are found to be
reasonably necessary by the City for enforcement of the
provisions of this Agreement, or any and all Applicable Laws, and
for the preservation of the public peace, health and safety, and
providing such rules are consistent with this Agreement and the
Code. GRANTEE agrees to comply with any and all such rules and
regulations.
B. Time For Collection. GRANTEE shall collect Solid
Waste within CITY in accordance with Title 8, Chapter 36.
C. Route Books and Maps. GRANTEE shall prepare route
September 4, 2002 25
books and maps for each route, which outline specific routing
information regarding the daily collection of Solid Waste. The
books and maps shall be kept current and available at GRANTEE's
local office for inspection, and a copy provided to the City
prior to the commencement of this Agreement and updated when in a
timely manner when changes are made to route books and maps.
Should City use a competitive process, e.g., a Request for
Proposals, to award a franchise to begin at the end of the term
of this Agreement, or sooner if this Agreement is sooner
terminated, Grantee will cooperate with proposers by making route
books and maps available for inspection.
D. Holiday Schedules. Whenever a holiday falls upon a
regularly scheduled collection day, and the Disposal site is
closed in observance of that holiday, then the collections
scheduled for that day, and for the remainder of the week, may be
picked up one day later than scheduled.
E. Frequency Of Collection. GRANTEE shall provide for
weekly collection of Commercial Solid Waste accumulated at
residential and commercial premises contracting for collection
when Solid Waste is properly placed for collection on the day of
collection.
F. Entry. GRANTEE shall not enter upon any private
property necessary to collect the Solid Waste properly placed for
collection, without the permission of the person in charge of
day -to -day operations of the premises.
G. Traffic and Noise. GRANTEE shall conduct
operations so as to offer the least possible obstruction and
inconvenience to public traffic or disruption to the peace and
quiet of the area within which collections are made. All
collections shall be made as quietly as possible and shall
conform to Moorpark Municipal Code as it relates to noise.
H. Vehicle storage. No Solid Waste collection vehicle
shall be stored or parked overnight on a public street,
thoroughfare, or other public property in the CITY.
I. GRANTEE Liable to Clean Debris. GRANTEE shall
clean and pick up any Solid Waste or leachate deposited upon the
streets, roads, highways, sidewalks, other public property, or
private property by GRANTEE within CITY. Should any Solid Waste
be dropped or spilled by Grantee, it shall be cleaned up
immediately by GRANTEE.
J. Street Closures. The City Manager may order
September 4, 2002 1 26
temporary modifications of collection routes as may be necessary
due to street construction, maintenance, or an emergency.
GRANTEE shall perform in accordance with such orders in a manner
not to interfere with or materially disrupt the regular
collection.
K. Subcontract for Collection. Nothing contained in
this Agreement shall prevent GRANTEE from subcontracting for the
collection of Commercial Solid Waste within the Franchise Area by
any other GRANTEE franchised by CITY, upon written approval by
the City.
L. Disposal Site. CITY may direct which landfill,
transformation facility, transfer station, composting facility,
or materials recovery facility GRANTEE shall use to retain,
recycle, compost, process, and dispose of Residential Solid Waste
generated or accumulated within the Franchise Area.
M. Processing. In order to maximize diversion of
Commercial Solid Waste in accordance with the requirements of the
Act, GRANTEE shall process, broker, or deliver Yard Trimmings
and /or Recyclable Solid Wastes to processing facilities, at
GRANTEE's expense, and in a manner satisfactory to the City and
in accordance with all federal, state and local laws and
regulations. GRANTEE shall not dispose any uncontaminated source
separated Recyclable Solid Wastes collected from Customers in a
landfill which it has agreed to recycle, without advance written
notice to and approval from the City. Notwithstanding the
foregoing, the City shall have the right to direct GRANTEE to use
a designated site or facility for the processing or disposal of
all or a portion of the Solid Waste collected by GRANTEE pursuant
to this Agreement.
N. Hazardous Waste. GRANTEE shall notify all agencies
with jurisdiction, including the California Department of Toxic
Substances Control and Local Emergency Response Providers and the
National Response Center of reportable quantities of Hazardous
Waste, found or observed in Solid Waste anywhere within the City.
In addition to other required notifications, if GRANTEE observes
any substances, which it or its employees reasonably believe, or
suspect to contain Hazardous Wastes unlawfully disposed of or
released on any City property, including storm drains, streets or
other public rights of way, GRANTEE will immediately notify the
City Manager the same business day.
O. Additional Collection. As partial consideration
for the Agreement, GRANTEE shall respond to all calls from the
City regarding spilled or illegally dumped waste on City or
September 4, 2002 27
Moorpark Redevelopment Agency property within the Franchise Area,
during regular work hours and, in emergencies as determined by
the City Manager, at night, and on weekends. In this sense, an
% %emergency" is when the City Manager determines that it is
reasonably necessary to collect spilled or illegally dumped waste
before the next business day in order to protect the environment
from contamination, or to preserve the public peace, health and
safety. GRANTEE shall collect and deliver such waste to the
appropriate disposal or processing facility at no expense to the
City.
Section 10. CONTAINERS
A. Position of Containers. The City will establish
the collection location for all Containers. GRANTEE is
responsible for the collection of all Commercial Solid Waste
placed for collection, at all such designated collection
locations. GRANTEE shall immediately notify the City of any
condition at or near any collection location that creates a
safety hazard or accessibility problem. Upon authorization by
the City, GRANTEE may discontinue collection for any such
location until the safety hazard or accessibility problem is
corrected GRANTEE shall return all containers in an upright
position to the approximate location where found properly placed
per Title 8, Chapter 36, and without any unnecessary noise or
wear and tear or damage to such containers. Containers shall not
be deposited in the roadway, street, or block any sidewalk or
driveway or on adjoining property, in compliance with Title 8,
Chapter 36. GRANTEE shall notify Commercial Premises of the
proper placement and position of containers when a container is
placed in an inappropriate location, and in such case GRANTEE
shall return the container to the proper location. Notification
may include the use of stickers or tags to be placed on a
container. GRANTEE shall reimburse the customer for any damage
caused to customer -owned containers by GRANTEE beyond the usual
and ordinary wear and tear.
B. Specifications. Carts shall incorporate use of
recycled content to the maximum extent possible. The City shall
approve the type, size and other specific physical requirements
for Containers. GRANTEE shall not be required to collect Solid
Waste from Containers that do not conform to City requirements.
C. Container Content Information. All GRANTEE -
provided Containers shall bear information describing correct
materials for collection, proper method for Customer to place
materials for collection, and text stating that no hazardous
materials may be included in Containers, including information
September 4, 2002 28
about proper Hazardous Waste disposal. Recyclable Solid Wastes
Containers shall additionally have anti - scavenging information.
City shall approve all design and artwork for container
information.
D. General Requirements. After emptying any
Container, GRANTEE shall replace the Container in an upright
position, and shall make a reasonable effort at maintaining
Container closure at all times by covering with a close fitting
lid, at the place where such Container was placed for collection.
GRANTEE shall handle Containers and lids in a manner so as to
prevent damage, loss or spillage, and shall not throw Containers
after emptying them. GRANTEE shall repair or replace, at its own
expense, within five (5) working days, any Container damaged by
GRANTEE. GRANTEE shall maintain all Carts free of tagging or
graffiti.
E. Improper Loading or Placement of Containers.
GRANTEE may decline to collect any Solid Waste that (1) has not
been properly loaded into Containers, (2) has been overloaded in
Containers by weight or volume, or (3) has been compacted or
otherwise placed, kept or accumulated in a manner such that the
Solid Waste will not, of its own weight, fall out of the
Container in which it is placed when such Container is turned
upside down. GRANTEE may also decline to collect any Solid Waste
if the Container in which it is contained has been placed (1) in
a location, which GRANTEE cannot readily access with its
Operating Assets, or (2) in a manner that would otherwise
prohibit the safe pickup thereof.
F. Container Replacement. GRANTEE shall provide
repair and replacement of automated collection containers
required in Exhibit B.
SECTION 11. PLANNING AND ADMINISTRATION FEES.
Fees may be unilaterally imposed by CITY on GRANTEE for any
revisions to Solid Waste management plans that the CITY may be
required by law to prepare, implement, and administer. GRANTEE
shall pay such fees to CITY, upon written notification by CITY to
GRANTEE. GRANTEE shall be entitled to an adjustment to the Rate
to fully reimburse it for such fees.
SECTION 12. REPORTS AND RECORDS REQUIREMENTS.
GRANTEE shall keep records and prepare and submit reports to
CITY in compliance with CITY reporting requirements.
Additionally, GRANTEE may be required to submit verification of
September 4, 2002 29
reported information. All reports and records required shall be
furnished at the sole expense of GRANTEE.
GRANTEE shall cooperate with and
requested by CITY or any consultant or
connection with the preparation and
characterization studies or updated
Recycling Element (SRRE) and Household
(HHWE).
provide all information
firm employed by CITY in
implementation of waste
Source Reduction and
Hazardous Waste Element
CITY may also conduct inspections of the State Vehicle
Certification, vehicle identification information, truck
inventory, methods utilized to contain Solid Waste in trucks that
are traveling on streets, highways, or freeways, and information
reported by GRANTEE in the annual report.
SECTION 13. PERFORMANCE REVIEW
CITY may conduct an annual review in order to evaluate the
level and quality of services provided by GRANTEE.
A. CITY, in its sole discretion, may hold a hearing to
review GRANTEE'S performance and quality of service. The reports
required by this Agreement regarding customer complaints and any
other information determined by CITY shall be utilized as the
basis for review.
B. If directed by the City Council, within thirty (30)
days after the conclusion of the hearing, CITY shall issue a
report with respect to the adequacy of performance and quality of
service. If any noncompliance with this Agreement is found, CITY
may direct GRANTEE to correct the inadequacies, pursuant to this
Agreement.
SECTION 14. SYSTEM AND SERVICES REVIEW.
To provide for technological, economic, and regulatory
changes in Solid Waste collection, transportation, disposal, and
recycling, and to achieve a continuing, advanced Solid Waste
collection and recycling system, the following system and
services review procedures are hereby established:
A. At CITY's sole option, CITY may hold a meeting(s),
at which GRANTEE shall be present and shall participate, to
review the Commercial Solid Waste collection system and services.
At CITY's sole discretion, it may conduct any system and
services review concurrently with any review of performance and
quality of service as provided for in Section 12, above. Topics
for discussion and review at the system and services review
September 4, 2002 30
meeting shall include, but not be limited to, services provided,
feasibility of providing new services, application of new
technologies and state -of- the -art equipment, rights of privacy,
amendments to the Agreement, developments in the law, and new
activities for meeting or exceeding the Act's goals and
regulatory constraints. CITY and GRANTEE may each select
additional topics for discussion at any systems and services
review hearing. Sixty (60) days after receiving notice from
CITY, GRANTEE shall submit a report to CITY indicating the
following:
1) All Solid Waste collection, transportation,
disposal, and recycling services reported in
significant industry trade journals that are being
commonly provided on an operational basis,
excluding tests and demonstrations, to communities
in the United States with comparable populations,
that are not provided to CITY; and
2) Changes recommended to improve CITY''s ability to
meet the goals of the Act; and
3) Any specific plans for provision of such new or
changed services by GRANTEE, or a justification
indicating why GRANTEE believes that such services
are not feasible for the Franchise Area.
B. Not later than sixty (60) days after the conclusion
of each system and service review meeting, CITY may issue a
report. The report shall include a listing of any Solid Waste
collection, transportation, disposal, and recycling services not
then being provided to CITY that are considered beneficial
technically and economically feasible by CITY. CITY may require
GRANTEE to provide such services within a reasonable time at a
mutually agreed -upon price.
