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HomeMy WebLinkAboutAGENDA REPORT 1991 0605 CC REG ITEM 11CMOORPARK 799 Moorpark Avenue Moorpark, California 93021 M E M O R A N D U M TO: The Honorable City Council SC_ FROM: Susan Cauldwell, Assistant to the City DATE: May 24, 1991 SUBJECT: Award of Commercial Refuse Franchises (805) 529-6864 MOC? ?ARK, CALIFORNIA Cily Ccuncil Meefing Previous Citv Council action authorized the arantina of uD to four non-exclusive commercial refuse franchises.) Last month +the Citv issued a Request for Qualifications for Commercial Refuse Collection and Disposal to eight local refuse companies. Responses were received from G.I. Rubbish, Moorpark Disposal, E.J. Harrison and Sons, and Rubbish Control Inc. G.I. Rubbish and Moorpark Disposal are currently franchised to collect residential refuse. These two companies and E.J. Harrison and Sons currently collect commercial and industrial refuse in Moorpark. The Budget and Finance Committee recommends that all four companies should receive a commercial refuse franchise. Significant components of the enclosed commercial franchise agreement (in addition to the standard language used in the residential agreement) include the following: 1. payment of a $4000 fee to the City upon execution of the franchise agreement (no later than June 30, 1991) to be credited to the City in FY90/91; 2. maximum rates are set by City on a not -to -exceed basis for the life of the agreement; 3. ten (10) percent franchise fee due to the City on all receipts; 4. three year term with an effective date of July 1, 1991; 5. implementation of multi -family, commercial, and industrial recycling; and 6. a $10,000 cash bond or irrevocable letter of credit. (Franchised residential haulers will not be required to post an additional $10,000 bond.) PAUL W. LAWRASON JR. BERNARDO M. PEREZ SCOTT MONTGOMERY ROY E. TALLEY JR. JOHN E. WOZNIAK Mayor Mayor Pro Tem Councilmember Councilmember Councilmember The Honorable City Council May 24, 1991 Page 2 Staff Recommendation Award commercial refuse franchises to G.I. Rubbish, Moorpark Disposal, E.J. Harrison and Sons, and Rubbish Control Inc. AGREEMENT BETWEEN THE CITY OF MOORPARK AND YOUR COMPANY FOR THE COLLECTION, TRANSPORTATION, RECYCLING AND DISPOSAL OF SOLID WASTE DATED AS OF JULY 1, 1991 AGREEMENT BETWEEN THE CITY OF MOORPARK AND YOUR COMPANY FOR THE COLLECTION, TRANSPORTATION, RECYCLING AND DISPOSAL OF SOLID WASTE This Franchise Agreement ("Franchise Agreement") is entered into as of this 1st day of July, 1991, by and between the CITY OF MOORPARK ("City") and YOUR COMPANY, ("Grantee"), for the collection, transportation, recycling and disposal of solid waste. R E C I T A L S 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 WHEREAS, pursuant to California Public Resources Code Section 40059(a)(1), the City Council of the City of Moorpark ("City Council") has determined that the public health, safety and well-being require that a non-exclusive franchise be awarded to a qualified solid waste enterprise for solid waste collection, recycling and disposal in commercial areas in the City; and WHEREAS, the City Council declares its intention of maintaining reasonable rates for collection and disposal of solid waste within City limits; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: SECTION 1. GRANT OF COMMERCIAL NON-EXCLUSIVE FRANCHISE. This Franchise Agreement grants a commercial non- exclusive solid waste franchise as defined in Section 2 below to Your Company, pursuant to Title 6, Chapter 10 of the Moorpark Municipal Code ("Title 6, Chapter 1011) and California Public Resources Code Section 40059(a)(1) to arrange for the on -going collection of and to collect solid waste in commercial areas within the City of Moorpark. No parent company, subsidiary company, or affiliate company of Your Company, shall receive a commercial franchise for the ongoing collection, transportation, and disposal of solid waste. WPX/PDT/AGR22235 SECTION 2. DEFINITIONS. Whenever any term used in this Franchise Agreement has been defined by Title 6, Chapter 10, or by Division 30, Part 1, Chapter 2 of the California Public Resources Code, the definitions in Title 6, Chapter 10 or Public Resources Code shall apply unless the term is defined in this Franchise Agreement. A. Act. "Act" shall mean the California Integrated Waste Management Act of 1989, as it may be amended from time to time. B. Bulky Waste. "Bulky Waste" shall mean and include, but not by way of limitation, discarded white goods (i.e., major household appliances), furniture, tires, carpets, mattresses and similar large items which cannot be placed in a covered container. C. City Limits. "City Limits" means the boundaries of the City together with all amendments and changes thereto, which boundaries are shown by maps incorporated herein by reference and which are on file in the office of the Clerk of the City Council. D. Franchise Fee. "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 of general applicability (including any such tax, fee, or assessment imposed on both businesses and Grantee or their services but not including a tax, fee, or assessment which is unduly discriminatory against Grantee or its customers); or (2) Requirements, reimbursements, charges or fees incident to the awarding, administering, enforcing, transfer or renewal of this Franchise Agreement, including payments of bonds, consultants, administrative expenses, attorney's fees, security funds, letters of credit, insurance, indemnification, penalties, or liquidated damages. E. Grantee. "Grantee" means Your Company, the entity granted the Franchise pursuant to this Franchise Agreement. F. Gross Revenues. "Gross Revenues" shall mean any and all revenue or compensation in any form derived by the Grantee, its affiliates, subsidiaries, parents and any person -2- WPX/PDT/AGR22235 or entity in which the Grantee has a financial interest, from the collection of Solid Waste pursuant to this Franchise 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 commercial customers, 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 commercial customer bad debts incurred by the Grantee or refunds returned to commercial customers, provided that the revenue with respect thereto has been included in the computation of gross revenues. G. Recyclables. "Recyclables" means those materials to be collected by the Grantee under a program to be determined at a later date and shall include, but not be limited to newspapers, glass, aluminum and bi-metal cans, cardboard and plastic. H. Recycling. "Recycling" means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become Solid Waste, and returning them to the economic mainstream in the form of products which meet the quality standards necessary to be used in the marketplace. I. Commercial Solid Waste Franchise. "Commercial Solid Waste Franchise" or "Franchise" shall mean the non- exclusive right and privilege: (1) to arrange for the collection of and to collect, and (2) to transport to landfill or other licensed disposal facilities as determined by City, and (3) to recycle from collected Solid Waste and Recyclables all Solid Waste kept, generated and/or accumulated by commercial customers within the City. This