HomeMy WebLinkAboutRES 90-95-BRESOLUTION NO . 90--95B
j A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR ESTABLISHING A PERMIT SYSTEM FOR. THE COLLECTION AND
Iffi DISPOSAL OF SOLID WASTE.
A. RECITALS
(i) The City Council has heretofore adopted Ordinance 02
(1990) establishing standards for the collection and disposal of
refuse, trash, rubbish and other forms of solid waste; and
(ii) Section 4 of this Ordinance provides that the City
Council may from time to time issue permits to those parties
meeting the criteria set forth by this Ordinance and such standards
as may be established by the City Council regarding the collection
of refuse, rubbish and other forms of solid waste; and
(iii) The City Council finds and declares that the regulation
of all solid waste contractors providing services within the City
is necessary and appropriate in that;
(a) The California Integrated Waste Management Act of 1989
(AB 939) requires the City to divert, through a combination of
source reduction, recycling, and composting programs, 25% of
its solid wastes from landfill disposal by 1995, -and 50% by
the year 2000; and
(b) Uniformity in the type and frequency of collection
services, means of collection and transportation provided,
type of equipment used, and the nature, location, and extent
of providing solid waste collection, recycling, composting and
disposal services in residential, commercial, construction and
industrial areas within the City of Diamond Bar is vital for
compliance with the statutory requirements,set forth by this
legislation; and
(c) Information from waste haulers regarding the amount of
solid wastes collected and disposed of, as well as, the amount
and type of m-terials diverted from landfill is crucial for
the City to achieve compliance with State mandated waste
diversion goals; and
(d) The unregulated collection and disposal of solid waste
presents a higher risk and attendant liability to the City and
creates the potential for divergent reporting practices,
inconsistent service levels, and a lack of accountability
amongst solid waste contractors.
(iv) The City Council has determined that no person shall
engage in the business of collecting, removing or disposing of any
refuse, trash, rubbish, green wastes, recyclable materials or other
solid waste including hazardous wastes or infectious medical waste,
within the City from any residential or commercial premises, nor
trCX4.��1�1=9 ., i...`ir,
„- .ti%
over any 7 p�� - ._>
« >9% E.. - C� f Y S,e��i?.L '®i "'E`-a�k, 11Z1l
;)o
ha.A .l=ea 19t ':
f:r'ow the C,
.nC� 5 1")S�FJ C.a.
c:x.t
such Je�iTs..i'r.
!C? ce, the C":..•
:.�4: _J 0-a of
m te=-ial ded
.and
fog herel.j; '.
o-ol.y -,Ln
-J' ..T:
the 7;.eriv(s
condi tions of- .tr i.. : '
c,, ., and any o h(i
,.E:'0T)
�ijrtirR'
which have been adopted purci:t:::?. ;. Ordinance, and
(v) All legal prerequisites Lo the adoration of this
Resolution have.occurreda
B. RESOLUTION
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
1. That the above recitations are true.
2. That the public health, safety and well-being of the
community require that permits be granted to qualified
solid waste contractors meeting the criteria set forth by
Ordinance 2-90 and such standards" as may be established,
from time to time, by the City Council regarding the
collection of refuse, rubbish and other forms of solid
waste from residential, commercial, construction and
industrial areas within the City of Diamond Bar,
3. That a permit system for the collection, transportation,"
recycling, composting and disposal of solid waste,
recyclables and compostables materials generated within
the City limits will be implemented through issuance of
individual agreements with qualified solid waste
contractors as set forth in Exhibit "A" and attached
hereto.
4. The City Clerk shall certify the adoption of this
resolution.
PASSED, APPROVED AND ADOPTED this 7th day of June , 1994.
OR
1, LYN "I'A BURGESS, City Clerk of the City of -Diamond Bar do
he -1 -,c -1-)y c-ertify that the foregoing Resolution was passed,
and adopted at the regular, meeting of the City
of the City of Diamond Bar held on 2tb_ day of
June 1994, by the following vote:"
AYES: COUNCILMEMBERS Miller, Papen,
MPT/Harmony and M/Werner
NOES: COUNCILMEMBERS None
ABSENT: COUNCILMEMBERS Ansari
ABSTAINED: COUNCILMEMBERS None
cz,
ATTEST: (2-�� � V---
Lyn a Burgess, Ci�LVC!erk
TABLE OV'C t.ra _ � :�.� `.�' ,;
SECTION
PAGE
SECTION
1.
GRANT OF PERMIT FOR COMMERCIAL,
RESIDENTIAL, CONSTRUCTION, INDUSTRIAL, AND
TEMPORARY BIN SERVICES........ ...................
2
SECTION
2.
DEFINITIONS... ....................................
2
SECTION
3.
ACCEPTANCE: WAIVER ...............................
5
SECTION
4.
PERMIT AREA....... ..............................
5
SECTION
5.
SERVICES PROVIDED BY PERMITTEE ....................
5
SECTION.6.
AB 939 ADMINISTRATIVE FEE .........................
9
SECTION
7.
PERMIT FEES .......................................
9
SECTION
8.
PERFORMANCE DEPOSIT ...............................
9
SECTION
9.
TERM AND RENEWAL ..................................
10
SECTION
10.
PERMIT TRANSFERRABLE: CITY
CONSENT REQUIRED ..................................
11
SECTION
11.
PERMIT TRANSFER: FEES ............................
11
SECTION
12.
IMPOSITION OF DAMAGES OR TERMINATION ..............
12
SECTION
13.
MEDIATION PROCEDURE ...............................
15
SECTION
14.
CITY'S ADDITIONAL REMEDIES ........................
16
SECTION
15.
RIGHTS OF CITY TO PERFORM DURING EMERGENCY........
17
SECTION
16.
PRIVACY ...........................................
17
SECTION
17.
REPORTS AND ADVERSE INFORMATION ...................
18
SECTION
18.
PUBLIC INFORMATION AND EDUCATION ..................
20
SECTION
19.
ANNUAL REVIEW OF PERFORMANCE AND
QUALITY OF SERVICE ................................
20
SECTION
20.
SYSTEM AND SERVICES REVIEW ........................
20
SECTION
21.
COMPENSATION ......................................
21
SECTION
22.
COLLECTION EQUIPMENT..............................'23
SECTION
23.
PUBLIC ACCESS TO PERMITTEE ...........:............
24
r+ y
11
SECTION 24.
RESOLUTION OF DISPUTED CUSTOMER COMPLAINTS........
15
SECTION 25.
OWNERSHIP OF SOLID WASTE ..........................
26
SECTION 26.
INDEMNIFICATION AND INSURANCE .....................
26
SECTION 27._PERMUTEE'S
BOOKS AND RECORDS:
AUDITS ............................................
29
SECTION 28.
GENERAL PROVISIONS ................................
29
EXHIBIT
A PERMIT AREA
EXHIBIT
B SPECIAL WASTES
EXHIBIT
C RECYCLING PROGRAM
EXHIBIT
D YARDWASTE PROGRAM
EXHIBIT
E SCHEDULE OF CHARGES
EXHIBIT
F PUBLIC INFORMATION AND EDUCATION
EXHIBIT
G MINIMUM CONTAINER SPECIFICATIONS
EXHIBIT
a'
H SOURCE REDUCTION AND RECYCLING
i
ELEMENT INTEGRATION PLAN
Q
AGREEMENT BETWEEN THE CITY OF DIAMOND BAR
AND,
FOR THE COLLECTION, TRANSPORTATION, RECYCLING, COMPOSTING
AND DISPOSAL OF SOLID WASTE, RECYCLABLE h �
AND COMPOSTABLE MATERIAL h
This Agreement ("Agreement") is entered into this day of , 1992,
by and between the CITY OF DIAMOND BAR ("City"), a municipal corporation, and
("Permittee"), a California corporation, for the collection,
transportation, recycling, composting and disposal of solid waste, recyclables and
compostables.
RECITALS
WHEREAS, the Legislature of the State of California, by enactment of the California
Integrated Waste Management Act of 1989 ("AB 939"), has declared that it is within the
public interest to authorize and require local agencies to make adequate provisions for solid
waste handling within their jurisdictions; and
WHEREAS, pursuant to California Public Resources Code Section 40059(a)(1), the City
Council of the City of Diamond Bar ("City") has determined that the public health, safety
and well-being require that permits be granted to qualified solid waste contractors for solid
waste collection, recycling, composting and disposal services in residential, commercial,
construction and industrial areas within the City of Diamond Bar; and
t
WHEREAS, the City Council has heretofore adopted Ordinance 2 (1990) which establishes
standards for the collection and disposal of refuse; trash, rubbish and other forms of solid
waste and pursuant to Section 4 of said Ordinance, the City Council has determined that
the disposal and/or collection of refuse, trash, rubbish or other solid waste is a service to
be performed in the City in accordance with the provision of this Ordinance; and
WHEREAS, Pursuant to this Ordinance the City Council may from time to time issue
permits to those parties meeting the criteria set forth by this Ordinance and such standards
as may be established by the City Council regarding the collection of refuse, rubbish and
other forms of solid waste, and so long as any such permits remain in force, the collection
of material provided for herein may be made only in accordance with the terms and
conditions thereof; and
WHEREAS, City and 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 and the Comprehensive
Environmental Response, Compensation and Liability Act ("CERCLA"); and
WHEREAS, City and desire to leave no doubts as to
their respective roles, and that by entering into this agreement, City is not thereby becom-
ing a "generator" or an "arranger" as those terms are used in CERCLA s 107(a)(3), and .°
h, a
that it is not City, which is "arranging for" the collection,
transportation and disposal of municipal solid wastes which may contain hazardous
substances; and
WHEREAS, the City Council of the City of Diamond Bar declares its intention to maintain
reasonable rates for the collection, transpb'"tion, recycling, compasting and disposal of
solid waste, recyclables and compostables generated within the City limits;
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
SECTION 1. GRANT OF PERMIT FOR COMMERCIAL. RESI-
DENTIAL, CONSTRUCTION. INDUSTRIAL. AND
TEMPORARY BIN SERVICES.
This Agreement grants a solid waste permit (hereinafter, "Permit") as defined in SECTION
2., below, to , pursuant to Ordinance No. 2A (1990)
of the City of Diamond Bar (hereinafter, "Ordinance 2A-90") and California Public
Resources Code Section 40059(a)(1) for the collection, transportation, recycling, composting,
and disposal of solid waste and construction debris and for providing temporary bin/rolloff
services in commercial, residential, construction, and industrial areas within the City of
Diamond Bar. This Permit is subject to any statutory provision or the terms of any pre-
existing solid waste, construction debris, or temporary bin/rolloff service licenses, permits,
or Resolutions previously granted by the County of Los Angeles or the City of Diamond
Bar. In the event that state or federal laws or regulations or judicial findings enacted after
this Permit has been executed, prevent or preclude compliance with one or more provisions
of this Permit, such provisions of the Permit shall be modified or suspended as may be
necessary to comply with such state or federal laws or regulations or decisions of a judicial
body.
SECTION 2. DEFINITIONS.
Whenever any term used in this Agreement has been defined by Ordinance No. 2A (1990)
of the City of Diamond Bar or Division 30, Part 1, Chapter 2 of the California Public
Resources Code, the definitions in this Ordinance or Public Resources Code shall apply
unless the term is otherwise defined in this Agreement.
A. "AB 939" means the California Integrated Waste Management Act of 1989, as it may
be amended from time to time, and as implemented by the regulations of the California
Integrated Waste Management Board.