SECTION 15. FRANCHISE AREA - COMPENSATION
A. Annual Rate and Service Charges Review. All of the
rates and charges established in this Agreement between CITY and
GRANTEE shall be reviewed and considered by the City Council, as
provided for in Exhibit H. GRANTEE is aware of the City's goal to
maximize recycling from Commercial Premises and Multi - Family
Premises. GRANTEE agrees to comply with any rate structure
adjustment that the City may determine is desirable for the
purpose of improving diversion participation including creating
economic incentives in the rates to promote recycling. It is
agreed that upon thirty days written notice, the City may modify
the commercial rate structure with an annual of up to a five
percent impact on Commercial gross revenue on GRANTEE.
B. Franchise Fee. GRANTEE shall pay to CITY a
September 4, 2002 31
Franchise Fee as provided in Title 8, Chapter 36. GRANTEE shall
also submit AB 939 fees, as described in Exhibit "I" and itemized
in Exhibit G. The provisions set forth below for Franchise Fees
shall also apply to AB 939 fees. All fees shall be payable by
GRANTEE to CITY, on a monthly basis, no later than the fifteenth
(15th) day of the following month by 12:00 p.m. Should the
fifteenth (15th) day fall on a Saturday, payment shall be due by
the preceding Friday. Should the fifteenth (15th) day fall on a
Sunday, payment shall be due on the following Monday. Should the
fifteenth (15th) day fall on a holiday, payment shall be due on
the day before the holiday. Should the fifteenth (15th) day fall
on a Monday on which a holiday is observed, payment shall be due
on Tuesday.
(5) Commercial. In consideration of the granting of
an exclusive commercial solid waste franchise which
provides for CITY contract administration and the
use of and extraordinary wear and tear on CITY
rights -of -way for the operation of commercial and
roll -off drop box Solid Waste collection,
transportation, disposal, and recycling vehicles,
GRANTEE shall pay to CITY a Franchise Fee of sixteen
percent (160) of Gross Revenues, excluding landfill
share of the roll -off drop box accounts and
excluding revenues from the sale of recyclables. The
sixteen percent (16o Franchise Fee shall include
the AB 939 fee. The City Council shall determine
the appropriate percentage breakdown attributable to
the AB 939 fee portion of the Franchise Fee. If and
when CITY implements a business license tax, GRANTEE
agrees to include revenues from the sale of
recyclables in commercial Franchise Fees. The
Franchise Fee on commercial recyclables shall be
calculated in the same manner as for commercial
recyclers that are subject to CITY's business
license tax.
(6) Franchise Fees not received by CITY by 12:00 p.m.
on the fifteenth (15th) day of the following month
shall be subject to interest and a late fee of five
hundred dollars ($500). The interest rate shall be
two percent (20) above the average of the most
recent prime rates of the three largest banks
headquartered in California as published in the Wall
Street Journal (Western Edition) or similar
publication, but not to exceed twelve percent (120)
per annum. Interest shall be calculated from the
fifteenth (15) day after the end of the month on the
basis of a thirty (30) day month and the actual
September 4, 2002 32
number of days that the Franchise Fees are
outstanding. On a quarterly basis, GRANTEE shall
reconcile and submit Franchise Fee balances owed to
CITY.
C. Acceptance of Payment - No Release. No acceptance
of any payment shall be construed as a release or as an accord
and satisfaction of any claim CITY may have for further or
additional sums payable pursuant to the provisions of this
Agreement or for the performance of any other obligation imposed
by the provisions of this Agreement.
D. Ownership Of Solid Waste. At no time shall the
City obtain any right of ownership or possession of Solid Waste
or Hazardous Waste placed for collection and nothing in this
Agreement shall be construed as giving rise to any inference that
City has any such rights.
SECTION 16. SURETY.
Contemporaneously with the execution of this Agreement,
GRANTEE shall deposit a cash deposit ( "cash deposit ") in a form
approved by the City Manager and City Attorney assignable to CITY
in the sum of TWENTY Thousand Dollars ($20,000.00). In the
alternative, GRANTEE may provide CITY with an irrevocable letter
of credit from a bank or a performance bond from a licensed
surety in a form approved by CITY's City Attorney. The cash
deposit or irrevocable letter of credit (Surety) shall be on
terms acceptable to the City Manager and City Attorney. The
Surety shall serve as security for the faithful performance by
GRANTEE of all the provisions and obligations of this Agreement.
The Surety shall be payable to CITY upon its surrender.
After thirty (30) calendar days following GRANTEE's failure
to pay CITY any amount owing under this Agreement, the Surety may
be assessed by CITY upon five (5) days prior written notice to
GRANTEE for purposes including, but not limited to:
A. Failure of GRANTEE to pay CITY sums due under the
terms of this Agreement.
B. Reimbursement of out -of- pocket costs borne by CITY
to correct Agreement violations not corrected by GRANTEE, after
due notice.
C. Monetary remedies or damages may be assessed
against GRANTEE due to breach of this Agreement.
GRANTEE shall deposit a sum of money sufficient to restore
the Surety to the original amount or, as the case may be, provide
a new Surety, within thirty (30) days after notice from CITY that
any amount has been withdrawn from the Surety.
September 4, 2002 33
SECTION 17. FRANCHISE TRANSFERABLE; CITY CONSENT REQUIRED;
TERMINATION BY GRANTEE.
A. GRANTEE may not convey, assign, sublet, license,
hypothecate, encumber of otherwise transfer or dispose of
(collectively "Transfer "), this Agreement, the franchise granted
under it or any rights or duties under it, in whole or in part,
whether voluntarily or involuntarily, without the City's prior
written consent as expressed by written resolution of the City
Council. Any dissolution, merger, consolidation, or other
reorganization of GRANTEE, except as provided in Section 17.C,
below, any sale of other transfer or change in ownership or
control of any of the capital stock or other capital or equity
interests in either or both of them, or any sale or transfer of
thirty percent (300) or more of the value of the assets of either
or both of them shall be deemed a Transfer of this Agreement, the
franchise granted under it or any rights or duties under it. Any
Transfer or attempted Transfer of this Agreement, the franchise
granted under it or any rights or duties under it made without
the City's consent will be a material breach of this Agreement
and, at the City's option, will be null and void.
B. The City has no obligation to give its consent to a
transfer of the franchise granted by this Agreement. If the City
gives its consent, it may impose conditions, including, without
limitation, requiring acceptance of amendments to this Agreement.
Without obligating the City to give its consent, the proposed
transferee of Transfer must demonstrate to the City's
satisfaction that it has the operational and financial ability to
perform the terms of this Agreement.
C. GRANTEE's internal reorganization shall not
constitute a transfer provided that CITY consent to the
reorganization is sought and received prior to any internal
reorganization. An internal reorganization includes any change
in control of any of the voting stock through its conveyance to
an affiliate of GRANTEE, or by operation of law. Any request for
an internal reorganization must be submitted in writing to the
City Manager, no less than one hundred and twenty (120) days
prior to the proposed effective date of the internal
reorganization. GRANTEE shall reimburse CITY for all of its
costs to review the request and to determine if it is an internal
reorganization. City's expenses may include, but are not limited
to, Staff, City Attorney and Accountant fees and costs.
Determination by the City Manager shall be final. Any attempt to
implement an internal reorganization without the consent of CITY
shall constitute a material breach of this Agreement.
D. Rights of City in Event of Certain Misconduct.
Notwithstanding anything in this Agreement to the contrary, the
City shall have the right to terminate this Franchise Agreement
if any official of GRANTEE, or any associated firm or entity,
including but not limited to, any parent or subsidiary company
September 4, 2002 34
involved with the performance or administration of the Franchise
Agreement is convicted of, or pleads guilty or nolo contendere to
a felony relating to this Agreement. In addition, at the request
of the City, GRANTEE shall ensure that any officials of GRANTEE,
its parent or subsidiary company officials who are convicted of,
or plead guilty or nolo contendere to a felony (whether or not
relating to the administration of the Agreement) shall be removed
from administrative, managerial or other activities relating to
the Agreement.
E. GRANTEE may terminate this Agreement only upon one
hundred eighty (180) days written notice to CITY.
SECTION 18. FRANCHISE TRANSFER FEES.
A. Any application for a franchise transfer shall be
made in a manner prescribed by the City Manager. The application
shall include a deposit of $5,000, to cover the estimated cost of
all direct and indirect expenses, including CITY staff,
consultants' and attorneys', reasonably incurred by City to
adequately analyze the application. Any costs incurred by the
CITY in excess of $5,000 shall be reimbursed by GRANTEE. In the
event that the CITY's costs are less than $5,000, CITY shall
refund remaining deposit to GRANTEE.
B. Upon approved transfer of this Agreement, GRANTEE
shall pay to CITY a transfer fee in the amount of $50,000 or five
percent (50) of gross revenue from the last twelve months,
whichever is greater.
C. These franchise transfer fees are over and above
any Franchise Fees specified in this Agreement and shall not be
passed on to Commercial Premises.
D. The amount of the franchise transfer fee shall be
adjusted annually at the same percentage as the annually approved
customer service rates under this Agreement.
SECTION 19. IMPOSITION OF DAMAGES OR TERMINATION.
A. If at any time the City Manager determines that
GRANTEE's performance pursuant to this Agreement has not been in
conformity with the provisions of this Agreement, the
requirements of Title 8, Chapter 36, requirements of the
California Integrated Waste Management Board, including, but not
limited to, requirements for source reduction and recycling or
any other applicable federal, state or local law, rule or
regulation, including, but not limited to, the laws governing
transfer, storage or disposal of Hazardous Waste, the City
Manager may advise GRANTEE in writing of such deficiencies. The
City Manager shall, in such written instrument, set a reasonable
time within which correction of all such deficiencies is to be
made.
September 4, 2002 3S
B. Unless otherwise specified, a reasonable time for
correction shall be thirty (30) days from the receipt by GRANTEE
of such written notice. The City Manager shall review GRANTEE's
response and refer the matter to the City Council. The City
Council shall consider said response not later than sixty (60)
days from GRANTEE'S receipt of City Manager's written referral
and make a determination on the matter within thirty (30) days
from it first being placed on the City Council agenda.
C. The City Council shall give GRANTEE, and any other
person requesting the same, ten (10) days written notice of the
time and place of the hearing to consider GRANTEE'S appeal. At
the hearing, the City Council shall consider the report of the
City Manager indicating the deficiencies, and shall give GRANTEE,
and its representatives and any other interested person, a
reasonable opportunity to be heard.
D. Based on the evidence presented, the City Council
shall determine by resolution whether or not this Agreement
should be terminated or damages imposed or a notice to cure
issued. If, based upon the record, the City Council in its sole
discretion determines that the performance of GRANTEE is in
breach of any material provision of this Agreement or any
material provision of any applicable federal, state or local law,
rule or regulation and has not been corrected within the time
specified in the notice of deficiency, the City Council in the
exercise of its sole discretion, may terminate forthwith this
Agreement or impose damages, as defined below, or issue a notice
to cure. The decision of the City Council shall be final and
conclusive. GRANTEE's performance under this Agreement shall not
be excused during the period of time prior to the City Council's
final determination as to whether such performance is deficient.
E. This right of termination and to impose damages is
in addition to any other rights that may exist pursuant this
agreement of CITY upon a failure of GRANTEE to perform its
obligations under this Agreement.
F. Irrespective of subsection "A" above, CITY further
reserves the right to terminate this Agreement and impose damages
in the event of any of the following, each of which shall be
deemed a material breach of GRANTEE's obligations under this
Agreement:
(1) If GRANTEE practices, or attempts to practice, any
fraud or deceit upon CITY.