Franchise is subject to all of the provisions of Title 6, Chapter 10, this Franchise Agreement, and to any rights held by any other solid waste enterprise holding rights pursuant to Public Resources Code Section 49520. No more than four (4) non-exclusive commercial solid waste franchises may be permitted at any time. No commercial collector, including a parent company or subsidiary company, shall be granted more than one non- exclusive commercial franchise. J. Solid Waste. "Solid Waste" shall include all putrescible and non-putrescible waste, including, but not limited to, animal feces, food waste, waste paper, newspaper, glass, aluminum, plastic, garbage, cardboard, rags, refuse, household ashes, lawn clippings, tree and shrubbery trimmings, leaves, wearing apparel, household goods, wooden containers, -3- WPX/PDT/AGR22235 dead animals and all worthless, useless, unused, rejected, or cast-off solid or semi -solid matter and commercial and construction waste, such as cement and asphalt, excluding hazardous materials as defined in Title 6, Chapter 10. SECTION 3. ACCEPTANCE; WAIVER. Grantee agrees to be bound by and comply with all the requirements of Title 6, Chapter 10 and this Franchise Agreement. Grantee waives Grantee's right to challenge the terms of this Franchise Agreement and Title 6, Chapter 10 under federal, state or local law, or administrative regula- tion, as such laws and regulations exist as of the date of execution of this Franchise Agreement. Grantee waives any right or claim to serve the City or any part of the City under any prior grant of franchise, contract, license or permit issued or granted by any governmental entity including any right under Section 49520 of the Public Resources Code. SECTION 4. SERVICES PROVIDED BY GRANTEE. A. General. Grantee shall provide Solid Waste collection, transportation and marketing services within the City in accordance with the terms of this Franchise Agreement and Title 6, Chapter 10. B. Commercial. Not less than once each week Grantee shall collect the Solid Waste and Recyclables (except Bulky Wastes) which have been placed, kept or accumulated in bins at commercial sites within the City. C. Recycling. 1. Not later than one hundred eighty (180) days after the execution of this Franchise Agreement, Grantee will institute a recycling system at all multi -family locations covered by this franchise subject to City's approval. 2. No sooner than one hundred eighty (180) days but no later than three hundred sixty-five (365) days after the execution of this Franchise Agreement, Grantee will institute a recycling system at all other locations covered by this franchise subject to City's approval. 3. When recycling is implemented, Grantee agrees that it will use its best efforts to cause at least twenty-five percent (25%) of the waste stream collected under this Franchise Agreement to be diverted from ultimate deposit in landfills or transformation facilities by June 30, 1994. Such diversion shall be in accordance with the regulations -4- WPX/PDT/AGR22235 implementing the Act. As long as City determines a market for Recyclables exists, Grantee warrants that no Recyclables collected pursuant to this Franchise Agreement shall be disposed of in a landfill. If this franchise remains in effect until January 1, 2000, Grantee agrees that it will use its best efforts to cause at least fifty percent (50%) of the waste stream collected under this Franchise Agreement to be diverted from ultimate deposit in landfills or transformation facilities by January 1, 2000 as required by the Act, as amended. 3. City and Grantee shall mutually determine materials to be collected and method of payment for recycling program. 4. Grantee will provide City with written reports in a form adequate to meet City's reporting requirements to the California Integrated Waste Management Board, and to the County of Ventura throughout the term of this Franchise Agreement wherein its performance under this program is set forth in detail. D. Hours of Collection. Grantee shall collect Solid Waste within City in accordance with Title 6, Chapter 10, as it may be amended from time to time. E. Disposal Site. City shall approve where Solid Waste generated within City shall be transported for disposal. Grantee shall not dispose of Solid Waste at any disposal site owned or controlled by Grantee or its parent or holding company unless expressly authorized by City. SECTION 5. FRANCHISE FEES. A Franchise Fee of ten percent (10%) of Grantee's Gross Revenues shall be payable by Grantee to City 30 days after the close of each quarter of Grantee's fiscal year, beginning from the date of execution of this Franchise Agreement. Franchise Fees not received by City within thirty (30) days after the close of each quarter shall be subject to interest. The interest rate shall be two percent (2%) 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. Interest shall be calculated from the thirty-first (31st) day after the close of each quarter on the basis of a three hundred sixty-five (365) day year and the actual number of days that the Franchise Fees are outstanding. -5- WPX/PDT/AGR22235 SECTION 6. CASH BOND. Contemporaneously with the Franchise Agreement, Grantee shall deposit a cash bond in the sum of Ten Thousand Dollars ($10,000.00) in an interest bearing account. In the alternative, Grantee may provide City with an irrevocable letter of credit from a bank approved by City. The cash bond or irrevocable letter of credit shall be on terms acceptable to the City Attorney. The cash bond or irrevocable letter of credit shall serve as security for the faithful performance by Grantee of all the provisions and obligations of this Franchise Agreement. After thirty (30) calendar days following Grantee's failure to pay the City an amount owing under this Franchise Agreement, the cash bond or irrevocable letter of credit may be assessed by the City upon five (5) days prior written notice to the Grantee for purposes including, but not limited to: (a) Failure of Grantee to pay the City sums due under the terms of the Franchise Agreement. (b) Reimbursement of out-of-pocket costs borne by the City to correct Franchise Agreement violations not corrected by Grantee, after due notice. (c) Monetary remedies or damages assessed against Grantee due to breach of the Franchise Agreement. Grantee shall deposit a sum of money sufficient to restore the cash bond to the original amount or, as the case may be, provide a new irrevocable letter of credit, within thirty (30) days after notice from the City that any amount has been withdrawn from the cash bond or irrevocable letter of credit. SECTION 7. TERM. The term of this Franchise Agreement shall be for three (3) years, commencing on July 1, 1991, and expiring on June 30, 1994. SECTION 8. FRANCHISE TRANSFERABLE; CITY CONSENT REOUIRED; TERMINATION BY GRANTEE. A. The Franchise granted by this Franchise Agreement shall not be transferred, sold, hypothecated, sublet or assigned, nor shall any of the rights or privileges herein be hypothecated, leased, assigned, sold or transferred, either WPX/PDT/AGR22235 in whole or in part, nor shall title thereto, either legal or equitable, or any right, interest or property therein, pass to or