HomeMy WebLinkAboutLos Altos Garbage Company (6)Franchise Agreement Between
the
Town of Los Altos Hills and Los Altos Garbage Company
for
Collection of Solid Waste, Recyclables and Yard Trimmings
This Solid Waste, Recyclables and Yard Trimmings Collection Franchise Agreement
("Agreement") is made and entered into this 11 r. 4 day of May, 2003 by and between the Town of
Los Altos Hills, a general law city of the State of California ("Town"), and the Los Altos Garbage
Company, a California corporation ("Franchisee").
RECITALS
A. The effective and orderly handling of solid waste and recyclables is an essential
component of public safety and health. Balanced regional solid waste management and planning
must be maintained and developed so as to safeguard public health, optimize the use of limited
natural resources and insure the efficient and orderly collection and disposal of solid waste and
recyclable materials.
B. It is desirable that the public recognize its ultimate responsibility to reduce, recycle
and dispose of all wastes in an environmentally sound manner and that collection and disposal rates
must be established at levels which are commensurate with the cost of carrying out that
responsibility.
C. Pursuant to powers expressly granted to cities and counties in Article XI, Section 7
of the California Constitution, and also set forth in California Public Resource Code Sections 40059
and 49300, Town has the authority within its jurisdiction to regulate the handling of solid waste.
Town accordingly enters into this Agreement pursuant to the above authority and pursuant to Town
Municipal Code, Chapter 3, Title VI.
D. Franchisee collects and disposes of solid waste in Town pursuant to a current
franchise agreement, entered into effective March 4, 1998.
E. The parties have met and agreed to modify various provisions of the current
Agreement and now desire to enter into this new Agreement to incorporate such modifications into
this Agreement. As of the date first written above, this Agreement shall supersede and replace in its
entirety the current Agreement.
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AGREEMENT
In consideration of the mutual covenants, agreements and conditions contained herein, the
parties agree as follows:
ARTICLE I
DEFINITIONS
The definitions set forth in this Article 1 shall govern the interpretation of this Agreement.
1.1 Agreement - "Agreement" shall mean this Franchise Agreement Between the Town of Los
Altos Hills and Los Altos Garbage Company for Collection of Solid Waste, Recyclables and Yard
Trimmings.
1.2 Allowable Expenses - The "Allowable Expenses" shall be $785,135 in the Base Year. The
Allowable Expenses shall be adjusted to reflect Town initiated changes in programs and services
which require an adjustment in the rate paid to the Franchisee; and adjusted as delineated in Article
12 of this Agreement.
1.3 Base Year - The "Base Year" of this Agreement is October 1, 2003 - September 30, 2004.
1.4 Bin -by -the -Day Service - "Bin -by -the -Day Service" means container service between one (1)
and eight (8) cubic yards, for a period not to exceed seven (7) days, for the collection of Solid
Wastes or Yard Trimmings. Bin -by -the -Day Services would be used by Service Recipients to
dispose of Bulky Goods and oversized Yard Trimmings that would not fit into a Solid Waste
Container as a Yard Trimmings Container. For billing and compensation purposes, all Bin -by -the -
Day Services are classified as Extra Services under this Agreement.
1.5 Bullcy Goods - "Bulky Goods" means discarded furniture; carpets; mattresses; household
appliances including refrigerators, ranges, washers, dryers, water heaters, and dishwashers and other
similar items (commonly known as "white goods"); electronic equipment such as stereos,
televisions, computers, VCRs and other similar items (commonly known as "brown goods"); and
tires. Bulky Goods does not include any motor vehicle or any subassembly, component, or part
thereof (except tires), and does not include Hazardous Material.
1.6 Commercial Service Recipient - "Commercial Service Recipient" means a business which
subscribes for service by Franchisee. Businesses generating less than 96 -gallons (up to three cans)
of Solid Waste per week may subscribe as Residential Service Recipients.
1.7 Compensation - "Compensation" is the sum of the Allowable Expenses and the Service Fee.
"Compensation" shall be $863,735 in the Base Year and adjusted as delineated in Article 12 of this
Agreement. Payment for Extra Services will be paid in addition to Compensation.
1.8 Composting - "Composting" means the controlled decomposition of organic materials.
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1.9 Construction and Demolition Debris - "Construction and Demolition Debris" includes debris
and other materials resulting from the construction or demolition of buildings and other structures;
and concrete, asphalt, rock and dirt.
1.10 Debris Box Service - "Debris Box Service" means container service in excess of eight (8)
cubic yards, for the collection of Solid Wastes. Debris Box Services would be used by Service
Recipients to dispose of Bulky Goods and oversized Yard Trimmings that would not fit into a
normal Solid Waste Container. For billing and compensation purposes, all Debris Box Services are
classified as Extra Services under this Agreement.
1.11 Designated Disposal Site - "Designated Disposal Site" means the disposal facility or site to
which Franchisee is directed by Town to transport Solid Waste collected under this Agreement.
1.12 Designated Recyclables Processing Facility - "Designated Recyclables Processing Facility"
means the Recyclables Processing Facility to which Franchisee is directed by Town to transport
Recyclables collected under this Agreement.
1.13 Designated Yard Trimmings ProcessingFacilitY - "Designated Yard Trimmings Processing
Facility" means the Yard Trimmings Processing Facility to which Franchisee is directed by Town to
transport Yard Trimmings collected under this Agreement.
1.14 Excess Service - "Excess Service" means service described in Sections 4.3.2 and 4.7.2,
which are requested by the Service Recipient above the normal services, and which are provided at
additional charge to the Service Recipient. Excess Service includes service to collect excess Solid
Waste or Recyclables on the normal day of collection.
1.15 Extra Service - "Extra Service" means services described in Sections 4.3.3, 4.5.3, 4.7.3, and
4.9, which are requested by the Service Recipient above the normal services, and which are
provided at additional charge to the Service Recipient. Extra Service includes service to collect
Solid Waste on a day other than the normal day of service, or collection of Solid Waste or Yard
Trimmings in Debris Boxes or Bin -by -the -Day Service.
1.16 Force Majeure - "Force Majeure" means acts of God, fire, landslides, storms, floods,
earthquakes, epidemics, civil disturbances, strikes, lockouts or other industrial disturbances, acts of
the public enemy, war, blockades, public riots, accidents to equipment that are not the fault of
Franchisee through lack of maintenance, negligence or otherwise, governmental restraint,
unavailability of a disposal site, and any other event which could not with reasonable diligence be
controlled or prevented by the party affected by the event.
1.17 Franchise Area - "Franchise Area" means the entire area within the city limits of Town at the
time of execution of the Agreement, including Foothill Community College, and any areas that may
be annexed to Town during the term of this Agreement.
1.18 Franchisee -"Franchisee" means Los Altos Garbage Company (LAGCo).
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1. 19 Hazardous Material - "Hazardous Material" means any material or combination of
materials which because of its quantity, concentration, or physical, chemical or infectious
characteristics may either: (a) cause or significantly contribute to an increase in mortality or an
increase in serious irreversible, or incapacitating reversible illness; or (b) pose a substantial present
or potential hazard to human health or environment when improperly treated, stored, transported or
disposed of or otherwise managed. Hazardous Material includes, but is not limited to, hazardous
wastes as defined under California or United States law or any regulations promulgated pursuant to
such law, as such law or regulations may from time to time be amended.
1.20 Holidays - "Holidays" shall mean January 1, Thanksgiving Day, and December 25.
1.21 Non -Collection Notice - "Non -Collection Notice" means a two-part form used to notify a
Service Recipient of the reasons for the non -collection of materials set out by the Service Recipient
for collection by Franchisee pursuant to this Agreement.
1.22 Operating Expenses - "Operating Expenses" means all Allowable Expenses as defined
herein.
1.23 Operating Ratio - "Operating Ratio" is the mutually agreed to rate to be used to calculate the
Service Fee. The Operating Ratio shall equal 9.1% of the Compensation.
1.24 Payment for Extra Services - "Payment for Extra Services" means remuneration to
Franchisee for services provided pursuant to Sections 4.3.3, 4.5.3, 4.7.3, and 4.9.
1.25 Rate Year - "Rate Year" means the twelve (12) month period commencing October 1 of any
year and ending September 30 of the subsequent year.
1.26 Recyclables - "Recyclables" means those materials designated in EXHIBIT A of this
Agreement; which are separated by the Service Recipient from other discards for the purpose of
returning them to economic use, and set out for collection in a Recyclables Container.
1.27 Recyclables Containers - "Recyclables Containers" means the 18 -gallon plastic bins for
recycling, to be provided under this Agreement to Service Recipients by Franchisee, and any
additional durable container approved for such purpose by Town which is provided by a Service
Recipient for collection of Recyclables and is clearly labeled as a recycling container.
1.28 Residential Service Recipient - "Residential Service Recipient" means all residences; and
shall also mean business which generate less than 96 -gallons (or not more than three 32 -gallon cans
of Solid Waste), per week.
1.29 Service Fee - "Service Fee" is the amount determined by multiplying the Allowable
Expenses and the Operating Ratio. The Service Fee shall be $78,600 in the Base Year; and shall be
adjusted annually to reflect changes in the CPI as delineated in Article 12 of this Agreement.
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1.30 Service Rates - "Service Rates" means the rates charged to a Service Recipient for services
provided by Franchisee pursuant to this Agreement. Service Rates shall be set by the City Council.
Service Rates in effect at the beginning of this Agreement are provided in EXHIBIT B.
1.31 Service Recipient - "Service Recipient" means any residence or business located in Town
which subscribes to collection services by Franchisee pursuant to Article 3 of this Agreement.
1.32 Solid Waste - "Solid Waste" means putrescible wastes including kitchen and table food
wastes; animal or vegetable wastes resulting from storage, preparation, cooking, processing, or
handling of food or food stuffs; non-putrescible wastes that are mixed in the same container with or
are contaminated by putrescible wastes; infectious wastes, such as used tissues, which are normally
produced at residential premises; small dead animals not exceeding ten (10) pounds in weight; and
any putrefactive or easily decomposable waste material which is likely to attract flies, vermin, birds
or rodents. Solid Waste does not include materials that are separated and set aside for recycling, and
does not include stable matter (manure and other waste matter normally accumulated in stables or in
livestock or poultry enclosures), Hazardous Materials, or Special Wastes.
1.33 Solid Waste Containers - "Residential Solid Waste Containers" means metal or plastic
containers of approximately 32 -gallon capacity, and plastic bags of not more than 30 -gallon
capacity, approved by the City Manager for use by Residential Service Recipients for Solid Waste
collection services under this Agreement. Franchisee shall not be required to collect Solid Waste
from an approved Solid Waste Container where the contents exceed 60 pounds in combined weight
in metal or plastic Containers, or 40 pounds in weight in plastic bags, or the volume exceeds the
capacity of the Solid Waste Container when it is closed.
"Commercial Solid Waste Containers" means metal bins of from 1 to 6 cubic yard capacity,
approved by the City Manager and provided by Franchisee for use by Commercial Service
Recipients for Solid Waste collection services under this Agreement.
1.34 Town - "Town" means the Town of Los Altos Hills.
1.35 Town Representative - "Town Representative" means the City Manager, or such Town
employee as the City Manager may designate with responsibility for environmental programs.
1.36 Working Day - "Working Day" means Monday through Saturday.
1.37 Yard Trimmings - "Yard Trimmings" means organic materials generated from tree trimming,
shrubbery pruning, vegetative garden wastes, dead plants, weeds, leaves, grass clippings, and other
non-food vegetative matter.
1.38 Yard Trimmings Collection - "Yard Trimmings Collection" means the collection of Yard
Trimmings from Service Recipients as set forth in Section 4.5.
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1.39 Yard Trimmings Containers - "Yard Trimmings Containers" means rigid containers
provided by the Service Recipient; the combined weight of the container and the Yard Trimmings
shall not exceed 60 pounds.
1.40 Yard Trimmings Toters - "Yard Trimmings Toters" means 96 -gallon wheeled containers
purchased by the Service Recipient from Franchisee.
ARTICLE 2
TERM OF AGREEMENT
2.1 Term - The term of this Agreement shall be from October 1, 2003 to September 30, 2008,
inclusive, subject to Article 16 of this Agreement.
2.2 Option to Extend Term — Franchisee shall have the option to request an extension of this
Agreement for one five-year period. Not later than eighteen (18) months prior to the termination
date of this Agreement, Contractor shall provide Town written notice of its desire to extend or not
extend the Term of this Agreement. Town, at its sole discretion, may choose to extend or not
extend the Term of this Agreement, and shall notify Franchisee of its intent within 60 days of notice
from Franchisee.
ARTICLE 3
EXCLUSIVE PRIVILEGE
3.1 Grant Of Exclusive Franchise To Franchisee - Pursuant to California Public Resources Code
Section 40059 and 49300, Town hereby grants to Franchisee the exclusive franchise to perform the
collection services described in Article 4 in Town for the term of this Agreement.
