HomeMy WebLinkAboutNB 5 SOLID WASTE COLL. 12-19-88 TO:
FROM:
SUBJECT:
~..
William Huston - City Manager
Public Works Department - Engineering Division
Renewal of Solid Waste Collection Franchise with Great Western
Reclamation, Inc.
·
RECOMMENDATION:
Request the Tustin City Council, at their regular meeting of December 19, 1988,
to ratify the AGREEMENT FOR COLLECTION AND TRANSPORTATION OF SOLID WASTE REFUSE
P~ODUCED OR ACCUMULATED ..... ~__~ .... CITY._0~_TUSTIN; and, have first reading for
Ordinance Number 1014.~ amending Chapter 3, Sections 4311 et. seq. of the Tustin
City Code relative to solid waste collection.
BACKGROUND:
The existing exclusive franchise for solid waste collection with Great Western
Reclamation, Inc. is due to expire. Several months ago, the City Finance
Director and the City Attorney's office began negotiations to renew the
exclusive.franchise. The attached Agreement is the result of these negotiation
and is deemed to be equitable to both parties (Great Western Reclamation, Inc.
and the City) and in the best interest of'the citizens of the City of Tustin.
During the term of the existing agreement with Great Western Reclamation, Inc.,
the citizens of Tustin have consistently received regular and efficient refuse
collection at a very reasonable rate when compared to other Orange County
cities. Based on a beneficial rate structure to the community for both
residential and commercial refuse collection, past performance by Great
Western, the type of equipment used/maintenance of said equipment and the
,,City's ability to exercise collection control and the Company's response to
citizen concerns, the City Attorney's office determined negotiation for an
exclusive franchise was the most feasible method for 'obtaining a refuse
collection service for Tustin.
The amendments to Chapter 3, Sections 4311 et. seq. of the Tustin City Code
bring the City's refuse collection standards more in line with industry
standards for solid waste collection, address recent legislation in this field
and enhance administrative controls over this service.
Monda Buckley /~ Bob Ledendecker
Administrative Assistant U Director of Public Works
FROM:
SUBJECT:
..
HONORABLE NAYOR AND MEMBERS OF THE CITY COUNCIL'
·
CITY ATTORNEY
SOLID WASTE COLLECTION AND DISPOSAL CONTRACT
The City's contract for solid waste collection and disposal
expired in July and staff and representatives of Great Western
have been negotiating a renewal agreement for a number of months.
We have now reached a form of agreement acceptable to staff and
Great Western.' A copy of the proposed agreement is enclosed.
The term of the contract was the subject of considerable
discussion between Great Western and City staff. The provisions
regarding term are contained in Section 2, which 'reads as
follows:
"2. Term: The term .of this Agreement shall be for a
period of five (5) years commencing on the first day of
July, 1988, and ending on the last day of June, 1993, and
each year thereafter shall automatically be renewed for an
additional period of five (5) years unless City shall have
given Contractor written notice of intention not to continue
at least six (6) month's prior to the end of any such
contract year. Provided, however, that after July 1, 1993
City may terminate this agreement upon one (1) year's prior
written notice to Contractor following a noticed public
hearing and a finding by the City Council in the reasonable
exercise of its discretion that: (1) the service provided
by Contractor has fallen below acceptable standards, and (2)
Co.ntractor has continued to fail to achieve and maintain
reasonable, acceptable standards after a forty-five (45)
days written notice by City to Contractor specifying the
shortcomings in Contractor's performance. This right of
termination is in addition to any other rights of City upon
a failure of Contractor to perform its obligations under
this agreement."
Page Two
This provision should be carefully reviewed by the Council to be
sure the Counc-il finds it acceptable. It is acceptable to
Great Western and the City' staff believes it is within the
parameters acceptable to the Council.
We have also reviewed, revised and updated the Tustin City Code
regarding solid waste collection and disposal and enclose a copy
of a proposed ordinance amending the Tustin City Code.
Recomendation
1. Approve the proposed agreement and authorize and direct the
Mayor and City Council to execute it on behalf of the City.
2. Have first reading and introduction of the ordinance
amending the Tustin City Codeelati~w~r id ~te collection
and disposal.
·
JA~ ~'ROURKE
City Attorney
JGR: se:R:12/08/88 (f244.rr)
· o
AGREEMENT FOR COLLECTION AND TRANSPORTATION
OF SOLID WASTE REFUSE PRODUCED OR
ACCUMULATED IN THE CITY OF TUSTIN
THIS AGREEMENT is made and entered into this day of
, 1988, by and between the City of Tustin, a
municipal corporation of the State of California (hereinafter
referred to as "City") and Great Western Reclamation, Inc., a
California corporation (hereinafter referred to. as "Contractor").
