HomeMy WebLinkAboutRES 90-95-ARESOLUTION NO . 90-95A
A RESOLUTION OF THE CITY
BAR ESTABLISHING A PERMIT
DISPOSAL OF SOLID WASTE.
A. RECITALS
COUNCIL OY THE CiTy QV DIAXOND
SYSTEM FOR THE COLLECTION AND
(i) 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
(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 awount of
solid wastes collected and disposed of, as well as, the amount
and type of materials 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 hens 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
transport the same over any public street or right-of-way, unless
a permit to do so has first been obtained from the City Council,
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 of this Ordinance and any other regulation
which have been adopted pursuant to that Ordinance; and
(v) All legal prerequisites to the adoption of this
Resolution have occurred.
B. RESOLUTION
NOW, THEREFORE, TRE CITY COUNCIL OF TEE CITY OF DIAMOND BAR
DOES RESOLVE, DETERKINE 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 I5 day Dec er' '92.
MAYOR
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar do
hereby certify that the foregoing Resolution was passed,
approved and adopted at the regular meeting of. the City
Council of the City of Diamond Bar held on]„5- day of
December , 1992, by the following vote:
AYES: COUNCILMEMBERS Forbing, Werner, MacBride
MPT/Papen, M/Miller
NOES: COUNCILMEMBERS None
ABSENT: COUNCILMEMBERS None
ABSTAINED: COUNCILMEMBERS None
D
ATTEST
Lyn a Burgess, Citf Clerk
TABLE OF CONTENTS
SECTION PAGE
SECTION 1. GRANT OF PERMIT FOR COMMERCIAL,
RESIDENTIAL, CONSTRUCTION, INDUSTRIAL, AND
TEMPORARYBIN SERVICES ............................ 2
SECTION 2. DEFINITIONS ...................................... 2
SECTION 3. ACCEPTANCE: WAIVER ............................... 5
SECTION4. PERMIT AREA ....................................... 5
SECTION 5. SERVICES PROVIDED BY PERMITTEE .................... 5
SECTION 6. AB 939 ADMINISTRATIVE FEE ......................... 9
SECTION7. PERMIT FEES ....................................... 9
SECTION8. PERFORMANCE DEPOSIT ............................... 9
SECTION 9. TERM AND RENEWAL.. 10
SECTION 10. PERMIT TRANSFERRABLE: CITY
CONSENTREQUIRED .................................. 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
SECTION16. 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
SECTION21. COMPENSATION ...................................... 21
- SECTION 22. COLLECTION EQUIPMENT .............................. 23
SECTION 23. PUBLIC ACCESS TO PERMITTEE ........................ 24
SECTION 24. RESOLUTION OF DISPUTED CUSTOMER COMPLAINTS........ 25
SECTION 25. OWNERSHIP OF SOLID WASTE .......................... 26
SECTION 26. INDEMNIFICATION AND INSURANCE ..................... 26 -
SECTION 27. PERMITTEE'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
H
SOURCE REDUCTION AND RECYCLING ELEMENT
INTEGRATION PLAN
AGREEMENT BETWEEN THE CITY OF DIAMOND BAR
AND
FOR THE COLLECTION, TRANSPORTATION, RECYCLING, COMPOSTING
AND DISPOSAL OF SOLID WASTE, RECYCLABLE
AND COMPOSTABLE MATERIAL
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
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 becoming a "generator" or
an "arranger" as those terms are used in CERCLA s 107(a)(3), and 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, transportation, recycling, composting and disposal of solid
waste, recyclables and compostables generated within the City limits;
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
RCIAL. RESIDENTIAL
This Agreement grants a solid waste permit (hereinafter, "Permit") as defined in SECTION 2.,
below, to , pursuant to Ordinance No. 2 (1990) of the City of
Diamond Bar (hereinafter, "Ordinance 2-90") 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 judicial findings.
SECTION 2.
Whenever any term used in this Agreement has been defined by Ordinance No. 2 (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.
D. "Bulky Goods" means discarded household finniture, 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
2
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, 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„ or the Comprehensive
Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. ss 9601 rd
zq,, 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.
L. "Industrial Waste" means all solid waste and semi-solid waste which results from industrial
processes and manufacturing operations.
M. "Multi -Family Residences" means residential units such as apartments, condominiums and
townhomes, other than Single Family Dwellings, 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.
K7
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 recyclables, 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 2-90 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 a material which can be reused or processed into a form
suitable for reuse through reprocessing or remanufacture, consistent with the requirements of the
California Integrated Waste Management Act, and includes 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.