A. Collect and transport to the Designated Disposal Site and/or process for recycling all
Solid Waste generated in the Franchise Area, subject to the conditions, restrictions and
covenants of this Agreement;
B. Collect and transport for processing all Recyclables generated in the Franchise Area,
subject to the conditions, restrictions and covenants of this Agreement;
C. Collect and transport for processing all Yard Trimmings generated in the Franchise
Area, subject to the conditions, restrictions and covenants of this Agreement;
3.2 Exceptions - The exclusive franchise granted to Franchisee to perform collection services
does not extend to any of the following, and Town expressly reserves the right to allow other service
providers, by contract or otherwise, to perform any or all of the following in Town:
A. Collection and processing of any recyclable materials not specifically included in the
definition of Recyclables, which have value equal to or more than the cost of collection,
including scrap wood, scrap metal pieces of greater than 40 pounds, and other recyclables.
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B. Collection of Bulky Goods.
C. Collection of grease wastes from grease traps or grease interceptors.
D. Collection of horse manure from residences or businesses.
E. Collection of hazardous wastes.
F. Collection of non -hazardous waste material that is greater than fifty percent (50%)
liquid (including septic tank pumpings, and other liquid wastes).
3.3 Recycling Options Of Service Recipients - Nothing in this Agreement shall be construed as
requiring Service Recipients to set out Recyclables or Bulky Goods for collection by Franchisee.
Service Recipients may dispose of Recyclables and Bulky Goods through other appropriate means
including, but not limited to, taking Recyclables or Bulky Goods to drop-off facilities, and donating
or selling Recyclables or Bulky Goods to private or public entities.
3.4 Commingling Of Solid Waste, Recyclables and Yard Trimmings.
3.4.1 Solid Waste with Recyclables And Yard Trimmings - Franchisee shall not
commingle, in the collection vehicles or at the processing facility or otherwise, any Solid
Waste collected pursuant to this Agreement with any Recyclables or Yard Trimmings
separated for collection pursuant to this Agreement unless specifically approved in advance
in writing by the City Manager.
3.4.2 Non -Town Solid Wastes, Recyclables and Yard Trimmings - Franchisee shall not
commingle, in the collection vehicles, any Solid Waste, Recyclables or Yard Trimmings
collected pursuant to this Agreement with any materials collected by Franchisee from any
place outside Town unless specifically authorized in advance in writing by the City
Manager. Such authorization may be granted by City Manager to increase the efficiencies of
collection services, but Franchisee shall be required to provide, in a timely manner, accurate
and complete data, and audited records of the types and amounts of Solid Waste,
Recyclables and Yard Trimmings collected from within and outside Town if commingling is
authorized. Such authorization shall be based on a written proposal by Franchisee, which
provides details on how the separate data would be generated.
ARTICLE 4
COLLECTION SERVICES
4.1 General Provisions
4.1.1. Beginning October 1, 2003, and continuing through the end of the term of this
Agreement, Franchisee shall perform collection services as provided in this Article 4. All
such services shall be performed in a thorough and professional manner regardless of
weather conditions and difficulty of collection. All collection services shall occur only
between the hours of 7 AM and 6 PM, unless specifically approved in advance in writing by
the City Manager.
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4.1.2. All Solid Wastes collected pursuant to this Agreement shall be and become the
property of the Franchisee at the time these materials are placed in Franchisee's collection
vehicle, and remain Franchisee's property until such time as these materials are transferred
from the vehicle at the designated facility. Solid Wastes which are disposed of at a disposal
site shall be the property of the owner of the disposal site when they are unloaded from the
collection vehicle.
4.1.3. Non -Collection Notices for Solid Waste, Recyclables, or Yard Trimmings collection
shall indicate the date and time the notice is given, the complete address of the premises, the
reason why the collection was not made, and the manner in which materials should be
prepared for collection. Franchisee shall leave the hard (card stock) copy at the premises by
affixing it to the materials not being collected, and shall retain one copy. The form will be
mutually agreed to by City Manager and Franchisee.
4.1.4. Except when material is being loaded or unloaded or the vehicle is on route in the
process of collection, Franchisee shall at all times keep Solid Waste loads completely
covered so as to prevent litter, leakage or spillage from the collection vehicle. Franchisee
shall immediately clean up any litter, leakage or spillage which occurs during collection.
4.1.5. In the event that the provision of services to any Service Recipient would require
Franchisee to operate its equipment on private roads which Franchisee, after consultation
with Town, reasonably believes present an unsafe condition for such operation, Franchisee
shall give written notice to Town and to any Service Recipient so stipulated that, until such
time as the unsafe roads are placed in a condition that Franchisee deems safe for the
operation of its equipment, in order for any such Service Recipient to receive service from
Franchisee, said Service Recipient will be required to place all solid wastes, recyclables and
yard trimmings for collection at a point where Franchisee reasonable believes it can safely
operate its equipment. Roads presently deemed unsafe by Franchisee are listed in EXHIBIT
H to this Agreement.
4.2. Holiday Service - Franchisee shall not be required to perform any services under this
Agreement on Holidays. Collection services that would be performed under this Article 4,
were it not for the Holiday, shall be rescheduled one day later (to the next Working Day) for
the remainder of the week following the Holiday, unless otherwise specifically approved in
advance in writing by the City Manager. Franchisee shall provide written notice of the
rescheduling of any other services affected by Holiday to each affected Service Recipient at
least thirty (30) days in advance of the rescheduled service.
4.3. Residential Solid Waste Collection.
4.3.1. Frequency of Collection - Franchisee shall provide regular, scheduled collection of
Solid Waste from each Residential Service Recipient in Town on a once -per -week basis,
Monday through Friday (except following Holidays). Collection shall be made from Solid
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Waste Containers which are placed at an accessible location selected by the Service
Recipient.
4.3.2. Excess Solid Waste - Franchisee shall collect Solid Waste in excess of the normal
level of service on the normal day of collection when the Service Recipient has called and
made arrangements with. Franchisee in advance to schedule the collection and make the
appropriate payment; and when the Solid Waste is placed in an approved Solid Waste
Container, and does not weigh more than 60 pounds per container.
4.3.3. Extra Solid Waste - Franchisee shall collect Solid Waste from Service Recipients
on other than the normal day of service when the Service Recipient has called and made
arrangements with Franchisee to provide and service a Bin -by -the -Day, or Debris Box, as
provided for in Section 4.9 of this Agreement.
4.3.4. Non -Collection - Franchisee shall not be required to collect any Solid Waste that is
not placed in a Solid Waste Container. Franchisee shall not be required to collect Solid
Waste from a Solid Waste Container where the contents of rigid containers exceed 60
pounds in weight, or where the contents of plastic bags exceed 40 pounds in weight, or
where the volume exceeds the capacity of the Solid Waste Container when its lid is closed.
In the event of non -collection, Franchisee shall leave a Non -Collection Notice.
4.4. Residential Recyclables Collection.
4.4.1. Frequency of Collection - Franchisee shall provide regular, scheduled collection of
Recyclables from each Residential Service Recipient every other week, on the same day of
the week that Franchisee performs Solid Waste collection services. Recyclables shall be
collected on weeks alternate to the collection of Yard Trimmings. Recyclables shall be
collected from Residential Service Recipient's Recyclables Containers at the same location
as collection of Solid Waste.
4.4.2. Provision of Recycling Containers - Franchisee shall provide Recyclables
Containers upon request to Residential Service Recipients. Recyclables Containers shall be
delivered to Residential Service Recipients by their next regularly scheduled Recyclables
collection day following their request.
All Recyclables Containers provided by Franchisee pursuant to this Agreement
shall become the property of Town at the termination of this Agreement.
4.4.3. Recyclables Overages - In the event a Service Recipient has a greater quantity of
Recyclables than can be set out in the two 18 -gallon Recyclables Containers provided
pursuant to this Agreement, the Service Recipient may set out such Recyclables overages in
durable containers supplied by the Service Recipient which are marked for recycling and set
out next to the Recyclables Containers. Service Recipient may set flattened cardboard
boxes, which are too large to fit in the container, next to the Recyclables Containers.
Franchisee shall collect such Recyclables Overages on the same day Franchisee collects
Recyclables from the Service Recipient. To promote maximum diversion through recycling,
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Franchisee shall collect all Recyclables properly prepared for recycling on each Recyclables
collection day. Franchisee shall have no obligation to collect Recyclables Overages where
Recyclables are not set out in durable containers, or where any container weighs in excess of
sixty (60) pounds.
4.4.4. Non -Collection - Franchisee shall not be required to collect any Recyclables that
are not in conformance with Section 4.4.3 of this Agreement. In the event of a non -
collection, Franchisee shall leave a Non -Collection Notice.
4.5. Yard Trimmings Collection.
4.5.1. Frequency Of Collection - Franchisee shall provide regular, scheduled collection of
Yard Trimmings from each Residential Service Recipient, every other week, on the same
day of the week that Franchisee performs Solid Waste collection services. Yard Trimmings
shall be collected on weeks alternate to the collection of Recyclables.
4.5.2. Yard Trimmings Containers - Yard Trimmings shall be collected from rigid
containers provided by the Residential and Commercial Service Recipients. The combined
weight of the container and the Yard Trimmings shall not exceed 60 pounds. Yard
Trimmings Containers must be placed adjacent to the Solid Waste Containers by the
Residential Service Recipient. Yard Trimmings may also be bundled and placed out for
collection next to the Solid Waste Containers. Bundles of yard trimmings shall not exceed
60 pounds, and must be in lengths not exceeding four (4) feet. As part of the base service,
Service Recipients may set out up to six (6) Yard Trimmings Containers or bundles, with a
combined volume of not more than 200 gallons, on any given Yard Trimmings collection
day. Franchisee will provide as many "Yard Trimmings Only" decals to each Service
Recipient as requested. To insure that Yard Trimmings are not collected as Solid Waste,
Yard Trimmings Containers must display the "Yard Trimmings Only" decal provided by the
Franchisee.
4.5.3. Extra Yard Trimmin&s - Service Recipients who have Yard Trimmings in excess of
200 gallons on any normal collection day may make arrangements with Franchisee to
provide appropriate Bin -by -the -Day, or Debris Box Services, as provided for in Section 4.9
of this Agreement.
4.5.4. Non -Collection - Franchisee shall not be required to collect any Yard Trimmings that
are not in conformance with Section 4.5.1 of this Agreement. In the event of non -collection,
Franchisee shall leave a Non -Collection Notice.
4.5.5. Christmas Tree Collection - As part of the Yard Trimmings Collection Program,
Franchisee shall collect, on the normal Yard Trimmings Collection schedule, all
unornamented Christmas trees which are set out next to the Yard Trimmings Containers in
the first twenty-eight (28) calendar days following December 26 of each year for the term of
this Agreement. Franchisee shall not be required to collect ornamented trees, nor shall
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Franchisee be required to collect trees, or parts of trees, which are over four (4) feet in
length.
4.5.6. Yard Trimmings Toters - Franchisee shall provide Yard Trimmings Toters for sale to
Service Recipients. Yard Trimmings Toters shall be wheeled and 96 -gallon in capacity.
Service Recipients shall be charged the amount specified in EXHIBIT B, Service Rates for
each Yard Trimmings Toter requested. Franchisee shall deliver the Yard Trimmings Toters
to the Service Recipients at no additional charge. There shall be no limit on how many Yard
Trimmings Toters may be purchased, but if more than two Yard Trimmings Toters are set
out for collection on any Yard Trimmings collection day, the Service Recipient shall arrange
to pay for Extra Yard Trimmings services.
4.6. Missed Pick -Ups - The failure of Franchisee to pick up Solid Waste, Recyclables, or Yard
Trimmings which have been set out on time and in an approved Container by a Service Recipient in
Town shall be considered a missed pick-up. If Franchisee is notified of a missed pick-up by 9:00
AM on the business day following the scheduled collection day for the Service Recipient,
Franchisee shall collect the missed pick-up on the day of notification. If the Franchisee is notified
after 9 AM on the business day following the scheduled collection day for the Service Recipient,
Franchisee shall collect the material from the Service Recipient within twenty-four (24) hours of
Franchisee being notified of the missed pick-up, except where collection on a Sunday or Holiday
would be required, in which case Franchisee may perform the collection of a missed pick-up on the
first working day immediately following the date of notification. Franchisee shall maintain a
written record of all calls relating to missed pick-ups and the response provided by Franchisee. The
record shall be maintained in accordance with the reporting and monitoring requirements of Article
10 of this Agreement.
In the event Franchisee fails to collect a missed pick-up within the times set forth in this
Section, Town or its agents may collect and transport the material. Town shall notify Franchisee in
writing whenever Town or its agent collects a missed pick-up. Town may withhold payment from
Franchisee's Allowable Expenses for any costs incurred by Town in collecting a missed pick-up, as
provided in Section 12.8 of this Agreement.
4.7. Commercial Solid Waste Bin Service.
4.7.1. Frequency of Collection - Franchisee shall provide appropriate Solid Waste
Containers to each Commercial Service Recipient. Franchisee shall collect Solid Waste
from each Commercial Solid Waste Container at least once -per -week, as often as needed to
prevent overages on a normal basis, Monday through Saturday. Collection shall be made
from Commercial Solid Waste Containers placed at the point of service selected by the
Service Recipient.