B. "AB 939 Administrative Fee" means the fee or assessment set by the City which is
intended to offset the City's expenses in administering this Agreement and to compensate
City for the costs associated with compliance to the California Integrated Waste
Management Act of 1989 (AB 939). Any fee or assessment imposed under this
Agreement, shall be those which the City Council may from time to time hereafter approve
by resolution.
C. "Bins" means those containers provided by Permittee for commercial, industrial,
construction and residential unit uses. Bins are usually two (2) to six (6) cubic yards in
size, which are picked up by refuse trucks by means of front loading apparatus.
2
D. "Bulky Goods" means discarded household furniture, furnishings or appliances, including
white goods; automobile parts, including tires; rock or brick in reusable form; carpets;
mattresses; large branches; trunks; stumps or limbs of trees in bundles not exceeding
eighteen (18) inches in diameter or four (4) feet in length and other items the size or
weight of which precludes or complicates their handling by normal collection, processing
or disposal methods..
E. "City Limits" means the boundaries of the City together with all amendments and
changes thereto, which boundaries are shown by maps incorporated herein by reference and
which are on file in the office of the City Clerk.
F. "Commercial Solid Wastes" include all types of solid wastes generated by stores, offices,
governmental institutions and other commercial sources, excluding single-family residential
solid waste.
G. "Commercial Subscriber" means a subscriber to solid waste collection, disposal and
recycling services which occupies any commercial, industrial, certain multi -family residences,
any mobile home park, any hotel or motel, or any building in which a combination of
residential and commercial and/or industrial uses exist.
H. "Compostable Materials," "Green Waste" or "Yard Waste" means leaves, grass
clippings, brush, branches and other forms of organic waste generated from landscapes or
gardens, separated from other solid waste. "Compostable Materials" does not include stumps
or branches in bundles exceeding eighteen (18) inches in diameter or four (4) feet in
length.
I. "Construction and Demolition Waste" means the waste building materials, packaging, 6
plaster, drywall, cement and rubble resulting from construction, remodeling, repair and
demolition operations on pavements, buildings and other structures, (except asbestos -
containing materials and reusable rock or brick).
J. "Garbage" or "Solid Waste" means putrescible and non-putrescible material including
dead animals of less than fifty (50) pounds in weight, every accumulation of animal waste,
vegetable or other matter which results from the processing,, consumption, decay or
decomposition of meats, fish, fowl, birds, fruits, grains or other animal or vegetable matter
normally resulting from domestic, institutional, commercial, industrial, agricultural, and
other community activities, including, but not by way of limitation, used nonrecyclable food
containers, and other waste likely to attract flies or rodents, but excluding materials set out
for Recycling, Composting, and/or any Hazardous Waste.
K. "Hazardous Waste" means any waste materials or mixture of wastes defined as such
pursuant to the Resource Conservation and Recovery Act, 42 U.S.C. 6901 et sea., or the
Comprehensive Environmental Response, ,Compensation and Liability Act ("CERCLA"), 42
U.S.C. ss 9601 et sea., and all future amendments to either of them, or as defined by the
California Environmental Protection Agency or the California Integrated Waste Management
Board, or either of them. Where there is a conflict in the definitions employed by two or
more agencies having jurisdiction over hazardous or solid waste, the term "Hazardous
Waste" shall be construed to have the broader, more encompassing definition.
3
,
I �
L. "Industrial Waste" means all solid waste and semi-solid waste I which results from
industrial processes and manufacturing operations.
r M. "Multi -family -Residences" means residential units such as apartments, condominiums
{
and townhomes, other than Sin Family le g y Dwellin gs, which utilize bins or other containers,
! as defined in this Agreement, for the collection of solid waste and recyclables.
N. "Municipal Solid Waste" means all Solid Waste generated within the City which is
designated for collection under this Agreement.
O. "Permit" means the written authority by City and evidenced by this Agreement granting
a qualified refuse collector the right and privilege to: (1) arrange for the collection of, and
to collect refuse, rubbish and other forms of solid waste, (2) transport to landfill or other
licensed disposal facilities as determined by Permittee unless otherwise specified by City,
and (3) recycle from collected refuse, compostables and recyclable materials, all solid
waste, green waste and recyclables kept, generated and/or accumulated within the City.
P. "Permittee" means , the entity authorized by the
City Council to collect refuse within the City pursuant to Ordinance 2A-90 and the terms
and conditions imposed upon the Permittee by this Agreement.
Q. "Putrescible Waste" means wastes that are capable of being decomposed by
micro-organisms with sufficient rapidity as to cause nuisances because of odors, gases or
other offensive conditions, and include materials such as food wastes, offal and dead
animals.
R. "Recyclable Material";:;;means any material generated on or emanating from residential
or commercial/industrial premises which is no longer useful or wanted and has the potential
of being reused or processed into a form suitable for reuse through reprocessing or
remanufacture, consistent with the requirements of the California Integrated Waste
Management Act. Such material may include, but is not limited to paper, newsprint,
printed matter, pasteboard, paper containers, cardboard, glass, aluminum, PET and other
plastics, beverage containers, compostable materials, used motor oil and such other materials
designated by City's City Manager, or designated as recyclables by the California Integrated
Waste Management Board, or other agency with jurisdiction, and which are collected by
Permittee pursuant to this Agreement. Recyclable materials shall not include any material
that is visibly contaminated with other waste material or is of a size or weight of which
precludes or complicates their handling by normal collection, processing or recycling
methods.
S. "Recycling Container" means a container of a size, design, and weight prescribed by
the City Council by Resolution and delivered to residences covered by this Agreement, for
the temporary storage and collection of Recyclables.
T. "Residential Solid Waste" means all types of domestic garbage which originate from
residential properties which utilize one or more individual residential type solid waste
' containers, including any household hazardous waste which may be found to have been
placed in the residential solid waste stream.
4
U. "Residential Solid Waste Containers" means a container of a size, design, and weight
prescribed by the City Council and utilized by, single-family residences or certain multi-
family units. The term "Residential Solid Waste containers" does not include Bins used by
multifamily residences.
V. "Residential Subscriber" means a subscriber to solid waste collection, disposal and
recycling services owning or occupying one or more parcels of land which contain or have
located thereon a single-family residence or in some situations a multi -family dwelling used
for living purpose.
W. "Scavenging" means the uncontrolled and unauthorized removal of recyclable materials.
X. "Single -Family Residence" or "Single -Family Dwelling" means a detached building, or
each unit of a duplex or triplex, of permanent character placed in a permanent location,
which utilizes one or more individual residential type solid waste containers.
Y. "Special Wastes" shall mean all the items and materials which are set forth in Exhibit
"B," "Special Waste".
SECTION 3. ACCEPTANCE: WAIVER.
Permittee agrees to be bound by and comply with all the requirements of Ordinance 2A-90,
as the same may be amended from time to time, and this Agreement. Permittee waives
Permittee's right to challenge the terms of this Agreement and Ordinance 2A-90 under
federal, state or local law, or administrative regulation, as such laws and regulations exist
as of the date of execution of this Agreement.
SECTION 4. PERMIT AREA.
A. Permit Area Defined. The Permit Area granted by this Agreement shall be all
residential, commercial, industrial, and construction premises as set forth in Exhibit
"A". As provided below, the Permit Area may be changed by annexation.
B. Annexation Covered by Existing Agreement. Territory annexed to the City that is
covered by an existing solid waste permit, license, agreement or franchise granted
by another public entity may continue to be served by the same Permittee for the
balance of the term of its permit, license, agreement or franchise, subject to the
provisions of Ordinance 2A-90 and the provisions of this Agreement.
SECTION 5. SERVICES PROVIDED BY PERMITTEE.
A. General. Permittee shall provide Refuse, Compostables and Recyclables collection,
transportation, disposal, recycling and marketing services within the Permit Area in
accordance with the terms of this Agreement and Ordinance 2A-90.
5
911
b'��.�'�.��n
B. Single Family Residential.
(1) Weekly Service. Once each week Permittee shall collect and remove solid
f— waste -(except Special Wastes) which has been placed, kept or accumulated
in containers or bins at single family residences within the Permit Area and
placed at curbside prior to Permittee's normat- weekly collection time. All
refuse must be placed within containers at the curb without obstructions so
as to permit collection. City agrees to use its best efforts to enforce parking
and other ordinances so as to facilitate the collection of refuse and
recyclables. Permittee may negotiate special pickup procedures with customers
for special wastes at an additional fee. The Permittee shall file and maintain
a schedule of charges for the collection of special wastes with the Office of
the City Clerk.
(a) Upon request, Permittee shall, at a minimum, provide a 100 -gallon
container or suitable alternative, as approved by the City Manager, for
the collection of refuse from Single Family Residences within the
City. Any container provided by Permittee, pursuant to this Section,
shall be at the Permittee's expense and shall meet the specifications
for containers as set forth in Exhibit "G" herein. If any customer
requests an additional container or containers, Permittee shall provide
the additional container or containers and may charge an additional
monthly fee, according to the Schedule of Charges as set forth in
Exhibit "E." Containers that are stolen and/or damaged will be
reasonably replaced by Permittee, at Permittee's sole expense, upon
request of the customer. If a repetitive pattern of loss or damage
exists, the Permittee may, with the approval of the City Manager,
charge the customer for a replacement container. The Permittee shall
replace all containers damaged due to normal wear and tear within
one (1) week after notification. Nothing in this Section shall prohibit
a Single Family Residential Subscriber from utilizing their own
container providing that the container does not exceed the
specifications for containers as set forth in Ordinance 2A-90.
(2) Hours of Collection, Permittee agrees that, in order to protect the peace and
quiet of residents, its arrangements for the collection of solid waste,
recyclables and compostable in residential areas shall not start before 6:30
a.m. or continue after 6:30 p.m., unless otherwise provided for in Ordinance
2A-90.
(3) Collection Schedules. Permittee shall provide a copy of pick-up times, dates
of collection and a map of all routes upon the effective date of this
Agreement.
C. Commercial, Industrial, and Multi -Family Residences. Permittee shall collect
and remove all solid waste that have been placed in bins, from all
a commercial, industrial, and multi -family residences with the City at least once
every week or more frequently if required to handle the waste stream of the
premises where the bins are located. Permittee shall provide a bin suitable
R
to each commercial, industrial and multi -family residences for the collection
of refuse. Bins that are stolen and/or damaged will be reasonably replaced
by Permittee, at Permittees' sole expense, upon request of the customer. If
a repetitive pattern of loss or damage exists, the Permittee may, with the
approval of the City Manager, charge the customer for a replacement bin.'
p,
The Permittee shall replace all bins damaged due to normal wear and tear
within one (1) week after notification.
(1) Multi -Family Weekly Service. Not less often than once per week, and
more frequently if required to handle the waste stream of the premises where the
bins are located, Permittee shall collect and remove solid waste (including bulky
items which have been placed in a closed bin) which has been placed for collection
in solid waste bin.
(2) Commercial and Industrial Weekly Service. Not less often than once per
week, and more frequently if required to handle the waste stream of the premises
where the bins are located, Permittee shall collect and remove solid waste (excluding
hazardous waste) which has been placed for collection in solid waste bin or
container.
(3) Hours of Collection. Permittee agrees that, in order to protect the
peace and quiet of residents, its arrangements for the collection of solid waste and
recyclables in commercial areas, adjacent to residential areas, shall not start before
6:00 a.m. or continue after 6:30 p.m., Monday through Friday unless otherwise
provided for in Ordinance 2A-90.
(4) Collection Schedules. Permittee shall provide a copy of pick-up times,
dates of collection and a map of all routes upon the effective date of this
Agreement.
D. Construction and Temporary Bin/Rolloff Services. Permittee shall provide
construction and temporary bin/rolloff services in accordance to the Schedule
of Charges as set forth in Exhibit "E."