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.
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.
4
Y. "Special Wastes" shall mean all the items and materials which are set forth in Exhibit "B,"
"S2Wjal Waste".
SECTION -1 ACCEPTANCE' WAIVER.
Permittee agrees to be bound by and comply with all the requirements of Ordinance 2-90, 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 2-90 under federal, state or local
law, or administrative regulation, as such laws and regulations exist as of the date of execution
of this Agreement. Permittee waives any right or claim to serve the City or any part of the City
under any prior grant of franchise, contract, license or permit issued or granted by any
governmental entity including any right under Section 49520 of the Public Resources Code.
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-
xi. ' g� +. ent. 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 2-90 and the provisions of this Agreement.
A. General. Permittee shall provide Refuse, Compostables and Recyclables collection,
transportation, disposal, recycling and marketing services within the Permit Area in
accordance with the teams of this Agreement and Ordinance 2-90.
(1) MEalb Service. Once each week Permittee shall collect and remove solid 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 Penmittee's normal 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 this refuse and recyclables collection system. 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
5
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 2-90.
(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 area shall not start before 6:30 a.m. or continue after
6 p.m., Monday through Friday unless otherwise provided for in Ordinance 2-90.
(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 -F roily Residences Permittee shall collect and
remove all solid waste that have been placed in bins, from all 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 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. The Permittee shall replace all bins damaged
due to normal wear and tear within one (1) week after notification.
(1) Multi-Family3Y=JdyService. 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 In_dustdal WcelayService. 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 6:30 a.m. or
Pi
continue after 6 p.m., Monday through Friday unless otherwise provided for in
Ordinance 2-90.
(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 TemnoMry Bin/Rolloff Services Permittee shall provide
construction and temporary bin/rolloff services in accordance to the Schedule of
Charges as set forth in Exhibit T. "
E. Collection on Holidgys. 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 2-90. The following holidays willbe observed:
New Year's Day Labor Day
Memorial Day Thanksgiving Day
Independence Day Christmas Day.
F. Recycling Prog=. 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."
G. Used Motor Oil. Permittee, at Permittees' sole expense, shall collect up to four
(4) 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 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. Ho i y Tree RWJMlij)L Permittee shall collect, transport and recycle as mulch
all Holiday trees which are placed at the curbside, from their single family
residbnces 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
7
a schedule of charges for special waste services with the Office of the City Clerk.
K. BulkyGoods Pick -Un 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.
Permittee shall use whatever equipment is necessary for collection providing that
a compaction mechanism is not used to compact the bulky goods.
L. Cily Facilities. Permittee, at City's sole option, may provide refuse collection and
recycling services to the following locations within the Permit Area, at no
additional charge to City or the entities listed:
(a) All public facilities (i.e., City Hall, City Parks, etc.)
(b) County Fire Stations
(c) All public school facilities
(d) Any organization, as approved by the City Manager, with non-profit status
(i.e., YMCA)
M. Pick -Ug of Megaly Dumped Bulky Goode 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 un of -Waste Enclosures or Overflowing Bins Permittee Shall exercise all
LLIA
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. Dieter PreDlte dness ConWners Permittee shall, at no additional charge,
provide at a minimum one (1) container of a size, design and weight as approved
by the City Manager which is suitable. to store all necessary supplies and
equipment that may be needed in the event of a disaster to the City and all public
schools within Permit Area. The location and number of additional containers
shall be determined by the City Manager and provided by Permittee based on
their proportional ratio of Residential Subscribers as determined by the City
8
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%) 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
discount to each single family Residential Subscriber meeting the eligibility
requirements set forth in Section 21. This discount shall be applied upon request
to all services provided by Permittee.
SECTION 6. AB 939 ADMMSIRATIVE 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.
A. AF,ylication Fee. The Permittee shall, within thirty (30) days after execution of this
Agreement, remit to City for its reasonable costs of granting a Permit, a non-refundable
application fee not to exceed Ten Thousand Dollars ($10,000.00).
B. Annual Permit Fee, The Permittee shall remit to City, on or before the effective date
Of this Agreement, an annual permit fee of One Thousand Dollars ($1,000.00) or such
fee as determined from time to time hereafter by Resolution of the City Council. 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.
A. ComFlian=nd. 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
E
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.
B. Faithful Performance D=sit 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 (5) 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 RENEW -AL.
A. Permits issued pursuant to the provisions of this Agreement shall expire on December
1st of the year in which 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
10
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 2-90. The term of this Permit shall become effective 7anu= 1.