vest in any person, except the Grantee, either by act of the Grantee or by operation of law, without the prior written consent of the City expressed by City Council resolution. Any attempt by Grantee to assign this Franchise without the consent of City shall be void. B. If the Grantee attempts to transfer the Franchise prior to obtaining City consent, all of the profits or twenty-five percent (25%) of the Gross Revenues, from the date of attempted transfer until the date of City consent, whichever is greater, shall be returned to customers, on a pro rata basis. C. The City shall not unreasonably withhold its consent to a transfer of the Franchise granted by this Franchise Agreement. The City may impose conditions of approval on a Franchise Agreement transfer, including, but not limited to conditions requiring acceptance of amendments to Title 6, Chapter 10 and this Franchise Agreement, and the payment to City of a transfer fee pursuant to Section 9A of this Franchise Agreement. D. City consent is required for any change in control of Grantee. Change in control shall mean any sale, transfer or acquisition of (1) more than thirty percent (30%) of Grantee's assets; or (2) more than ten percent (10%) of Grantee's voting stock by a person, or group of persons acting in concert, who already owns more than 5 % of the voting stock. E. Any change in control of the Grantee occurring without prior City approval shall constitute a material breach of this Franchise Agreement. F. Neither this section nor Section 9, below, shall apply to a transfer of ownership of Grantee to another wholly - owned subsidiary or affiliate of Your Company. G. Grantee may terminate this Franchise Agreement only upon one hundred eighty (180) days written notice to City. SECTION 9. 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 transfer fee in an amount to be set by City by resolution of the City Council, to cover the cost of all direct and indirect administrative expenses -7- WPX/PDT/AGR22235 including consultant's and attorney's fees necessary to adequately analyze the application and to reimburse City for all direct and indirect expenses. In addition, the Grantee shall reimburse the City for all costs not covered by the transfer fee. Bills shall be supported with evidence of the expense or cost incurred. The applicant shall pay such bills within thirty (30) days of receipt. B. These franchise transfer fees are over and above any Franchise Fees specified in this Franchise Agreement and shall not be passed on to commercial customers. SECTION 10. IMPOSITION OF DAMAGES OR TERMINATION. A. If the City Manager determines that the Grantee's performance pursuant to this Franchise Agreement has not been in conformity with reasonable industry standards in similar cities in Southern California, the provisions of this Franchise Agreement, the requirements of Title 6, Chapter 10, the requirements of the California Integrated Waste Management Board, including, but not limited to, requirements for source reduction and recycling (as to the waste stream subject to this Franchise Agreement) or any other applicable federal, state or local law or regulation, including, but not limited to, the laws governing transfer, storage or disposal of hazardous waste, the City Manager may advise Grantee in writing of such deficiencies. The City Manager may, in such written instrument, set a reasonable time within which correction of all such deficiencies is to be made. Unless otherwise specified, a reasonable time for correction shall be thirty (30) days from the receipt by the Grantee of such written notice. The City Manager shall review the Grantee's response and refer the matter to the City Council or decide the matter and notify the Grantee of that decision in writing. If the City Manager refers Grantee's response to the City Council, said response shall be considered by the City Council not later than sixty (60) days from receipt of City Manager's written referral. A decision or order of the City Manager shall be final and binding on Grantee if the Grantee fails to file a "Notice of Appeal" with the City Manager within ten (10) working days of receipt of the City Manager's decision. Within ten working days of receipt of a Notice of Appeal, the City Manager shall refer the appeal to the City Council for proceedings in accordance with Section 1OB-C. B. The City Council, in such case, may set the matter for hearing. 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. At the hearing, the City Council shall consider the report of the City Manager WPX/PDT/AGR22235 indicating the deficiencies, and shall give the Grantee, or its representatives and any other interested person, a reasonable opportunity to be heard. C. Based on the evidence presented at the public hearing, the City Council shall determine by resolution whether or not the Franchise Agreement should be terminated or liquidated damages imposed. If, based upon the record, the City Council determines that the performance of Grantee is in breach of any material term of this Franchise Agreement or any material provision of any applicable federal, state or local statute or regulation and has not been corrected within thirty (30) days of receipt of any notice of deficiency, the City Council, in the exercise of its sole discretion, may terminate forthwith, the Franchise Agreement or impose liquidated damages, as defined below. The decision of the City Council shall be final and conclusive. Grantee's performance under this Franchise Agreement not excused during the period of time prior to the City Council's final determination as to whether such performance is deficient. D. This right of termination or to impose liqui- dated damages is in addition to any other rights of City upon a failure of Grantee to perform its obligations under this Franchise Agreement. E. Irrespective of Section 10A-D above, City further reserves the right to terminate Grantee's Franchise or impose liquidated damages in the event of any of the following: (1) If the Grantee practices, or attempts to practice, any fraud or deceit upon the City. (2) If the Grantee becomes insolvent, unable or unwilling to pay its debts, or upon listing of an order for relief in favor of Grantee in a bankruptcy proceeding. (3) If the Grantee fails to provide or maintain in full force and effect, the workers compensation, liability and indemnification coverages or cash bond as required by the Franchise Agreement. (4) If the Grantee willfully violates any orders or rulings of any regulatory body having jurisdiction over the Grantee relative to this Franchise 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 the Franchise Agreement shall be deemed to have occurred. CM WPX/PDT/AGR22235 (5) If the Grantee ceases to provide Solid Waste collection service as required under this Franchise Agreement over all or a substantial portion of its Franchise Area for a period of seven (7) days or more, for any reason within the control of the Grantee. (6) If the Grantee willfully fails to make any payments required under the Franchise Agreement and/or refuses to provide City with required information, reports and/or test results in a timely manner as provided in the Franchise Agreement. (7) Any other