E. Collection on Holidays. If the day of collection on any given route falls on
a Holiday observed by the City or lawful disposal site to which refuse
collected within the Permit Area is taken for disposal, or recycling facility
to which recyclables are taken, Permittee shall provide collection service for
such route on the next workday following such Holiday unless otherwise
provided for in Ordinance 2A-90. The following holidays will be observed:
New Year's Day Labor Day
Memorial Day Thanksgiving Day
Independence Day Christmas Day.
F. Recycling Program. The Permittee shall provide recycling services in the
Permit Area in accordance with the terms set forth in Exhibit "C", and
according to the Schedule of Charges as set forth in Exhibit "E." 11 01
7
9 .+_.e_�`�+�"
G. Used Motor Oil. Permittee, at Permittees' sole expense, shall collect up to
five (5) quarts of uncontaminated waste motor oil per single-family residences
per month. Waste motor oil must shall be placed at the curb on the same
F day of the week as usual refuse collection in a resealable plastic container
and be clearly identified as used and/or waste motor oil. Permittee shall
collect used motor oil in containers that have been placed at curbside at no
additional charge to service recipients. Permittee shall exercise all reasonable
care and diligence in collecting waste motor oil so as to prevent spillage and
shall, at Permittees' sole expense, clean-up any such spillage within four (4)
hours of notification by City.
H. Yard Waste Collection. The Permittee shall provide yard waste collection
services in the Permit Area in accordance with the terms set forth in Exhibit
"D", and the rates set forth in Exhibit "E."
I. Holiday Tree Recycling. Permittee shall collect, transport and recycle as
mulch all Holiday trees which are placed at the curbside, from their single
family residences within the City during the period beginning on the first
Monday following Christmas and ending on the third Monday in January.
J. Special Wastes. Permittee may, but is not required to, provide such
collection, transportation and disposal services for Special Wastes as set forth
in Exhibit 'B". Permittee may provide such service for Special Wastes if
contracted to do so by customers under separate written contracts negotiated
between Permittee and the customer generating such Special Wastes. The
Permittee shall file and maintain a schedule of charges for special waste
services with the Office of the City Clerk.
K. Bulky Goods Pick -Up. Permittee, at Permittees' sole expense, shall provide,
at a minimum, four (4) free curbside collections of bulky goods per
customer, per year, on days of the month selected by the City Manager, for
single family residences and at designated locations within multi -family
residences. There shall be no size or weight restrictions except that
Permittee shall not be required to remove automobile bodies, materials
brought in from other areas or any other items which may not be safely
handled by two persons. Bulky goods collected by Permittee may not be
landfilled or disposed of until the following hierarchy has been followed by
Permittee:
1. Reuse as is (if energy efficient)
2. Disassemble for reuse or recycling
3. Recycle
4. Disposal (if legally appropriate).
Permittee shall use whatever equipment is necessary for collection providing
that a compaction mechanism is not used to compact the bulky goods.
E:
L. City Facilities. Permittee, at City's sole option, shall provide refuse collection
and recycling services to all City -owned facilities (i.e., City Hall, Parks, etc.)
within the Permit Area. In addition, the Permittee may, at no additional
charge to City or the entities .listed below, provide refuse collection and
recycling services:'"
(a) County Fire Stations
(b) All public school facilities
(c) Any organization, as approved by the City Manager, having a non-
profit designation (i.e., YMCA)
M. Pick -Up of Illegally Dumped Bulky Goods. Permittee agrees, at no
additional charge, to provide on -demand pick-up of illegally -dumped bulky
goods within two (2) calendar days of City's request. Permittee shall
provide this service according to a rotational schedule established by the City
Manager.
N. Clean up of Waste Enclosures or Overflowing Bins. Permittee shall exercise
all reasonable care and diligence in collecting solid waste, and shall, at
Permittees' sole expense, clean out all overflowing bins or waste enclosures
within twenty-four (24) hours of notification by City. If the situation dictates
and with the approval of the City Manager, the Permittee may charge the
customer for the actual costs of clean up.
O. Disaster Preparedness Containers. Permittee shall, at no additional charge to
the City, provide a minimum of one (1) container but no more than ten (10)
containers of a size, design and weight to all public school and City facilities �M
within the Permit Area as determined by the City Manager. All containers
provided shall be suitable to store all necessary supplies and equipment that
may be needed in the event of a disaster. The actual number of containers
shalt be determined by the City Manager based on the Permittee's
proportional ratio of Residential Subscribers as determined by the City
Manager on the effective date of this Agreement and as reviewed and set by
the City each year thereafter.
P. Special Collection Services for the Disabled. Permittee shall, at a minimum,.
offer a fifteen percent (15°%0) discount to any individual with a disability as
defined in the title III regulation codified at 28 CFR part 36 (Federal
Register Volume 56, Number 144, July 26, 1991). In addition, Permittee
shall provide, upon request, manual carry out collection service to any single
family Residential Subscriber that is not able to place their containers at the
curb due to physical disabilities. Permittee shall provide this service at no
additional charge provided that eligibility for this service can be verified.
In the event that such service is requested by an otherwise capable resident,
Permittee shall retain the right to negotiate with such resident at an additional
charge.
Q. Senior Citizen Discount. Permittee shall offer a Fifteen percent (15%) senior Y
discount to each single family Residential Subscriber meeting the eligibility
6
y� �� ng ��,)��
i . I, +,., Wil", �xdrk4 �'r , F is�Y!?i,M",�' f. '`,s'.rn� -aM �"'ut, � �
T", I
SECTION 6.
requirements set forth in Section 21. This discount shall be applied upon
request to all services provided by Permittee.
AB 939 ADMINISTRATIVE FEES.
Pursuant to California Public Resources Code Section 41902, the City may directly assess
a fee or may, by agreement, arrange for the fee to be collected by the Permittee under
this Agreement. Permittee agrees to pay or collect, as the case may be, an AB 939
Administrative Fee as may be established by separate ,resolution of the City Council and
from time to time amended hereafter. Any fee established pursuant to this Section shall
be payable by Permittee to City 30 days after the close of each quarter of Permittees'
fiscal year.
$ECTION 7.
PERMIT FEES.
A. Application Fee. The Permittee shall, within thirty (30) days after execution of this
Agreement, remit to City for its reasonable costs of granting a bi-annual Permit, a
non-refundable application fee as determined by Resolution of the City Council and
from time to time amended.
B. Bi -annual Permit Fee. The Permittee shall remit to City, on or before the effective
date of this Agreement, a bi-annual permit fee or such fee as determined from time
to time hereafter by Resolution of the City Council for its reasonable cost of
processing a Permittee's permit application. The permit fee required by this Section
shall be in addition to any other license, permit, or agreement previously granted
by the County of Los Angeles or the City of Diamond Bar.
SECTION 8.
PERFORMANCE DEPOSIT.
A. Compliance Bond. Contemporaneously with the Execution of this Agreement the
Permittee shall furnish a Compliance Bond in the sum- .of One Million Dollars
($1,000,000.00). Said bond shall be secured from a surety company satisfactory to
the City and on terms acceptable to the City Attorney. This bond shall be issued
for a period of not less than one (1) year and shall renewed and filed with the
Office of the City Clerk at least thirty (30) days prior to the termination date of
the bond then in effect.
The Compliance Bond shall serve as security that the Permittee has faithfully and
fully performed its obligations under this Agreement and shall serve to indemnify
the City against any loss resulting from any failure of performance by the Permittee.
Failure of the Permittee to furnish and maintain said Compliance Bond shall be
considered a material breach of this Agreement and grounds for the immediate
termination of the Permittees' Permit as set forth in Section 12-13 below.
10
B. Faithful Performance Deposit. Concurrent with the execution of this Agreement and
maintained throughout its duration, Permittee shall deposit with the Office of the
City Clerk a cash deposit, irrevocable letter of credit, or other such document
evidencing an irrevocable case deposit payable to' City, in the amount of Twenty
Thousand Dollars ($20,000.00), in the form approved by the City Attorney,
guaranteeing Permittee's faithful performance of the terms of this Agreement.
(1) After thirty (30) days following Permittee's failure to pay the City any
amount owing under this Agreement, the performance deposit may be
attached by the City upon five (S) days prior written notice to the Permittee
for purposes including, but not limited to:
(a) Failure of Permittee to pay the City sums due under the terms of the
Agreement.
(b) Reimbursement of costs borne by the City to correct violations of this
Agreement or any other provision imposed by the City and not
corrected by Permittee, after due notice.
(c) Monetary remedies or damages assessed against Permittee due to
breach of this Agreement.
(2) The Permittee shall deposit a sum of money sufficient to restore the faithful
performance deposit to the original amount within thirty (30) days after
notice from the City that any amount has been withdrawn from the faithful
performance deposit.
SECTION 9. TERM AND RENEWAL,.
A. Permits issued pursuant to the provisions of this Agreement shall expire on June
30th of the second year after the Permit was granted. Permits may, at the City's
option, be renewed if the Permittee submits an application for renewal on a form
prescribed by the City Manager at least thirty days (30) ,prior to expiration of the
Permit then in. effect. Any application for renewal shall be accompanied by the fee
specified by this Agreement or such a fee as determined by Resolution of the City
Council time from time hereafter and copies of insurance policies or endorsements
evidencing the required insurance requirements.
B. The City Manager shall renew the Permit if, during the term of the then current
permit, the Permittee has faithfully complied with the ' terms and conditions this
Agreement, the regulations adopted by the City Manager, and any conditions
imposed upon the permit pursuant to Ordinance 2A-90. The term of this Permit
shall become effective July 1. 1994, and remain in effect for twenty four months
(24) unless earlier terminated for default or by agreement of the Parties to
discontinue operations within the City. Upon commencement of the term hereof,
any previously existing permits between the parties shall have no further force and
effect, except as to any right or obligations which may have accrued to either party
under the terms of said previous permits.
11
H�)
SECTION 10. PERMIT TRANSFERRABLE: CITY CONSENT REQUIRED.
A. This Permit 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 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 Permittee, either by act of the Permittee or by operation of law, without
the prior written consent of the City expressed by resolution. Any attempt by
Permittee to assign this Permit without the consent of City shall be void.
B. Any attempt by the Permittee to transfer this Permit prior to obtaining City consent
shall be considered a material breach of this Agreement and grounds for the
immediate termination of the Permittees' Permit as set forth in Section 12-13 below.
C. The City shall not unreasonably withhold its consent to a transfer of the Permit
granted by this Agreement. The City may impose conditions of approval on a
Permit transfer, including, but not limited to conditions requiring acceptance of
amendments to Ordinance 2A-90 and this Agreement, and the payment of a transfer
fee to the City.
D. City consent is required for any change in control of Permittee. "Change in control"
shall mean any sale, transfer or acquisition of Permittee. Permittee is a corporation,
and any acquisition of more than twenty-five percent (25%) of Permittee's voting
stock by a person, or group of persons acting in concert, who already owns less
` than 50% of the voting stock, shall be deemed a change in control. Any change
in control of the Permittee occurring without prior City approval shall constitute a
material breach of this Agreement.
SECTION 11. PERMIT TRANSFER: FEES.
A. Any application for a permit 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 Council, to cover the cost of all direct and indirect
administrative expenses including consultants and attorneys, necessary to adequately
analyze the application and to reimburse City for all direct and indirect expenses.
In addition, the Permittee 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. Any transfer fees assessed by this Section are over and above any fees specified in
this Agreement.
SECTION 12. IMPOSITION OF DAMAGES OR TERMINATION.