(2) In the event that GRANTEE should become insolvent
or if proceedings in bankruptcy shall be instituted
by or against GRANTEE, or if GRANTEE shall be
adjudged bankrupt or insolvent by any court, or if a
receiver or trustee in bankruptcy or a receiver of
September 4, 2002 36
any property of GRANTEE shall be appointed in any
suit or proceeding brought by or against GRANTEE, or
if GRANTEE shall make an assignment for the benefit
of creditors, and during the pendency of
aforementioned proceeding GRANTEE fails to maintain
service levels as required by this Agreement.
(3) If GRANTEE fails to provide or maintain in full
force and effect, the workers compensation,
liability insurance coverages or cash deposit as
required by this Agreement.
(4) If GRANTEE willfully violates any orders or
rulings of any regulatory body having jurisdiction
over GRANTEE directly relating to the performance of
GRANTEE obligations under this Agreement, provided
that GRANTEE'S may contest any such orders or
rulings by appropriate proceedings conducted in good
faith, in which case no breach of this Agreement
shall be deemed to have occurred unless and until
there is a final adjudication adverse to GRANTEE.
(5) If GRANTEE ceases to provide Solid Waste
collection service as required under this Agreement
over all or a substantial portion of its Franchise
Area for a period of five (5) days or more, except
where arising from an event of Force Majeure
(6) If GRANTEE willfully fails to make any payments
required under this Agreement and /or refuses to
provide CITY with required information, reports
and /or test results in a timely manner as provided
in this Agreement, and which is not corrected or
remedied within the time set in the written notice
of the failure or, if GRANTEE cannot reasonably
correct or remedy the breach within the time set
forth in such notice, or if GRANTEE should fail to
commence to correct or remedy such failure within
the time set forth in such notice and diligently
effect such correction or remedy thereafter..
(7) If GRANTEE willfully fails to make any payments
required under this Agreement and /or refuses to
provide CITY with required information, reports
and /or test results in a timely manner as provided
in this Agreement, which is not corrected or
remedied within the time set in the written notice
of the failure (or such additional time as
reasonably required, if GRANTEE cannot reasonably
September 4, 2002 37
correct or remedy the breach within the time set
forth in such notice, provided that GRANTEE
commences to correct or remedy such failure within
the time set forth in such notice and diligently
pursues such correction or remedy thereafter).
(8) If GRANTEE fails to achieve a 50% diversion level
for the waste stream within its Franchise Area
collected under this Agreement and the Commercial
Agreement as a result of its failure to make
reasonable efforts to maximize diversion in
accordance with the terms and conditions of this
Agreement, or is in breach of the requirements of
Exhibit I, Section 5 related to waste diversion,
following a determination by the CIWMB or the City
that the City has failed or will fail to meet its
diversion goals. GRANTEE shall have an opportunity
to cure this material breach, within the time
allotted by the CIWMB, or City, as appropriate. See
also SECTION 22.D., below
(9) Any other act or omission by GRANTEE which
materially violates the terms, conditions or
requirements of the Agreement, Title 8, Chapter 36,
the Act, or any order, directive, rule or regulation
issued thereunder, and which is not corrected or
remedied within the time set in the written notice
of the violation or, if GRANTEE cannot reasonably
correct or remedy the breach within the time set
forth in such notice, or if GRANTEE should fail to
commence to correct or remedy such violation within
the time set forth in such notice and diligently
effect such correction or remedy thereafter.
G. Liquidated Damages.
(1) CITY finds, and GRANTEE agrees, that as of the
time of the execution of this Agreement by both
parties, it is impractical, if not impossible to
reasonably ascertain the extent of damages that will
be incurred by CITY as a result of a material breach
by GRANTEE of its obligations under this Agreement.
The factors relating to the impracticability of
ascertaining damages include, but are not limited
to, the fact that: (i) substantial damage results
to members of the public who are denied services or
denied quality or reliable service; (ii) such a
breach causes inconvenience, anxiety, frustration
and deprivation of the benefits of this Agreement to
September 4, 2002 38
individual members of the general public for whose
benefit this Agreement exists, in subjective ways
and in varying degrees of intensity which are
incapable of measurement in precise monetary terms;
(iii) the monetary loss resulting from denial of
services or denial of quality or reliable service is
impossible to calculate in precise monetary terms;
and (iv) the termination of this Agreement for any
such breach, and other remedies are, at best, a
means of future correction and not remedies which
make the public whole for past breaches.
(2) Pursuant to Section 18, the City Council may, at
its sole discretion, assess liquidated damages not
to exceed the sum of One Thousand Dollars
($1,000.00) per day in accordance with this
Agreement. The maximum amount of the liquidated
damages shall be increased by the past year's
Consumer Price Index for all urban consumers within
the Los Angeles- Anaheim - Riverside metropolitan area
during the prior calendar year, excluding the
housing component, on the annual anniversary of this
Agreement. The comparison shall be made using the
month of September of each year and shall be
effective as of January 1 of each year. In
addition, the Council may order the termination of
this Agreement or other remedies available by law.
(3) CITY finds and GRANTEE acknowledges and agrees
that the above - described liquidated damages
provisions represent a reasonable sum in light of
all of the circumstances. Said liquidated damages
sums shall be applicable to each calendar day during
which GRANTEE has been found by the City Council to
be in material default pursuant to this Agreement.
GRANTEE shall pay any liquidated damages assessed by
the City Council within ten (10) days after they are
assessed. If they are not paid within the ten -day
period, CITY may withdraw them from the Surety
required by Section 15 above, order the termination
of the Franchise granted by this Agreement without
prior notice to GRANTEE, or both.
SECTION 20. CITY'S ADDITIONAL REMEDIES.
In addition to the remedies set forth in Section 18, above,
CITY shall have the following rights: '
A. License Other Solid Waste Enterprises. The right
September 4, 2002 39
to license others to perform the services otherwise to be
performed by GRANTEE, in the event GRANTEE is in material breach
of its duties to provide those services; and
B. Both parties recognize and agree that in the event
of a breach under the terms of this Agreement by GRANTEE, CITY
may suffer irreparable injury and incalculable damages sufficient
to support injunctive relief, to enforce the provisions of this
Agreement and to enjoin the breach thereof.
C. City's Damages for Failure to Achieve Diversion
Goals. GRANTEE agrees that its failure to achieve a 500
diversion level for the waste stream within its Franchise Area
collected under this Agreement and the Commercial Agreement,
arising from its failure to make reasonable efforts to maximize
diversion in accordance with the terms and conditions of this
Agreement, or its breach of the requirements of Exhibit I,
Section 5 related to waste diversion, shall be a material breach
of this Agreement. If the California Integrated Waste Management
Board were to impose administrative civil penalties against City,
then the City's damages for GRANTEE's material breach in its
failure to achieve the diversion goals for the City within its
Franchise Area as required by this Agreement, shall include, but
not be limited to such administrative civil penalties, attorneys'
costs and fees and City's staff time devoted to the resolution of
the administrative civil penalties against City.
SECTION 21. RIGHTS OF CITY DURING EMERGENCY.
A. Should GRANTEE for any reason whatsoever, except
the occurrence or existence of any of the events or conditions
set forth in SECTION 24.A, "Force Majeure," below, for a period
of more than seventy -two (72) hours, refuse or be unable to
collect a material portion or all of the Residential Solid Waste
which it is obligated under this Agreement to collect, and as a
result, Residential Solid Waste should accumulate in City to such
an extent, in such a manner, or for such a time that the City
Manager in the reasonable exercise of the City Manager's
discretion, should find that such accumulation endangers or
menaces the public health, safety or welfare, then City shall
have the right to contract with another solid waste enterprise to
collect and transport any or all Residential Solid Waste which
GRANTEE is obligated to collect and transport pursuant to this
Residential Agreement, but which GRANTEE is unable to collect and
transport. City shall provide twenty -four (24) hours prior
written notice to GRANTEE during the period of such emergency,
before contracting with another solid waste enterprise to collect
and transport any or all Residential Solid Waste which GRANTEE
would otherwise collect and transport pursuant to this
Residential Agreement, for the duration of the inability of
GRANTEE to provide such services. In such event, GRANTEE shall
identify sources from which such substitute Solid Waste services
are immediately available, and shall reimburse City for all of
September 4, 2002 40
its expenses for such substitute services.
B. GRANTEE will assist City in the event of major
disaster, such as an earthquake, storm, tidal wave (tsunami) riot
or civil disturbance, by providing collection vehicles and
drivers normally assigned to the City, at the Commercial rates
provided in EXHIBIT %NG". GRANTEE shall cooperate with City,
county, state and federal officials in filing information related
to a regional, state or federally - declared state of emergency or
disaster as to which GRANTEE has provided equipment and drivers
pursuant to this Agreement.
SECTION 22. INDEMNIFICATION AND INSURANCE.
GRANTEE agrees that it shall protect, defend, indemnify and
hold harmless City, its elected officials, officers, employees,
volunteers and agents from and against any and all losses,
liabilities, fines, penalties, claims, damages, liabilities or
judgments, including attorneys fees, arising out of or resulting
in any way from City's grant of this franchise to GRANTEE or
GRANTEE's exercise of the franchise, unless such claim is due to
the sole or active negligence or willful acts or knowing
violation of law of the City, its elected officials, officers,
employees, agents or contractors.
A. GRANTEE, upon demand of the City, made by and
through the City Attorney, shall protect City and appear in and
defend the City and its elected officials, officers, employees
and agents, in any claims or actions by third parties, whether
judicial, administrative or otherwise, including, but not limited
to disputes and litigation over the definitions of "Solid Waste"
or "Recyclable Material" or the limits of City's authority with
respect to the grant of licenses, or agreements, exclusive or
otherwise, asserting rights under the dormant Commerce Clause or
any other federal or state laws, including, but not limited to
the anti -trust laws and federal preemption under the Federal
Aviation Administration Authorization Act of 1994 or any other
law with respect to the provision of Solid Waste services, unless
arising from a knowing violation of law or willful misconduct by
the City. This provision shall survive the expiration of the
period during which collection services are to be provided under
this Commercial Agreement. City and GRANTEE agree to confer
following any trial to decide jointly whether to appeal or to
oppose any appeal. In the event City and GRANTEE jointly agree
to appeal, or to oppose any appeal, City and GRANTEE agree to
share equally the costs of appeals. Should either City or
GRANTEE decide to appeal, or to oppose an appeal, and the other
decide not to appeal, or to oppose an appeal, the party which
decides to appeal, or to oppose an appeal, shall bear all fees
and costs of the appeal or the opposition to the appeal.
B. Indemnification of GRANTEE. CITY shall indemnify
and hold GRANTEE, its officers, directors, employees and
September 4, 2002 41
shareholders harmless from and against any and all liabilities,
losses, damages, claims, actions, causes of action, costs and
expenses (including but not limited to attorney's fees and costs
incurred in connection with defending against any of the
foregoing or in enforcing this indemnity) arising out of or
resulting in any way from GRANTEE's exercise of the Franchise,
but only if due to the sole or active negligence or willful acts
of CITY, its officers, employees, or agents.