act or omission by the Grantee which materially violates the terms, conditions or require- ments of the Franchise Agreement, Title 6, Chapter 10, the Act, as it may be amended from time to time, or any order, directive, rule or regulation issued thereunder and which is not corrected or remedied within the time set in the written notice of the violation or, if the Grantee cannot reasonably correct or remedy the breach within the time set forth in such notice, if the 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. F. Liquidated Damages. (1) The City finds, and the Grantee agrees, that as of the time of the execution of this Franchise Agreement, it is impractical, if not impossible to reasonably ascertain the extent of damages which will be incurred by the City as a result of a material breach by Grantee of its obligations under this Franchise Agreement. The factors relating to the impracticability of ascertaining damages include, but are not limited to, the fact that: (i) sub- stantial damage results to members of the public who are denied services or denied quality or reliable service; (ii) such breaches cause inconvenience, anxiety, frustration and deprivation of the benefits of the Franchise Agreement to individual members of the general public for whose benefit this Franchise Agreement exists, in subjective ways and in varying degrees of intensity which are incapable of measure- ment in precise monetary terms; (iii) that services might be available at substantially lower costs than alternative services, and the monetary loss resulting from denial of services or denial of quality or reliable services is impossible to calculate in precise monetary terms; and (iv) the termination of this Franchise Agreement for such breaches, and other remedies are, at best, a means of future correction and not remedies which make the public whole for past breaches. -10- WPX/PDT/AGR22235 (2) Accordingly, the City Council may, in its discretion, assess liquidated damages not to exceed the sum of Seven Hundred and Fifty Dollars ($750.00) per day, for each calendar day that service is not provided by Grantee in accordance with this Franchise Agreement. The amount of the liquidated damages shall be increased by the past year's consumer price index for the Ventura -Oxnard area on the anniversary of this Franchise Agreement. In addition, the Council may order the assessment against the cash bond required by Section 6, above, the termination of the Franchise Agreement, or both. ( 3 ) The City finds and the 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 of delay during which Grantee has been found by the City Council to be in material default pursuant to this Section. The 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, the City may withdraw them from the security fund established by the cash bond required by Section 6, above, order the termination of the Franchise granted by this Franchise Agreement, or both. SECTION 11. CITY'S ADDITIONAL REMEDIES. In addition to the remedies set forth in Section 10, above, City shall have the following rights: A. To rent or lease equipment from Grantee for the purpose of collecting, transporting and disposing of Solid Waste which Grantee is obligated to collect, transport and dispose of pursuant to this Franchise Agreement, for a period not to exceed six (6) months. In the case of equipment not owned by Grantee, Grantee shall assign to City, to the extent Grantee is permitted to do so under the instruments pursuant to which Grantee possesses such equipment, the right to possess the equipment. Consistent with this provision, Grantee agrees to use its best efforts to obtain, in the instruments or agreements pursuant to which Grantee possesses such equipment, provisions which authorize City to possess such equipment in the event City exercises its rights under this section. If City exercises its rights under this Section 11, City shall pay the reasonable rental value of the equipment so taken for the period of City's possession thereof; -11- WPX/PDT/AGR22235 B. The right to contract with others to perform the services otherwise to be performed by Grantee hereunder, or to perform such services itself; and C. The right to obtain damages and/or injunctive relief. Both parties recognize and agree that in the event of a breach under the terms of this Franchise Agreement by Grantee, City may suffer irreparable injury and incalculable damages sufficient to support injunctive relief, to enforce the provisions of this Franchise Agreement and to enjoin the breach thereof. SECTION 12. RIGHTS OF CITY TO PERFORM 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 23A, "Force Maleure," below, refuse or be unable to collect, transport and dispose of any or all of the Solid Waste and Recyclables which it is obligated under this Franchise Agreement to collect, transport and dispose of for a period of more than seventy-two (72) hours, and if as a result thereof, Solid Waste and Recyclables should accumulate in City to such an extent, in such a manner, or for such a time that the City Manager in the exercise of his sole discretion should find that such accumulation endangers or menaces the public health, safety or welfare, then in such event City shall have the right, upon twenty-four (24) hour prior written notice to Grantee, during the period of such emergency, to temporarily take possession of any or all equipment and facilities of Grantee previously used in the collection, transportation and disposal of Solid Waste and Recyclables under this Franchise Agreement, and to use such equipment and facilities to collect and transport any or all Solid Waste and Recyclables which Grantee would otherwise be obligated to collect and transport pursuant to this Franchise Agreement. Grantee agrees that in such event it will fully cooperate with City to effect such a transfer of possession for City's use. B. Grantee agrees that, in such event, City may take temporary possession of and use all of said equipment and facilities without paying Grantee any rental or other charge, provided that City agrees that, in such event, it assumes complete responsibility for the proper and normal use of such equipment and facilities. City agrees that it shall immediately relinquish possession of all of the above -mentioned property to Grantee upon receipt of written notice from Grantee to the effect that it is able to resume its normal responsibilities under this Franchise Agreement. -12- WPX/PDT/AGR22235 SECTION 13. PRIVACY. A. Grantee shall strictly observe and protect the rights of privacy of commercial customers. Information identifying individual customers, or the composition or contents of a commercial customer's Solid Waste or Recyclables shall not be revealed to any person, governmental unit, private agency or company, unless upon the authority of a court of law, by statute, or upon valid authorization of the customer. This provision shall not be construed to preclude Grantee from preparing, participating in, or assisting in the preparation of waste characterization studies or waste stream analyses which may be required by the Act. B. Grantee shall not market or distribute outside the normal course of its business, mailing lists with the names and addresses of commercial customers. C. The rights accorded commercial customers pursuant to this section shall be in addition to any other privacy right accorded commercial customers pursuant to federal or state law. SECTION 14. REPORTS AND ADVERSE INFORMATION. A. Quarterly Reports. 