A. If the City Manager determines that the Permittee's performance pursuant to this
Agreement has not been in conformity with reasonable industry standards which
12
obtain in similar cities in Southern California, the provisions of this Agreement, the
requirements of Ordinance 2A-90, 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 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 Permittee 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 sixty (60) days from the receipt by the Permittee of such
written notice. The City Manager shall review the Permittee's response and refer
the matter to the City Council or decide the matter and notify the Permittee of mat
decision, in writing. A decision or order of the City Manager shall be final and
binding on Permittee if the Permittee fails to file a "Notice of Appeal" with the
City Manager within 30 days of receipt of the City Manager's decision. Within Iten
working days of receipt of a Notice of Appeal, the Manager shall either refer the
appeal to the City Council for proceedings in accordance with. Section 12C71),
below, or refer the matter to a mediator as provided in Section 13, below.
B. The City Council, in such case, may set the matter for hearing. The City Council
shall give Permittee, and any other person requesting the same, fourteen (14) days
written notice of the time and place of the hearing. At the hearing, the City
Council shall consider the report of the City Manager indicating the deficiencies, and
shall give the Permittee, or its representatives and any other interested personl, a
reasonable opportunity to be heard.
C. Based on a preponderance of the evidence presented at the public hearing, the City
Council shall make appropriate findings of fact before determining whether ,the
Permit should be terminated or liquidated damages imposed upon the Permittee. If,
based upon the record, the City Council determines that the performance of
Permittee is in breach of any material term of this Agreement or any material
provision of any applicable federal, state or local statute or regulation, the City
Council, in the exercise of its sole discretion, may terminate forthwith, the Permit
or impose liquidated damages, as defined below. the decision of the City Council
shall be final and conclusive, subject to referral of the matter for an administrative
hearing pursuant to Section 13, below. Permittee's performance under its Permit
is not excused during the period of time prior to the City Council's final
determination as to whether such performance is deficient.
D. This right of termination or to impose liquidated damages is in addition to any other
rights of City upon a failure of Permittee to perform its obligations under this
Agreement.
E. The City further reserves the right to terminate Permittee's Permit or impose
liquidated damages in the event of any of the following:
(1) If the Permittee practices, or attempts to practice, any fraud or deceit upon
the City.
13
14
' �'" i,' f , M.
(2) If the Permittee becomes insolvent, unable or unwilling to pay its debts, or
upon listing of an order for relief in favor of Permittee in a bankruptcy
proceeding.
(3) If the Permittee fails to provide or maintain in full force and effect, the
workers compensation, liability and indemnification coverage or
performance deposit as required by the Agreement.
(4) If the Permittee willfully violates any orders or rulings of any regulatory
body having jurisdiction over the Permittee relative to this Agreement,
provided that the Permittee may contest any such orders or rulings by
appropriate proceedings conducted in good faith, in which case no breach of
the Agreement shall be deemed to have occurred.
(5) If the Permittee ceases to provide collection service as required under this
Agreement over all or a substantial portion of its Permit Area for a period
of seven (7) days or more, for any reason within the control of the
Permittee.
(6) If the Permittee willfully fails to make any payments required under the
terms of 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.
(7) Any other act or omission by the Permittee which materially violates the
terms, conditions or requirements of this Agreement, Ordinance 2A-90, the
California Integrated Waste Management Act of 1989, as it may be amended
from time to time or any order, directive, rule or regulation issued
thereunder and which is not corrected or remedied within the time set in the
written notice of the violation or, if the Permittee cannot reasonably correct
or remedy the breach within the time set forth in such notice, if the
Permittee 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. Temporary Default By Permittee. In addition to any other remedies provided in this
Agreement, where Permittee, for any reason, abandons or ceases to perform
collection and disposal services for a period in excess of five (5) working days, and
the City Manager determines that it is necessary for solid waste collection and
disposal to be temporarily undertaken by City, or other entities engaged by City,
City shall:
(1) notify Permittee by Certified Mail that Permittee has failed to perform solid
waste collection and disposal services in accordance to the terms of this
Agreement for a period in excess of five (5) working days, and of City's
intent to temporarily provide such services at Permittee's expense and with
the use of Permittee's equipment;
14
(2) be entitled to the use of Permittee's equipment during such time as C,ity
assumes Permittee's collection and disposal obligations under this Agreement
or assign entities engaged by the City for such purpose;
(3) have access to Permittee's records for the purposes of billing, and shall have
the right to retain or assign all payments and funds received for the period
during which City, or entities engaged by City, provide services; and
(4) charge Permittee for the actual costs of such services as determined by City's
standard accounting practices, and the sum of Seven Hundred and Fifty
Dollars ($750.00) for each calendar day during which City, or entities
engaged by City, performs such service.
During any period which City, or entities engaged by City, assumes Permittee's
collection and disposal obligations pursuant to this Section, the liability of City to
Permittee for loss or damage to any of the Permittee's equipment used by the City
shall be that of a bailee for hire, ordinary wear and tear expected.
If Permittee is in temporary default under this Section for a period of more than
(14) calendar days, City shall have the right to terminate this Agreement pursuant
to Section 12H below.
G. Liquidated Damages.
(1) The City finds, and the Permittee agrees, that as of the time of the execution
of this 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 Permittee 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 service or denied quality or reliable service; (ii)
such breaches cause inconvenience, anxiety, frustration and deprivation of the
benefits of the Permit, issued under this Agreement, to 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) 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. 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.
(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
Permittee in accordance with this Agreement. The amount of the liquidated
damages shall be increased by the past year's consumer price index for the
15
..._..... ,.1�' 17f"
Los Angeles -Anaheim -Riverside area for each March 1st during the term
hereof and effective July 1st of each year. In addition, the -Council may
order the assessment against the performance deposit required by Section 8A,
-3 above, the termination of the Permit, or both.
(3) The City finds, and the Permittee 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 Permittee has been
found by the City Council to be in material default pursuant to this Section.
The Permittee shall pay any liquidated damages assessed by the City Council
within thirty (30) days after they are assessed. If they are not paid within
the thirty -day period, the City may withdraw them from the security fund
established by the performance deposit required by Section 8A, above, order
the termination of the Permit granted by this Agreement, or both.
H. Termination.
(1) This Agreement may be terminated by either party, with cause, by providing
ninety (90) days written notice to the other party. The termination shall be
effective on the ninety-first (91st) day.
(2) If the Permittee voluntarily terminates this Agreement, Permittee shall provide
the City and all of its customers within the Permit Area a minimum of sixty
(60) days written notice prior to the effective date of its intent to terminate
this Agreement with the City.
(3) The City may terminate this Agreement pursuant to this Section as a result
of the City's decision to award an exclusive franchise agreement for the .
collection of refuse in all or any portion of the City.
SECTION 13. MEDIATION PROCEDURE.
A. Any dispute or controversy arising under this Agreement, or in connection with any
of the terms and conditions hereof, shall be referred by the parties hereto for
mediation. It is specifically understood and agreed by the parties hereto that referral
of any such dispute or controversy, and mutual good faith efforts to resolve the
same thereby, shall be conditions precedent to the institution of any action or
proceeding, whether by law or in equity with respect to any such dispute or
controversy.
B. If either the City Manager or the City Council refers a matter to a mediator, or
if the Permittee' should allege a breach of this Agreement by the City, a neutral
mediation service shall be selected, as agreed upon by the parties and the costs and
expenses thereof shall be borne equally by the parties hereto; if agreement,
concerning ,such selection, is not reached within twenty working days, then the City
Council shall select a third party mediation service. The City Council's decision
shall be final.
16
C. A mediator to whom a matter is referred shall have the authority to (i) order the
City or the Permittee to undertake remedial action to cure the breach and to prevent
occurrence of similar breaches in the future; (ii) assess damages and/or levy a
penalty. upon- the Permittee consistent with the terms of this Agreement; or (iii) find
there has been no breach. If the mediator finds that there has been no breach, such.
a decision precludes the City from conducting a default hearing. For any occurrence
or series of related occurrences, in which it has been determined that a breach has
occurred, the penalty may be up to five thousand dollars ($5,000.00). The amount
of the penalty shall be reasonably related to the seriousness of the breach of this
Agreement.
D. Any failure of the Permittee to comply with the mediator's order shall be deemed
a material breach of the Permit, and may be grounds for termination of this
Agreement.
E. The mediator shall commence the hearing within thirty (30) days of selection unless
the parties and the mediator agree otherwise. Any party to the hearing may issue
a request to compel reasonable document production from the other party. Disputes
concerning the scope of document production and enforcement of document requests
shall be subject to agreement by the parties, or if agreement is not reached within
twenty (20) days of that document request, then by disposition by order of the
mediator. Any such document request shall be subject to the proprietary rights and
rights of privilege of the parties, and the mediator shall adopt procedures to protect
such rights.
F. Neither party may communicate separately with the mediator after the mediator has
been selected. All subsequent communications between a party and the mediator
shall be simultaneously delivered to the other party. This provision shall not,..4apply
to communications made to schedule a hearing or request a continuance.
G. Until final judgment is entered from the mediator proceeding under the foregoing
provisions and the time for appeal or other post judgment petition has expired, the
imposition or enforcement of any penalties or sanctions provided in this Agreement
and related to the subject matter of the hearing shall be stayed. The mediator may
modify or cancel any proposed penalties or sanctions upon a. finding that the party
subject thereto acted with substantial justification, or if the interests of justice so' .
require.
H. Any party to a hearing may petition the Superior Court in Los Angeles County,
California to confirm, correct or vacate the award on the grounds stated in the
General Arbitration Act. Any proceedings on appeal shall be in accordance with
Code of Civil Procedures § 1294 and § 1294.2.
SECTION 14. CITY'S ADDITIONAL REMEDIES.
In addition to the remedies set forth in Sections 12-13, above, City shall have the following
rights: "i'Y�
r
17
rr Y,..,, ,. , °� ��. "_�,,,� .,, _
dwh. h..,<a$Yat_+�lkd;.mIl4i"�:
A. To rent or lease equipment from Permittee for the purpose of collecting, transporting
and disposing of solid waste which Permittee _is obligated to collect, transport and
dispose of pursuant to this Agreement, for a period not to exceed six (6) months.
In the case of equipment not owned by Permittee, Permittee shall assign to City,
to the extent Permittee is permitted to do so under the instruments pursuant to
which Permittee possesses such equipment, the right to possess the equipment. If
City exercises its rights under this Section 14, City shall pay to Permittee the
reasonable rental value of the equipment so taken for the period of City's possession
thereof;
B. The right to license others to perform the services otherwise to be performed by
Permittee 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 Agreement by Permittee,
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.
SECTION 15. RIGHTS OF CITY TO PERFORM DURING EMERGENCY.
A. Should Permittee, for any reason whatsoever, accept the occurrence or existence of
any of the events or conditions set forth in Section 28 A, "Force Majeure," below,
refuse or be unable to collect, transport and dispose of any or all of the refuse,
compostables and recyclables which it is obligated under this Agreement to collect,
transport and dispose of for a period of more than seventy-two (72) hours, and if
as a result thereof, refuse, compostables and recyclables should accumulate in City
to such an extent, in such a manner, or for such a time that the City Manager
should find that such accumulation endangers or menaces the public health, safety
or welfare, then in such event City shall have the right, upon twenty-four (24) hour
prior written notice to Permittee, during the period of such emergency, to
temporarily take possession of any or all equipment and facilities of Permittee
previously used in the collection, transportation and disposal. of refuse, compostables
and recyclables under this Agreement, and to use such equipment and facilities to
collect and transport any or all refuse, compostables and recyclables which Permittee
would otherwise be obligated to collect and transport pursuant to this Agreement.