4.7.2. Excess Commercial Solid Waste - Franchisee shall collect Solid Waste in excess of
the Solid Waste placed in Commercial Solid Waste Containers when the Service Recipient
has called and made arrangements with Franchisee in advance to schedule the collection and
make the appropriate payment.
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4.7.3. Extra Solid Waste - Franchisee shall collect Solid Waste from Commercial Service
Recipients on other than the normal day of service when the Service Recipient has called and
made arrangements with Franchisee in advance to schedule the collection and make the
appropriate payment.
4.7.4. Non -Collection - Franchisee shall not be required to collect any Solid Waste that is
not placed in an approved Commercial Solid Waste Container. Franchisee shall not be
required to collect Solid Waste from an approved Commercial Solid Waste Container where
the weight of the Solid Waste exceeds the limit set by the Franchisee for that size of
container, or where the volume exceeds the capacity of the container when its lid closed. In
the event of non -collection, Franchisee shall leave a Non -Collection Notice.
4.8. Commercial Recyclables Collection.
4.8.1. Frequency Of Collection - Franchisee shall provide Recyclables collection services,
at least every other week on the same schedule as the Residential Recyclables Collection
service, to any business which requests the service. Franchisee shall collect Recyclables
from each Commercial Service Recipient as often as necessary to minimize overages based
on the volume of the containers provided by the Franchisee.
4.8.2. Recyclables Overages - In the event a Commercial Service Recipient has a greater
quantity of Recyclables than can normally be contained in the appropriate containers
provided by Franchisee, Franchisee shall provide the Service Recipient, at Franchisee's own
cost and expense, additional containers. Service Recipients may set out Recyclables
overages in durable containers supplied by the Service Recipient which are marked for
recycling and set out next to the Recyclables Containers provided. Franchisee shall collect
such Recyclables Overages on the same day Franchisee collects Recyclables from the
Service Recipient. Franchisee shall have no obligation to collect such Recyclables Overages
where Recyclables are set out in non -durable containers, or where the combined materials
and container weights in excess of sixty (60) pounds.
4.8.3. Non -Collection - Franchisee shall not be required to collect any Recyclables that are
not either placed in Recyclables Containers, or in conformance with Section 4.8.2 of this
Agreement. In the event of a non -collection, Franchisee shall leave a Non -Collection
Notice.
4.9. Extra Services - In addition to the Extra Services provided for in Section 4.3.3, Section
4.5.3, and Section 4.7.3 of this Agreement, Extra Services shall include collection of Solid Waste or
Yard Trimmings from Bin -by -the -Day, or Debris Boxes on a schedule requested by the Service
Recipient or Bin -by -the -Day Services.
Bin -by -the -Day Services may be used by Service Recipients for a period not to exceed seven
(7) days to dispose of Bulky Goods and oversized Yard Trimmings which would not fit into a Solid
Waste Container.
Debris Box Services may be used by Service Recipients to dispose of Bulky Goods and
oversized Yard Trimmings which would not fit into a normal Solid Waste Container.
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For billing and compensation purposes, all Debris Box Services and Bin -by -the -Day
Services are classified as Extra Services under this Agreement. Charges to the Service Recipients
for these services shall be set by Town; Franchisee shall receive payment based on the rates in
EXHIBIT B.
4.9.1. Designated Facility - Franchisee shall haul Recyclable Extra Service Loads to the
facilities designated by Town. Town desires that franchisee haul the loads to processing
facilities where the materials can be diverted from disposal.
4.9.2 Frequency of Collection - Franchisee shall provide containers for Extra Services to
either Residential or Commercial Service Recipients as requested. Franchisee shall collect
Solid Waste or Yard Trimmings from each Bin -by -the -Day, or Debris Box, on the schedule
requested by the Service Recipient, but not less often than once a week.
4.9.3 Non -Collection - Franchisee shall not be required to collect any Bin -by -the -Day
Container or Debris Box where the weight exceeds the limit set by the Franchisee for that
size of container, or where the volume exceeds the capacity of the container when its lid
closed. In the event of non -collection, Franchisee shall leave a Non -Collection Notice.
4.10 Town -Wide Clean -Up Services -Two times per year, on a schedule determined by Town,
and at up to five (5) separate locations selected by Town, Franchisee will provide a Town -wide
clean-up service to residents of Town. Franchisee shall provide sufficient equipment to collect and
remove accumulated wastes that have not otherwise been collected through the regular scheduled
collection services provided to residents pursuant to this Agreement.
Franchisee shall handle all materials received in a manner that will allow the maximum
amount to be recycled, or otherwise diverted from landfill. Franchisee shall provide the services
described in EXHIBIT C of this Agreement. The services required in this paragraph shall not serve
to release Franchisee from its obligations under Section 4.12.
4.11 On -Call Clean -Up Services - Two times per year, Franchisee will provide On-call cleanup
services to each Residential Service Recipient, upon request. Franchisee shall provide the services
described in EXHIBIT D of this Agreement.
Franchisee shall handle all materials received in a manner that will allow the maximum
amount to be recycled, or otherwise diverted from landfill. The services required in this paragraph
shall not serve to release Franchisee from its obligations under Section 4.12.
4.12 Services to Town - Solid Waste, Recyclables and Yard Trimming collection services
described in Article 4 of the Agreement shall be provided (1) to Town Hall, (2) to Town
Corporation Yard, (3) to the Little League Fields, and (4) to any Town parks and other Town
facilities designated by Town. There shall be no charge to Town for these services. Town shall
select the locations, and Franchisee shall provide appropriate containers, and service them on a
mutually agreed schedule that will prevent over -flow.
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4.13 Street Sweeping - Franchisee shall provide regular, scheduled Street Sweeping services on a
once -per -month basis to street segments listed in EXHIBIT G. Town and Franchisee acknowledge
that during the term of this Agreement it may be necessary or desirable to add or delete streets from
the list.
In the operation of the street sweepers, Franchisee shall maintain good practices to leave the
streets sufficiently free of refuse, litter, leaves, debris and dirt to meet applicable industry standards,
and NPDES Program, State and Federal requirements.
Franchisee may transfer sweepings from the sweeper to a haul vehicle at the Town's Public
Works yard on Purissima Road. Franchisee shall be responsible for the proper disposal of all
collected debris.
Franchisee shall provide Town with an annual Street Sweeping schedule that may be used to
notify residents of these services.
4.14 Service Recipient Changes -. Town and Franchisee acknowledge that during the term of this
Agreement it may be necessary or desirable to add or delete Service Recipients for whom
Franchisee will provide collection services.
4.15 Failure To Provide Collection Services - In the event Franchisee fails to provide any of the
collection services as required under this Agreement, Town may, but shall have no obligation to,
and without waiving or relieving Franchisee of its obligation to provide such services, make such
payment or perform such other act as Town deems appropriate to effectuate such services. Town
may withhold payment from Franchisee's Allowable Expenses for any costs incurred by Town in
effectuating such services during any period Franchisee fails to perform such services.
4.16 Collection Time — Franchisee shall make a good faith effort to provide collection services at
a consistent time of day for each Residential Service Recipient, and not to change the time of
service more often than necessary, to maintain an efficient collection system.
ARTICLE 5
COLLECTION ROUTES
5.1 Collection Route Information - Franchisee shall maintain, and provide to Town within sixty
(60) days of the effective date of this Agreement, and on request, within fifteen (15) working days,
current and accurate maps indicating:
A. Areas of collection including route numbers and truck numbers.
B. Day of the week collection service is provided.
C. Approximate time of collection (early or late AM, or early or late PM).
D. Start point, end point, and the actual street -by -street course the collection vehicles
follow on routes.
E. Boundary of each individual route. Each adjoining route on the map shall be in a
distinct color or pattern so that adjoining routes are clearly delineated.
F. A listing of the name, address and level of service for each Service Recipient.
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5.2 Collection Route Changes - For any route changes proposed by Franchisee, Franchisee shall
submit to Town, in writing, the proposed change to routes (including by not limited to boundaries
and route numbers) not less than sixty (60) calendar days prior to the proposed date of
implementation. Within thirty (30) calendar days of receipt of Franchisee's proposed change, Town
shall provide written notice to Franchisee as to whether the proposed change is acceptable or not.
Franchisee shall not implement any route changes without the prior written authorization of the City
Manager. Franchisee shall notify all affected Service Recipients of any authorized route change
affecting day of service at least two weeks in advance of the change.
5.3 Route Audits - Town may, at Town's sole expense, perform a route audit. Town may hire a
third party to conduct the route audit. Franchisee shall fully cooperate in the audit and supply all
requested information to Town's Consultant in a timely manner at no cost to Town.
ARTICLE 6
COLLECTION EQUIPMENT
6.1 Equipment Specifications
6. 1.1 General Provisions - All collection equipment used by Franchisee in the performance
of this Agreement shall be of high quality. The vehicles shall be designed and operated so as
to prevent Solid Waste, Recyclables, Yard Trimmings, or Street Sweepings from escaping
from the vehicles.
6.1.2 Registration - All vehicles used by Franchisee in providing services under this
Agreement, except those vehicles used solely on Franchisee's premises, shall be registered
with the California Department of Motor Vehicles.
6.1.3 Safety Markings - All collection equipment used by Franchisee shall have
appropriate safety markings including, but not limited to, highway lighting, flashing and
warning lights, clearance lights, and reflective tape striping. All such safety markings shall
be in accordance with the requirements of the California Vehicle Code.
6.1.4 Vehicle Signage - Franchisee's name, telephone number and vehicle number shall be
visibly displayed on both sides of all collection vehicles in letters and figures not less than
four (4) inches high.
6.1.5 Collection Vehicle Noise Level - The noise level generated by collection vehicles
using compaction mechanisms during the stationary compaction process shall not exceed
seventy-five (75) decibels at a distance of twenty-five (25) feet from the collection vehicle
measured at an elevation of five (5) feet from above ground level using the "A" scale of a
standard sound level meter at slow response. Franchisee shall cause the collection vehicles
to be tested annually by an independent testing authority during the month of September, and
shall submit a certificate of testing showing that the vehicles meet the requirements of this
Section.
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6.1.6 Vehicle Certifications - For each collection vehicle used in the performance of
services under this Agreement, Franchisee shall comply with all applicable federal, state, and
local laws governing the operation of such vehicles. Franchisee shall maintain copies of
such certificates and reports and shall make such certificates and reports available for
inspection upon request by the City Manager.
Franchisee shall submit each of Franchisee's collection vehicles for inspection by the
California Department of Motor Vehicles as required by State law. Franchisee shall not use
any vehicle which does not pass such inspection, or fully comply with all applicable federal,
state, and local laws.
6.1.7 Equipment Maintenance - Franchisee shall maintain collection equipment in a clean
condition and in good repair at all times. All parts and systems of the collection equipment
shall operate properly and be maintained in a condition satisfactory to Town. Collection
vehicles shall be painted white and vehicle striping and logos shall be painted Franchisee's
primary corporate color. Franchisee shall repaint all collection vehicles (including vehicle
striping) during the term of this Agreement on a frequency necessary to maintain a positive
public image as reasonably determined by the City Manager. Franchisee shall wash all
collection vehicles on a frequency necessary to maintain a positive public image.
6.1.8 Maintenance Log - Franchisee shall maintain a maintenance log for all collection
vehicles. The maintenance log shall at all times be accessible to Town upon the request of
the City Manager, and shall show, at a minimum, each vehicle's identification number, date
of purchase or initial lease, dates of performance of routine maintenance, dates of
performance of additional maintenance, and description of additional maintenance
performed.
6.1.9 Back -Up Equipment - Franchisee shall maintain sufficient back-up equipment to
ensure uninterrupted collection service during the term of this Agreement.
ARTICLE 7
SOLID WASTE DISPOSAL
7.1 Franchisee's Responsibility
7.1.1 Delivery of Materials -Franchisee shall transport all Solid Waste collected by
Franchisee from Service Recipients to the Disposal Site designated by Town, as set forth in
EXHIBIT E.
7.1.2 Compliance With Regulations - Franchisee shall observe and comply with all
regulations in effect at the Town -Designated Disposal Site at the time Franchisee transports
and disposes of materials at the Town -Designated Disposal Site. Franchisee shall at all
times while at the Town -Designated Disposal Site operate according to safe industry
practices.
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7.2 Town's Responsibility - Town shall be responsible for payment of fees relating to disposal of
solid wastes at the Town -Designated Disposal Site, collected pursuant to this Agreement by
Franchisee.
ARTICLE 8
RECYCLABLES AND YARD TRIMMINGS PROCESSING
8.1 Recyclables Processing - Franchisee shall transport and deliver all Recyclable Materials
collected by Franchisee pursuant to this Agreement, to the Town -Designated Recyclables
Processing Facility, as set forth in EXHIBIT E, engaged in the business of processing and recycling
such materials. Franchisee shall observe and comply with all regulations in effect at the Town -
Designated Recyclables Processing Facility at the time Franchisee transports and delivers materials
at the Town -Designated Recyclables Processing Facility. Franchisee shall at all times while at the
Town -Designated Recyclables Processing Facility operate according to safe industry practices.