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: (1) A summary of the previous quarter's ( or, in the case of the initial reporting quarter, the initial quarter's) activities including, but not limited to, services begun or discontinued during the reporting quarter, and the number of customers for each class of service; (2) A list of all new or closed accounts, uncollectable accounts, bad debt write-offs and delinquent accounts; (3) A revenue statement, setting forth monthly Franchise Fees, and the basis for the calculation thereof, certified by an officer of the Grantee; (4) A list of Grantee's officers and members of its board of directors, but after the initial report only additions and deletions to the list are required to be reported; -13- WPX/PDT/AGR22235 (5) A list of stockholders or other equity investors holding five percent (50) or more of the voting interest in the Grantee and any subsidiaries unless Grantee is a public corporation whose annual reports are publicly available, but after the initial report only additions and deletions to the list are required to be reported; (6) A copy of all landfill gate receipts and invoices for Solid Waste disposal pursuant to this Franchise Agreement; (7) A list of Grantee's current fleet, including age, make and model of each cab and chassis; (8) Items not listed in (1) through (7) above may be requested by City upon thirty (30) days written notice to Grantee for inclusion in any subsequent quarterly report. B. Adverse Information. Grantee shall provide City with copies of all reports, or other material adversely affecting the Franchise Agreement, received from or submitted to the EPA, the California Integrated Waste Management Board, the Ventura County Environmental Health Department, the Ventura County Solid Waste Management Department, or any other federal, state, county or local agency. Copies shall be submitted to City simultaneously with Grantee's receipt or filing of such matters with said agencies. Grantee's routine correspondence to and from said agencies need not be automat- ically submitted to City, but shall be made available to City upon written request, as provided in Section 22, below. (1) Grantee shall submit to City copies of all pleadings, applications, notifications, communications and documents of any kind, submitted by the Grantee to, as well as copies of all decisions, correspondence and actions by, any Federal, State and local courts, regulatory agencies and other government bodies relating specifically to Grantee's performance of services pursuant to this Franchise Agreement. Any data which Grantee seeks to exempt from the provisions of the California Public Records Act shall be clearly identified as such by Grantee, with the basis for such exemption clearly specified. In the event City receives a request for disclosure of the information, City shall notify Grantee, in order to permit Grantee to bring an action to enjoin disclosure of the information. ( 2 ) 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. -14- WPX/PDT/AGR22235 (3) All reports and records required under this or any other section shall be furnished at the sole expense of the Grantee. (4) 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 (30) days after receipt by Grantee of City's request for same. C. AB 939 Reports. Grantee shall provide City, in a form satisfactory to City, information sufficient to enable City to prepare and submit in a timely manner, the Initial Solid Waste Generation Study, including identification of solid waste sources, categories and types, subsequent Solid Waste Generation Studies and Annual Reports on solid waste generation. D. Failure to Report. The refusal, failure, or neglect of the Grantee to file any of the reports required, or the inclusion of any materially false or misleading statement or representation made knowingly by the Grantee in such report shall be deemed a material breach of the Franchise Agreement, and shall subject the Grantee to all remedies, legal or equitable, which are available to the City under the Franchise Agreement or otherwise. SECTION 15. REVIEW OF PERFORMANCE AND QUALITY OF SERVICE. A. Annual Review. At City's sole option, within ninety (90) days of the first anniversary of the effective date of this Franchise Agreement, and each year thereafter throughout the term of the Franchise Agreement, City may hold a public meeting at which the Grantee shall be present and shall participate, to review the Grantee's performance and quality of service. The reports required by this Franchise Agreement regarding customer complaints shall be utilized as the basis for review. In addition, any customer may submit comments or complaints during the review meetings, either orally or in writing, and these shall be considered. Within thirty (30) days after the conclusion of the public meeting, City shall issue a report with respect to the adequacy of performance and quality of service. If any noncompliance with the Franchise is found, City may direct Grantee to correct the inadequacies in accordance with Section 11 above. SECTION 16. SYSTEM AND SERVICES REVIEW. -15- WPX/PDT/AGR22235 To provide for technological, economic, and regula- tory changes in Solid Waste collection and recycling, to facilitate renewal procedures, to promote competition in the refuse and recycling industry, 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 public meeting, on or about the second anniversary date of the Franchise Agreement at which the Grantee shall be present and shall participate, to review the Solid Waste collection and recycling system and services. Subsequent system and services review meetings may be scheduled by City each two (2) years thereafter. It is City's intent to conduct any system and services review concurrently with any annual review of performance and quality of service as provided for in Section 15, above. City shall provide ten (10) days written notice of such hearing. B. Sixty (60) days after receiving notice from the City, Grantee shall submit a report to City indicating the following: (1) All refuse collection and recycling services reported in significant refuse collection and recycling industry trade journals that are being commonly provided on an operational basis, excluding tests and demonstrations, to communities in the United States with compar- able populations, that are not provided to City; and (2) Changes recommended to improve the City's ability to meet the goals of the Act. (3) Any specific plans for provision of such new services by the Grantee, or a justification indicating why Grantee believes that such services are not feasible for the Franchise Area. C. Topics for discussion and review at the system and services review hearing shall include, but shall not be limited to, services provided, feasibility of providing new services, application of new technologies, customer complaints, rights of privacy, amendments to the Franchise Agreement, developments in the law, new initiatives for meeting or exceeding the Act's goals and regulatory constraints. -16- WPX/PDT/AGR22235 D. City and the Grantee may each select additional topics for discussion at any systems and services review hearing. E. 