C. Hazardous Substances Indemnification. GRANTEE
shall indemnify, defend, protect and hold harmless City, its
elected officials, officers, employees, volunteers, agents,
assigns and any successor or successors to City's interest from
and against all claims, actual damages (including but not limited
to special and consequential damages), natural resources damages,
punitive damages, injuries, costs, response, remediation and
removal costs, losses, demands, debts, liens, liabilities, causes
of action, suits, legal or administrative proceedings, interest,
fines, charges, penalties and expenses (including but not limited
to attorneys' and expert witness fees and costs incurred in
connection with defending against any of the foregoing or in
enforcing this indemnity) of any kind whatsoever paid, incurred
or suffered by, or asserted against, City or its elected
officials, officers, employees, volunteers or agents arising from
or attributable to any repair, cleanup or detoxification, or
preparation and implementation of any removal, remedial,
response, closure or other plan (regardless of whether undertaken
due to governmental action) concerning any Hazardous Waste in any
Solid Waste collected by GRANTEE pursuant to this Commercial
Agreement, which is or has been transported, transferred,
processed, stored, disposed of which has otherwise come to be
located by GRANTEE, or GRANTEE's activities pursuant to this
Agreement result in a release of Hazardous Substances into the
environment. The foregoing indemnity is not applicable with
respect to any facility at which Solid Waste has come to be
located at the direction of the City, except for those facilities
owned and operated by GRANTEE or an affiliate.
D. Integrated Waste Management Act Indemnification.
GRANTEE agrees to meet the requirements of the California
Integrated Waste Management Board and the City's Source Reduction
and Recycling Element ( "SRRE "), and to take reasonable efforts to
maximize diversion, in accordance with the terms and conditions
of this Agreement. GRANTEE agrees that its failure to achieve a
50% diversion level for the waste stream within its Franchise
Area collected under this Agreement and the Commercial Agreement,
arising from its failure to make reasonable efforts to maximize
diversion in accordance with the terms and conditions of this
Agreement, or its breach of the requirements of Exhibit I,
Section 5 related to waste diversion, shall be a material breach
of this Agreement. In the event of a determination by the CIWMB
or the City that the City has failed or will fail to meet its
diversion goals, GRANTEE shall have an opportunity to cure the
material breach. See also SECTIONS 20.F.7 and 20 C. In
September 4, 2002 42
addition, subject to the requirements of Section 40059.1 of the
Public Resources Code, GRANTEE shall protect, defend, indemnify
and hold City harmless against all fines or penalties imposed by
the California Integrated Waste Management Board in the event the
diversion goals of AB 939 are not met by the City of Moorpark
with respect to the waste stream covered by this Agreement and
the Commercial Agreement, or GRANTEE`s delays in providing
information prevent City from submitting reports required by AB
939 in a timely manner.
E. The City shall be included as an additional insured
on each of the policies and policy endorsements. Notwithstanding
any inconsistent statements in any of said policies or any
subsequent endorsement attached thereto, the protection offered by
the policies shall:
1) Name the City and its officers, employees, servants
and agents, as additional insured with GRANTEE,
whether liability is attributable to GRANTEE or
City.
2) Insure the City and its officers and employees,
servants and agents while acting in the scope of
their duties under this Agreement against all
claims, demands, damage, liabilities, losses, costs
or expenses arising from, or in any way connected
with, the performance of this Agreement by GRANTEE
or the City.
3) Bear an endorsement or have attached a rider,
executed by a duly authorized officer of the
insurance company, whereby it is provided that such
policy provides primary coverage and that any other
policy that may afford coverage to the City shall
be excess over, and not concurrent with, such
policy.
4) GRANTEE shall provide the City with a completed
Insurance Endorsement on form CG 20 10 11 85. No
substitute form is acceptable. Said Endorsement,
executed by a duly authorized officer of the
insurance company, shall provide that in the event
of expiration or proposed cancellation of such
policy for any reason whatsoever, the City shall be
notified by certified or registered mail, postage
prepaid, return receipt requested, not less than
thirty (30) days before the expiration or
cancellation is effective.
5) Consistent with the provisions of this Article,
GRANTEE shall provide public liability and property
damage insurance as follows:
.September 4, 2002 43
a. In an amount not less than ten million
dollars ($10,000,000.00) for injuries or
death to any one person, and subject to the
same limitation for each person
($1,000,000.00) on account of any one
occurrence; and
b. In an amount not less than one million
dollars ($1,000,000.00) for damages to
property on account of any one occurrence.
c. In an amount not less than two million
dollars ($2,000,000.00) for automobile
liability insurance for any one claimant.
d. All policies shall be written on an
occurrence basis.
Consistent with the provisions in the preceding paragraphs,
GRANTEE shall provide workers' compensation insurance as required
by the California Labor Code. If any class of employees engaged
by GRANTEE in work under this Agreement is not protected by the
workers' compensation law, GRANTEE shall provide adequate
insurance for the protection of such employees to the satisfaction
of the City.
F. Modification. The insurance requirements provided
herein may be modified or waived in writing by the City Council
upon the request of GRANTEE, provided the City Council determines
such modification or waiver is in the best interests of CITY
considering all relevant factors.
G. Insurance Coverage. Contemporaneously with the
execution of this Agreement, GRANTEE shall deposit copies with
the City of endorsements evidencing the existence of policies of
insurance required pursuant to this Agreement. City shall have
the right to review GRANTEE's insurance policies at GRANTEE's
place of business.
H. Indemnification in Excess of Insurance Coverage.
The hold harmless and indemnification provision of Section 21
shall apply regardless of whether or not the insurance policies
required by Section 21 are determined to be applicable to or
sufficient to satisfy the losses, liabilities, fines, penalties,
claims, damages, liabilities or judgments, including attorney's
fees, described in Section 21.
September 4, 2002 44
I. Notwithstanding any inconsistent statement in any
of said coverages and policies or any subsequent endorsement
attached thereto, the protection offered by the policies shall be
written on an Occurrence basis.
SECTION 23. GRANTEE'S BOOKS AND RECORDS; AUDITS.
A. GRANTEE shall maintain all records relating to the
services provided hereunder, including, but not limited to,
books, customer lists, billing records, collection route
schedules, maps, Act compliance records, customer complaints,
gate tickets, route maps, customer lists, and other like
materials for the full term of this Agreement, and an additional
period of not less than three (3) years, or any longer period
required by law. CITY shall have the right, upon five (5)
business days advance notice, to inspect all records, including,
but not limited to, books, customer lists, billing records,
collection route schedules, maps, Act compliance records,
customer complaints, and other like materials of GRANTEE which
reasonably relate to GRANTEE's compliance with the provisions of
the Agreement. Such records shall be made available to CITY,
upon request, at GRANTEE's regular place of business, but in no
event outside the County of Ventura.
B. GRANTEE shall maintain a method of accounting, in
accordance with Generally Accepted Accounting Principles ( "GAAP ")
to the satisfaction of CITY that correctly reflects the Gross
Revenues of GRANTEE in connection with this Agreement. The
accounting and record keeping of Gross Revenues shall be separate
from the accounts maintained for any other business operated by
GRANTEE.
C. CITY shall have the right to inspect GRANTEE'S
revenue records and the right of audit and recomputation of any
and all amounts payable pursuant to the provisions of this
Agreement. Should any examination or audit of GRANTEE's records
reveal an underpayment or overpayment of any fee required under
this Agreement, the amount of such underpayment or overpayment
shall become due and payable not later than fifteen (15) days
after written notice of such underpayment or overpayment is sent
to Grantee by CITY. Should an underpayment of more than three
percent (30) be discovered or when such audit results in
increasing GRANTEE's payment to CITY, GRANTEE shall bear the
entire cost of the audit.
SECTION 24. GENERAL PROVISIONS.
A. Force Majeure. GRANTEE shall not be in default
under this Agreement in the event that the collection,
transportation, recycling, or disposal services of GRANTEE are
temporarily interrupted or discontinued for any of the following
reasons: riots, wars, sabotage, civil disturbances,
September 4, 2002 45
insurrections, explosion, natural disasters such as floods,
earthquakes, landslides and fires, strikes, lockouts and other
labor disturbances or other catastrophic events which are beyond
the reasonable control of GRANTEE. Other catastrophic events
does not include the financial inability of GRANTEE to perform or
failure of GRANTEE to obtain any necessary permits or licenses
from other governmental agencies or the right to use the
facilities of any public utility where such failure is due solely
to the acts or omissions of GRANTEE. In the event a labor
disturbance interrupts collection, transportation, recycling, or
disposal of Solid Waste by GRANTEE as required under this
Agreement, CITY may elect to exercise its rights under Section 21
of this Agreement.
B. Independent Contractor. GRANTEE is an independent
contractor and not an officer, agent, servant or employee of
CITY. GRANTEE is solely responsible for the acts and omissions
of its officers, agents, employees, and subcontractors, if any.
Nothing in this Agreement shall be construed as creating a
partnership or joint venture between CITY and GRANTEE. Neither
GRANTEE nor its officers, employees, agents or subcontractors
shall obtain any rights to retirement or other benefits which
accrue to CITY employees.
C. Pavement Damage. GRANTEE shall be responsible for
any extraordinary damage to CITY's driving surfaces, whether or
not paved, resulting from the weight of, or any leakage or
spillage of oils, fluids or solids by, vehicles providing Solid
Waste collection and transportation services under this
Agreement.
D. Law to Govern; Venue. The laws of the State of
California shall govern this Agreement. In the event of
litigation between the parties, venue in state trial courts shall
lie exclusively in the County of Ventura. In the event of
litigation in U.S. District Court, exclusive venue shall lie in
the Central District of California.
E. Fees and Gratuities. On an annual basis, GRANTEE
shall instruct its officers, agents, employees, and
subcontractors in writing, that requesting, soliciting,
demanding, or accepting either directly or indirectly, any
compensation or gratuity for the collection of Solid Waste
required to be collected under this Agreement is prohibited.
GRANTEE shall annually require each officer, agent, employee, and
subcontractor performing services pursuant to this Agreement to
sign an acknowledgment of this policy.
F. Prior Agreements and Amendment. This Agreement is
intended to carry out CITY's obligations to comply with the
provisions of the Act, as it from time to time may be amended,
and as implerdented by regulations of the California Integrated
Waste Management Board ( "Regulations "), as they from time to time
may be amended. In the event the Act, the Regulations, or other
September 4, 2002 46
state or federal laws or regulations enacted after this Agreement
has been made and entered into prevent or preclude compliance
with one or more provisions of this Agreement, such provisions of
the Agreement shall be modified or suspended as may be determined
necessary by CITY to comply with such state or federal laws or
regulations. No other amendment to this Agreement shall be valid
unless in writing duly executed by the parties.
G. Identification Required.
1) GRANTEE shall provide identification for all its
employees who may make personal contact with
customers. CITY may require GRANTEE to notify
customers of the form of said identification on an
annual basis.
2) GRANTEE shall provide a list of current employees
to the CITY upon request.
H. Employee Appearance, Conduct, and Training.
1) All employees who may make personal' contact with
customers shall maintain at all times as clean and
neat an appearance as is possible.
2) Employees shall use their best efforts to avoid
causing any disturbance or interference that may
annoy customers during the collection,
transportation, recycling, and disposal of Solid
Waste.
3) Employees shall receive training to identify
hazardous materials that are not considered Solid
Waste and, therefore, may not be collected,
transported, recycled, or disposed of by GRANTEE.
I. Notices. All notices required or permitted to be
given under this Agreement shall be in writing and shall be
personally delivered or sent by United States certified mail,
postage prepaid, return receipt requested, addressed as follows:
To: City Manager
City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
Copy to: Moorpark City Attorney
Burke, Williams & Sorensen, LLP
611 West Sixth Street, Suite 2500
Los Angeles, California 90017 -3102
To GRANTEE:
Charles Anderson, doing business as Moorpark
September 4, 2002 47
Rubbish Disposal
4950 Industrial Street
P.O. Box 307
Simi Valley, CA 93063
or to such other address as either party may from time to time
designate by notice to the other given in accordance with this
Section. Notice shall be deemed received and effective on the
date personally served or, if mailed, three (3) business days
from the date such notice is deposited in the United States mail.
J. Savings Clause and Entirety. If any non - material
provision of this Agreement shall for any reason be held to be
invalid or unenforceable, the invalidity or unenforceability of
such provision shall not affect the validity and enforceability
of any of the remaining provisions of this Agreement.