Permittee agrees that in such event it will fully cooperate with City to effect such
a transfer of possession for City's use.
B. Permittee agrees that, in such event, City may take temporary possession of and use
all of said equipment and facilities without paying Permittee 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 Permittee upon receipt of written notice from Permittee to the effect that
it is able to resume its normal responsibilities under this Agreement.
18
SECTION 16. PRIVACY.
A. Permittee shall strictly observe and protect the rights of privacy of customers.
Information identifying individual customers, or the composition or contents of a
customer's refuse 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 T"ll
statute, or upon valid authorization of the customer. This provision shall not be
construed to preclude Permittee from preparing, participating in, or assisting in the
preparation of waste characterization studies or waste stream analyses which may be
required by AB 939.
B. Permittee shall not market or distribute outside the normal course of its business,
mailing lists with the names and addresses of customers.
C. The rights accorded customers pursuant to this Section shall be in addition to any
other privacy right accorded customers pursuant to federal or state law.
SECTION 17. REPORTS AND ADVERSE INFORMATION.
A. Annual Reports. The Permittee shall submit an annual report, in a tabular and/or
graphical format, using a commonly used software program (e.g., LOTUS 1-2-3,
Excel, etc.) as approved by the City, within 120 days after the close of each fiscal
year. This report shall include, but is not limited to, the following information:
(1) A summary of the previous year's (or, in the case of the initial report year,
the initial year's) activities including, but not limited to, services begun or
discontinued during the reporting year, and the number of customers for each
class of service;
(2) A report, in a form satisfactory to the City, on the City's progress in
meeting and maintaining its ability to meet its goals under AB 939 as applied
to the Permit Area, along with any recommended changes.
(3) A revenue statement, setting forth quarterly AB 939 Administrative Fees, and
the basis for the calculation thereof, certified for accuracy, by an officer of.
the Permittee;
(4) A list of Permittee's officers and member of its board of directors.
(5) A list of stockholders or other equity investors holding five percent (5%) or
more of the voting interest in the Permittee and any subsidiaries unless
Permittee is a public corporation whose annual reports are publicly available.
B. Monthly Reports. Permittee shall submit monthly program reports, in a tabular
and/or graphical format, using a commonly used software program (e.g., LOTUS
1-2-3, Excel, etc.) as approved by the City, for the length of the Permit
commencing upon final approval of this Agreement. These reports shall be due i''
19
I,� ri 'n pt�i qui, t }
within twenty (20) working days from the end of the month. At a minimum, the
reports shall include:
_(a) Summaries oftonnage collected and disposed of by generator type,
L-1,
disposal facility used and disposal fees paid;
(b) Summaries of tonnage of recycled material collected by material;
(c) Summaries of tonnages of non-recyclables and contaminants disposed;
(d) Summaries of tonnages, using an approved sampling methodology, of
each material processed, sold or otherwise exchanged for processing,
by material type;
(e) Average market prices for each material sold, and processing charges
or acceptance fees for yardwaste or other applicable materials;
(f) Participation rates for each route in terms of set out counts and
average pounds collected per residential subscriber, multi -family
residences, or commercial subscriber;
(g) Description of progress in meeting the implementation schedule,
including the problems encountered and how they were resolved;
I
(h) Summaries of the number of service complaints by route, including
i
the date, nature of complaint, and how it was resolved.
C. Ad Hoc Reports. Permittee shall provide up to six (6) reports of varying detail and
format, as specifically requested by the City, to meet unforeseeable information
queries of the California Integrated Waste Management Board, Los Angeles County
Integrated Waste Management Task Force, or other public agencies.
D. Adverse Information. Permittee shall provide City two copies of all reports, or
other material adversely affecting this Agreement, submitted by Permittee to the
EPA, the California Integrated Waste Management Board or any other Federal or
State agency. Copies shall be submitted to City simultaneously with Permittee's filing
of such matters with said agencies. Permittee's routine correspondence to said
agencies need not be automatically submitted to City, but shall be made available
to City upon written request, as provided in Section 27, below.
(1) The Permittee shall submit to City copies of all pleadings, applications,
notifications, communications and documents of any kind, submitted by the
Permittee 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 Permittee's performance of services
pursuant to this Agreement. Any confidential data exempt from public
disclosure shall be retained in confidence by the City and its authorized
agents and shall not be made available for public inspection.
20
(2) Permittee shall submit to the City such other information or reports in such
forms and at such times as the City may reasonably request or require.
(3) All reports and records required under this or any other section shall be
furnished at the sole expense of the Permittee.
(4) A copy of each of Permittee'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 (I�0)
days after receipt of a request.
E. Failure to Report. The refusal, failure, or neglect of the Permittee to file any 'of
the reports required, or the inclusion of any materially false or misleading statement
or representation made knowingly by the Permittee in such report shall be deemed
a material breach of this Agreement, and shall subject the Permittee to all remedies,
legal or equitable, which are available to the City under this Agreement or
otherwise.
SECTION 18. PUBLIC INFORMATION AND EDUCATION.
A. Permittee shall design and implement, in conjunction with the City, a public
information and education program as set forth in Exhibit "F."
SECTION 19. BI -ANNUAL REVIEW OF PERFORMANCE AND QUALITY OF A
SERVICE.
A. At City's sole option, may hold a public hearing every two years at which the
Permittee shall be present and shall participate, to review the Permittee -'s
performance and quality of service. The reports required by this 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.
B. Within thirty (30) days after the conclusion of the public 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 Permittee to correct
the inadequacies in accordance with Sections 12 above.
SECTION 20. SYSTEM AND SERVICES REVIEW.
To provide for technological, economic, and regulatory changes in refuse collection
and recycling, to facilitate renewal procedures, to promote competition in the refuse
and recycling industry, and to achieve a continuing, advanced refuse collection and
recycling system, the following system and services review procedures are hereby
established:
21
.,, ,- ,•'!.i '�h o ,ri r. `r ��..h. � ,..� .'I :. 1i �, � i . ;� dl�y 4 "� i . if A . �'Ow'.
ai
A. At City's sole option, City Manager may hold an administrative hearing each year
at which the Permittee shall be present and shall participate, to review the refpse
collection and recycling system and services. 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 19, above.
13. Sixty (60) days after receiving notice from the City, Permittee shall submit a report
to City indicating the following:
(1) All refuse collection composting and recycling services reported in refuse
collection and recycling industry trade journals that are being commonly
provided on an operational basis, excluding tests and demonstrations, to
communities in the United States with comparable populations, that are not
provided to City; and
(2) Changes recommended to improve the City's ability to meet the goals of AB
939.
(3) Any specific _plans for provision of such new services by the Permittee, or
a justification indicating why Permittee believes that such services are not
feasible for the Permit 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
F=— . services, application of new technologies, customer complaints, rights of privacy,
amendments to this Agreement, developments in the law, new initiatives for meeting
or exceeding AB 939's goals and regulatory constraints.
D. City and the Permittee 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 hearing, City shall 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 economically feasible by City. City may require
Permittee to provide such services within a reasonable time, for reasonable rates and
compensation.
I �
SECTION 21. COMPENSATION.
A Permittees' Rates. Permittee shall establish their own charges, and changes thereto
pursuant to Section 21B below, for the collection, removal and disposal of refuse
from their Residential Subscribers and/or Commercial Subscribers within the Permit
Area.
3
j Permittee shall file and maintain on a quarterly basis with the Office of the City
Clerk, a revised Schedule of Charges, if applicable, for services provided under this
22
Agreement to Residential and Commercial Subscribers within the Permit Area. A
schedule of charges is incorporated herein as Exhibit "E."
(1) Single Family Residential Collection. Disppsal and Recycling Services. A01,�l Schedule of Charges for Residential Subscribers is set forth in Exhibit "E".
(2) Commercial and Multi -family Residences Bin Collection. Disposal and
Recycling Service. A Schedule of Charges for each Bin used by Commercial
Subscribers or at Multi -Family Residences is set forth in Exhibit "E."
Charges may be based on the size of the Bin and the frequency of service.
(3) Industrial/Rolloff Container. A Schedule of Charges for containerized
services is set forth in Exhibit "E".
(4) Special Services. Permittee may also charge fees for performance of Special
Services (e.g., the hauling and disposing of Special Wastes as set forth in
Exhibit "B") as agreed upon in separate contracts between Permittee and each
customer requesting such special service.
(5) , Special Collection Services for the Disabled. Permittee shall, at a minimum,
offer a Fifteen percent (15%) discount to any individual with a disability as
defined in .the Title III regulation codified at 28 CFR part 36 (Federal
Register Volume 56, Number 144, July 26, 1991). This discount is
applicable to all services rendered by Permittee.
(6) Senior Citizen Discount. Upon request, the Permittee shall offer a Fifteen
percent (15%) discount to each household in which the head of household is
60 years of age or older. This discount is applicable to all services rendered
by Permittee.
() Redelivery Fees. Permittee may charge a redelivery fee for bins removed
from commercial and/or industrial subscribers due to nonpayment, and may
also require payment in advance for reinstatement of future service. A
Schedule of Charges for redelivery of bins is set forth in Exhibit "E".
B. Notice of Rate Increases. The Permittee shall provide the City and customers, at
least sixty (60) . days in advance of the beginning of a billing period, written notice
of the implementation of changes in any of its rates and charges which are not
subject to regulation by the City. The notice shall include a statement of the
reasons for the rate increase.
C. Billing and Payment.
(1) Permittee shall bill all customers for all services rendered, whether regular
or special services. Permittee shall provide itemized bills, distinctly showing
charges for all classifications of services, including but not limited to the
charges for late payment, redelivery fees, charges for additional containers,
and other special services covered under this Agreement. The Permittee shall
designate that portion of a customer's bill attributable to any fees imposed
23
N'�kiY,"#
upon by the City pursuant to this Agreement as a separate item on
customers' bills.
(2) -City may, at City's sole option, elect to bill Residential Subscribers for
refuse collection and recycling through a parcel charge. Should the City
institute a parcel charge, Permittee shall be paid on and
for the premises served. Retroactive adjustments shall be made
on the basis of addresses of premises added and the date added. Premises
ordered after the first of the month shall be charged on a prorated 30
day/monthly basis.
D. Delinquent Accounts.
(1) As a matter of information, but without warranty as to effect, enforcement
or continuity, the City has heretofore adopted requirements and standards
relating to the collection of refuse. The City does not warrant property
owner compliance with said standards and regulations, and Permittee assumes
the risk thereof and shall not claim hardship, extra payment, excuse or
frustration on account thereof; except that Permittee and City mutually agree
to improve the timeliness of customer payments and to reduce the number
of delinquent accounts through a program of cooperative abatement.
(2) Permittee may discontinue service and remove bins from commercial
subscribers for nonpayment. Commercial subscribers that have not remitted
required payments within thirty days (30) after the date of billing shall be
notified, on forms approved by the City, that services may be discontinued
fifteen days (15) from the date of notice. If payment is not received,
Permittee may discontinue services and remove all bins. Upon payment of
the delinquent fees, Permittee may charge a redelivery fee, as set forth in
Section 21A(7) above, and resume collection services on the next regularly
scheduled collection day.
G. Refunds. Permittee shall refund to each customer, on a pro rata basis, any service
payments made by such customer for service not provided when service is
discontinued by the customer.
SECTION 22. COLLECTION EQUIPMENT.
Permittee shall provide an adequate number of vehicles and equipment for the collection,
disposal and transportation services for which it is responsible under this Agreement.