8.2 Payment of Recyclables Processing Fees - Town shall be responsible for payment of fees
relating to processing of Recyclables collected by Franchisee pursuant to this Agreement at the
Town -Designated Recyclables Processing Facility.
8.3 Yard Trimmings Processing - Franchisee shall transport and deliver all Yard Trimmings
collected by Franchisee pursuant to this Agreement, to the Town -Designated Yard Trimmings
Processing Facility, as set forth in EXHIBIT E, engaged in the business of processing such
materials. Franchisee shall observe and comply with all regulations in effect at the Town -Designated
Yard Trimmings Processing Facility at the time Franchisee transports and delivers materials at the
Town -Designated Yard Trimmings Processing Facility. Franchisee shall at all times while at the
Town -Designated Yard Trimmings Processing Facility operate according to safe industry practices.
8.4 Payment of Yard Trimmings Processing Fees - Town shall be responsible for payment of
fees relating to processing of Yard Trimmings collected by Franchisee pursuant to this Agreement at
the Town -Designated Yard Trimmings Processing Facility.
8.5 Yard Trimmings Compost - Franchisee shall transport up to ten percent (10%) of the Town's
tonnage of the composted yard trimmings, from the Town -Designated Yard Trimmings Processing
Facility to sites within the Franchise Area, designated by City Manager. A schedule of delivery of
compost to the designated sites shall be mutually agreed to by Franchisee and City Manager.
8.6 Diversion Credit - Franchisee shall, to the maximum extent practicable, ensure that
Recyclables and Yard Trimmings are collected and processed in a manner which will ensure that
these materials will not be landfilled, and that Town will receive credit toward the State diversion
mandates.
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ARTICLE 9
ADDITIONAL SERVICES
9.1 Customer Relations Services
9.1.1 Franchisee's Office -Franchisee shall maintain an office within thirty (30) miles of
Town Hall where Franchisee shall be available during normal business hours for
communication with City Manager, other Town representatives, and the public.
9.1.2 Local Telephone Number - A Customer Service Representative shall be available at
the Franchisee's principal office, and shall be accessible by a local telephone number (toll-
free to Town and Service Recipients) at least during the hours of 8:00 AM to 4:30 PM,
Monday through Friday, except for Holidays. The Customer Service Representative shall be
able to assist on any matters which relate to. the Franchisee's performance of services under
this Agreement. A telephone answering machine shall be available at all other times. The
telephone number shall be listed under Franchisee's name in the local telephone directory.
9.1.3 Emergency Telephone Number - Franchisee shall maintain an emergency telephone
number for use when the listed telephone number is not attended. The emergency telephone
number shall be available only to Town's Representative.
9.1.4 Service Recipient Inquiries And Complaints - All incoming calls shall be answered
within a maximum of four (4) rings. No call shall be "on -hold" in excess of 2.5 minutes. If
Town receives more than two (2) complaints a month regarding the amount of time
Franchisee placed a caller on hold, liquidated damages covered under Section 12.7 shall be
applied.
All "call backs" from messages received shall be attempted at least one time prior to
6:00 PM on the day of the call. Franchisee shall make three (3) attempts to return the call
within twenty-four (24) hours of the receipt of the call. If Franchisee is unable to reach the
caller in three attempts, Franchisee shall send a postcard to the caller on the second working
day after the call was received, indicating that the Franchisee has attempted to return the call.
All attempts to contact the caller shall be recorded on the log kept by Franchisee.
Franchisee shall record all complaints in a log which includes the date, time, nature
of the complaint, complainant's naive and address (if the complainant is willing to give this
information), and nature and date and manner of resolution of complaint. This log shall be
in a format approved by Town, and shall be available for inspection by Town during
Franchisee's office hours.
9.1.5 Service Recipient Survey - Within sixty (60) days of City Manager's request, but not
more than once during every Rate Year, Franchisee shall send to all Service Recipients in
the Franchise Area a written questionnaire designed to ascertain satisfaction with the quality
of service provided by Franchisee under this Agreement. Franchisee shall provide a draft of
the Survey to the City Manager at least two weeks before it is disseminated to the Service
Recipients. Comments provided by the City Manager shall be incorporated, and the final
version of the Survey text shall be acceptable to both Town and Franchisee. The Survey
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shall be included as an insert in the Service Recipients' bills which are mailed closest to
April 1 of each Rate Year. The Surveys shall be designed to be returned to Franchisee in the
pre -addressed envelope enclosed with those bills for return of the Service Recipients
payments. Upon City Manager's request, Franchisee shall provide City Manager's a copy of
each Survey returned within ten (10) days of the request.
9.2 Community Relations Program
9.2.1 Franchisee's Workplan - On or before October 1, 2003, Franchisee shall submit to the
City Manager a workplan for community relations activities. The workplan shall include but
not be limited to Franchisee's activities in connection with any and all changes to services
offered. Franchisee shall assist with development of informational materials as requested by
Town.
All printed materials produced by Franchisee relating to services provided under this
Agreement, shall be approved by Town prior to being printed for distribution. A Draft of all
text and illustrations shall be provided to City Manager at least two weeks in advance of
production of the final document. Comments provided by the City Manager shall be
incorporated, and the final version of the text and illustrations shall be acceptable to both
Town and Franchisee.
9.3 Recyclables Containers Inventory - Franchisee shall maintain complete inventory and
distribution records of all Recyclables Containers purchased pursuant to this Agreement. Upon the
expiration or earlier termination of this Agreement, the Recyclables Containers shall become the
property of Town. Any containers still in inventory at the termination of this Agreement shall be
turned over to Town.
9.4 Additional Recyclables
A. In the event Town or Franchisee proposes to add another material to the list of
Recyclables to be collected, processed and/or marketed by Franchisee, such additional
material shall be included under this Agreement if mutually agreed in writing by Town and
Franchisee.
B. If Franchisee proposes the addition of the material, the proposal shall be in writing,
and include the extent to which the addition of the proposed material would require a
modification of the current recyclables collection vehicles, the use of an additional
Recyclables Container, and the use of additional collection vehicles, and shall notify Town
of the estimated costs of adding the proposed material.
C. If Town proposes such addition in writing, Franchisee shall submit a written proposal
within thirty (30) calendar days of Town's request.
D. Town shall respond in writing to Franchisee's description of changes and costs of
implementation within thirty (30) calendar days of Franchisee's notification to Town. Both
parties shall negotiate in good faith for the purpose of reaching an Agreement for the
addition of the proposed material and a schedule for the implementation of the collection of
such material. The City Manager is authorized to negotiate on behalf of Town and to
approve the additional material and implementation schedule, but any Agreement which
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would result in additional compensation to Franchisee, shall not become effective unless
approved by the City Council.
E. Franchisee shall notify all Service Recipients of the changes in materials being
recovered before any changes in the program are implemented.
9.5 Emergency Services - Franchisee shall begin providing, emergency services within 24 -hours
of notification by Town. Emergency services are services beyond the services specified in this
Agreement, which result from emergency conditions such as earthquake, fire, flood, storm, or other
natural calamity, riot, insurrection public disobedience, labor controversy, labor strike, or similar
condition which threaten the public health, safety and welfare. Town shall pay Franchisee for
emergency services performed pursuant to this Section 9.5 at the rate of One Hundred Fifty Dollars
($150) for hour of service by truck and driver. Emergency conditions do not include the results of
failure of Franchisee to comply with the standards and procedures set forth in this Agreement.
Should Franchisee not be able to provide Emergency Services, Town, or its agents, may
assume and carry out the Solid Waste, Recyclables and Yard Trimmings Collection services. During
the duration of the emergency, Franchisee shall make available to Town all of the company's
operable equipment and other facilities necessary for providing the services required under this
Agreement. Revenues which would normally accrue to Franchisee during the time the emergency
services are provided, less the amount of any payments for equipment, shall accrue and be payable
to Town to be used to pay the emergency services operator.
During the emergency conditions, Town, or its agents, shall operate, maintain and repair,
without cost to Franchisee, Franchisee's equipment and other facilities used by Town. Upon
cessation of the Emergency condition, the right to use such equipment shall expire and Town shall
return said equipment to Franchisee in a condition substantially the same as that which existed upon
acquiring said equipment, ordinary wear and tear excepted.
9.6 Disruption of Services
9.6.1 Substitute Collection - If, at any time during the term of this Agreement, for a period
of seventy-two (72) consecutive hours or more, Franchisee fails for any reason to collect and
remove Solid Waste, Recyclables and Yard Trimmings as required in this Agreement, Town
may immediately, upon written notice to Franchisee, cause such Solid Waste, Recyclables
and Yard Trimmings to be collected and removed by whatever means available to Town.
For so long as Franchisee continues to collect fees from Service Recipients pursuant to
Section 11. 3, Franchisee shall pay any and all costs incurred by Town for the provision of
such substitute services.
9.6.2 Use of Equipment - In the event Franchisee fails to collect and remove Solid Waste,
Recyclables and Yard Trimmings as required in this Agreement, for a period of seventy-two
(72) consecutive hours or more, Town, upon written notice to Franchisee, may (but shall not
be required to) take possession of and operate through its employees or any other properly
licensed persons, any and all trucks and other equipment used by the Franchisee for the
collection and removal of Solid Waste, Recyclables and Yard Trimmings in the Franchise
Area until such time, not to exceed one -hundred -twenty (120) days, as Franchisee satisfies
Town that it is ready, able and willing to comply with all the provisions of this Agreement.
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In this event, Franchisee shall provide Town with driver route listings and necessary
operational records. For so long as Franchisee continues to collect fees from Service
Recipients pursuant to Section 11.3, Franchisee shall reimburse Town in full for any costs
incurred by Town pursuant to this Section. Town shall indemnify and hold harmless
Franchisee from and against any damage to such equipment or liability to any third person
injured or damaged as a result of Town's use or possession of such equipment, to the extent
such damage or liability is not covered by insurance. Employees of Franchisee, including
management employees, may be employed by Town during any period in which Town
temporarily assumes the obligations of Franchisee under this Agreement.
9.6.3 Strike or Labor Dispute - The parties hereby agree that in the event a strike or labor
dispute occurs, this Agreement shall not terminate for the duration of the strike or labor
dispute, provided that Franchisee uses its best efforts to insure that its best obligations under
this Agreement do not go unperformed for a period greater than seventy-two (72) hours
(excluding week -ends). In order to insure that its obligations under this Agreement are
adequately performed, Franchisee may subcontract the performance of services required
under this Agreement with entities not affiliated with Franchisee. In the event that Town
assumes responsibility for Solid Waste, Recyclables and Yard Trimmings handling services
in Town, Franchisee shall maintain an unobstructed entrance at its place of business which is
not regularly used but which will be primarily reserved for use by Town while Town or its
designated representative is collecting Solid Waste, Recyclables and Yard Trimmings. If the
labor dispute or picketing blocks access to Franchisee's place of business, Franchisee shall
receive no compensation for any time period in which it failed to collect and remove Solid
Waste, Recyclables and Yard Trimmings in accordance with the provisions of this
Agreement.
ARTICLE 10
REPORTING REQUIREMENTS
10.1 General Reporting Requirements - Franchisee shall provide Monthly, Quarterly and Annual
Reports as detailed in EXHIBIT F of this Agreement, at no cost to Town.
10.2 General Reporting Requirements - In addition to the requirement of Section 10. 1, during
each calendar year, Franchisee shall provide, at no additional charge, a maximum of twenty (20)
person -hours of assistance to Town in meeting reporting and compliance requirements under state
and federal solid waste management laws. Upon written request of Town, Franchisee shall provide
any additional personnel, resources, and services as are necessary to achieve compliance with such
laws. Town shall compensate Franchisee at the rate of eighty-five dollars ($85.00) per hour for
those additional services. No time shall be counted against the twenty hours specified above, or
billed to Town, unless the hours have been approved in advance by Town. Franchisee shall provide,
at no cost to Town, a written estimate of hours and costs, with a not to exceed amount, for each task
for which Town requests assistance.
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10.3 Service Recipient Database - Franchisee shall maintain at all times a computerized data base
containing a complete file of Service Recipients coded by category, number of Solid Waste
Containers, and set -back distance charges. The file shall include the address of the collection
location, and the address of the Service Recipient if it is different. The data base shall contain fields
to allow input of information for all fields listed in EXHIBIT B of this Agreement. The data base
shall at all times be accessible by Town. Franchisee shall cooperate with Town with respect to
providing information relevant to this Agreement which is not specified in this Article 10.
10.4 Transfer of Data - The customer billing database shall be considered to be jointly owned by
both Town and the Franchisee, and shall be made available to Town on request. Six (6) months
prior to the termination date of this Agreement, and within ten working days of a request by Town
(up to five times during the term of the Agreement), the Franchisee shall provide Town a complete
listing of all billing accounts, level of service information and route maps. The listing of billing
accounts and level of service information shall be provided on a computer disk in software mutually
agreed upon by both Town and the Franchisee.