K. Joint Preparation of Agreement. Should
interpretation} of this Agreement, or any portion thereof, be
necessary, it is deemed that this Agreement was prepared by the
parties jointly and equally, and shall not be interpreted against
either party on the ground that the party prepared the Agreement
or caused it to be prepared.
L. The provisions of Section 22 shall survive the
termination or expiration of this Agreement.
M. Waiver of Contract. No waiver of any provision of
this Contract shall be binding unless agreed to by CITY and
GRANTEE and executed in writing.
N. Captions and Headings. The captions and headings
of the various Sections and Paragraphs of this Agreement are for
convenience and identification only and shall not be deemed to
limit or define the content of the respective Articles and
Paragraphs hereof.
0. Duplicate Originals. This Ac
duplicate counterparts, each of which
original, but both of which together shall
same instrument. This Agreement consists
and Exhibits A through I, each of which is
this reference.
jreement is executed in
is deemed to be an
constitute one and the
of pages 1 through 35
incorporated herein by
P. Integration. This Agreement constitutes the entire
agreement of the parties concerning the subject matter hereof and
all prior agreements or understandings, oral or written, are
hereby merged herein. This Agreement shall not be amended in any
way except by a writing expressly purporting to be such an
amendment, signed and acknowledged by both of the parties hereto.
WITNESS the execution of this Agreement.
September 4, 2002 48
ATTEST
CITY OF MOORPARK
Patrick Hunter, Mayor
Deborah S. Traffenstedt, City Clerk
CHARLES ANDERSON, DOING BUSINESS AS
MOORPARK RUBBISH DISPOSAL
M
Its
Its
State of County of , ss. On this
day of in the year before me
personally appeared CHARLES ANDERSON,
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person whose name is subscribed
to this instrument and acknowledged that he (she or they)
executed it.
September 4, 2002 49
Exhibit A FRANCHISE AREA
OCTOBER 1, 2002
As of October 1, 2003, Commercial Franchise Areas (including
multi - family and industrial areas) are to be distributed between
GRANTEES as set forth in the Commercial Franchise Area Map, which
is attached hereto and which, by this reference, is made a part
of this Agreement. However, as of January 1, 2003, and every
year of the Franchise Agreement thereafter, residential customers
shall be allocated equally (50o /50o) between the two solid waste
enterprises holding franchises, as additional residential
development takes place. At the City Manager's sole discretion,
CITY may make adjustments to the Franchise Area boundaries and /or
the number of residential customers of up to two percent (2%) of
the total number of residential customers on a quarterly basis
beginning October 1, 2002 and every quarter thereafter, to
address economy and efficiency, avoid duplication of service,
reduce vehicle trips, and other related matters. CITY agrees to
restore any adjustment to the number of customers resulting from
the adjustment to the Franchise Area as soon as practical. Any
restoration of the number of customers will not include recouping
lost revenues resulting from the adjustments.
September 4, 2002 51
Exhibit C COMMERCIAL, MULTI - FAMILY, AND TEMPORARY BIN /ROLL-
OFF DROP BOX
DATED OCTOBER 1, 2002
(1) Commercial Weekly Service. Not less often than
once per week, and more frequently if required to
handle the Solid Waste stream of the premises
where the service is provided, GRANTEE shall
collect the Solid Waste materials, including
recyclables, which have been placed for collection
in the appropriate bin. For the purpose of this
Agreement, Multi- family service shall be
considered as Commercial service. Service rates
for multi - family customers are the same service
rates for commercial customers as listed in
Exhibit G, Service Fee Schedule.
(2) Cost of Construction and Temporary Bin /Roll -off
Services. GRANTEE shall provide construction and
temporary bin and roll -off drop box service for
collection of Solid Waste, recycling, and
composting in its Franchise Area pursuant to
Exhibit A, at rates described in Exhibit G,
Service Fee Schedule.
(3) Recycling Program. GRANTEE shall provide
recycling services in the Franchise Area per the
terms set forth and at the service rates set forth
in Exhibit G, Service Fee Schedule.
A. Commercial Recycling Containers. GRANTEE
shall provide appropriate container, bin or
drop box roll -off for recyclables, for all
commercial customers who request such service.
The quantities and sizes of containers will be
dependent upon the configuration of each
commercial premises. Metal recycling bins may
have interior dividers (provided at the
discretion of GRANTEE) and lockable lids (if
requested by the Customer) , and an informative
decal in a form approved by the City Manager.
GRANTEE shall actively promote commercial
recycling to all of its customers.
B. Commercial Recycling Materials. GRANTEE
shall collect recyclables separated from Solid
Waste by commercial customers. Materials to be
collected include, but are not limited to,
paper, newspapers, glass, aluminum and bi -metal
cans, cardboard, plastic, Yard Trimmings, or
other material that is to be segregated for
collection. The CITY reserves the right to
require collection of additional materials at
no cost to CITY. At no cost to CITY, decals
shall be developed and affixed to such bins
identifying materials to be deposited in CITY's
recycling and /or Yard Trimmings collection
program. Collection shall take place Monday
through Saturday, as scheduled with customer.
At the CITY's direction, GRANTEE shall identify
customers with significant Recyclable Solid
Wastes in mixed Solid Waste containers, and
shall deliver these containers for processing
of Recyclable Solid Waste. GRANTEE shall
provide a staff liaison to coordinate the
commercial recycling program.
C. Multi - Family Complex Recycling. GRANTEE
agrees with CITY, and upon approval of property
owners, management companies, or associations,
to collect and remove all Recyclable Solid
Wastes that are segregated and placed for
collection at multi- family complexes located in
the City where Solid Waste bin collection
exists.
D. Multi - Family Unit Recycling Containers.
GRANTEE shall provide, at no cost to CITY,
individual recycling pails to multi - family
residents for each multi- family unit as
requested by the City Manager. The City
Manager shall approve the size and type of
recycling pail GRANTEE shall provide to
residents. Upon execution of this Agreement,
recycling pails shall become the property of
GRANTEE. Ownership of replacement recycling
pails delivered during the term of this
Agreement shall remain with GRANTEE.
E. Holiday Tree Collection Bins. GRANTEE shall
offer bins designated for the collection of
Holiday trees at all multi - family complexes
serviced by GRANTEE at a discounted rate during
the designated program schedule.
(4) Bin Distribution. GRANTEE shall purchase and
shall distribute bins for Solid Waste, including
Discards, Recyclable and compostable materials, to
commercial customers. The bins shall be of the
size and design necessary for commercial
collection of Solid Waste. GRANTEE shall
coordinate bin size to meet the needs and
available storage space of the business. The
ownership of the bins purchased by GRANTEE under
this Agreement shall be and remain with GRANTEE.
September 4, 2002 54
GRANTEE shall purchase and shall distribute multi-
family recycling bins to participating or
subscribing complexes within its Franchise Area.
The bin shall be specifically designed for such
recycling in order to reduce material theft and
product contamination. At no cost to CITY, decals
shall be developed and affixed to such bins
identifying materials to be deposited in CITY's
program. The ownership of such bins purchased by
GRANTEE shall be and remain with GRANTEE.
(5) Bin Maintenance. GRANTEE will keep commercial
collection bins in proper condition. After
collection, GRANTEE shall close any bin lids
following collection. The parties acknowledge
that from time -to -time bins will get damaged and
may become unusable. GRANTEE shall replace bins
with useable commercial bins.
Where the collection location is within an
enclosure constructed pursuant to the requirements
of the City Manager, GRANTEE shall be responsible
for the removal and replacement of all containers
placed therein. GRANTEE shall use sufficient care
in the handling of such containers as to prevent
any damage to the enclosure, the enclosure doors,
and adjacent facilities or improvements. GRANTEE
shall repair at its own expense, and within 30
working days after notification from the City
Manager, any such enclosure or adjacent facilities
or improvements damaged by GRANTEE.
(6) Collection from CITY Facilities. At no charge,
GRANTEE shall furnish sufficient receptacles, as
determined by CITY, for collection,
transportation, recycling and disposal of Solid
Waste, including Discards, source separated
Recyclable and compostable materials, at every
facility in GRANTEE's Franchise Area, owned or
operated by the CITY and the Moorpark
Redevelopment Agency (Agency) and remove the
contents of these containers on a schedule
approved by CITY and Agency, at no cost, including
landfill fees, to CITY.
Collection at CITY and Agency owned
facilities shall be at least once a week and more
often if needed as determined by the City Manager.
City owned or operated facilities are shown in
Exhibit C -1, and may be modified or expanded by
the City from time to time.
(7) Telephone Book Recycling. GRANTEE shall accept
September 4, 2002 55
and recycle telephone books in its commercial
recycling collection program.
(8) Waste Audits. Upon request by the Customer and /or
CITY, GRANTEE shall conduct a waste audit of all
customer - requested commercial and multifamily
accounts to determine their recyclable content,
prior to services being rendered. The process
used to conduct this waste audit shall be reviewed
and approved by CITY.
(9) Yard Trimmings Collection Service. GRANTEE shall
offer to collect source separated Yard Trimmings
generated from customers' premises in its
commercial Franchise Area. GRANTEE shall take
care to make sure the instructional stickers for
Yard Trimmings containers identify both the
acceptable and unacceptable types of organic Yard
Trimmings material.
(10) Holiday Tree Recycling. GRANTEE shall offer bins
designated for the collection of Christmas trees
and Hanukkah bushes, etc. at all multi - family
complexes serviced by GRANTEE at a discounted rate
from the regular bin rate provided in Exhibit G,
Service Fee Schedule.
(11) Promotion.
A. Billing Information. At its own cost and
expense, GRANTEE will print waste reduction
information on bills using text that is
provided by the CITY.
B. Collection Vehicle Signs. GRANTEE shall
purchase and attach a frame to both sides of
designated collection vehicles used in the CITY
for the purpose of attaching signs
approximately three (3) feet by eight (8) feet
to promote waste reduction. Signs will be
supplied by the CITY and, at its own cost and
expense, installed by GRANTEE.
C. Other Promotion. At the CITY's direction,
GRANTEE, at its own cost and expense, shall be
responsible for program publicity including at
least one (1) direct mail publication with text
and materials provided by the CITY to all
commercial Customers each year with text
approved by the CITY prior to mailing. At the
CITY's direction, GRANTEE, at its own cost and
expense, shall promote general programs through
advertisements of at least one - quarter page in
September 4, 2002 56
size at a maximum of four times each year in a
newspaper of general daily circulation, with
text as approved by the CITY.
(12) Special Events. GRANTEES shall each share equally
in the costs to provide the equivalent of 300
cubic yards each of Solid Waste bin dollection and
transportation service including all landfill
fees, at no charge, for community and special
events sponsored or co- sponsored by the City,
including but not limited to, Hazardous Waste
Collection Events, Labor Day in the Park,
Independence Day, Coastal and Inland Waterways
Clean Up Day and other non - profit litter reduction
efforts, Moorpark Country Days, every calendar
year, as directed by the City Manager. Service
shall include provision of a sufficient number of
containers at the places, times and service
frequency designated by the CITY. All containers
shall be labeled with adequate signage describing
acceptable materials, method of placement and
unacceptableness of Hazardous Waste.
(13) Public Area Collection. GRANTEE shall, at no cost
or expense to, and at the direction of, the CITY,
once per week or more frequently if needed,
provide Solid Waste collection service from
containers not to exceed 45 gallons in capacity
placed on public right -of -way at no more than 10
locations designated by the CITY. At direction of
the CITY, GRANTEE shall, at its own cost and
expense, provide Recyclable Solid Wastes
collection service for materials separated from
Solid Waste from no more than 10 locations, 45
gallon recycling containers in public locations
designated by the CITY.