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 refuse collection and recycling services not then being provided to City that are considered technically and econom- ically feasible by City. City may require Grantee to provide such services within a reasonable time at a mutually agreed - upon price. SECTION 17. COMPENSATION. A. Grantee Rates. Grantee shall provide all services described in this Franchise Agreement in accordance with the rates fixed by City as described below and as set forth in the "Schedule of Rates," which is attached as Exhibit "A". B. Modification and Adjustment of Rates. The rates set forth on Exhibit "A" shall remain in effect for the term of this agreement. C. Notice of Rate Increases. Grantee shall provide commercial customers at least thirty (30) days written notice on modification or adjustment of rates. Grantee shall submit for City's approval the form of such notice prior to mailing. D. Billing and Payment. (1) Grantee may bill all commercial customers for all services. Grantee shall provide itemized bills, distinctly showing charges for all classifications of services, including the charges for late payment. The Grantee shall not designate that portion of a customer's bill attributable to the Franchise Fee as a separate item on customers' bills. Billings may be made up to three (3) months in advance for all commercial customers, provided that a return envelope is included when the billing period exceeds two (2) months. (2) City may, at City's sole option, elect to bill commercial for Solid Waste collection. If City elects to -17- WPX/PDT/AGR22235 do so, the portion of the Solid Waste collection rates paid to Grantee which is attributable to billing for services shall be assigned to City. E. Delinquent Accounts. Grantee may discontinue service as set forth in this section. Persons who have not remitted required payments within 30 days after the date of billing shall be notified on forms approved by City. Said forms shall contain a statement that services may be discon- tinued 15 days from the date of notice if payment is not made before that time. A penalty not to exceed two percent ( 2 % ) of the total balance due may be charged to delinquent accounts per month. Such late charge may not be assessed prior to the mailing of any notice of discontinuance. Upon payment of the delinquent fees and any late charge owed, Grantee shall resume collection on the next regularly scheduled collection day. F. Refunds. Grantee shall refund to each customer, on a pro rata basis, any advance service payments made by such customer for service not provided when service is discontinued by the customer. SECTION 18. COLLECTION EQUIPMENT. Grantee shall provide an adequate number of vehicles and equipment for the collection and disposal, recycling and transportation services for which it is responsible under this Franchise Agreement. All vehicles used by Grantee under this Franchise Agreement shall be registered with the Department of Motor Vehicles of the State of California, shall have all required state and local permits, shall be kept clean and in good repair and shall be uniformly painted. Solid waste collection and recycling vehicles shall be washed at least once every seven (7) calendar days. Grantee's name, telephone number and vehicle number shall be visibly displayed on its vehicles in letters and figures not less than five inches ( 5" ) high. The equipment of Grantee used under this Franchise Agreement shall be subject to inspection by City on a semi- annual basis but shall not be subject to any permit fees therefor. SECTION 19. PUBLIC ACCESS TO GRANTEE. A. Office Hours. Grantee's office hours shall be, at a minimum, from 8:00 a.m. to 4:00 p.m. daily, on all collection days. A representative of Grantee shall be available during office hours for communication with the public at Grantee's principal office. Grantee shall use its best efforts to employ representatives fluent in the languages of both customers seeking assistance and employees who may be WPX/PDT/AGR22235 the subject of any communication. This requirement is for no other purpose than to encourage prompt and satisfactory resolution of communications between Grantee and the public. Grantee shall also maintain a local telephone number for use during normal business hours. Grantee shall have a representative or answering service available at said local telephone number during all hours other than normal office hours. City reserves the right to have City employees on site at Grantee's principal office during normal business hours to monitor Grantee's communication with the public. B. Service Complaints. (1) All customer complaints shall be directed to Grantee. Grantee shall record all complaints received by mail, by telephone or in person ( including date, name, address of complainant and nature of complaint). Grantee agrees to use its best efforts to resolve all complaints by close of business of the second business (Solid Waste collection) day following the date on which such complaint is received. Service complaints may be investigated by the City Manager or the City Manager's designated representative. Unless a settlement satisfactory to complainant, Grantee and City Manager's designee is reached, the complainant may refer the matter to City Manager for review. (2) Grantee will maintain records listing the date of consumer complaints, the customer, the nature of the complaint or request, and when and what action was taken by the Grantee to resolve the complaint. All such records shall be maintained for a period of three (3) years and shall be available for inspection by City. Grantee shall prepare quarterly summaries of consumer complaints. The summaries shall be available and delivered quarterly to the City Manager or City Manager's designated representative. C. Government Liaison Person. Grantee shall designate a "government liaison person" who shall be respon- sible for working with the City Manager or the City Manager's designated representative to resolve consumer complaints. SECTION 20. RESOLUTION OF DISPUTED CUSTOMER COMPLAINTS. A. Grantee shall notify customers of this complaint arbitration procedure at the time customers apply for service, and subsequently, annually. B. Any customer dissatisfied with Grantee's decision regarding a complaint may ask City review the -19- WPX/PDT/AGR22235 complaint. To obtain this review, customer must request City review within thirty (30) days of receipt of Grantee's response to the complaint, or within forty-five (45) days of submitting the complaint to Grantee, if Grantee has failed to respond to the complaint. City may extend the time to request its review for good cause. C. Before reviewing the complaint, the City Manager shall refer it to Grantee. If Grantee fails to cure the complaint within ten (10) days, the City Manager shall review the customer's complaint and determine if further action is warranted. City Manager may request written statements from Grantee