ARTICLE 11
SERVICE RATES & PAYMENTS
11.1 Rate Adjustments to Service Recipients - Rates charged to Service Recipients for services
provided pursuant to this Agreement shall be set by the City Council. City Council shall review the
revenues received by Franchisee and transmitted to Town as required in Section 11.4 of this
Agreement, and act to set an adjusted rate as deemed necessary.
11.2 Rates to Service Recipients - The Franchisee shall bill Service Recipients for services at the
rates set by the City Council. The Service Recipient rates for 2003-2004 are provided in
EXHIBIT B of this Agreement.
11.3 Billings - Billings shall be mailed to all Service Recipients not earlier than one month, nor
later than two months, into the quarterly billing cycle. Payment shall be due one month from the
billing date.
Franchisee shall undertake reasonable efforts to obtain payment of delinquent amounts from
Service Recipients, including, but not limited to, sending three (3) written notices and demand
letters, and making weekly telephone calls to all Service Recipients who have not paid their bill by
the due date. The "second notice" billing should be mailed not later than 10 working days after the
original due date.
Quarterly, at the end of each billing cycle, Franchisee shall provide Town with the names,
addresses, APN number, and amount owed for all Service Recipients who are more than 90 days
delinquent in making payments for services provided.
11.4 PUments to Town - Franchisee shall remit to Town, within ten days of the end of each
month, all revenues received in the prior month relating to the performance of this Agreement,
including but not limited to service fees, and extra service fees and revenues from recyclables. This
payment to Town shall be accompanied by sufficient documentation to identify the source of all
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revenues. This documentation shall include, at a minimum, specifics for each account, the amount
billed, the amount collected, a listing of accounts which received extra services and the amount of
extra services provided, and a listing of accounts which are delinquent.
ARTICLE 12
FRANCHISEE'S COMPENSATION
12.1 Compensation for Services - Town shall pay Franchisee for services provided pursuant to
this Agreement. The Allowable Expenses in the Base Year shall be $785,135. The Service Fee in
the Base Year shall be $78,600. The total Compensation in the Base Year shall be $863,735, plus
Compensation due for Extra Services. The Compensation shall be adjusted as provided for in this
Article 12.
12.2 Payments to Franchisee - Town shall pay Franchisee, within twenty days of the receipt of
each payment from Franchisee as provided for in Section 11.4 of this Agreement, one -twelfth of the
total of the annual Compensation, plus payment due for Extra Services provided for in Section
4.3.3, Section 4.5.3, and Section 4.7.3 of this Agreement at the rate provided in EXHIBIT B, and
including any Adjustments to the Compensation as described in this Article 12.
12.3 Withholding of Pants - Town shall not make Payments to Franchisee for Compensation
before Franchisee has made remittance of revenues received in the prior month, and Town has
received all reports due for that period.
12.4 Annual Compensation Adjustments - Franchisee's Payment shall be adjusted annually, to
reflect changes in the cost of living, according to the formula in this Section 12.4 of this Agreement.
The Compensation adjustment, which will apply to the subsequent Rate Year (October 1 to
September 30), will be based on increases or decreases for the period of April 1 of the prior year to
March 31 of the current calendar year, and will be calculated by the Town.
The Franchisee's Payment will be increased or decreased by 80% of the change in the
Consumer Price Index (U) for All Items for the San Francisco Bay Area, for the 12 month period
ending March 31 of that year, to adjust for changes in Franchisee's cost of doing business.
12.5 Adjustments Due to Change in Designated Facilities — In the event that Town, pursuant to
Articles 7 and 8 of this Agreement, at any time directs Franchisee to deliver materials to a facility
for the Disposal of Solid Waste or Processing of Recyclables or Yard Trimmings, different than the
ones designated in EXHIBIT E, and Franchisee proves to the City Manager that such change
materially increases the costs incurred by Franchisee in performance of services under this
Agreement, Franchisee's Allowable Expenses for the following Rate Year shall be increased by an
amount equal to the increase in costs directly attributable to the change of facility(ies). Franchisee,
at no cost to Town, shall set forth in writing the increase in costs directly attributable to the change
of facility(ies) within thirty (30) days of the Town's request.
12.6 Special Compensation Adjustments - Regulatory changes and other changes which can not
be foreseen, or events outside of Franchisee's control, may be the basis for a special adjustment of
23 lah\03 agmt\lagco
the Franchisee's Compensation. Franchisee may request a Special Compensation Adjustment at any
time. Special Rate Adjustments will be at the reasonable discretion of Town, based on the written
request and documentation provided by the Franchisee.
12.7 Adjustments for Damages - Town shall charge the Franchisee any costs Town incurs for the
Franchisee's failure to: collect wastes, divert materials to be in compliance with State and Federal
Regulations, and operate equipment properly; or the costs of responding to complaints and
problems; and other costs relating to failure of the Franchisee to comply with all other aspects of
this Agreement.
Town and Franchisee agree that the following liquidated damage amounts represent a
reasonable estimate of the amount of such damages, including the relationship of the sums to the
range of harm to Town that reasonably could be anticipated, and the anticipation that proof of actual
damages would be costly or inconvenient.
Franchisee agrees to pay liquidated damages (not as a penalty) as set forth below:
* For each failure over six (6), in any 12 consecutive month period, to commence
service to a new Service Recipient within seven (7) days of request.
* For each failure over six (6), in any 12 consecutive month period, to provide
Recyclables Containers to a new Service Recipient within seven (7) days of request,
subject to the conditions of Section 4.4.3.
* For each failure over twelve (12), in any 12 consecutive month period, to collect a
Solid Waste, Recyclables or Yard Trimmings which had been properly set -out for
collection,
For each failure over twelve (12), in any 12 consecutive month period, to collect a
missed set -out within 24 hours,
* For each occurrence of collection during unauthorized hours (starting early or
finishing late),
* For each occurrence over twelve (12), in any 12 consecutive month period, of
damaging a customer's Solid Waste container,
* For each occurrence of leaving Solid Waste, Recyclables or Yard Trimmings
containers in a public street,
For each occurrence over twelve (12), in any 12 consecutive month period, of leaving
litter in a public street,
For each time the billing procedures described in Section 11.3 of this Agreement are
not followed,
* For each calendar day a Required Report is incomplete, inaccurate or late,
* For each complaint over two (2) in any month regarding the amount of time a
customer is left on hold on a call,
* For each occurrence of other similar incidents.
Damages will start at $25.00 per incident, and may increase, at sole discretion of Town, in
increments of up to $50, to a maximum of $500 per incident for repeated failure to perform any one
condition as specified in the Agreement. After learning of the occurrence of any incident that is to
be used as the basis for the assessment of any liquidated damages, or that is to be used as an incident
preceding an incident that is the basis for the assessment of any liquidated damages, Town shall
24 lahMagmtVagco
provide Franchisee written notice of the incident. The notice will include a brief description of the
incident.
Within ten (10) days of notification by Town, Franchisee may submit a written appeal to the
City Manager challenging the occurrence of the incident, stating why the incident is not a proper
basis for the assessment of liquidated damages, or is not a proper incident preceding an incident that
for the basis for the assessment of liquidated damages, or explaining why the liquidated damages
should not be assessed. The decision of the City Manager shall be final. Franchisee shall pay any
liquidated damages within thirty (30) calendar days after they are assessed. Payment of liquidated
damages will in no way be a waiver of Town's authority to terminate this Agreement.
12.8 Collection Services Reimbursement - In the event Franchisee fails to provide collection
services as required under Article 4 of this Agreement, and Town exercises its rights under Section
4.6 or Section 9.6 of this Agreement, Franchisee shall reimburse Town for any and all payments
made or costs incurred by Town to effectuate such collection services plus an administrative fee in
the amount of twenty-five percent (25%) of such payments or costs.
12.9 Other Reimbursements - In the event Franchisee fails to perform any service required under
this Agreement, such failure continues for five (5) calendar days after Town notifies Franchisee of
such failure to perform, and Town subsequently makes any payment or incurs any cost to perform
the service required of Franchisee, Franchisee shall reimburse Town for any and all payments so
made or costs so incurred by Town plus an administrative fee in the amount of twenty-five percent
(25%) of such payments or costs.
12.10 Resolution of Prior Disputes Regarding Allowable Expenses -By entering into this
Agreement, the Franchisee and Town agree that any prior claims or actions under previous
agreements with regard to the amount of Allowable Expenses or other rate issues have been
equitably resolved, and that no further claims will be made by either party relating to, and including,
without limitation, the Allowable Expenses prior to March 1, 1998.
ARTICLE 13
PERFORMANCE BOND
13.1 Faithful Performance Bond - Within ten (10) calendar days from the date the City Council
approves this Agreement and by October 10 of each year of this Agreement, Franchisee shall
procure and provide Town with a fully prepaid surety bond, or the letter of credit, for at least the
duration of such Contract Year, to guarantee and assure the prompt and faithful performance of
Franchisee's obligations under this Agreement. Such bond shall be executed by a surety licensed
and in good standing with the Department of Insurance in the State of California, and have a Best
Company rating of A-10 or better. The bond shall name Town of Los Altos Hills as obligee, shall
provide at least thirty (30) calendar days prior notice of any cancellation, and shall be in the amount
of Three Hundred Thousand Dollars ($300,000.00). The bond will continue in effect for three
months beyond term of the Agreement, or until all Payments to Town specified in Section 11.4, and
25 lah\03agmAlagco
the End of Agreement Reports specified in EXHIBIT F are provided to Town [whichever comes
first].
The form of the bond and the surety are subject to the approval of The City Manager and the
City Attorney. The bond will be executed as surety by a corporation authorized to issue surety bonds
in the State of California, with a financial condition and record of service satisfactory to Town.
Town reserves the right to reduce or waive this requirement at any time.
The condition of the performance bond shall be such that if Franchisee shall well and truly
perform the covenants, promises, undertakings and obligations contracted by Franchisee to be
performed under this Agreement, then the obligation of the bond shall be void; otherwise it shall
remain in full force and effect. Said bond shall terminate and be canceled upon the completion of
all of Franchisee's obligations under this Agreement. Town shall execute and deliver to Franchisee
or Franchisee's surety company promptly upon Franchisee's completion of all of Franchisee's
obligations under this Agreement such certificates or other documents as either of them may
reasonably request for the purpose of terminating and canceling such performance bond.
13.2 Town's Rights - Town shall have the right to draw against the faithful performance bond or
the letter of credit in the event of a breach or default of Franchisee or the failure of Franchisee to
perform fully any obligation under this Agreement. Within five (5) calendar days of receipt of
notice from Town, Franchisee shall renew or replace such sums of money as needed to bring the
faithful performance bond or letter of credit current.
ARTICLE 14
INSURANCE REQUIREMENTS
14.1 Insurance Policies - Franchisee shall procure and maintain throughout the term of this
Agreement insurance against claims for injuries to persons or damages to property which may arise
from or in connection with Franchisee's performance of work or services under this Agreement.
Franchisee's performance of work or services shall include performance by Franchisee's employees,
agents, representatives and subcontractors.
14. 1.1 Minimum Limits Of Insurance - Franchisee shall maintain insurance limits no less
than:
A. Comprehensive General Liability: $4,000,000 combined single limit per
occurrence for bodily injury, personal injury and property damage.
B. Automobile Liability: $4,000,000 for bodily injury per person; $2,000,000
for bodily injury per occurrence; and $2,000,000 for property damage.
C. Workers' Compensation and Employers Liability: Workers' Compensation
limits as required by the California Labor Code and Employers Liability.
D. Hazardous Waste and Environmental Impairment Liability: $4,000,000 per
occurrence.
14.1.2 Deductibles And Self -Insured Retentions - Any deductibles or self-insured
retentions must be declared to, and approved by, the City Manager. At the option of Town,
either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as
26 lah\03agmAlagco
respects Town, its officers, employees, agents and Franchisees; or Franchisee shall procure a
bond guaranteeing payment of losses and related investigations, claim administration and
defense expenses in an amount specified by the City Manager.
14.2 Endorsements - The policies are to contain, or be endorsed to contain, the following
provisions:
A. General Liability and Automobile Liability Coverage
1. Town, its officers, insureds, employees, agents and Franchisees are to be
covered and named as additional insureds as respects: Liability arising out of
activities performed by, or on behalf of, Franchisee; products and completed
operation of Franchisee; premises owned, leased or used by Franchisee; and
automobiles owned, leased, hired or borrowed by Franchisee. The coverage shall
contain no special limitations on the scope of protection afforded to Town, its
officers, employees, agents and Franchisees.
2. Franchisee's insurance coverage shall be primary insurance as respects Town,
its officers, employees, agents, and Franchisees. Any insurance, or self-insurance
maintained by Town, its officers, employees, agents or Franchisees shall be excess of
Franchisee's insurance and shall not contribute with it.
3. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to Town, its officers, employees, agents, or Franchisees.
4. Coverage shall state that Franchisee's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with respect to the
limits of the insurer's liability.