JM, and remain in effect for twelve months (12) 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.
SECTION 10. PERMIT TRANSFERRAME: CITY CONCENT REOUIREn
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
2-90 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.
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 expanses. In addition, the
Permittee shall reimburse the City for all costs not covered by the transfer fee. Bills
11
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.
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 obtain
in similar cities in Southern California, the provisions of this Agreement, the
requirements of Ordinance 2-90, 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 that 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 ten 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
12C -D, 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 person, 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
12
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.
(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 rase 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 2-90, 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. Temnorary DefaUh BYE 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
13
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; _
(2) be entitled to the use of Permittee's equipment during such time as City 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 fords, 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
14
this Agreement. The amount of the liquidated damages shall be increased by the
past year's consumer price index for the 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, 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.
(1) This Agreement may be terminated by either party, with or without 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. Permittee waives any right it may have
pursuant to State law or otherwise to a notice of termination period longer than
ninety (90) days and agrees to cease operations in the City within ninety (90) days
of receipt of notice that City has awarded an exclusive franchise agreement.
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
15
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.
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 apply 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 J 1294 and 11294.2.
" 0 (0) ZME1 .1RM18z cl a : .UI b1.
In addition to the remedies set forth in Sections 12-13, above, City shall have the following
rights:
A. To rent or lease equipment from Permittee for the purpose of collecting, transporting and
IV
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 1 . RIGHTS OF CITY TOPERFORM DURING FMMU CY
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 MaiCM," 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.
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
17
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 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.
A. Annual Reports. The City may require that within 120 days after the close of
Permittee's fiscal year, the Permittee shall submit a written annual report, in a form
approved by the City, including, but 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. MO lily EMM- Permittee shall submit monthly program reports for the length of the
Permit commencing upon final approval of this Agreement. These reports shall be due
within twenty (20) worldng days from the end of the month. At a minimum, the reports
shall include:
(a) Summaries of tonnage collected and disposed of by generator type,
disposal facility used and disposal fees paid;
(b) Summaries of tonnage of recycled material collected, by material, by
18
route;
(c) Summaries of tonnages of non-recyclables and contaminants disposed;
(d) Summaries of tonnages, using an approved sampling methodology, of each
material 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;
(h) Summaries of the number of service complaints by route, including the
date, nature of complaint, and how it was resolved.
C. Ad Hoc Reno, rts. 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, Lee Angels 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 allleadin
p gs, applications,
notifications, communications and documents of any kind, submitted by the
Permittee to, as well as copies of all decisions, cornespvndenve 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.
(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
19
and those of its patent, subsidiary and affiliated corporation and other entities, as
the City requests, shall be submitted to the City within thirty (30) days after
receipt of a request. _
E. Failure to RCM. 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 ATION AND EpucAnom
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. A I R .YMW OF PERFORMANCE AND QUALITY ITY OF
bERWC
A. At City's sole option, may hold a public hearing each year 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.
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:
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 refuse 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.
B. Sixty (60) days after receiving notice from the City, Permittee shall submit a report to
City indicating the following:
20
(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 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.
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.
Permittee shall file and maintain on a quarterly basis with the Office of the City Clerk,
a Schedule of Charges for services provided under this Agreement to Residential and
Commercial Subscribers within the Permit Area. A schedule of charges is incorporated
herein as Exhibit "E."
(1) SingleFamily Residential Collection DiW cal and RrrySJing Services. A
Schedule of Charges for Residential Subscribers is set forth in Exhibit "E".
(2) Commercial and Multi -family Residences Bin Collection 11+gY,w and RM Y rn
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) IndustdWiRolloff Container. A Schedule of Charges for containerized services
is set forth in Exhibit "E".
21
(4) l Services, penniftee 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 Peimittee and each customer --
requesting such special service.
(5) Special [`OLeCtiAn en^^pQ fnrT• ,
offer a Fifteen Permittee shall, at a minimum,
percent (15%) discount to any individual disability as
di
a with
defined in the title III regulation codified at 28 CFR part 36 th a di l Register
Volume 56, Number 144, July 26, 1991). This discount is applicable to all
services rendered by Permittee.
(6) Senior Ci ' n n;a...,unt 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.
(7) Redelivery F - PennIfte may charge a redelivery fee for bins removed from
commercial and/or industrial subscribers due to nonpayment, and may also
requ11e payment in advance for reinstatement of future service. A Schedule of
Charges for redelivery of bins is set forth in Exhibit "E".