(14) Waste Evaluations. In January of each year,
GRANTEE shall provide each Customer with a written
description of the service level provided that
Customer, including an offer to schedule a field
visit to determine if the current service level is
adequate. By January 31 of each year, GRANTEE
shall provide all Customers with packets including
a rate schedule, waste reduction information, and
other appropriate educational information. City
and GRANTEE staff shall meet to develop annual
promotional materials. Materials shall be
provided in Spanish, as necessary.
(15) Container Content Information. For all Containers
provided to the Customer by GRANTEE, GRANTEE shall
provide and affix to such Containers at no
additional cost and expense information about
container contents with text approved by the City.
September 4, 2002 57
(16) Alternative Fuel /Re- refined Oil Support GRANTEE
shall consider available local and state funding
for the purchase and /or conversion of unleaded
gasoline and diesel fuel refuse vehicles to
alternative fuel vehicles. GRANTEE shall provide
progress summary as part of annual report to City.
GRANTEE shall consider use of re- refined motor
oil in refuse /recycling vehicles operated by the
company, if the use of re- refined motor oils is
not inconsistent with vehicle manufacturer's or
warranty requirements. GRANTEE shall provide
progress summary, including volumes used, as part
of annual report to City.
EXHIBIT C -1 CITY FACILITIES
Moorpark Civic Center (Senior Center, Community Center, City
Hall, City Hall Annex), 799 N. Moorpark Ave.
Moorpark City Maintenance Building & Yard, 675 N. Moorpark
Avenue
Building, Safety & Engineering Building, 18 High Street.
Arroyo Vista Recreation Center, 4550 Tierra Rejada Road.
Vector /Animal Control Building, 7150 Walnut Canyon Rd.
Moorpark Police Service Center, 31 Flory Avenue
Public Works Department Building, 798 N. Moorpark Avenue.
Future Parks /Public Works Municipal Service Center, Spring &
Flynn
Moorpark Metrolink Station, 300 High Street.
Moorpark City Parks:
1. Arroyo Vista Park, 4550 Tierra Rejada Road; Tierra Rejada
Road and Countrywood
2. Campus Park, 6400 Harvard Street; Corner of Hartford and
Harvard Streets.
3. Campus Canyon Park, 6970 Hearon Drive; Corner of Collins
Drive and Hearon Drive.
4. Community Center Park, 799 Moorpark Avenue; In front of
City Hall.
5. Country Trail Park, 11701 ' Mountain Trail; Off
Countrywood and Mountain Trail
6. Glenwood Park, 11800 Harvester Street; Harvester Street
and Tierra Rejada Road.
7. Griffin Park, 15400 Campus Park Drive; Campus Park Drive
and College View Avenue.
8. Miller Park, 4530 Miller Parkway; Miller Parkway
9. Monte Vista Nature Park, 4201 Spring Road; Spring Road
north of Christian Barrett Drive.
10. Mountain Meadows Park, 4350 Mountain Meadow Drive;
September 4, 2002 58
Mountain Meadow Dr. and Mountain Trail St.
11. Peach Hill Park, 13200 Peach Hill Road; Christian Barrett
Drive and Peach Hill Road.
12. Poindexter Park, 500 Poindexter Avenue
13. Tierra Rejada Park, 11900 Mountain Trail Street; Tierra
Rejada Road and Mountain Trail Street.
14. Virginia Colony Park, 5600 Condor Drive; Condor and
Avenida Colonia
15. Villa Campesina Park, 4704 Leta Yancy Road
September 4, 2002 59
Exhibit D VEHICLE /EQUIPMENT STANDARDS
DATED OCTOBER 1, 2002
A. Vehicle and Equipment Standards. Any vehicle
utilized for the collection, transportation, or disposal of Solid
Waste in the CITY shall comply with the following standards:
1. Hazardous Waste Warnings. GRANTEE shall mark all of
its Bins and roll -off drop boxes in the City with
conspicuous notices warning that the disposal of
Hazardous Wastes is prohibited.
2. Bin and Roll -Off Drop Box Identification. All
bins and roll -off drop boxes shall bear the name and
telephone number of GRANTEE. The letters shall be no
larger than six (6) inches in height and four (4)
inches in width. Roll -off drop boxes shall have a
maximum size of two (2) feet by two (2) feet in height
and width.
3. Equipment Construction And Maintenance. Each
vehicle shall be constructed, used, and maintained so
that no Solid Waste, oil, grease, or other substance
will blow, fall, or leak out of the vehicle. All
vehicles transporting Solid Waste in the CITY shall be
equipped with watertight bodies, enclosed or provide a
cover that shall be securely placed over the entire
load when the vehicle is in motion to prevent spilling
or blowing of any part of the load.
GRANTEE shall at all times keep Bins and roll -off
drop boxes, and lids in good, clean, and sanitary
condition to protect public health and prevent the
spread of vectors. GRANTEE shall maintain all bins,
carts, and roll -off containers free from tagging and
graffiti. Bins, Carts, Roll -offs or other Containers
shall be removed from the service locations when
being cleaned or repaired. Bins and roll -off drop
boxes used for putrescible waste materials shall be
steam cleaned no less than once per year, or more
often if necessary to protect public health and
prevent the spread of vectors. GRANTEE shall provide
bins on casters and /or hasps or locks upon request by
the customer at rates in Exhibit G, Service Fee
Schedule.
a. All vehicles, Bins and roll -off drop boxes shall
be kept clean and in good repair. All vehicles
shall be thoroughly cleaned by washing both inside
and out, not less than once weekly.
b. Each vehicle used for collecting, transporting, or
disposing of Solid Waste shall be equipped with an
audible warning device that is activated when the
vehicle is backing up.
c. All vehicles and equipment shall be maintained at
all times in a manner to prevent unnecessary noise
during its operation.
d. All vehicles shall be inspected and certified in
accordance with California motor vehicle standards.
All vehicles must meet all State and Federal safety
requirements and shall comply with all applicable
Federal, State, and County statutes, laws, and
ordinances. The reporting requirements of "Exhibit
E Reports" of this Agreement apply to this Exhibit.
e. No vehicle used for the collection of Solid Waste
shall be loaded in excess of the manufacturer's
gross vehicle weight rating or in excess of the
maximum weight specified by the California Vehicle
Code, whichever is less.
September 4, 2002 61
Exhibit E REPORTS
DATED OCTOBER 1, 2002
1. Failure to Report. The refusal, failure, or
neglect of GRANTEE to file any of the reports required, or the
inclusion of any materially false or misleading statement or
representation made knowingly by GRANTEE in such report shall be
deemed a material breach of the Agreement, and shall subject
GRANTEE to all remedies, legal or equitable, which are available
to the CITY under the Agreement or otherwise. Reports which are
submitted after 30 calendar days following the end of each
quarter shall be subject to a fee of up to $200 per day (except
to the extent that such delay is due to extenuating circumstances
or is attributable to CITY requested changes).
2. Adverse Information GRANTEE shall provide CITY
copies of all reports submitted by GRANTEE to the EPA, OSHA, the
California Integrated Waste Management Board, Local Enforcement
Agency, or any other Federal, State, or County agency. Copies
shall be submitted to CITY simultaneously with GRANTEE'S filing
of such matters with said agencies. GRANTEE'S routine
correspondence to said agencies need not be automatically
submitted to CITY, but shall be made available to CITY upon
written request.
A. GRANTEE, and each of them shall submit to CITY
copies of all pleadings, applications,
notifications, communications, and all decisions,
correspondence, notices of violation ( "NOVs "), and
actions by, any Federal and State courts, regulatory
agencies, including Local Enforcement Agencies,
California Unified Program Agencies ( "CUPA's "), the
California Highway Patrol ( "CHP "), and other
government bodies relating specifically to GRANTEE'S
performance of services and the safety of equipment
utilized by GRANTEE to discharge GRANTEE's duties
pursuant to this Agreement.
B. GRANTEE shall submit to the CITY such other
information or reports in such forms and at such
times as the CITY may reasonably request or require
to assess GRANTEE's compliance with its obligations
under this Agreement.
C. All reports and records required under this or any
other section shall be furnished at the sole expense
of GRANTEE.
D. A copy of each of GRANTEE'S annual and other
periodic public financial reports or those of its
parent, subsidiary, and affiliated corporation and
other entities, as the CITY requests, shall be
submitted to the CITY within thirty (30) days after
receipt of a request.
E. GRANTEE shall make available to phe CITY for
examination the records maintained pursuant to this
Agreement as may be necessary to assist the CITY in
meeting its obligations under the Act, or as
amended. Designated City representatives shall have
the right to inspect or review records or reports of
GRANTEE reasonably necessary to evaluate annual
reports, rate review applications and GRANTEE's
performance provided for in this Agreement.
3. Annual Reports.
The CITY may conduct an annual review in order to
evaluate the level and quality of services provided by GRANTEE
and to review existing rates and charges. GRANTEE shall provide
a year -end annual report to the CITY on or before January 31 of
each year. The Annual Report shall include the following:
A. Discussion of education and publicity efforts and
their results;
B. Relevant evidence based on the formula, in Exhibit
H, to determine the annual rate adjustment;
C. The names, titles, and addresses of the owners,
officers, directors and stockholders of GRANTEE. A
list of stockholders or other equity investors
holding five percent (50) or more of the voting
interest in GRANTEE and any subsidiaries unless
GRANTEE is a public corporation whose annual reports
are publicly available. In the case of a public
corporation, a copy of the annual report shall be
provided to the City Manager as soon as it is
available to the public;
D. A description of all traffic citations received in
the past year;
E. A list of each vehicle in GRANTEE'S fleet operated
in the CITY, including age, make, model of each cab
and chassis, license plate number, vehicle
identification number, and type of service vehicle
performs;
F. Total number of Commercial Premises within GRANTEE'S
Franchise Area, and Commercial Premises that do not
subscribe to service;
G. A year -end report, in a form satisfactory to the
September 4, 2002 63
CITY, on the CITY'S progress in meeting and
maintaining its ability to meet its goals under AB
939, along with any recommended changes.
4. Quarterly Reports.
Forty -five (45) days after the close of each fiscal
quarter, GRANTEE shall submit a written quarterly report, in a
form approved by the CITY, including, but not limited to, the
following information:
A. By a methodology to be mutually agreed upon by the
CITY and GRANTEE, weight or volume of Commercial
Solid Waste, including Discards, Bulky Items, source
separated Yard Trimmings and source separated
Recyclable Solid Waste collected from Franchise
Area.
B. A copy of all landfill invoices for Commercial Solid
Waste disposal pursuant to this Agreement.
C. Setout and participation rates for recycling
programs.
D. Weight and other pertinent information regarding
special collection programs during the quarter
(community events, newspaper and cardboard
collection bins, telephone book collection programs,
etc.).
E. Hazardous Waste or Medical Waste inadvertently
collected during the quarter, including customer
address (if known), quantity and type of material,
and final disposition of Hazardous Waste.
F. Summary report of Customer complaint logs in a
format acceptable to the CITY.
G. A report, in a form satisfactory to the CITY, on the
CITY'S progress in meeting and maintaining its
ability to meet its goals under AB 939, along with
any recommended changes.
H. A list of all lost, stolen or damaged recycling
receptacles replaced by GRANTEE, including the
address to which each replacement receptacle is
delivered.