B. All Coverage - Each insurance policy required by this Agreement shall be endorsed
to state that coverage shall not be suspended, voided, canceled, or reduced in limits except
after thirty (30) days' prior written notice has been given to Town.
14.3 Acceptability Of Insurers - Insurance is to be placed with insurers acceptable to the City
Manager. Such insurance shall be executed by a surety licensed and in good standing with the
Department of Insurance in the State of California, and have a Best Company rating of A-10 or
better. All insurers must be identified by full name; rating, according to the latest edition of Best's
Key Rating Guide; and status as insurers admitted in California. If the company is not rated, current
financial information should accompany the quotation.
14.4 Verification Of Coverage - Franchisee shall furnish Town with certificates of insurance and
with original endorsements affecting coverage required by this Agreement. The certificates and
endorsements for each insurance policy are to be signed by a person authorized by that insurer to
bind coverage on its behalf. Franchisee shall furnish Town with a new certificate of insurance and
endorsements upon each renewal of coverage or change of insurers. Proof of insurance shall be
provided in writing to the City Manager.
14.5 Subcontractors - Franchisee shall include all subcontractors as insured under its policies or
shall obtain separate certificates and endorsements for each subcontractor.
27 lah\03agmNagco
14.6 Modification Of Insurance Requirements - The insurance requirements provided in this
Agreement may be modified or waived by the City Manager, in writing, upon the request of
Franchisee if the City Manager determines such modification or waiver is in the best interests of
Town considering all relevant factors, including exposure to Town.
ARTICLE 15
INDEMNIFICATION
15.1 Indemnification And Hold Harmless - Franchisee, for and on behalf of itself and its agents,
subcontractors, directors, officers, employees and representatives shall indemnify, defend and hold
harmless Town, its officers, agents and employees from and against any and all losses, liabilities,
penalties, claims, demands, judgments, damages, actions or suits, of any and every kind and
description, arising or resulting from any work or services performed by Franchisee or its agents,
subcontractors, directors, officers, employees, or representatives pursuant to this Agreement, or
which results from their noncompliance with any laws respecting the collection, transportation,
processing or disposal of Solid Wastes, Recyclables and Yard Trimmings. The acceptance by Town
of any work or services under this Agreement shall not operate as a waiver of such indermiification
or hold harmless.
15.2 Defense - Upon the demand of Town, Franchisee shall defend Town, its officers and/or
employees against any matter described in Section 15.1 of this Agreement with Attorneys of Town's
choice.
15.3 Exception - Notwithstanding Sections 15.1 and 15.2, Franchisee's obligation to indemnify,
hold harmless and defend Town, its officers and employees shall not extend to any loss, liability,
penalty, claim, demand, action or suit arising from acts or omissions constituting willful misconduct
on the part of Town, its officers or employees.
15.4 Damage By Franchisee - If Franchisee's employees or subcontractors cause any injury,
damage or loss to Town property, including but not limited to Town streets or curbs (excluding
normal wear and tear), Franchisee shall reimburse Town for Town's costs of repairing such injury,
damage or loss. Such reimbursement is not in derogation of any right of Town to be indemnified by
Franchisee for any such injury, damage or loss. With the prior written approval of Town's City
Manager, Franchisee may repair the damage at Franchisee's sole cost and expense.
ARTICLE 16
TERMINATION
16.1 Franchisee's Default - Town may terminate this Agreement upon Franchisee's default of any
material duty or obligation of Franchisee under this Agreement and Franchisee's failure to cure such
default within thirty (30) calendar days of Town's written notice to Franchisee of such default. If the
default is not capable of cure within said thirty (30) calendar days, Franchisee shall provide written
notice to Town together with a schedule of cure within fifteen (15) calendar days of Town's notice
28 lah\03 agmt\lagco
of default, shall begin action to cure the default within said thirty (30) calendar days, and shall
diligently proceed to cure the default. Town may accept Franchisee's schedule of cure, may make a
written demand that Franchisee cure the default within a time period set by Town, or may terminate
this Agreement at the end of the thirty -day default period.
16.2 Immediate Termination - Town may terminate this Agreement immediately upon written
notice to Franchisee in the event Franchisee fails to provide and maintain the performance bond as
required by this Agreement, Franchisee fails to obtain or maintain the insurance policies and
endorsements as required by this Agreement, Franchisee fails to provide the proof of insurance as
required by this Agreement, or Franchisee fails to indemnify Town against State Penalties under AB
939.
16.3 Bankruptcy Or Insolvency Of Franchisee - Town may terminate this Agreement immediately
upon written notice to Franchisee upon the occurrence of any of the following and Franchisee's
failure to provide adequate assurance that any of the following can be removed within thirty (30)
calendar days of Town's demand for such assurance: (1) the appointment of a receiver or trustee to
take possession of all or substantially all of the assets of Franchisee; (2) Franchisee's general
assignment if its assets for the benefit of Franchisee's creditors; (3) a court entry of any decree or
order adjudging Franchisee to be insolvent or bankrupt; (4) a court entry of any decree or order
approving as properly filed a petition seeking reorganization of Franchisee or an arrangement under
the bankruptcy laws or any other applicable debtor's relief law or statute of the United States or any
State; or (5) a determination by the City Manager, based upon a statement prepared by an
independent certified public accountant mutually agreed upon by Franchisee and the City Manager,
that there is a reasonable probability that Franchisee's financial capability to perform this Agreement
is impaired.
16.4 Authority To Terminate - The City Council of Town is authorized to terminate this
Agreement on behalf of Town. Any termination of this Agreement under this Article 16 shall not
relieve Franchisee of the obligation to pay any fees, taxes, or other charges then due to Town nor
relieve Franchisee of the obligation to file any daily, monthly, quarterly or annual reports covering
the period to termination nor relieve Franchisee from any claim for damages previously accrued or
then accruing against Franchisee. Town shall pay to Franchisee any amounts due to Franchisee for
the performance of services under this Agreement through the effective date of termination.
16.5 Termination Cumulative - Town's right to terminate this Agreement is cumulative to any
other rights and remedies provided by law or by this Agreement.
29 lah\03 agmt\lagco
ARTICLE 17
GENERAL PROVISIONS
17.1 Service Standards - Franchisee shall perform all services under this Agreement in a thorough
and professional manner. Collection services described in Article 4 of this Agreement shall be
performed regardless of weather conditions and regardless of difficulty of collection. Additional
services described in Article 9 of this Agreement shall be performed professionally, promptly and
courteously.
17.2 Labor and Equipment - Franchisee shall provide and maintain all labor, equipment, tools,
facilities, and personnel supervision required for the performance of Franchisee's obligations under
this Agreement. Franchisee shall at all times have sufficient back up equipment and labor to fulfill
Franchisee's obligations under this Agreement. No compensation for Franchisee's services or for
Franchisee's supply of labor, equipment, tools, facilities or supervision shall be provided or paid to
Franchisee by Town or by any Service Recipient except as expressly provided by this Agreement.
17.3 Assignment - The experience and expertise of Franchisee are material considerations for this
Agreement. Franchisee shall not assign any of Franchisee's rights nor delegate any of Franchisee's
duties under this Agreement. Any attempt to so assign Franchisee's rights or delegate Franchisee's
duties shall be void and of no force or effect.
Should the Franchisee wish to assign any of Franchisee's duties under this Agreement,
Franchisee must submit their request in writing, and proposal must be approved by City Council
prior to implementation. Any attempted assignment shall be null and void and of no effect without
prior City Council approval.
17.4 Successors and Assigns - This Agreement shall be binding upon and inure to the benefit of
the successors and assigns of the parties hereto; provided that no party hereto may assign this
Agreement without the prior consent of the other party, which consent the Town may withhold at its
sole discretion; and provided, further, that no assignment shall be valid and binding that endeavors
to relieve the assigning party of any obligations to make payments that accrued prior to the date of
assignment or of which the assignee has not affirmatively agreed, in writing, to assume all
obligations of the assignor thereunder. Any dissolution, merger, consolidation, or other
reorganization of Franchisee, or the sale or other transfer of a controlling percentage of the capital
stock of Franchisee, shall be deemed a voluntary assignment. The phrase "controlling percentage"
means the ownership of, and the right to vote, stock possessing at least 51% of the total combined
voting power of all classes of Franchisee's capital stock issued, outstanding, and entitled to vote for
the election of director.
17.5 Independent Franchisee - In the performance of services pursuant to this Agreement,
Franchisee shall be an independent Franchisee and not an officer, agent, servant or employee of
Town. Franchisee shall have exclusive control over the details of the services and work performed
and over all persons performing such services and work. Franchisee shall be solely responsible for
the acts and omissions of its officers, agents, employees, Franchisees and subcontractors, if any.
Neither Franchisee nor its officers, employees, agents, Franchisees or subcontractors shall obtain
any right to retirement benefits, Workers' Compensation benefits, or any other benefits which accrue
30 1ah\03agmt\1agco
to Town employees and Franchisee expressly waives any claim it may have or acquire to such
benefits.
17.6 Name - Franchisee shall not use a firm name containing the words "City" or "Town" or
other words implying municipal ownership.
17.7 Law To Govern - The law of the State of California shall govern this Agreement.
17.8 Venue - Any litigation between Town and Franchisee concerning or arising out of this
Agreement shall be filed and maintained exclusively in the Municipal or Superior Courts of Santa
Clara County, State of California, to the fullest extent permissible by law. Each party consents to
service of process in any manner authorized by California law.
17.9 Compliance With Law - In the performance of this Agreement, Franchisee shall comply with
all applicable laws, regulations, ordinances and codes of the federal, state and local governments,
including without limitation the Municipal Code of Town.
Town shall provide written notice to Franchisee of any planned amendment to the Los Altos
Hills Municipal Code which would substantially affect the performance of Franchisee's services
pursuant to this Agreement. Such notice shall be provided at least thirty (30) days prior to the City
Council's approval of such an amendment.
17.10 Permits and Licenses - Franchisee shall obtain, and shall maintain throughout the term of
this Agreement, all necessary permits, licenses and approvals required for Franchisee to perform the
work and services agreed to be performed by Franchisee pursuant to this Agreement. Franchisee
shall show proof of such permits, licenses or approvals and shall demonstrate compliance with the
terms and conditions of such permits, licenses and approvals upon the request of the City Manager,
including without limitations, a business license.
17.11 Ownership of Written Materials -All reports, documents, brochures, public education
materials, and other written, printed or photographic materials developed by Town or Franchisee in
connection with the services to be performed under this Agreement, whether developed directly or
indirectly by Town or Franchisee, shall be and shall remain the property of Town without limitation
or restriction on the use of such materials by Town. Franchisee shall not use such materials in
connection with any project not connected with this Agreement without the prior written consent of
the City Manager.
17.12 Waiver - The waiver by Town or Franchisee of any breach or violation of any term, covenant
or condition of this Agreement shall not be deemed to be a waiver of any other term, covenant or
condition or any subsequent breach or violation of the same or of any other term, covenant or
condition. The subsequent acceptance by Town of any fee, tax, or any other moneys which may
become due from Franchisee to Town shall not be deemed to be a waiver by Town of any breach or
violation of any term, covenant or condition of this Agreement.
17.13 Notices - All notices and other communications required or which may be given under this
Agreement shall be deemed given when deposited in the United States snail or when personally
31 lah\03 agmt\lagco
delivered to the parties as specified in this Section. In the case of a notice or communication by
telefax, a written copy shall be mailed or personally delivered within the three days of the
transmittal of the telefax. All notices or other communications sent by mail shall be sent postage
prepaid to the address specified below:
To Town: City Manager
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
City Manager can be reached by phone at (650)941-7222, or by fax at (650)941-3160.
To Franchisee: General Manager
Los Altos Garbage Company
650 Martin Avenue
Santa Clara, CA 95050
General Manager can be reached by phone at (408)588-7200, or by fax at (408)969-0340.
Either party may designate a different mailing address by providing notice to the other party
as provided in this Section 17.13.
Notice by Town to Franchisee of a missed pick-up, or a Service Recipient problem or
complaint, may be given to Franchisee orally through Franchisee's local telephone number, or by
telefax, with written confirmation sent to Franchisee within seventy-two (72) hours of the oral
notification.
17.14 Transition to Next Franchisee - In the event Franchisee is not awarded an Agreement to
continue to provide services following the expiration or earlier termination of this Agreement,
Franchisee shall cooperate fully with Town and any subsequent Franchisee to assure a smooth
transition of services described in this Agreement. Such cooperation shall include, but not be
limited to, transfer of computer data, files and tapes; providing routing information, route maps,
vehicle fleet information, and lists of Service Recipients and account information. During the last
six (6) months of this Agreement, these materials shall be provided to Town within five (5) working
days of the request by Town.
17.15 Town Representative - Except as otherwise provided in this Agreement, the City Manager or
his or her designee shall be authorized to act on behalf of Town in the administration of this
Agreement.
17.16 Franchisee's Records - Franchisee shall maintain any and all ledgers, books of account,
invoices, vouchers, canceled checks, computer files, and other records or documents evidencing or
relating to charges for services, or expenditures and disbursements charged to Town for a minimum
period of three (3) years, or for any longer period required by law, from the date of termination or
completion of this Agreement.