(1) All vehicles used by Permittee under this Agreement shall be registered
with the Department of Motor Vehicles of the State of California, shall be
of size, weight, nature and type to be minimally intrusive on the community
with respect to noise, emissions, maneuverability, safety, fuel efficiency, and
other factors necessary to minimize the impacts of the Permittees' services.
All vehicles must be kept clean and in good repair and shall be uniformly
painted in colors selected by the permittee.
24
(2) All bins and containers provided shall be brand new, unless otherwise
approved in writing by City, and shall meet the minimum specifications as
set forth in Exhibit "G." Refurbished bins are permissible providing that
they -are in good repair, uniformly painted, and of a quality acceptable to the
City Manager or his designee.N",
(3) Permittee has agreed to name the specific organization that shall provide
all of the services under this Agreement as " (Permittee's Name) ."
This name shall be used for all correspondence, billing statements, directory
listings, references, signs, vehicle identification, etc. The words "Owned and
Operated by (Permittee's Name) " is authorized.
(4) Solid waste collection vehicles shall be washed at least once every seven
(7) calendar days.
(5) " (Permittee's Name) ", a local or toll free telephone number, and
vehicle number shall be visibly displayed on all vehicles in letters and figures
no less than five inches (5") high. All refuse collection vehicles shall
display display the seal of the City of Diamond Bar with the words "Serving
the City of Diamond Bar" in letters no less than eight - inches (8") high
(6) All collection vehicles provided by Permittee and designated for 'I the
collection of refuse or recyclables shall display the following decal to be
provided by the City: "Reduce -Reuse -Recycle: It's Everyones' Responsibility."
SECTION 23. PUBLIC ACCESS TO PERMITT
EE
A. Office Hours. Permittee's office hours shall be, at a minimum, from 8:00 a.m'' to
5:00 p.m. daily, on all collection days. A representative of Permittee shall be
available during office hours for communication with the public at Permittee's
principal office. Normal office hours telephone numbers will either be a local or
toll free call. Permittee shall also maintain a local , or toll free after hours telephone
number for use during other than normal business hours. Permittee shall have a
representative or answering service available at said after-hours telephone number
during all hours other than normal office hours.
B. Service Complaints.
(1) All customer complaints shall be directed to Permittee. Permittee shall record
all complaints received by mail, by telephone or in person (including date,
name, address of complainant and nature of complaint). Permittee agrees to
use its best efforts to resolve all complaints by close of business of the
second business (waste collection) day following the date on which such
complaint is received. Service complaints may be investigated by the City
Manager or the Manager's designee. Unless a settlement satisfactory to
complainant, the Permittee and the Manager's designee is reached, the
complainant may refer the matter to the City Manager for review.
25
(2) Permittee will maintain records listing the date of consumer complaints, the
customer, describing the nature of the complaint or request, and when and
what action was taken by the Permittee to. resolve the complaint. All such
records shall be maintained for a period of three (3) years, and shall be
I available for inspection by City. Permittee shall prepare monthly summaries
of consumer complaints. The summaries shall be available and delivered
monthly to the City Manager or the City Manager's designated representative.
C. Government Liaison Person. The Permittee shall designate a "government liaison
person" who shall be responsible for wor sing with the City Manager or the City
Manager's designated representative to resolve consumer complaints. The City
Manager shall be made aware of the none, position, telephone number of this
individual, and in the event the "government liaison person" is changed for whatever
reason, the Permittee shall notify the City Manager within forty-eight (48) hours of
the change. The City Manager may request that the Permittee change its
"government liaison person" at any time by notifying Permittee in writing, stating
the reasons for such request.
GOVERNMENT LIAISON:
(Title)
(Telephone)
SECTION 24. RESOLUTION OF DISPUTED CUSTOMER COMPLAINTS.
A. The Permittee shall notify customers of this complaint arbitration procedure at the
time customers apply for service, and subsequently, annually.
B. A customer dissatisfied with Permittee's decision regarding a complaint may ask the
City review the complaint. To obtain this review, the customer must request City
review within 30 days of receipt of Permittee's response to the Complaint, or within
45 days of submitting the complaint to the Permittee, if the Permittee has failed to
respond to the complaint. The City may extend the time to request its review for
good cause.
C. Before reviewing the complaint, the City Manager shall refer it to the Permittee.
If the Permittee fails to cure the complain: within ten (10) days, the City Manager
shall review the customer's complaint and determine if further action is warranted.
The City Manager may request written statements from the Permittee and customer,
and/or oral presentations.
F.
D. The City Manager shall determine if the customer's complaint is justified, and if so,
what remedy, if any, shall be imposed. The remedy under this Section shall be
limited to a rebate of customer charges related to the period of breach of any of
26
the terms of this Agreement or a penalty of up to $100 for any single event or `
series of related events, _ or any actual damages.
E. The City Manager may delegate his duties to a designee. The decision of the City i„
Manager or his designee shall be final on any matter under Five Thousand Dollars
($5,000.00). In the event of a decision on a matter ,Awarding five thousand dollars
or more ($5,000.00), Permittee may seek review pursuant to Section 13, above.,
SECTION 25. OWNERSHIP OF SOLID WASTE.
(a) Once refuse, compostables and recyclables are placed in containers or bins for
collection or at curbside, ownership shall transfer to Permittee. Subject to
Permittee's duty to meet the source reduction and recycling goals which apply to'
City, Permittee is hereby granted the right to retain, recycle, compost, dispose of
and otherwise use such refuse, compostables and recyclables, or any part thereof,
in any lawful fashion or for any Iawful purpose desired by Permittee.
(b) Subject to the provisions of this Agreement, City, at the City's sole option,
shall have the right to retain any benefit and share with the Permittee up to one-half
of the profit resulting from its right to retain, recycle, compost, dispose of or use
the refuse or recyclables which it collects. At such time as the City and Permittee
share any profits resulting from the sale of refuse, recyclables and/or compostables
which it collects within the Permit Area, the City and Permittee may negotiate a
rate increase or decrease accordingly.
(c) All refuse, compostables, recyclables, street and construction debris, or any part
thereof, which is disposed of at a disposal site or sites (whether landfill,
transformation facility, transfer station or material recovery facility) shall become the
property of the owner or operator of the disposal site or sites once deposited there
by Permittee.
(d} City; at its sole discretion, shall retain the right to direct which solid waste
disposal facility, transformation facility, transfer station, or_ material recovery facility
shall be used by Permittee to retain, recycle, compost, process, and dispose of solid
waste and construction debris generated within the Permit Area.
SECTION 26. INDEMNIFICATION AND INSURANCE.
A. Indemnification of City. Permittee agrees that it shall protect, defend with counsel
approved by City, indemnify and hold harmless City, its elected officials, officers,
employees 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 Permittee's exercise of its responsibilities under this
Agreement, unless such claim is due to the sole negligence or willful acts of Ithe
City, its officers, employees, agents or contractors, or from the City's grant of a
Permit to Permittee. Subject to the scope of this indemnification and upon demand
of the City, made by and through the City Attorney, the Permittee shall appear, in
27
fT �� :.". �.•, m A,,II �i ii �' .,aR��,I
_. P 4
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 this
_ Agreement.
B. indemnification of Permittee. The City shall indemnify, defend and hold the
Permittee, 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 attorneys'
fees) arising from or in any manner related to the sole negligence or willful acts
of the City, its officers, employees, agents or contractors.
C. Hazardous Substances Indemnification.
(1) Permittee shall deposit all municipal solid waste collected in the City
at landfills which have been properly permitted by the Regional Water
Quality Board and the California Integrated Waste Management Boards, which
are classified as Class 3 landfills (landfills designated to receive only
municipal solid waste), and which are not on or being considered for
inclusion on a state or federal Superfund list. Permittee shall have an
affirmative duty to, annually or, if reasonably warranted, more frequently,
obtain copies of permits issued for all disposal facilities at which it disposes
of City's waste, inspect all such facilities, and check with regulatory agencies
to ascertain the fitness of such facilities to accept waste, including whether
such facility is on a state or federal Superfund list, or is being considered
r for inclusion on such a list. Failure to conduct such due diligence, or
disposal of municipal solid waste collected in the City in violation of this
Section, to the extent it causes liability or damage to City, shall trigger
Permittee's obligation to indemnify City as set forth below.
(2) Permittee shall indemnify, defend with counsel approved by City,
protect and hold harmless City, its elected officials, officers, employees,
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 -damage, punitive damages, injuries,
costs, response remediation and removal costs, losses, demands, debts, liens,
liabilities, causes of action, suits, legal or administrative proceedings, interest,
fines, charges, penalties and expenses (including but not limited to attorneys'
and expert witness fees and costs incurred in connection with defending
against any of the foregoing or in enforcing this indemnity) of any kind
whatsoever paid, incurred or suffered by, or asserted against, City or its
officers, employees, agents or permittees 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 Substance
or hazardous waste at any place where Permittee stores or disposes of
municipal solid waste pursuant to this Agreement which arises out of the
- Permittee's failure to comply with this Section. The foregoing indemnity is
intended to operation as an agreement pursuant to Section 107(e) of the
Comprehensive Environmental Response, Compensation and Liability Act,
28
"CERCLA", 42 U.S.C. Section 9607(e) and California Health and Safety
Code Section 25364, to insure, protect, hold harmless and indemnify City
from liability.
D. AB 939 Indemnification. Permittee agrees to protect, defend (with counsel approved
by City) and indemnify City against all fines or penalties imposed by the California
Integrated Waste Management Board in the event the source reduction and recycling
goals or any other requirement of AB 939 are not met by City with respect to ,the
Permittee' proportional share of the waste stream collected under this Agreement.
E. Workers' Compensation Insurance.
Permittee shall obtain and maintain in full force and effect throughout the entire
term of this 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 maintai;ted
with the City Clerk throughout the term of this 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 Permittee for losses
which arise from work performed by the named insured for the City.
F. Public Liability Insurance.
Permittee shall obtain and maintain in full force and effect throughout the entire
term of this Agreement a Broad Form Comprehensive General Liability (occurrence)
policy with a minimum limit of `TEN MILLION DOLLARS ($10,000,000.,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. Said insurance shall protect Permittee 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 Agreement, whether such operations be by Permittee 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:
(1) "The City, its elected officials, employees, agents, and officers, are hereby
added as insureds with respect to liability arising out of activities performed
by or on behalf of Permittee."
(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." '
29
I
.. Y?, _... _ .. P 7 '� ,., i^ ,' ,a "� �Gy� H �k��Te . h�' �, ��. I?���v'i'''an.kurG"oda Hon
�. �. S pM �i,mrt�_,.�. tik.�S��"�,�I
j v,
i�A,
(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. The City shall be included
as a named insured on each of the policies, or policy endorsements.
G. Proof of Coverage. Contemporaneously with the execution of this Agreement, the
Permittee shall deposit copies of insurance policies or endorsements evidencing the
existence of policies of insurance required pursuant to this Agreement.
H. Modification. The insurance requirements provided herein may be modified or
waived in writing by the City Council upon the request of Permittee, 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 Permittee may
be self-insured up to a certain acceptable amount.
SECTION 27. ' PERMITTEE'S BOOKS AND RECORDS: AUDITS.
A. Permittee shall maintain all records relating to the services provided hereunder,
including, but not limited to, customer lists, billing records, maps, AB 939
compliance records, and customer complaints, 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. The City shall have the right, upon five (5) business days
advance notice, to inspect all maps, AB 939, compliance records, customer
complaints, and other like materials of the Permittee which reasonably relate to
Permittee's compliance with the provisions of this Agreement. Such records shall
be made available to City at Permittee's regular place of business, but in no event
outside the County of Los Angeles.