B. Notice -o . The Permittee Shall
sixh+ (60) days in advance of the provide the City and customers, at least
beginning of a billing period, written notice of -the
implementation of changes in any of its rates and charges which are not subject ID
regulation by the City. The notice shall include a statement of the reasons for the rate
increase.
(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. Mle pennittee shall designate that
Portion of a custonner's bill attributable to any fees imposed upon by the City
Pursuant to this Agnxment as a separate item on customers' . bills.
(2) City may, at City's sole option, elect to bill Residential Subscribers for refuse
oollecdon and recycling through a Wcel charge. Should the City institute a
pu+eel 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.
(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
22
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() 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.
H. Rate Review. The City, at the City's sole option, may conduct an annual reviews of the
Permittee's charges for collection, transportation, recycling, composting, and disposal
services in commercial, residential, construction, and industrial areas within the City of
Diamond Bar. No sooner than sixty (60) days after the conclusion of a rate review and
after Permittee has been given written notice, the City may regulate rates for those
-- services required pursuant to this Agreement if the following condition precedents occur:
(a) Charges for solid waste collection and disposal services have increased by
more than twenty-five percent (25 %) over the previous years Schedule of
Charges as set forth in Exhibit "E."
(b) The City Council finds and determines that pursuant to California Public
Resources Code Section 40059(1) the regulation of rates charged pursuant
to this Agreement is in the public interest in that it provides reasonable
protection from excessive- charges for services and insures uniformity in
rates.
(c) The City Council, after advice of the City Attorney, determines in its sole
discretion, that it would be legal to regulate rates in the manner described
by this Section.
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
23
to noise, emissions, maneuverability, safety, fuel efficiency, and other factors
nary to minimize the impacts of the Permittees' services. All vehicles must
be kept Clean and in good repair,
older than five (5) years old. shall be uniformly painted, and shall be no
(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.
(3) Permittee has agreed to name the specific organization that shall provide all
of the services under this Agreement asThis
name shall be used for all correspondence, billing. statements, directory listings,
references, signs, vehicle identification, etc. The words "Owned and Operated
by " is authorized.
(4) Solid waste collection vehicles shall be washed at least once every seven ()
calendar days.
(5) " ", a local or toll free telephone number,anvehicle
d
number shall be visibly displayed on all vehicles in letters and figures no less than
five inches (5w) high. All refuse collection vehicles shall display the words
"Serving the City of Diamond Bar" in letters no less than eight inches (8") high.
All vehicles shall display the seal of the City of Diamond Bar, in a figure at least
twelve inches (12") in diameter. '
(6) All vehicles, high visibility bins, rolloffs, earthquaketcatastrophe
Preparedness containers, and the residential container designated as the refuse
container shall display the following decal: "$wee -R
Evervones' RN-REW ;,,_ hiliw_"The decal ycle It l
on the residential refuse container shall
be located on the side of the container that will f= the street when placed at
curbside. The small inscription area on the top of all of residential containers
shall be labeled as follows: "ply of The tn► 91f1ond Bar.*
z
SECTION 23. PUBLIC
IACCM TO
A. Off= pernlittees 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
available at said atter-hours telephone number during mother thanormal office
hours.
24
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.
(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 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 working with the City Manager or the City
Manager's designated representative to resolve consumer complaints. The City Manager
shall be made aware of the name, 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.
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 complaint 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.
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
25
rebate of customer charges related to the period of breach of any of the terms of this
Agreement ora 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 Ci
ty
Manager000or his designee shall be final on any matter under Five Thousand Dollars
($5,.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.
(a) Once refuse, compostables and recyclable are placed in containers or bins for
collection or at curbside, ownership shall transfer to Permittee,
duty to meet the source reduction and recycling goals which apply to City, Permittee is
Subject to Permittee's
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 lawful purpose desired by Permittee.
(b) Subject to the provisions of this Agreement, Cityat the City's sole option, shall
C
have the right to retain any benefit and share with the Permittee up to onahaif of the
Profit resulting from its right to retain, recycle, compost, dispose of or use the refuse or
recyclable 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 anpart
y
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
qty, transformation facility, transfer station or
used by Permittee to retain, recycle, com , recovery facility shall be
construction debris �' P�, and disPose of solid waste and
generated within the Permit Area.