32 lah\03 agmWagco
Franchisee shall maintain all documents and records which demonstrate performance under
this Agreement for a minimum period of three (3) years, or for any longer period required by law,
from the date of termination or completion of this Agreement.
Any records or documents required to be maintained pursuant to this Agreement shall be
made available for inspection or audit, at any time during regular business hours, upon written
request by the City Manager, City Attorney, or a designated representative of any of these officers.
Copies of such documents shall be provided to Town for inspection at Town Hall when it is
practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be
available at Franchisee's address indicated for receipt of notices in this Agreement.
Where Town has reason to believe that such records or documents may be lost or discarded
due to dissolution, disbandment or termination of Franchisee's business, Town may, by written
request or demand of any of the above-named officers, require that custody of the records be given
to Town and that the records and documents be maintained in Town Hall. Access to such records
and documents shall be granted to any party authorized by Franchisee, Franchisee's representatives
or Franchisee's successor -in -interest.
17.17 Use of Recycled Products - Franchisee is requested to use, wherever feasible in the
performance of services under this Agreement, products or materials which contain recycled
materials content. This would include such items as reports on recycled content paper, recycling
Containers with recycled plastic content; and use of re -refined oil in collection vehicles.
17.18 Amendment - This Agreement may be amended or modified only by written Agreement duly
authorized by Franchisee and City Council and executed by their authorized representatives.
17.19 Paragraph Headings - The subject headings of the paragraphs and subparagraphs of this
Agreement are included for convenience only and will not affect the construction or interpretation of
any of its provisions.
17.20 Draftin - This Agreement, and each of the provisions hereof, have been reached as a result
of negotiations between the parties and their respective attorneys. Each of the parties hereto
expressly acknowledges and agrees that this Agreement shall not be deemed to have been prepared
by or drafted by any particular party and that the normal rule of construction to the effect that any
ambiguities are to be resolved against the drafting party or parties, shall not be employed in the
interpretation of this Agreement.
17.21 Severability - Should one or more of the provisions of this Agreement be held by any court
to be invalid, void or unenforceable, the remaining provisions shall nevertheless remain and
continue in full force and effect, provided that the continuation of such remaining provisions does
not materially change the duties or obligations of either party from those duties or obligations
originally contemplated by this Agreement.
17.22 Entirety - This Agreement and the Exhibits attached hereto represent the entire Agreement of
Town and Franchisee with respect to the services to be provided under this Agreement. No prior
written or oral statement, proposal, or Agreement shall alter any term or provision of this
Agreement.
33 lah\03 agmtVagco
17.23 Nondiscrimination - In performing the collection services hereunder, Franchisee shall not
discriminate against any person on the ground of race, sex, age, creed, color, religion or national
origin.
17.24 Attorney's Fees - In any legal action or proceeding brought for enforcement of this
Agreement, the successful party shall be entitled to recover reasonable attorney's fees and other
costs incurred in that action or proceeding, in addition to any other relief to which the successful
party may be entitled.
17.25 Dispute Resolution
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17.25.1 Call for Mediation - If the parties are unable to resolve a dispute arising under this
Agreement in a cooperative manner, either party may call for mediation, as hereafter
described. The party calling for mediation shall serve notice in writing upon the other party
setting forth the question or questions to be mediated. The costs of the mediation shall be
borne equally by the parties.
17.25.2 Mediation - Within ten (10) days after delivery of the notice called for under
Section 17.23.1, the parties shall select a mutually acceptable mediator from the Judicial
Arbitration and Mediation Service ("JAMS") or other mutually agreeable organization. In
the event the parties are unable to agree on a mediator, a mediator shall be selected for them
at random by the San Francisco office of JAMS. However, either side may reject the
proposed mediator and JAMS will select another. Within ten (10) days thereafter, the parties
shall meet with the mediator in a good faith attempt to resolve their dispute. The parties
shall continue to meet with the mediator until their dispute is resolved or the mediator
indicates that he or she does not believe that further efforts are likely to result in a successful
resolution.
34 lah\03agmt\lagco
WITNESS the execution of this Agreement on the dates set forth below.
Town of Los Altos Hills
A Municipal Corpor t'on
By: 'NA rVJAA,
ity Manager
Date:
Los Altos Garbage Company
A California Corporatio
By. --
C`�.. J ral 1VI /Q4r
Date:"Ii�`
Attest:
Clerk
Ap roved as t Form:
City Attorney
35 lah\03 agmt\lagco
EXHIBIT A: RECYCLABLE MATERIALS
"Recyclable Materials" include:
■ Aluminum, tin, steel and bimetal cans
■ Aseptic containers (like those used for milk and juice)
■ Expanded Polystyrene packaging and packing materials
(foam `peanuts' must be in a plastic bag)
■ Glass bottles and jars of all colors
■ Paper including newspaper and advertising inserts, magazines, catalogs, envelopes, junk mail
and post -it notes, paperboard, flattened cereal and cracker boxes, shoe boxes, gift boxes, paper
egg cartons, construction paper; white and colored paper, telephone books, wrapping paper,
flattened corrugated cardboard boxes, and brown paper grocery bags; and other similar
materials)
• Plastic bags (like those used for dry cleaning, newspapers, groceries or shopping)
■ Plastic bottles, jars, tubs and containers (#1-#7)
■ Scrap and cast aluminum foil and pans (not exceeding forty (40) pounds in weight nor two (2)
feet in any dimension for any single item)
■ Scrap metal (including car parts that are drained of all fluids) pieces not exceeding forty (40)
pounds in weight nor two (2) feet in any dimension for any single item
■ Small kitchen appliances (such as toasters)
■ Steel cans including "tin" cans, empty aerosol cans, and bimetal containers;
■ Used motor oil (in plastic containers with a screw on lid only)
■ Used motor oil filters (in sealed plastic bags only)
■ any other materials mutually agreed to by Town and Franchisee, which are separated by the
generator from other discards for the purpose of returning them to economic use.
"Yard Trimmings" include:
organic materials generated from tree trimming, shrubbery pruning, vegetative garden wastes, dead
plants, weeds, leaves, grass clippings, and other non-food vegetative matter. Individual tree
branches shall not be more than six (6) inches in diameter, or more than six (6) feet long.
"Construction and Demolition Debris" includes:
debris and other materials resulting from the construction, remodeling or demolition of buildings
and other structures; and concrete, asphalt, rock and dirt.
36 lah\03 agmt\lagco
EXHIBIT B: SERVICE RATES
B.1. Residential Service Rates
B.2. Commercial Service Rates
13.3. Excess Service Rates
Charges to Service Recipients for additional Solid Waste or Recyclables collection services
on the same day as normal service
8.4. Extra Services Compensation to Franchisee
a. Debris box and Bin -for -a -day service
b. Charges to Service Recipients for additional Solid Waste collection services on a day
other than the normal day of service
13.5. Special Charge Rates
Yard Trimmings Toters may be purchased by Residential Service Recipients for the total
price of $60.00 per cart, which includes assembly and delivery.
13.6. Special Town Charges
The cost to Town for proper handling and disposal of items containing Freon, and for
Television sets and computer Monitors, from both the on-call cleanup services and for the
multi -site cleanup services, shall be:
37 16\03 agmNagco
Labor
Disposal
Total
Standard Refrigerator,
Freezer or Air Conditioner
$15.00
$15.00
$30.00
Standard TV or Computer
Monitor (up to 19")
$15.00
$20.00
$35.00
Television (20" to 27")
$15.00
$25.00
1 $40.00
Television (27" to 35")
$15.00
$35.00
$50.00
Television (35" to 4511)
$15.00
$50.00
$65.00
37 16\03 agmNagco
Exhibit B. Service Rates
RATE SCHEDULE
Town of Los Altos Hills (LHO)
Effective - April 1, 2003
Each Additional 100': $5.18 per month RDT1
Additional Garbage Can(32Gal): $24.61 per month RAD1
Addn'I Yardwaste Cart(96Gal): $13.99 per month EXYWT
Oversize Can:
CAN SERVICE (MONTHLY RATE):
per month
ROVR
RC1_
RC2_
RC3_
RC4_
UNIV_
DISTANCE
1 Can
2 Cans
3 Cans
4 Cans
Universal
A 0'- 100'
$24.61
$49.21
$73.82
$98.42
$14.50
D 100' - 200'
$29.79
$54.39
$79.00
$103.60
$19.68
E 200'- 300'
$34.97
$59.57
$84.18
$108.78
$24.86
F 300'- 400'
$40.15
$64.75
$89.36
$113.96
$30.05
G 400' - 500'
$45.33
$69.93
$94.54
$119.14
$35.23
H 500'- 600'
$50.51
$75.11
$99.72
$124.32
$40.41
1 600'- 700'
$55.69
$80.29
$104.90
$129.51
$45.59
J 700'- 800'
$60.87
$85.47
$110.08
$134.69
$50.77
K 800'- 900'
$66.05
$90.65
$115.26
$139.87
$55.95
Each Additional 100': $5.18 per month RDT1
Additional Garbage Can(32Gal): $24.61 per month RAD1
Addn'I Yardwaste Cart(96Gal): $13.99 per month EXYWT
Oversize Can:
$6.87
per month
ROVR
Universal -Each Additional 100':
$5.18
per month
UNIVX
No Stop/With Service Charges:
$14.50
per month
NOSTP
Toter Rental (each):
$3.48
per month
WW
Extra Garbage Can (32Gal):
$8.45
per pickup
$57.44
Extra Yardwaste Can (32Gal):
$4.66
per pickup
$694.99
Extra Yardwaste Can (96Gal):
$9.32
per pickup
$599.87
Extra Bag Tag:
$6.60
per tag
$566.43
10+ Extra Bag Tags:
$6.22
per tag
6 X wk
Toter Purchase - Yardwaste
$62.16
each
$172.78
SPECIAL SERVICES CHARGE
Description Customer Billing
Special Pickup Charge (Per Driver) $74.59 per hour
BILLING CYCLES:
Commercial - Every Month
Residential - Billed Apr 1 for Mar/Apr/May
Billed Jul 1 for Jun/Jul/Aug
Billed Oct 1 for Sep/Oct/Nov
Billed Jan 1 for Dec/Jan/Feb
DEBRIS BOX SERVICES (Includes 7 Days Rental):
FRONT LOADER (MONTHLY RATE):
Key Service:
FTL1.5
FTL3
FTL6
FTLPO
TIMES/wk
1 1/2 YD
3 YD
6 YD
PUSH OUT
1 X wk
$123.78
$219.17
$318.97
$28.86
2 X wk
$219.17
$380.80
$504.69
$57.44
3 X wk
$380.80
$538.04
$694.99
$86.39
4 X wk
$476.02
$599.87
$885.59
$115.26
5 X wk
$566.43
$847.53
$1,080.76
$143.94
6 X wk
$666.47
$1,009.18
$1,266.30
$172.78
Extra
$49.94
$66.52
$95.20
Key Service:
$28.96
Per Month FTLK
Compactor Service:
$26.77
Per Yard COMP
Commercial Can Serv.
$25.35
Per 32 -Gal COM
Extra Can Pickup
$24.61
Per 32 -Gal
SPECIAL SERVICES:
Cleaning Fee For Bins $49.81 Per Incident
Redelivery Charge $49.81 Per Incident
Furnishing Chains $49.81 Per Incident
REAR LOADERS (MONTHLY RATE):
* Manure is only provided in 1 yard containers.
Rent Charge
Per Week Per Ton
Description
RLI
RL2
RMAN1
TIMES/wk
1 YD
2 YD
*MANURE
1 X wk
$107.20
$160.98
$128.38
2 X wk
$158.92
$281.49
$256.75
3 X wk
---
---
$342.32
4 X wk
---
---
$459.99
5 X wk
---
---
$577.66
Extra
$35.42
$53.01
$44.12
* Manure is only provided in 1 yard containers.
Rent Charge
Per Week Per Ton
Description
8 Yard
20 Yard
30 Yard
40 Yard
Over 1 Week Over Limit
Tonnage Limit Per Load
6 Tons
3 Tons
3 Tons
4 Tons
--- ---
Debris Box Rates
$549.10
$347.07
$455.86
$569.82
$77.70 $67.34
Yardwaste Recycling Rates
N/A
$269.37
$378.15
$502.48
$77.70 $67.34
C&D Box Recycling Rates
TBA
TBA
TBA
TBA
$77.70 $67.34
BIN -BY -THE -DAY (Includes 3 Days Rental):
Description 4 Yard 7 Yard
Refuse Rate $123.29 $195.81
Yardwaste Recycling Rate $109.82 $174.05
LAH Contract-Extension-2.xls 5/14/2003 4:54 PM
EXHIBIT C: TOWN -WIDE CLEAN-UP SERVICES
1. Materials Excluded from Town -wide Clean-ups:
Franchisee shall not be required to accept the following materials during town -wide
cleanups:
a) tree trimmings which are more than 6" in diameter;
b) more than 30 -gallons per household of debris and other materials resulting from the construction
or demolition of buildings and other structures;
c) more than 30 -gallons per household of concrete, asphalt, rock and dirt;
d) tires; and
e) hazardous wastes, including used motor oil.