B. The City reserves the right, with due cause, to require of the Permittee that within
120 days following the end of each of the Permittee's fiscal years that occur during
the term of this Agreement, or any extension thereof, Permittee shall provide to
City an Accountant's Standard Report on Review of Permittee's financial statements
for its operations in the City. The review shall cover the Permittee's balance sheet
for the year then ended and related statements of income, number of accounts,
related expenses, and cash flow. Each review shall be conducted in accordance with
standards established by the American Institute of Certified Public Accountants.
C. Should any examination or audit of Permittee's records reveal an underpayment of
any fee required under this Agreement, the amount of such underpayment shall
30
become due and payable to City not later than fifteen (15) days after written notice
of such underpayment is sent to Permittee by City. Should an underpayment's of
more than three percent (3%) be discovered, Permittee shall bear the entire cost of
the audit and the City may assess damages and/or levy a penalty upon the Permi�ee
consistent with the terms of this Agreement.�Nh
SECTION 28. GENERAL PROVISIONS.
A. Force Majeure. Permittee shall not be in default under this Agreement in the event,
that the collection, transportation and/or disposal services of Permittee 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
Permittee. Other catastrophic events does not include the financial inability of 'the
Permittee to perform or failure of the Permittee to obtain any necessary permits, or
licenses from other governmental agencies or the right to use the facilities of any
public utility where such failure is due solely to the acts or omissions of the
Permittee. In the event a labor disturbance interrupts collection, transportation
and/or disposal of refuse by Permittee as required under this Agreement, City may
elect to exercise its rights under Section 15 of this Agreement.
B. Independent Contractor. Permittee is an independent contractor and not an officer,
agent, servant or employee of City. Permittee is solely responsible for the acts and
omissions of its officers, agents, employees, grantees and subgrantees, if any.
Nothing in this Agreement shall be construed as creating a partnership,>or-_ joint
venture between City and Permittee. Neither Permittee nor its officers, employees,
agents or subgrantees shall obtain any rights to retirement or other benefits, "ich
accrue to City employees.
C. Pavement Damage. Permittee shall be responsible for any distress, other than
normal wear and tear, to City's driving surfaces (i.e., transverse cracking, alligator
cracking, patching, rutting, etc.), whether or not paved, resulting from the weight
of vehicles providing refuse collection services at the location of bins and containers
on public property. The City Manager or his designee shall review each incident
of asphalt distress separately with Permittee to verify the full extent of damage to
City's driving surfaces. Upon verification of damages, Permittee, at Permittee's 'sole
expense, shall repair or replace, in a manner acceptable to the City, all damaged
surfaces.
D. Property Damage. Permittee shall be responsible, within reason, to repair or
replace any physical damage caused by the negligent or willful acts or omissions of
employees, grantees or subgrantees of the Permittee to private or public property.
E. Right of Entry. Permittee shall have the right, until receipt of written notice
revoking permission to pass is delivered to Permittee, to enter or drive on any
private street, court, place, easement or other private property for the purpose of
collecting or transporting refuse pursuant to this Agreement.
31
f
F. I aw to Govern: Venue. The law 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 Los Angeles. In the event of litigation in a
U.S. District Court, exclusive venue shall lie in the Central District of California.
G. Fees and Gratuities. Permittee shall not, nor, shall it permit any agent, employee
or subgrantees employed by it to, request, solicit, demand or accept, either directly
or indirectly, any compensation or gratuity for the collection of refuse otherwise
required to be collected under this Agreement.
H. Prior Agreements and Amendment. This Agreement is intended to carry out City's
obligations to comply with the provisions of the California Integrated Waste
Management Act of 1989, ("AB 939") 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 m time to time may be amended. In the event
that AB 939 or other state or federal laws or regulations enacted after this
Agreement has been enacted, prevent or preclude compliance with one or more
provisions of this Agreement, such provisions of this Agreement shall be modified
or suspended as may be necessary to comply with such state or federal laws or
regulations. No other amendment of this Agreement shall be valid unless in writing
duly executed by the parties.
I. Compliance with Laws. Permittee shall comply with all applicable laws, regulations
and orders, including, but not limited to those provisions of the City Council which
�— are applicable, and with any and all amendments to such applicable provisions
during the term of this Agreement.
J. Notices. All notices required or permitted to be given under this Agreement shall
be in writing and shall be personally delivered or sent by telecopier or United States
certified mail, postage prepaid, return receipt requested, addressed as follows:
To City: City of Diamond Bar
21660 E. Copley Drive, Suite 100
Diamond Bar, California 91765
Attention: Terrence L. Belanger, City Manager
Telecopier: (909) 861-3117
Copy to:
To Permittee:
32
Copy to:
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.
K. 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.
L. Exhibits Incorporated. Exhibits "A" through "H" are attached to and incorporated
in this Agreement by reference.
M. Identification Required.
(1) Permittee shall provide its employees, grantees and - subgrantees with
identification for all individuals who may make personal contact with residents
of the City.
(2) The Permittee shall provide a list of current employees; grantees and
subgrantees to the City upon request. The City may require the Permittee
to notify customers yearly of the form of said identification.
Ni Non -Discrimination.
(1) Permittee shall not discriminate against any employee or applicant for
employment because of age, race, religion, creed, color, sex, martial status, sexual
orientation, political ideology, ancestry, national ' origin, , or the presence of 'any
mental or physical handicap, unless based upon a bona fide occupational
qualification. The Permittee shall take affirmative action to ensure that applicants
are employed, and that employees are treated during employment without regard to
their creed, color, sex, martial status, sexual 'orientation, political ideology, ancestry,
national origin, or the presence of any mental or physical handicap. Such action
shall include, but not be limited to the following: employment upgrading; demotion
or transfer; recruitment or recruitment advertising; layoff or termination; rates of
pay or other forms of compensation; and, selection for training.
(2) Permittee understands and agrees that if it violates this Non-discrimination
provision, this Agreement may be terminated by the City, as provided for in Section
12, and further that the Permittee shall be barred from performing any services for
the City now or in the future, unless a showing is made satisfactorily to the City a
that discriminatory practices have been terminated and that a recurrence of such
action is unlikely.
W?
EXHIBIT H
SOURCE REDUCTION AND RECYCLING ELEMENT
INTEGRATION PLAN
A. Permittee shall divert, through a combination of source reduction, recycling, and
composting programs as identified in the City's Source Reduction and Recycling
Element (SRRE) and incorporated herein, twenty-five percent (25%) of their
proportional share of the City's waste stream by January 1, 1995, and if this
Agreement remains in effect until January 1, 2000, fifty percent (50%) by
January 1, 2000. Permittee agrees that it will expend all funds reasonably
necessary to design, develop, and provide the equipment necessary to implement
such programs as identified herein and that City shall not be required to expend
any funds whatsoever in regard thereto.
B. If a shortfall exists, the Permittee agrees that it will cooperate, participate
and consult with City to implement contingencies measures as identified in
the City's Source Reduction and Recycling Element (SRRE) and incorporated
herein.
WITNESS the _execution of this Agreement on the day and year written above.
CITY OF DIAMOND BAR
By
Terrence L. Belanger, City Manager
ATTEST:
By
Lynda. Burgess, City Clerk
PERMITTEE
By
i
(Title)
an
APPROVED AS TO FORM:
City Attorney
35
ACKNOWLEDGMENT
STATE OF
ss.
COUNTY O>7
On 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 DIAMOND BAR AND
FOR THE COLLECTION, TRANSPORTATION, RECYCLING, COMPOSTING AND
DISPOSAL OF SOLID WASTE, RECYCLABLE, AND COMPOSTABLE MATERIAL as
, on behalf of , a California
corporation, and acknowledged to me that such execution was pursuant to its bylaws or a
resolution of its board of directors.
DATE:
CORPORATE SEAL
0
EXHIBIT A
PERMIT AREA H
irNrs ,
y1
All portions of the City shown on the map attached as Exhibit A -l.
37
�aFJ9J1
EXHIBIT B
SPECIAL WASTES
Flammable waste.
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 chemical substances,
commercial products or any other special wastes.
Contaminated soil, waste, residue, debris and articles from the cleanup of a site or facility
formerly used for the generation, storage, treatment, recycling, reclamation or disposal of
any other special wastes.
- Dead animals.
Manure.
Waste water.
Explosive substances.
Radioactive materials.
Materials which have been exposed to highly infectious or contagious diseases.
Hazardous materials (Excluding Used Motor Oil).
Any cylinder, container or mechanical device containing or known to contain
chlorofluorocarbons (CFC), halogenated hydrocarbonic gas, compessor oils, PCB bearing
capacitors, and mercury thermostats. This includes, but is not limited to: foreign and
domestic automobile air-conditioning systems; industrial and retail refrigeration systems;
polyurethane and non -polyurethane foam; and other sources.
Any mechanical device, appliance, and automobile equipment containing enough metal to
make salvaging economically feasible.
38
EXHIBIT C
RECYCLING PROGRAM
A. Permittee agrees that it will cause at least twenty-five percent (25%) of its 0
proportional share of the waste stream collected under this Agreement to be diver
from ultimate deposit in landfills or transformation facilities by January 1, 1995, ' in
accordance with the regulations implementing the California Integrated Waste
Management Act of 1989 as amended (also known as "AB 939").
B. Not later than 90 days after the execution of this Agreement, Permittee shall
institute a curbside recycling program for single-family residences. The Permittee
shall provide a container(s) or suitable alternative, as approved by the City Manager,
capable of storing a minimum of 36 -gallons of commingled recyclables to be mLde
available for weekly curbside pickup. Any container provided pursuant to tris
Section shall be at the Permittee's expense and shall meet the specifications for
containers as set forth in Exhibit "G" herein. Containers that are stolen and, or
damaged will be reasonably replaced by Permittee, at Permittees' sole expense, upon
request of the customer. If a repetitive pattern of loss or damage exists, the
Permittee may, with the approval of the City Manager, charge the customer for a
replacement container. The Permittee shall replace all containers damaged due to
normal wear and tear within one (1) week after notification.
C. Not later than 120 days after the execution of this Agreement, Permittee, at
Permittees' sole expense, shall provide technical assistance and on-site waste audits
to commercial subscribers and multi -family residences as set forth in Exhibit "F." .,.
Upon determination of the types of waste categories that can be reduced or recycled
at a specific location, Permittee shall provide, at minimum, a three (3) cubic yard
bin or suitable alternative capable of storing source separated recyclable materials
to be made available for as needed pickup of recyclable material. Bins shall be
provided by Permittee, at Permittee's expense, and shall meet the specifications for
containers as set forth in Exhibit "G" herein. Bins that are stolen and/or damaged
will be reasonably replaced by Permittee, at Permittees' sole expense, upon request
of the customer. If a repetitive pattern of loss \or damage exists, the Permittee
may, with the approval of the City Manager, charge the customer for a replacement
bin. The Permittee shall replace all bins damaged due to normal wear and tear
within one (1) week after notification.
D. Permittee shall, to the extent economically feasible, provide construction and
demolition waste recycling services for some inert solids that can be recycled for
reuse in the construction industry. Such inerts may include but are not limited I to:
rock, concrete, brick, sand, soil, asphalt, and wood.
E. Permittee guarantees to City that said twenty-five percent (25%) of its proportional
share of the waste stream collected under this Agreement shall be diverted annually
by January 1, 1995, and if this Agreement remains in effect until January 1, 2000,
fifty percent (50%) shall be diverted by January 1, 2000 as required by AB Q39,
as amended. If a shortfall exists, the Permittee agrees that it will cooperate,
participate and consult with City to implement contingencies measures as identified
39
r.r, . ...m,nn ,., �. .,
1 d,
in the City's Source Reduction and Recycling Element (SRRE) and incorporated
herein as Exhibit "H." Permittee will be responsible to implement the public
education and awareness portion of the SRRE as set forth in Exhibit "F". The
failure. of Permittee to achieve these goals shall be deemed a material breach of this
Agreement.