SECTIO. lNDEMNMrATION A UJSU ANCF
A• on of Citi. Permittee agrees that it shall
approved by Ci protect, defend with counsel
employees and agents �d d hold harmless City, its elected officials, officers,
against any and all losses, liabilities, fine penalties
claims, damage, liabilities or judgments, including attorneys fee, 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 the 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,
26
made by and through the City Attorney, the Permittee shall appear in and defend the City
and its officers, employees and agents in any claims or actions, whether judicial,
administrative or otherwise arising out of the exercise of 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 SubsWces Indemnification. 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. The
foregoing indemnity is intended to operation as an agreement pursuant to Section 107(e)
of the Comprehensive Environmental Response, compensation and Liability Act,
"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
Permittees' proportional share of the waste stream collected under this Agreement.
. e . r %i7i-1-7iT.ii7,
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 maintained 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
Permittees for losses which arise from work performed by the named insured for the
27
City.
Permittee shall obtain and maintain in full force and effect throughout the entire
this Agreement a Broad Form Comprehensive General Liability (occurrence)
a minimum limit of TEN MII.LION DOLLARS 10 000 000.00 policy with
) term of
MILLION DOLLARS ($ ) aggregate and ONE
($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 bodilyin'
including accidental death, as well as from any claim for injury,
arise from operations performed pursuant to this Agreement, PrtY damage which may
by Puttee itself, or by its agents, employees sub Tante such operations be
policies or endorsements evidencing the above Copies a the
with the City Clerk. All of the following endorsements insurance coverage shall be filed
of the insurance policies to be made a part
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
C
ollectible insurance the City may possess including any self-insured retention the
City may have, and any other insurance the City does possess shall be considered
excess insurance and shall not contribute with it. " --
(3) "This insurance shall act for each insured, as though a separate policy had been
written for each. This, however, will not act to increase the limit of liability of
the insuring company."
(4) "Thirty (30) days prior written notice by certified mail, return receipt
SW be given to the City in the event of suspension,requested,
-cancellation, reduction in
coverage or in limits or non -renewal of this polio, for whatever reason Such
notice shall be sent to the City Clerk.-,
The limits of such insurance coverageand 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 CgXWW. Contemporaneously with the execution of this A
pe�tw shall Agreement the
existence of Poli deposit
cies of insurance
of insurance policies or endm mgits evidencing the
required pursuant to this Agreement.
H. Modificat' on. 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.
28
• , 0 13 1 MMM
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. 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 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 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 Permittee consistent with the terms
of this Agreement.
A. Force Maieure. 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
29
shall obtain any rights to retirement or other benefits which accrue to City employees.
C. Pavement D Uk=- 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
i
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. Pronertv Da =- 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 shall be repaired or replaced.
E. Right of 93t- 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.
F. LAW 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. ;tinQ, Permittee shall not, nor shall it
subgrantees employed by it to, request, solicit, demand or taccept, 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 In
tegrated agement
Act of 1989, ("AB 939") as it from time to time may be amended,and as ite mp mented
by regulations of the California Integrated Waste Management Board ("Regulations"),
as they from time to time may be amended. In the event that AB 939 or other state or
after laws or regulations enacted athis Agreement has been enacted
Preclude compliance with one or more enacted, prevent or
provisions of this Agreement, such provisions of
this Agrceumt 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.
1. Q091jance with Laws. s. Permittee shall comply with all applicable laws
PP � ,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: (714) 861-3117
Copy to: Markman, Arczynski, Hanson, and King
Number One Civic Center Circle
P.O. Boa 1059
Brea, California 92622-1059
Attention: Andrew V. Arczynski, City Attorney
Telecopier:
To Permittee:
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 En ' tv. 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 k= raj. Exhibits "A" through "H" are attached to and incorporated in this
Agreement by reference.
1 MIM 1 1 I 'ro (" 1
(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.
31
(1) Permittee shall not discriminate against any employee or applicant for employment
because of age, race, religion, creed, color, sex
political ideolo ' martial status, sexual orientation,
gy, 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
compensation; and, selection for training. pay or other forms of
(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 e
that the Permittee shall be barred from performing any services for thCity now or in
the future, unless a showing is made satisfactorily to the City that discriminatory
Practices have been terminated and that a recurrence of such action is unlikely.
W
WITNESS the execution of this Agreement on the day and year written above.
CITY OF DIAMOND BAR
By
Gary G. Miller, Mayor
ATTEST:
By
Lynda Burgess, City Clerk
PERMITTEE
By
(Title)
By
(Title)
APPROVED AS TO FORM:
City Attorney
33
A_CKNOWLEDOMfENT
STATE OF
SS.