and customer, and/or oral presentations. D. City Manager shall determine if the customer's complaint is justified, and if so, what remedy, if any, shall be imposed. The remedy under this Section shall be limited to a rebate of customer charges related to the period of breach of any of the terms of this Franchise Agreement or a penalty of up to $100 for any single event or series of related events, or any actual damages. E. City Manager may delegate his duties to a designated representative. The decision of City Manager or his designee shall be final on any matter under Two Thousand Five Hundred Dollars ($2,500.00). In the event of a decision on a matter awarding two thousand f ive hundred dollars or more ($2,500), Grantee may seek review pursuant to administrative hearing procedures as established by City Council resolution. SECTION 21. INDEMNIFICATION AND INSURANCE. A. Indemnification of City. Grantee agrees that it shall protect, defend with counsel approved by City, which approval shall not be unreasonably withheld, indemnify and hold harmless City, its officers, employees and agents from and against any and all losses, liabilities, fines, penalties, claims, damages, liabilities or judgments, including attorney's fees, arising out of or resulting in any way from: (i) Grantee's exercise of the Franchise, unless such claim is due to the sole negligence or willful acts of the City, its officers, employees, agents or contractors; or (ii) the City's grant of this Franchise to Grantee. Subject to the scope of this indemnification and upon demand of the City, made by and through the City Attorney, the Grantee shall appear in and defend the City and its officers, employees and agents in any claims or actions, whether judicial, administrative or otherwise arising out of the exercise of the Franchise Agreement. -20- WPX/PDT/AGR22235 B. Indemnification of Grantee. City shall indemnify, defend with counsel approved by Grantee, which approval shall not be unreasonably withheld, and hold the Grantee, its affiliates and their respective officers, directors, employees and shareholders harmless from and against any and all liabilities, losses, damages, claims, actions, causes of action, costs and expenses (including reasonable attorney's fees) arising from or resulting in any way from Grantee's exercise of the Franchise, but only if due to the sole negligence or willful acts of City, its officers, employees, agents or contractors. C. Workers' Compensation Insurance. Grantee shall obtain and maintain in full force and effect throughout the entire term of this Franchise Agreement full workers compensation insurance in accord with the provisions and requirements of the Labor Code of the State of California. Endorsements that implement the required coverage shall be filed and maintained with the City Clerk throughout the term of this Franchise Agreement. The policy providing coverage shall be amended to provide that the insurance shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail return receipt requested has been given to City. The policy shall also be amended to waive all rights of subrogation against the City, its elected or appointed officials, employees, agents or Grantees for losses which arise from work performed by the named insured for the City. D. Public Liability Insurance. Grantee shall obtain and maintain in full force and effect throughout the entire term of this Franchise Agreement a Broad Form Compre- hensive General Liability (occurrence) policy with a minimum limit of TWO MILLION DOLLARS ($2,000,000.00) aggregate and ONE MILLION DOLLARS ($1,000,000.00) per occurrence for bodily injury and property damage, with any self -insured retention not exceeding $200,000.00 per occurrence. The continuous availability of the self -insured retention shall be demonstrated to the satisfaction of City Manager. Said insurance shall protect Grantee and City from any claim for damages for bodily injury, including accidental death, as well as from any claim for property damage which may arise from operations performed pursuant to this Franchise Agreement, whether such operations be by Grantee itself, or by its agents, employees and/or subgrantees. Copies of the policies or endorsements evidencing the above required insurance coverage shall be filed with the City Clerk. All of the following endorsements are required to be made a part of the insurance policies required by this Section: -21- WPX/PDT/AGR22235 (1) "The City, its employees, agents, Grantees and officers, are hereby added as insureds as respects liability arising out of activities performed by or on behalf of Grantee." (2) "This policy shall be considered primary insurance as respects any other valid and collectible insurance the City may possess including any self -insured retention the City may have, and any other insurance the City does possess shall be considered excess insurance and shall not contribute with it." (3) "This insurance shall act for each insured, as though a separate policy had been written for each. This, however, will not act to increase the limit of liability of the insuring company." (4) "Thirty (30) days prior written notice by certified mail, return receipt requested, shall be given to the City in the event of suspension, cancellation, reduction in coverage or in limits or non -renewal of this policy for whatever reason. Such notice shall be sent to the City Clerk." The limits of such insurance coverage, and companies, shall be subject to review and approval by the City Manager every year and may be increased at that time and match the coverage provided by the City's own liability insurance policy. Grantee shall increase the limits of such insurance coverage not later than ten (10) days after receipt of City's written notice to do so. The City shall be included as a named insured on each of the policies, or policy endorsements. E. 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, including the fact that the parent of Grantee may be self -insured up to a certain acceptable amount. F. Insurance Coverage. Contemporaneously with the execution of this Franchise Agreement, Grantee shall deposit copies of insurance policies or endorsements evidencing the existence of policies of insurance required pursuant to this Franchise Agreement. -22- WPX/PDT/AGR22235 SECTION 22. GRANTEE'S BOORS 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, and customer complaints, for the full term of this Franchise Agreement, and an additional period of not less than three (3) years, or any longer period required by law. The 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 the Grantee which reasonably relate to Grantee's compliance with the provisions of the Franchise Agreement. Such records shall be made available to City at Grantee's regular place of business, but in no event outside the County of Ventura. B. Grantee shall maintain a method of accounting to the satisfaction of City which correctly reflects the Gross Revenues and disbursements of Grantee in connection with this Franchise Agreement. The method of accounting shall be separate from the accounting system used for any other business operated by Grantee or for Grantee's personal financial affairs. C. Should any