2. Materials Included in Town -wide Clean-ups:
A. Franchisee shall accept all solid wastes from residents of Town for disposal.
B. Franchisee shall accept from residents of Town, and keep separate for recycling, the
following materials:
a) recyclables which are collected by the Town's recycling program;
b) yard trimmings which are less than 6 -inches in diameter, and not more than 6 -feet in length;
c) clean (unpainted and untreated) wood;
d) scrap metal items that do not exceed forty (40) pounds in weight and are not more than two (2)
feet long in any dimension;
e) small appliances
f) white goods which do not contain Freon
g) white goods that contain Freon (for which Town will pay for Freon removal)
h) computer monitors and television sets (for which Town will pay for proper handling)
i) up to 30 -gallons per household of debris resulting from the construction or demolition of
buildings and other structures;
j) up to 30 -gallons per household of concrete, asphalt, rock and dirt;
k) undamaged bulky goods (to be donated to a non-profit service organization)
1) textiles (to be donated to a non-profit service organization)
38 lah\03 agmt\lagco
EXHIBIT D: ON-CALL CLEAN-UP SERVICES
Only Residential Service Recipients with garbage service are eligible to use the clean-up services
program. Residential Service Recipients can schedule up to two collection days per year at no
additional charge. Residential Service Recipients must call at least 48 -hours in advance to schedule
on-call collection services.
Each on-call collection allows the Residential Service Recipient to schedule pickup of one of the
following:
1) Garbage and construction debris - collection will occur on the customer's regular Garbage
collection day.
2) Bulky items - collection will occur on the customer's regular Garbage collection day.
3) Yard Trimmings and Wood Waste - collection will occur on the customer's regular Yard
Trimmings collection day.
1. Garbage and Construction Wastes
a) Loose items must be bagged, bundled or boxed. The total pile size must not exceed 4 -feet, by 4 -
feet, by 8 -feet.
b) Construction debris (including concrete, asphalt, rock, dirt and painted wood) must be
containerized, with individual boxes not weighing more than 40 pounds, and with a total weight
not to exceed 250 pounds.
2. Bulky items including:
a) White goods (appliances) which do not contain Freon
b) White goods (appliances) which contain Freon (refrigerators and air conditioners)
c) Computer monitors and television sets
d) Worn and damaged furniture
e) Reusable (undamaged) household goods, toys and textiles to be donated to a non-profit service
organization
3. Yard Trimmings and Wood Waste
a) Yard Trimmings and clean (unpainted and untreated) wood must be bundled, boxed or in a trash
can.
b) Branches must be less than 6 -inches in diameter
c) Bundled piles must not exceed 6 -feet in length, and not weigh more than 50 pounds each. The
total pile size must not exceed 4 -feet, by 4 -feet, by 8 -feet.
No stumps, poison oak, or bug -infested material will be accepted.
No loose piles or plastic bags will be collected.
Restricted/Hazardous Items
No car parts with oil or other fluid residues will be accepted.
No hazardous wastes, including used motor oil will be collected.
Unused clean-up days are not transferable from one calendar year to the next.
39 lahM agmAlagco
EXHIBIT E: DESIGNATED FACILITIES
The following are the Town's Designated Sites and Facilities. At Town's sole discretion,
Town may revise this EXHIBIT D by giving Franchisee thirty (30) days' written notice of the
changes.
Designated Disposal Site is the Newby Island Landfill, San Jose, CA
Designated Recyclables Processing Facility is the Recyclery, Newby Island, San Jose, CA
Designated Yard Trimmings Processing Facility is the Zanker Road Resource Recovery Facility,
San Jose, CA
40 lahMagmtVagco
EXHIBIT F: REPORTING REQUIREMENTS
Monthly Reports.
Franchisee shall submit a written monthly report to Town, within 10 days of the end
of each month.
1.1 Monthly Summary.
The monthly report shall contain a summary of the information reported
pursuant to Section 1 of this EXHIBIT F.
1.2 Telephone Log.
The monthly report shall contain a copy of Franchisee's telephone and
complaint log, and include the name and address of each caller, the reason for the
call, details on each complaint and a description of how each complaint was
resolved.
1.3 New Service Recipients.
The monthly report shall contain a listing of all new Service Recipients,
including their name, address and level of service.
1.4 Missed Picicubs.
The monthly report shall contain a written record of all calls related to missed
pickups, and a description of the response to each call.
2. Quarterlyports.
Franchisee shall submit, within fifteen (15) calendar days following the end of each
three month period, quarterly reports on Solid Waste collection and disposal, and on
Recyclables collection, on Yard Trimmings collection, and Town -wide Clean-up events.
This report information shall meet the reporting requirements of the California Integrated
Waste Management Act, as such Act may from time to time be amended. In addition to the
information required by the California Integrated Waste Management Act, each quarterly
report shall include the information described in Section 2 of this EXHIBIT F.
2.1 Quarterly Summary.
The quarterly report shall contain a summary of the information reported
pursuant to Section 1 of this EXHIBIT F. Reports shall also contain a description of
milestones achieved; staffing levels; and a log of special occurrences; and any other
relevant information, including details of any Town -wide Clean-ups which occurred
during that quarter.
2.2 Sales of Recyclables.
The quarterly report shall contain a quarterly Recyclables sales statement
showing: type of material, the name of each buyer, date of sale, terms of sale,
41 lah\03 aginAlagco
quantity sold (in tons), and net sales (net sales means gross sales minus both sales
returns and sales allowances). Tonnages sold at different prices during the quarter
must be reported separately. Adjustments to previous quarters' sales (such as for
contaminants) shall be reported on the current statement as a reduction in sales and
referenced to the statement for the prior quarter in which the original sale was
actually reported.
2.3 Contaminants.
The quarterly report shall include a statement of the weight (in tons) of
contaminants in the Recyclables collected during the quarter, the weight of the
contaminants expressed as a percentage of the Recyclables collected, and a
description of the disposal methods for the contaminants.
2.4 Problems Encountered.
The quarterly report shall include a narrative account of problems
encountered during the reporting period in connection with Recyclables collection
(including scavenging), processing and/or marketing, and the actions taken by
Franchisee in response. The narrative shall include a description of problems
relating to non -collection because of contamination in the Recyclables Containers or
because of blocked access. The narrative shall also include a description of
Recyclables rejected for sale after processing (by type of material and tonnages)
reason(s) for rejection, and Franchisee's disposal method for the rejected load.
2.5 Public Education Activities.
The quarterly report shall include a description of the public education and
community relations activities performed by Franchisee during the quarter and
Franchisee's evaluation of the success of such activities in promoting the Program or
in addressing problems encountered by Franchisee.
3 Annual Reports.
3.1 Annual Report Submitted By Franchisee.
Within 30 days following the end of each Rate Year, Franchisee shall provide
Town with an annual report containing: a summary report of the quarterly reports for
the year, including information on the total annual quantities of Solid Waste
collected and disposed, Recyclables collected, and Yard Trimmings collected.
The annual report shall also contain a discussion of public awareness
activities and their impact on recycling participation and recovered amounts, and a
discussion of highlights and other noteworthy program experiences, along with
measures taken to resolve problems, increase efficiency, and increase participation.
Franchisee shall prepare and submit to Town, no later than March 31 of each
year of this Agreement, the Annual Report required by the California Integrated
Waste Management Act, for Town to receive and submit to the California Integrated
Waste Management Board.
42 lah\03 agmt\lagco
3.2 Declarations.
Each year of the term of this Agreement, beginning in the year 1998,
Franchisee shall submit to Town, as an attachment to the Annual Report, a
declaration describing the current status of any criminal or civil litigation pending
against either Franchisee's parent company or any subsidiaries of the parent company
which relates to Solid Waste handling, collection, recycling or disposal. Also,
Franchisee shall submit declarations of the current status of any pending criminal or
civil litigation relating to the activities of Franchisee, Franchisee's parent company or
any subsidiary naming any current officer of the parent company or any subsidiary
company as a defendant. For these declarations "current officers" shall be defined to
include those individuals who are presently serving or who have served as an officer
of the parent company or the subsidiary within the two (2) years immediately
preceding the date of the report.
3.3 Vehicle Fleet Information.
Each year of the term of this Agreement, Franchisee shall submit to Town, as
an attachment to the Annual Report, all information required by Section 6.1.6 of this
Agreement.
4. End of Agreement Reports.
Reports covering the last period of this Agreement will be due following the end of
collection services, on the schedule stated in this EXHIBIT F. Therefore, the last
Compensation Payment to Franchisee by Town shall not be made until these reports are
delivered to Town.
43 lahM agmNagco
EXHIBIT G: STREET SWEEPING
The following street segments shall be swept once each month:
Altamont Road, from Moody Road to Page Mill Road
Anacapa Drive, from Visciano Road to Ascension Drive
Arastradero Road, from Page Mill Road north to Town Boundary
Arastradero Road medians at I-280
Black Mountain Road, from Natoma Road to Altamont Road
Blandor Way, from Magdelena Avenue to Olive Tree Lane
Briones Way, from Altamont Road to Via Ventana
Canario Way, from Visciano Road north to end
Conception Road, from Fremont Road to Purissima Road
Corte Madera Lane, from Conception Road west to end
Dawson Drive, from Magdelena Avenue west to end
De Bell Drive, from Manuella Road to Estacada Drive
Dianne Drive, from O'Keefe Lane north to end
Duval Way, from Robleda Road southwest to end
Edith Road, from Fremont Road to bridge
El Monte Avenue, from Summerhill Avenue to Elena Road
Elena Road
Esperanza Drive
Fawn Creek Court, from Page Mill Road east to end
Foothill Lane, from Elena Road north to end
Fremont Pines Lane, from Fremont Road south to end
Fremont Road, from Burke Road to La Paloma Road
Horseshoe Court, from Arastradero Road south to end
Horseshoe Lane, Horseshoe Court west to end
La Barranca Road, from Purissima Road to Elena Road
La Cresta Court, from La Cresta Drive to end
La Cresta Drive, from south end to Arastradero Road
Liddicoat Circle
Lupine Road, from Page Mill Road west to end
Magdelena Avenue, from Eastbrook Avenue to Camino Hermoso
Manuella Road, from Fremont Road to Rancho Manuella Road
Moody Road, from Elena Road to Tanglewood Lane
Murietta Lane, from Moody Road south to end
Natoma Road, from Elena Road to Altamont Road
Newbridge Drive, from La Paloma east to end
Nina Place, from La Cresta Drive west to end
O'Keefe Lane, from El Monte Road west to end
Paseo del Roble, from Page Mill Road to Page Mill Road
Purissima Road, from Robleda Road to Arastradero Road
Roble Ladera
EXHIBIT G: STREET SWEEPING (Continued)
44 lah\03 agmt\lagco
Roble Venento Lane, from Conception Road west to end
Robleda Road, from Fremont Road to Elena Road
Stonebrook Drive, from El Monte Road to Teresa Drive
Story Hill Lane, from Page Mill Road southwest to end
Summerhill Avenue, from El Monte Road to Nicole Lane
Taaffe Road, from Elena Road to Altamont Road
Via Venetana, from Page Mill Road east to end
Viscaino Court
Viscaino Road, from Conception Road to Purissima Road
Via Serena, from O'Keefe Lane north to end
Westwind Way, from Conception Road to La Paloma Road
Amended May 151 2003 at time of Adoption to include:
Voorhees,from El Monte Road to 24704 Voorhees
45 lah\03 agmt\lageo
EXHIBIT H. STREETS DEEMED UNSAFE FOR TRUCKS
There are no unsafe streets as of May 1, 2003.
46 lah\03 agmt\lagco
Resolution No. 23--_0 3
A RESOLUTION OF
THE TOWN OF LOS ALTOS HILLS
APPROVING AND AUTHORIZING EXECUTION OF AGREEMENT
BETWEEN
THE TOWN OF LOS ALTOS HILLS AND
LOS ALTOS GARBAGE COMPANY
WHEREAS, the City Council of the Town of Los Altos Hills ("Town") regulates
the collection and disposal of Solid Waste to protect the physical health and safety of its
inhabitants: and, Town is acting under clearly expressed policies of the State of
California empowering Cities to regulate the collection and disposal of Solid Waste, and
Town and Franchisee desire to enter into a Franchise Agreement for the collection and
disposal of Solid Waste, recyclables and yard trimmings generated in Town:
NOW, THEREFORE, the Town of Los Altos Hills does RESOLVE as follows:
1. Public interest and the physical health and safety of its inhabitants require
Town to enter into the Agreement described above.
2. The Town of Los Altos Hills hereby approves the Agreement and the City
Manager is hereby authorized on behalf of the Town to execute the Agreement between
Town and Los Altos Garbage Company.
REGULARLY PASSED AND ADOPTED this JS day of May, 2003.
By:
Mayor
ATTEST•
Ci lerlc