F. Permittee 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 Los Angeles throughout the term of this Agreement wherein its
performance under this program is set forth in detail.
G. The parties contemplate that the City may elect to require the use of residential
refuse barrels equipped for use in automated refuse and recyclable collection
systems, in conjunction with the use of a materials recovery facility, to recover
recyclables.
(1) At such time as a materials recovery facility (MRF) becomes available to
accept the solid waste from the Permit Area covered by this Agreement, City
may at its sole option and upon three (3) months notice, require Permittee
to implement an automated collection system. City and Permittee will
negotiate a reasonable adjustment in rates. Permittee, at Permittee's sole
expense, will provide containers equipped for use in the automated collection
system. If City elects to require Permittee to use a fully automated
collection system, Permittee shall provide each Single Family Residence with
containers equipped for automated collection. If any customer requests an
additional container or containers, Permittee shall provide -the additional
�m. container or containers and may charge an additional monthly fee, in an
amount approved by the City Council.
(2) City agrees that it will cooperate, participate and consult with Permittee in
an effort to develop a new solid waste Material Recovery Facility Site which
is mutually acceptable to City and Permittee. In the event such a jointly
selected site is located during the term of this Agreement, Permittee agrees
that it will expend all funds reasonably necessary to acquire, design, develop,
construct and permit such a MRF, and that City shall not be required to
expend any funds whatsoever in regard thereto.
Ell
EXHIBIT D
YARDWASTE PROGRAM
A. Not later than 180 days after the execution of this Agreement, Permittee shall'
institute a voluntary backyard ygrdwaste program, by providing the first 100 single-
family residential customers that register with a composting bin appropriate for the
controlled biologically decomposition of organic materials (i.e., yardwastes).
Permittee, at Permittees sole expense, shall provide a composting bin that) is
constructed from not less than 15% post -consumer recycled plastic and is of a size,
weight, nature and type as approved by the City Manager as to be minimally
intrusive on the community with respect to aesthetics, vector control, ease of use
and other factors necessary to minimize the impacts of this program. In addition,
Permittee, at Permittees' sole expense, shall provide all necessary technical assistance
and educational materials to advise participants on proper composting techniques and
answer any questions or problems relating to the program.
B. Permittee, at Permittees' sole expense, shall provide, to the City for demonstration
purposes, up to four (4) composting bins of a size, weight, nature and type to be
minimally intrusive on the community with respect to aesthetics, vector control, and
ease of use. These bins shall be delivered to public facilities (e.g., parks)
designated by the City Manager within two (2) weeks after notification. In addition,
Permittee agrees to assist City in developing a public outreach campaign by
providing educational material, as well as an individual, knowledgeable on
composting/organic gardening or other related topics, to lecture in up to two (2) F
composting demonstration events per year.
IJ
C. Notwithstanding the provisions contained in paragraph "A," of this Exhibit, City
may, at its sole option `and upon six (6) months notice, require Permittee to
implement a mandatory curbside yardwaste collection program for single family
residences. At such time as a yardwaste program becomes mandatory within the
Permit Area covered by this Agreement, Permittee shall file with the Office of the
City Clerk a Schedule of Charges for this service. Permittee, at Permittee's sole
expense, shall, at a minimum, provide one (1) 100 -gallon container for use in the
curbside yardwaste collection program. If any customer requests an additional
container or containers, Permittee shall provide the -additional container or containers
and may charge an additional monthly fee pursuant to the Schedule of Charges as
set forth in Exhibit "E "
(1) City agrees that it will cooperate, participate and consult with Permittee to
develop a curbside yardwaste collection program which is 'mutually acceptable
to City and Permittee. In the event such a program is implemented during
the term of this Agreement, Permittee agrees that it will expend all funds
reasonably necessary to design, develop, and provide the equipment necessary
for such a program, and that City shall not be required to expend any funds
whatsoever in regard thereto.
(2) Upon implementation of this program, Permittee guarantees to divert, in 'a
manner acceptable to the California Integrated Waste Management Board,
41
}i.. 77 ,�,.,�� ii. i, r �, 7r �rr
ba ^.�
�L nf�� 1 Lg
'�i� � w�
50 % of the total yardwastes from single family residences by the first
anniversary date of the program, and if this Agreement remains in effect
until January 1, 2000, eighty percent (80%) by January 1, 2000. If a
shortfall exists, the Permittee agrees that it will cooperate, participate and
consult with City to implement contingencies measures as identified in the
City's Source Reduction and Recycling Element (SRRE) and incorporated
herein as Exhibit "H." Permittee will be responsible to implement the public
education and awareness portion of the SRRE as set forth in Exhibit "F".
The failure of Permittee to achieve these goals shall be deemed a material
breach of this Agreement.
D. Permittee 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 Los Angeles throughout the term of this Agreement wherein its
performance under this program is set forth in detail.
42
EXHIBIT E
SCHEDULE OF CHARGES
Permittee BillingL
= 1. Residential Collection, Disposal and Recycling
Services:
A. Single Family Residences: $
per month.
B. Special Services per Single Family Residence:
o Senior Discount 15-1 off services rendered
2. Commercial/Multi-family Bin Rates (Selected Bins
- Monthly Rate)*
First Bin
2 Cubic Yard 1 x week $
First Bin
Each Additional Bin
3 Cubic Yard 1 x week $
$
2 x week $
$
3 x week $
$
" f'
4 x week $
$
5 x week $
$
6 x week $
$
First Bin
Each Additional Bin
6 Cubic Yard 1 x week $
$
2 x week $
$
3 x week $
$
4 x week $
$
5 x week $
$
6 x week $
$
3. Recycling Services:
A. Commercial/Multi-family (one 3 cubic yard bin - Monthly Rate)
1 x week
$
2 x week
$
B. Industrial/Rolloff 40, 10 cubic yard container
(Designated Items - Per Dropoff) $
43
4. 40 cubic yard Rolloff Container $
5. 10 cubic yard Rolloff/Lowboy Box $
C -
6. Temporary Service (3 cubic yard/l pickup) $
7. Redelivery and Reinstatement Charge $
44
0
EXHIBIT F
PUBLIC INFORMATION AND EDUCATION
A. Public Education and Information Generally rp;6
The mission of the public education and information program shall be to create
widespread awareness of diversion activities taking place in the community, as well
as motivate participation in all of the City's recycling and composting programs.
B. Public Education and Information Program
(1) Not later than 90 days after the execution of this Agreement, Permittee, at
Permittees' sole expense, shall prepare and implement a multilingual public education
and information program consistent with the Public Education Component of the
City's Source Reduction and Recycling Element (SRRE). The program shall be
prepared in coordination with the City and well in advance of the introduction any
service sanctioned by the City. This program shall, at a minimum: familiarize
residents, property managers, business owners/managers, and designated institutional-
representatives
nstitutionalrepresentatives with essential waste reduction and recycling concepts; explain the
benefits of recycling and composting (if applicable); explain the purpose and the
manner of the City sanctioned recycling and composting programs; emphasize the
materials to be collected; show the convenience of the whole range of activities in
the City (both existing and proposed); and how to obtain further information. The
City may supplement the program with newsletters and other means of
communicating with the public. The content of all written materials is subject to '
the review and approval of the City Manager.
(2) The public education and information program shall be consistently presented
throughout the service area and shall be at the cost of the Permittee. Publicity must
emphasize all materials to be collected. In addition, the Permittee shall provide
assistance to the City Manager or a designee in City wide publicity; attending
interviews scheduled with the media and attending meetings with representatives of
the solid waste and secondary materials management industries, in order to explain
the program.
(3) The Permittee, at Permittees' sole expense, shall develop, in conjunction with
area school authorities, curricula that can be used to educate students about source
reduction, recycling, composting, and special waste.
C. Technical Information Sheet
The Permittee shall prepare a technical information sheet which explains the
operation of the their services, the delivery schedule for bins and containers (where
necessary), material preparation, the garbage/recycling/composting rate structure (if
applicable), and the anticipated affect that will have on the waste generation habits
and waste stream volumes of the City. This sheet, along with an official City of
Diamond Bar letter, shall be delivered by the Permittee one (1) week prior to:, the
start of collection.
45
D. City Letter
The City Manager shall prepare an official City letter which will briefly explain the
program background, the program implementation schedule; and the responsibility
of the participants. This letter shall be printed, at no expense to the City, by the
Permittee and should be distributed in conjunction with the technical information
sheet.
E. Waste Evaluations
Not later than 120 days after the execution of this Agreement, Permittee, at
Permittees' sole expense, shall, upon request, provide technical assistance to
commercial subscribers. Such assistance may include but is not limited to:
educational materials, workshops which promote source reduction practices at
commercial sites, and on-site waste audits which identify types of waste categories
that can be reduced or recycled at a specific location.
F. Ongoing Information and Education Efforts
The on-going public information and education program shall be designed to increase
public participation in waste reduction and recycling throughout the length of the
Agreement. Activities shall be designed to maintain and maximize citizen
participation in the City's programs. The Permittee shall keep the public informed
of the program and encourage participation through at least two (2) promotional
mailings or other suitable publicity, as approved by the City Manager, annually.
G. Evaluation
The Permittee shall, at a minimum, coordinate with the City in developing a
evaluation methodology for determining the effectiveness of the public information
and education campaign. This methodology shall track, at a minimum: the degree
to which residential and commercial customers measurably increase their awareness
of waste reduction and recycling; fluctuation in recycling volumes and participation
rate corresponding to the Permittees' promotional campaign; overall increases in
participation and recycling volumes; and, a discussion of the program's highlights
including types of problems and the measures taken to resolve the problems and
increase efficiency.
46
EXHIBIT G
MINIMUM CONTAINER SPECIFICATIONS _
Each residential container provided by the Permittee, pursuant to this Agreement, shall meet :'lu
the City's specifications regarding size, weight, nature and type as to be minimally intrusive
on the City with respect to aesthetics, vector control, ease of use and other factors
necessary to minimize the impacts of the collection, disposal, transportation, recycling, and
composting of solid waste. Permittee shall, at a minimum, provide containers that are
constructed of rigid, durable, and not less than 15% post -consumer recycled plastic material
with a minimum five (5) year life expectancy warranted by the manufacturer. Any
deviations from the specifications established by the City pursuant to this Agreement shall
be approved in writing by the City Manager.
Each commercial bin provided by the Permittee, pursuant to this Agreement, shall meet the
City's specifications regarding size, weight, nature and type as to be minimally intrusive
on the City with respect to aesthetics, vector control, ease of use and other factors
necessary to minimize the impacts of the collection, disposal, transportation, recycling, and
composting of solid waste. Permittee shall, at a minimum, provide bins that are
constructed of rigid, durable metal and shall have a minimum five (5) year life expectancy
warranted by the manufacturer. Containers shall have the name and the phone number of
the Permittee clearly visible on two (2) sides in letters and numbers not less than three (3)
inches in height. Any deviations from the specifications established by the City pursuant
to this Agreement shall be approved in writing by the City Manager.
I
47
n. i,.,^.�I �� df�a w s :hlt rr a a-ra VR t�+� *75"�I� 1'l. F.7 .��ry
,,� •C �i �I � 1 i bI",Tao .., , t _ �„ .{ J „ C� 9 %,. 4x k $