examination or audit of Grantee's records reveal an underpayment of any fee required under this Franchise Agreement, the amount of such underpayment shall become due and payable to City not later than fifteen (15) days after written notice of such underpayment is sent to Grantee by City. Should an underpayment of more than three percent (3%) be discovered, Grantee shall bear the entire cost of the audit. SECTION 23. GENERAL PROVISIONS. A. Force Majeure. Grantee shall not be in default under this Franchise Agreement in the event that the collection, transportation or disposal services of Grantee are temporarily interrupted or discontinued for any of the following reasons: riots, wars, sabotage, civil disturbances, insurrections, explosion, natural disasters such as floods, earthquakes, landslides and fires, strikes, lockouts and other labor disturbances or other catastrophic events which are beyond the reasonable control of Grantee. Other catastrophic events does not include the financial inability of the Grantee to perform or failure of the Grantee to obtain any necessary permits or licenses from other governmental agencies or the -23- WPX/PDT/AGR22235 right to use the facilities of any public utility where such failure is due solely to the acts or omissions of the Grantee. In the event a labor disturbance interrupts collection, transportation or disposal of Solid Waste by Grantee as required under this Franchise Agreement, City may elect to exercise its rights under Section 13 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, Grantees and subgrantees, if any. Nothing in this Franchise Agreement shall be construed as creating a partnership or joint venture between City and Grantee. Neither Grantee nor its officers, employees, agents or subgrantees 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 Franchise Agreement. D. Right of Entry. Grantee shall have the right, until receipt of written notice revoking permission to pass is delivered to Grantee, to enter or drive on any private street, court, place, easement or other private property for the purpose of collecting or transporting Solid Waste pursuant to this Franchise Agreement. E. Law to Govern; Venue. The law of the State of California shall govern this Franchise Agreement. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Ventura. In the event of litigation in U.S. District Court, exclusive venue shall lie in the Central District of California. F. Fees and Gratuities. on an annual basis, in writing, Grantee shall instruct its agents, employees, and subgrantees 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 Franchise Agreement is prohibited. Grantee shall annually require each agent, employee, and subgrantee affected by this Franchise Agreement to sign an acknowledgment of this policy. G. Prior Agreements and Amendment. This Franchise Agreement is intended to carry out City's obligations to -24- WPX/PDT/AGR22235 comply with the provisions of the Act, as it from time to time may be amended, and as implemented by regulations of the California Integrated Waste Management Board ("Regulations"), as they from time to time may be amended. In the event the Act or other state or federal laws or regulations enacted after this Franchise Agreement has been enacted prevent or preclude compliance with one or more provisions of this Franchise Agreement, such provisions of the Franchise 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 Franchise Agreement shall be valid unless in writing duly executed by the parties. H. Compliance with Municipal Code. Grantee shall comply with those provisions of the Moorpark Municipal Code which are applicable, and with any and all amendments to such applicable provisions during the term of this Franchise Agreement. I. Identification Required. (1) Grantee shall provide its employees with identification for all individuals who may make personal contact with customers. (2) The Grantee shall provide a list of current employees to the City upon request. The City may require Grantee to notify customers of the form of said identification on an annual basis. J. Employee Appearance and Conduct. (1) Employees of Grantee working on vehicles shall wear standard uniforms. Each employee shall wear a patch displaying his or her first name on the front of the uniform. Employees 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 which may annoy commercial customers during Solid Waste collection and transportation. Employees shall pick up all Solid Waste disbursed during collection. Employees shall receive training to identify hazardous materials which are not considered Solid Waste and, therefore, may not be collected, transported or disposed of by Grantee. (3) Grantee shall employ only those persons authorized to work in the United States pursuant to the Immigration Reform Act of 1986 and any other applicable laws. -25- WPX/PDT/AGR22235 K. Notices. All notices required or permitted to be given under this Franchise 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: City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 Copy to: Moorpark City Attorney Burke, Williams & Sorensen 624 South Grand Avenue, llth Floor Los Angeles, California 90017 To Grantee: Your Company 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 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. Savings Clause and Entirety. If any non -material provision of this Franchise Agreement shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the validity and enforceability of any of the remaining provisions of this Franchise Agreement. M. Joint Preparation of Agreement. Should interpretation of this Franchise Agreement, or any portion thereof, be necessary, it is deemed that this Franchise 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 Franchise Agreement or caused it to be prepared. N. Indemnification in Excess of Insurance Coveracie. The hold harmless and indemnification provision of Section 21A shall apply regardless of whether or not the insurance policies required by Section 21D 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 21A. -26- WPX/PDT/AGR22235 O. Exhibit Incorporated. Exhibit "A" is attached hereto and incorporated herein by reference. WITNESS the execution of this Agreement. CITY OF MOORPARK ATTEST City Clerk By Mayor YOUR COMPANY By Its -27- WPX/PDT/AGR22235 ACKNOWLEDGMENT STATE OF CALIFORNIA, ss. COUNTY OF On , 1991 before me , personally appeared personally known to me or proved to be the person who executed the within instrument entitled AGREEMENT BETWEEN THE CITY OF MOORPARK AND YOUR COMPANY, FOR THE COLLECTION, TRANSPORTATION, RECYCLING AND DISPOSAL OF SOLID WASTE, as , on behalf of Your Company, a California corporation, and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. DATED CORPORATE SEAL AGR22236.wo CKM EXHIBIT A City of Moorpark Maximum Commercial Refuse Rates 1991-1994 Once Addnl. Pickups Weekly (each extra bin) 3 c.y. $100 +$55 1 1/2 c.y. $75 +$45 Roll off $127 Rates indicated are on a "not -to -exceed" basis for the term of the franchise; lower rates may be negotiated with customers. Roll off rate is for bin rental only and does not include landfill fees. Note: Franchise fees are due on total gross revenues, including landfill fees.