I. A unique list of non - subscribing addresses and
accounts, cut -off accounts, and new accounts to
assist CITY in its enforcement of the Contract and
Payment for Solid Waste Collection Services and
September 4, 2002 64
related provisions of Title 8, Chapter 36. This
list shall include all pertinent customer and situs
information, including customer name, site address,
customer telephone number, and if different the
billing name address, telephone number and property
owner's name; and any other information that GRANTEE
may possess that may assist the City in enforcing
Title 8, Chapter 36. Non - subscribing addresses not
subject to enforcement of the Refuse Collection
provision of Title 8, Chapter 3, such as valid
exemptions issued by the City, shall be submitted in
a separate list(s) with the reason the account is
not subject to enforcement indicated.
J. Items not listed in A through I above may be
requested by CITY upon thirty (30) days written
notice to GRANTEE for inclusion in any subsequent
quarterly report, as reasonably necessary to assess
GRANTEE's compliance with its obligations under this
Agreement.
5. Monthlv Reports.
GRANTEE shall submit monthly
within fifteen (15) calendar days frc
period being reported. At a minimum,
separately identify residential and
information as designated by the City
not be limited to:
reports that shall be due
m the end of the monthly
the monthly reports shall
commercial solid waste
Manager and include, but
A. A list of non - subscribing accounts, cut -off
accounts, and new accounts to assist CITY in its
enforcement of the Mandatory Refuse Collection
provision of Title 8, Chapter 36.
B. A revenue statement, setting forth monthly Franchise
Fees, and the basis for the calculation thereof,
certified by an officer of GRANTEE; and
C. All information required by the County of Ventura
and the Ventura Council of Governments (VCOG) for
planning purposes.
D. Summaries of collection activity on Disposal,
Diversion, and participation in programs that is
acceptable to the City.
September 4, 2002 65
Exhibit F SPECIAL WASTES
DATED OCTOBER 1, 2002
GRANTEE shall not collect Hazardous Waste or Special Waste
not defined as Universal Waste. For the purposes of GRANTEE
providing collection, transportation, disposal, recycling and
roll -off drop box services for Special Wastes, as specified in
Section 14, the following shall constitute the definition of
special wastes:
Containerized waste (e.g., a drum, barrel, portable tank,
box, pail, etc.).
Waste transported in a bulk tanker.
Liquid waste.
Sewage sludge.
Waste from a pollution control process.
Residue and debris from the cleanup of a spill or release of
non - hazardous commercial products.
Dead animals.
Waste water.
Other items as mutually agreed upon in writing.
In performing the services under this Agreement, GRANTEE
shall comply with all federal, state and local laws,
regulations and ordinances applicable to the services
provided pursuant to this Agreement. With respect to
Universal Waste, GRANTEE shall provide the CITY with a
written report in a form prescribed by the CITY that
describes the current methods by which GRANTEE collects,
transports, handles, stores, recycles, and disposes of
Universal Waste. These methods shall conform to all federal
and state regulations that are applicable to Universal
Waste.
Exhibit G SERVICE FEE SCHEDULE
DATED OCTOBER 1, 2002
MOORPARK SOLID WASTE
SERVICE FEE
Schedule of Maximum Rates Which May Be Charged
January 1, 2003
Exhibit H RATE ADJUSTMENT SCHEDULE
DATED OCTOBER 1, 2002
1. Annual Consumer Price Index (CPI) and Tippinq Fee Adjustment.
The ceiling on rates in Exhibit "G" shall be automatically
adjusted to reflect changes in the consumer price index and
landfill fees. The adjustment shall be effective as of the
first day of January of each calendar year. The CPI
adjustment shall be equal to the amount derived by
multiplying the previous Hauler Rate times the percentage
increase or decrease in the Consumer Price Index for all
urban consumers within the Los Angeles metropolitan area
during the prior calendar year, excluding the housing
component. The "Hauler Rate" means the existing rate less
Franchise Fee and AB 939 Fee. The comparison shall be made
using the month of July of each year and shall be effective
each January 1st thereafter. As of July 1, 2002, the posted
landfill tipping fee is $39.27 per ton. The first rate
adjustment shall occur January 1, 2003 as authorized by
applying the terms of this Agreement. The landfill tipping
fee adjustment shall be effective at the start of the first
full billing period after the landfill tipping fee is
adjusted. The formulas for the annual CPI and Landfill
Tipping Fee Adjustments are as follows:
(1) CPI Formula: Hauler Rate x (86o x CPI)
(2) Landfill Tipping Fee Formula:
(a) For the purposes of rate calculation, it is
agreed that the landfill tipping fee
adjustment rate will be at the basis of one
hundred pounds (100 lbs.) per cubic yard of
container service volume provided. To
determine the monthly landfill rate
adjustment for various bin sizes and service
level, the formula can also be expressed as
=SUM (tip fee change * (container CY * weekly
pickups * 4.33 * .05) . For example, with a
$0.92 increase in the posted landfill rate, a
three cubic yard bin picked up once per week
would have its landfill adjustment calculated
as follows: =SUM (0.92 *(3 *1 *4.33 *.05) =
$0.60 per month increase. A three -yard bin
picked twice per week would have a $1.20 per
month increase, etc.
Notes: 4.33 represents the average number of
weekday occurrence per month (52/12 = 4.33);
.05 is 10012000 (the weight of a typical
uncompacted cubic yard of discards) divided
by 2000, or one ton.
2. CIWMP FEES
County Integrated Waste Manage
imposed by the County shall be
ratepayer as directed by CITY.
shall also be passed through
directed by CITY. As of July 1,
per ton.
3. Extraordinary Costs
ment Program (CIWMP) fees
passed through to CITY or
Any CIWMP fee decreases
to CITY or ratepayer as
2002, the CIWMP fee is 50C
A. In addition to, and not in lieu of, the annual CPI
adjustment GRANTEE shall also be entitled to rate
increases or decreases in an amount equal to GRANTEE'S
extraordinary increases or decreases in its cost of
collection. GRANTEE'S IPC processing fees, now or
later imposed, shall neither be levied on CITY nor
added to the rates in Exhibit G. In addition, any fees
imposed on GRANTEE by another local public agency
related to the disposal, processing, transportation, or
use of public infrastructure in the form of a fee or
other consideration shall neither be levied on CITY or
any customer nor added to the rates in Exhibit G
without the approval of CITY. Such extraordinary
increases or decreases in the cost of collection may
include, by way of example and not by way of
limitation: (1) a change in the location of the
landfill or other lawful disposal sites to which
GRANTEE is required to transport Solid Waste collected
hereunder; (2) changes in the local, State or Federal
laws governing temporary bin and roll off drop box
services and collection, separation, transportation,
recycling, composting, or disposal of Solid Waste; (3)
new or increased taxes, fees or charges on the
collection, recycling or disposal of Sollid Waste; or
(4) Change in Law. Any additional special fees
associated with special or mandated CITY programs in
excess of those required in the Agreement shall be
authorized by the City Council which shall consider a
supplemental rate adjustment.
B. Services and rates not listed in this Exhibit shall be
considered an unauthorized level of service and rate
and shall not be provided or levied within the CITY
limits of the City of Moorpark. Such services and
proposed rates shall be brought to the attention of the
City Manager for evaluation and disposition.
(1) Senior citizen and Super Recycler rate. The
Council shall approve by resolution, at the time of the annual
rate review, the percentage change in rates for senior citizen
heads of household, sixty -two (62) years of age and older and
Super Recycler rate. The percentage, which shall be comparable
September 4, 2002 71
to the percentage adjustment, authorized for all other customers.
(2) Special fees. GRANTEE may, in addition to a
monthly charge for Solid Waste services, charge an additional fee
for accounts in arrears ninety (90) days or more, at which time
GRANTEE may require a deposit from a customer equal to the cost
of ninety (90) days of service before renewing or continuing to
provide service. Such deposit shall be refundable and shall not
replace or reduce any past due amounts or late charges owed which
may be required to be paid in full at the same time a deposit is
paid.
(3) Rate Review. GRANTEE shall pay to City
actual City staff costs for staff time spent processing annual
rate reviews, but not to exceed twenty (20) hours annually.
September 4, 2002 72
Exhibit I INTEGRATED WASTE MANAGEMENT ACT TOPICS
DATED OCTOBER 1, 2002
1. GRANTEE will collect and pass through to CITY a CITY AB 939
Waste Management Franchise Fee on a monthly basis as
describe for the submittal of Franchise Fees in Section 14.
The Fee, identified in Exhibit G (Service Fee Schedule)
shall be set and adjusted at the sole discretion of CITY.
2. GRANTEE will conduct waste sorts and waste characterization
studies, mutually acceptable to GRANTEE and City Manager,
for CITY planning monitoring purposes.
3. GRANTEE shall take all steps necessary, at its own expense,
to reduce the waste stream collected under this Agreement
and to divert Solid Waste from ultimate disposal in
landfills or transformation facilities. As long as CITY
determines, landfill diversion for recyclables, Yard
Trimmings, clean wood waste, and horse manure exists,
GRANTEE warrants that these source - separated wastes
collected pursuant to this Agreement shall not be disposed
of in a landfill. Disposal of these source - separated wastes
in a landfill shall be deemed a material breach of contract
and is cause for termination of this Agreement and
revocation of the franchise.
4. Prior to instituting any waste reduction or recycling
program initiated by GRANTEE, GRANTEE shall first submit the
program to the City Manager for approval. GRANTEE shall not
initiate the program without City Manager's approval.
5. GRANTEE agrees that it will undertake reasonable efforts to
achieve a 50% diversion level for the waste stream within
its Franchise Area collected under this Agreement and the
Commercial Agreement, and to maximize diversion in
accordance with the terms and conditions of this Agreement.
CITY, at its own expense, shall be responsible for
implementing the public education and awareness portions of
the Source Reduction Recycling Element, as it may be amended
hereafter. GRANTEE shall use best efforts to maximize the
amount of Solid Waste diverted from landfills. Should the
City not meet the diversion requirements of AB 939 for its
entire waste stream, and if the City determines that GRANTEE
has not undertaken reasonable efforts to maximize diversion,
GRANTEE agrees to undertake reasonable efforts to implement
programs necessary for the City to maximize diversion at
GRANTEE's sole cost and expense.
7. The failure of GRANTEE to comply with any of the above shall
be deemed a material breach of this Agreement.
EXHIBIT J GUARANTY
DATED OCTOBER 1, 2002
This GUARANTY (the "Guaranty ") is made as of , 2002, by
Charles Anderson And Sea /Sue Inc., A General Partnership, Doing
Business As Moorpark Rubbish Disposal _ ( "Guarantor "), the
address of which is 4590 Industrial Street, Simi Valley, CA
93062, California, in favor of the City of Moorpark, a municipal
corporation (the "City ") , the address of which is 799 Moorpark
Avenue, Moorpark, California 93021, Attn.: City Manager.
1. Recitals. This Guaranty is made with respect to the
following facts and circumstances:
(a) The City and Charles Anderson And Sea /Sue Inc., A
General Partnership, Doing Business As Moorpark Rubbish Disposal
(collectively, "GRANTEE ") have entered into a FRANCHISE AGREEMENT
BETWEEN THE CITY OF MOORPARK And Charles Anderson And Sea /Sue
Inc., A General Partnership, Doing Business As Moorpark Rubbish
Disposal FOR PROVIDING RESIDENTIAL, MULTI - FAMILY, AND COMMERCIAL
SOLID WASTE SERVICES dated for reference purposes October 1,
2002.
(b) The City would not enter into the Agreement with
GRANTEE unless the Guarantor agreed to guarantee the obligations
of GRANTEE under the Agreement as provided in this Guaranty, and
the Guarantor, as a material inducement and consideration to the
City to enter into the Agreement, is willing to execute and
deliver this Guaranty and to agree to and be bound by its terms.
2. Guaranty.
2.1. Guaranty of Obligations. The Guarantor
unconditionally, absolutely and irrevocably guarantees to the
City to cause the full, prompt and complete payment and
performance when due of all indebtedness and obligations of
GRANTEE to the City under the Agreement, including, without
limitation, all obligations of indemnity on the part of GRANTEE
under the Agreement.