COUNTY OF
On ,before me
personally appeared
the person who executed the within instrument entitled Personally known to me or proved to be
OF DIAMOND BAR AND AGREEMENT BETWEEN THE CITY
TRANSPORTATION, RECYCLING, COMPOSTING AND DISPOSALFOR THE OFF SOLID WASTE,
COLLECTION,
RECYCLABLE, AND COMPOSTABLE MATERIAL as
of , a California corporation, and on behalf
acknowledged to me that such
execution was pursuant to its bylaws or a resolution of its board ac directors.
DATE: CORPORATE SEAL
34
All portions of the City shown on the map attached as Exhibit A-1.
35
EXH B --1T B
SPECIA . WASTFc
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).
36
A. Permittee agrees that it will cause at least twenty-five percent (25 %) of the waste stream
generated under this Agreement to be diverted 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 made available for weekly
curbside pickup. Any container provided 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. 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 to: rock, concrete,
brick, sand, soil, asphalt, and wood.
E. Permittee guarantees to City that said twenty-five percent (25%) of the City's waste
stream 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 I, 2000 as
required by AB 939, as amended. 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
37
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
feporting 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 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,
permit such a MRF, and that City shall not be construct and
whatsoever in regard thereto. expend any funds
38
A. Not later than 180 days after the execution of this Agreement, Permittee shall institute
a voluntary backyard yardwaste 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
Permittee's 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) composting demonstration events per year.
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 expanse, 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, Permitter 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, Permitter 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, 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,
39
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 Boar
County of Los Angeles throughout the term d, and to the of this Agreement wherein its performance
under this program is set forth in detail.
40
SCHEDULE DF ARGES
Permittee Billing
1. Residential Collection, Disposal and Recycling Services:
A. Single Family Residences: $ per month.
B. Special Services per Single Family Residence:
o Senior Discount .U& off services rendered
2. Commercial/Multi-family Bin Rates (Selected Bins - Monthly Rate)*
2 Cubic Yard
3 Cubic Yard
6 Cubic Yard
E
1 x week $
1 x week
$
2 x week
$
3 x week
$
4 x week
$
5 x week
$
6 x week
$
Firs
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 $
41
B. Industrial/Rolloff 40, 10 cubic yard container
(Designated Items - Per Dropoff) $
4. 40 cubic yard Rolloff Container $
5. 10 cubic yard Rolloff/Lowboy Box $
6. Temporary Service (3 cubic yard/1 pickup) $
7• Redelivery, and Reinstatement Charge $
42
11 ! 175. 111 .I - tv.,
The mission of the public education and information program shall be to create
widespread awareness of diversion activities taldng place in the community, as well as
motivate participation in all of the City's recycling and composting programs.
�_ • • _. � • � . 71 1 _I 111 � ! ��• C.!!
(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 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.
(4) All vehicles, high visibility bins, rolloffs, earthquake/catastrophe preparedness
containers, residential containers, published material (including project letterhead), and
advertising shall use the following logo: "Reduce-ReIU-R=Ie- Lt's Finaones,
Resno� lite-" This logo shall be used in all activities so as to identify the City as
Sponsor, integrate and unify program activities, attract attention, and send a positive
consistent message to the public to encourage participation.
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),
43
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.
D. City &W
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 yalu&fi ne
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
identify P�� at commercial sites, and on-site waste audits which
types of waste categories that can be reduced or recycled at a specific location.
F.
The on-going public information and education program shall be designed to increase
public participation in waste reduction and recycling throughout the len
Agreement. Activities shall be designed to maintain and g 8� of the
in the City's programs. The Permittee shall �� citizen participation
encoura8e Participation throe � � Public informed of the program and
publicity, as approved by the Ci at least two (2) Promotional mailings or other suitable
City Manager, annually.
G. B3WUAf=
The Permittee shall, at a minimum, coordinate with the Ci' m developing
for �a evaluation
methodology ding the effectiveness of the public information and education
campaign- This methodology shall track, at a minimum: the degree to which residential
commercial customers measurably Increase their awareness of waste reduction and
recycling; fluctuation in recycling volumes and
p��. promotianat cam participation rate corresponduhg to the
Pte; overall increRin In participad. and recycling and, a discussion of the
the n tabes to resolve the P s �� including types of problems and
problems and increase efficiency.
44
Each container 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 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.
45
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 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
will expend all funds reasonably necessary to design, develop, �� that it
equipment necessary p oP► and provide the
shall not be required to ped any fund whatsoever in reg d thereto. ed herein d that City
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.
46