2.2. Guaranty of Payment. The liability of the Guarantor on
this Guaranty is a guaranty of payment and performance and not of
collectibility, and is not conditional or contingent on the
genuineness, validity, regularity or enforceability of the
Agreement or the pursuit by the City of any remedies that it now
has or may hereafter have with respect to the Agreement.
2.3. Continuing Guaranty. This Guaranty is a continuing
guaranty of the indebtedness and obligations of GRANTEE under the
Agreement, including any and all such indebtedness and
obligations which are renewed, extended, compromised, or
restructured from time to time.
2.4. Independent Obligations. The Guarantor agrees that it
is directly and primarily liable to the City, that the
Guarantor's obligations hereunder are independent of the
indebtedness and the obligations of GRANTEE under the Agreement,
and that a separate action or actions may be brought and
prosecuted against the Guarantor, whether or not action is
brought against GRANTEE or whether or not GRANTEE is joined in
any such action or actions.
3. Consents by Guarantor.
3.1. Consents. The Guarantor hereby authorizes the City,
without notice or demand and without affecting the Guarantor's
liability hereunder, from time to time to:
3.1.1. Changes in Terms. Renew, compromise, extend,
accept partial payments, accelerate or restructure the
indebtedness and obligations of GRANTEE under the Agreement
or otherwise change the time for payment or the terms of any
such indebtedness or obligations, or any part thereof.
3.1.2. Amendment of Agreement. Waive, amend, rescind,
modify or otherwise change any of the terms or provisions of
the Agreement.
3.1.3. Liquidation of Guaranteed Obligations. Settle,
release, compromise, collect or otherwise liquidate any of
the indebtedness or obligations of GRANTEE under the
Agreement, or any part thereof, and any security or
collateral therefor in any manner as the City may determine
in its sole and absolute discretion.
3.1.4. Collateral. Take and hold collateral to secure
the payment and performance of the indebtedness and
obligations of GRANTEE under the Agreement and exchange,
enforce, waive and release any such collateral, and apply
such collateral and direct the order or manner of sale
thereof as the City in its sole and absolute discretion may
determine.
3.1.5. Releases. Release or substitute any one or
more endorsers or other guarantors.
September 4, 2002 75
3.2. Non - Release of Guarantor. The Guarantor agrees that
the City may do any or all of the matters specified in Section
3.1 in such manner, upon such terms, and at such times, as the
City, in its sole and absolute discretion, deems advisable,
without, in any way or respect, impairing, affecting, reducing or
releasing the Guarantor from its undertakings hereunder and the
Guarantor hereby consents to each and all of the matters
specified in Section 3.1.
4. Waivers.
4.1. Defenses. The Guarantor hereby waives any right to
assert against the City as a defense, counterclaim, setoff or
cross - claim, any defense (legal or equitable), counterclaim,
setoff or cross -claim which the Guarantor may now or at any time
hereafter have under applicable law, rule, arrangement or
relationship against GRANTEE.
4.2. Presentment, Demand and Notice. The Guarantor waives
all presentments, demands for performance, notices of
nonperformance, protests, notices of protests, notices of
dishonor, notices of default, notice of acceptance of this
Guaranty, diligence and notices of the existence, creation or
incurrence of the indebtedness and obligations of GRANTEE under
the Agreement or of new or additional indebtedness or obligations
of GRANTEE incurred or created after the date of this Guaranty,
and all other demands, notices or formalities of whatsoever kind
to which the Guarantor may be entitled under applicable law.
4.3. Remedies Against GRANTEE. As a condition to payment or
performance by the Guarantor under this Guaranty, the City shall
not be required to, and the Guarantor hereby waives any and all
rights to require the City to, prosecute or seek to enforce any
remedies against GRANTEE or any other party liable to the City on
account of the indebtedness and obligations of GRANTEE under the
Agreement or to require the City to seek to enforce or resort to
any remedies with respect to any security interests, liens or
encumbrances granted to the City by GRANTEE or any other party on
account of the indebtedness and obligations of GRANTEE under the
Agreement.
4.4. Subrogation Rights. Until all the terms, covenants
and conditions of the Agreement on GRANTEE's part to be performed
and observed are fully performed and observed, the Guarantor
shall have no right of subrogation, reimbursement, exoneration,
indemnity or contribution against GRANTEE by reason of any
payments or acts of performance by the Guarantor in compliance
September 4, 2002 76
with the obligations of the Guarantor under this Guaranty;
provided that, notwithstanding the foregoing, the Guarantor shall
have no right of subrogation, reimbursement, exoneration,
indemnity, contribution or any other rights that would result in
the Guarantor being deemed a creditor of GRANTEE under the
Federal Bankruptcy Code, and the Guarantor irrevocably waives all
such rights and the right to assert any such rights.
5. Waiver of Suretyship Defenses; Antideficiency
Legislation. The Guarantor agrees that nothing contained in this
Guaranty shall prevent the City from suing on the Agreement or
from exercising any other rights available to it under the
Agreement, and that the exercise of any of these rights shall not
constitute a legal or equitable discharge of the Guarantor. The
Guarantor understands that the exercise by the City of certain
rights and remedies contained in the Agreement may affect or
eliminate the Guarantor's right of subrogation against GRANTEE
and that the Guarantor may therefore succeed to a partially or
totally non - reimbursable liability hereunder. Nevertheless, the
Guarantor hereby authorizes and empowers the City to exercise, in
its sole and absolute discretion, any rights and remedies, or any
combination of rights and remedies, that may then be available,
since it is the intent and purpose of the Guarantor that the
obligations hereunder shall be absolute, independent and
unconditional under any and all circumstances. Without limiting
the generality of the foregoing, the Guarantor expressly waives
any and all benefits under California Civil Code §§ 2809, 2810,
2819, 2845, 2849, 2850 and 2855, and California Code of Civil
Procedure §§ 580a, 580b, 580d and 726.
6. Bankruptcy.
6.1. Liability of Guarantor Unaffected. The liability of
the Guarantor under this Guaranty shall in no way be affected by:
the release or discharge of GRANTEE in any creditor proceeding,
receivership, bankruptcy or other proceeding; the impairment,
limitation or modification of the liability of GRANTEE or the
estate of GRANTEE, or any remedy for the enforcement of GRANTEE's
liability, resulting from the operation of any present or future
provision of the Federal Bankruptcy Code or any bankruptcy,
insolvency, debtor relief statute (state or federal), or any
other statute, or from the decision of any court, the rejection
or disaffirmance of the indebtedness or obligations of GRANTEE
under the Agreement, or any portion thereof, in any such
proceeding; or the cessation, from any cause whatsoever, whether
consensual or by operation of law, of the liability of GRANTEE to
the City.
September 4, 2002 77
7. Termination of Guaranty. The Guarantor's obligations
under this Guaranty shall continue in full force and effect and
this Guaranty shall not terminate until the indebtedness and
obligations of GRANTEE under the Agreement are fully paid,
performed and discharged and the City gives the Guarantor written
notice of that fact. The indebtedness and obligations of GRANTEE
under the Agreement shall not be considered fully paid, performed
and discharged unless and until all payments by GRANTEE to the
City are no longer subject to any right on the part of any
person, including, without limitation, GRANTEE, GRANTEE as
debtor -in- possession, or any trustee or receiver in bankruptcy,
to set aside such payments or seek to recoup the amount of such
payments, or any part thereof. The foregoing shall include,
without limitation, all rights to recover preferences voidable
under the federal Bankruptcy Code. In the event that any such
payments by GRANTEE to the City are set aside after the making
thereof, in whole or in part, or settled without litigation, to
the extent of any such settlement, all of which is within the
City's sole and absolute discretion, the Guarantor shall be
liable for the full amount the City is required to repay plus
costs, interest, attorneys' fees and any and all expenses which
the City paid or incurred in connection therewith. The Guarantor
shall continue to be liable under the terms of this Guaranty
notwithstanding the transfer by GRANTEE of all or any portion of
the property encumbered by the Agreement.
8. Other Provisions.
8.1. Expenses. The Guarantor agrees to pay all attorneys'
fees and all other costs and expenses which may be incurred by
the City in the enforcement or collection of this Guaranty and
the indebtedness and obligations of GRANTEE under the Agreement,
whether or not suit is filed.
8.2. Interest. All amounts required to be paid to the City
by the Guarantor pursuant to the provisions of this Guaranty
(including, without limitation, pursuant to Section 2 and 8.1
hereof) shall bear interest from the date upon which such amounts
are due to the date of payment thereof at the highest rate
permitted by law. All payments of such amounts by the Guarantor
shall include any such accrued interest.
8.3. Governing Law. The validity, construction and
performance of this Guarantee shall be governed by the laws,
without regard to the laws as to choice or conflict of laws, of
the State of California.
8.4. Entire Agreement. This Guaranty embodies the entire
September 4, 2002 78
agreement and understanding between the City and the Guarantor
pertaining to the subject matter of this Guaranty, and supersedes
all prior agreements, understandings, negotiations,
representations and discussions, whether verbal or written, of
such parties, pertaining to that subject matter.
8.5. Assignment; Binding Effect. Neither this Guaranty nor
any rights or obligations under this Guaranty may be assigned by
the Guarantor without the prior written consent of the City.
Subject to the foregoing, the provisions of this Guaranty shall
bind and inure to the benefit of the City and the Guarantor and
their respective heirs, executors, personal representatives,
successors and assigns.
8.6. Notices. Whenever the City or the Guarantor desire or
are required to give any notice, demand or request with respect
to this Guaranty, each such communication shall be in writing and
shall be given by personal service or mailed by Certified Mail,
postage prepaid, return receipt requested, addressed as set forth
in the first paragraph of this Guaranty. Such communications
sent shall be effectively given when they are received by the
addressee thereof, but if sent by Certified Mail, they shall be
effectively given three (3) days after being deposited in the
United States Mail. The City and the Guarantor may change their
respective address for such communications by giving notice to
the other in conformity with this Section.
8.7. Amendment and Waiver. This Guaranty may not be
amended, modified or supplemented except by a writing duly
executed by the Guarantor and a duly authorized officer of the
City. No provision of this Guaranty or right of the City under
this Guaranty can be waived except by a writing duly executed by
a duly authorized officer of the City. No waiver by the City of
a breach of any provision of this Guaranty shall be construed as
a waiver of any subsequent or different breach, and no
forbearance by the City to seek a remedy for noncompliance or
breach by the Guarantor shall be construed as a waiver of any
right or remedy with respect to such noncompliance or breach.
8.8. Time. Time is of the essence with respect to each
provision of this Guaranty.
8.9. Severability. The invalidity or unenforceability of
any particular provision of this Guaranty shall not affect the
other provisions, and this Guaranty shall be construed in all
respects as if any invalid or unenforceable provision were
omitted.
September 4, 2002 79
8.10. Further Action. The Guarantor agrees to perform
any further acts and to execute and deliver any other documents
which may be necessary in the opinion of the City to effect the
provisions of this Guaranty.
8.11. Headings. The section and other headings
contained in this Guaranty are for reference purposes only and
shall not affect in any way the meaning or interpretation of this
Guaranty.
IN WITNESS WHEREOF, the Guarantor, intending to be bound,
has executed this Guaranty as of the year and date first above
written.
CHARLES ANDERSON, DOING BUSINESS AS
MOORPARK RUBBISH DISPOSAL
Its
ma
Its
State of , County of , ss. On this
day of in the year before me
, personally appeared CHARLES ANDERSON,
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person whose name is subscribed
to this instrument and acknowledged that he (she or they)
executed it.
SIGNED
September 4, 2002 80