WI TNES SETH
RECITALS:
A. The Legislature of the State of California, by enactment
of California Government Code Section 66755 et seq., declares
that it is in the public interest to authorize and require local
agencies to make adequate provisions for solid waste handling
within their jurisdictions.
B. In the determination of the City Council of the City of
Tustin, the public health, safety and well-being require that
solid waste refuse collection, including, but not limited to,
frequency of collection, means of collection and transportation,
level of services, charges and fees, nature, location and' extent
of such services, be provided by contract without competitive
bidding.
C. The City Council of the City further declares its
intention of maintaining reasonable rates for collection and
disposal of solid waste refuse.
D. The parties hereto have been operating under the terms
of that certain agreement dated May 15, 1972, originally entered
into between Holthe Disposal Service and the City, as the same
has been amended from time to time, and have been generally
satisfied with the performance under said agreement.
E. The City Council of the City of Tustin, having
determined that Contractor by demonstrated experience, reputation
and capacity is qualified to continue to provide for the
collection of refuse within the corporate limits of the City of
Tustin and to transport such refuse to places of disposal,
desires that Contractor be engaged to perform such services on
the basis set forth in this Agreement.
F. Special provisions and arrangements for the collection
and disposal of hazardous waste exist and therefore this
agreement does not provide for or pertain to the collection or
di°sposal of hazardous waste, including, but not limited to
flammable waste, waste transported in a bulk tanker, liquid
waste,:.?-sludge waste, waste from any industrial process, waste
from any pollution control process, residue and debris from the
clean-up of a spill or release of chemical substances, commercial
products or any other special wastes, contaminated soil, waste,
residue, debris and articles from the clean-up of a site or
facility formerly used for the generation, storage, treatment,
recycling, reclamation or disposal of any other special waste,
dead ani_mals, manure, sewage waste, wastewater, explosive
substance, radioactive material, and any material which has been
exposed to highly infectious or contagious diseases.
G. Great Western Reclamation, Inc. is a corporation
organized and existing under the laws of California and has been
and is now a wholly-owned subsidiary of Waste Management of North
America, Inc., an Illinois corporation, which is a wholly-owned
subsidiary of Waste Management, Inc. a publicly owned Delaware
c6rporation with more than ten thousand (10,000) shareholders and
its shares of common stock, of which there are in excess of
forty-eight million (48,000,000) shares outstanding, are traded
on the New York Stock Exchange.
NOW, THEREFORE, in consideration of the respective and
mutual covenants and promises hereinafter contained and made, and
subject to all the terms and conditions hereof, the parties
hereto do hereby agree as follows:
1. Grant of Contract and Franchise:
City hereby grants to Contractor, for the term
hereinafter set forth, the exclusive contract, right and
Privilege to collect and transport to a legally authorized
disposal site or sites all solid waste produced, kept, and/or
accumulated in the City of Tus~in, and Contractor, subject to the
terms hereof, hereby accepts and agrees to faithfully perform
such contract and obligation.
It is agreed that the Contractor shall have the
obligation and duty as well as the exclusive right during the
term of this Agreement, and all renewals thereof, to collect,
receive, transport and dispose of any and all general refuse,
construction refuse and bulky items generated by or within the
City or under its jurisdiction in an efficient, safe, orderly,
sanitary manner, with a minimum of disturbance of the peace and
quiet of the residents of Tustin, and to charge the fees then in
effect for such services. The area to be serviced by Contractor
herein shall include the areas of the City within both the
present and any future boundaries of the City.
Provided, however, that "solid waste", "refuse",
"general refuse", "construction refuse" shall not for the
purposes of this agreement be construed to include hazardous
waste, including, but not limited to, any of the materials
described in recital F hereinabove and Contractor shall have no
duty, obligation or exclusive rights in connect.ion with the
collection or disposal of hazardous waste.
2. Term: The term of this Agreement shall be for a
period of five (5) years commencing on the first day of July,
1988, and ending on the last day of June, 1993., and each year
thereafter sha'll automatically be renewed for. an addi.tional
period of five (5) years unless City shaI1 have given Contractor
written notice of intention not to continue at least six (6)
months prior to the end of any such contract year. Provided,
however, that after July 1, 1993 City may terminate this
agreement upon one (1) year's prior written notice to Contractor
following a noticed public hearing and a finding by'the City
Council in the reasonable exercise of its discretion that: (1)
the service provided by Contractor has fallen below acceptable
standards, and (2) Contractor has continued to fail to achieve
and maintain reasonable, acceptable standards after a forty-five
(45) days written notice by City to Contractor specifying the
shortcomings in Contractor's performance. This right of
termination is in addition to any other rights of City upon a
failure of Contractor to perform its obligations under this
agreement.
3. Contract Documents: The contract documents consist of
the ordinances of the City of Tustin regulating solid waste
collection as the same exist 'or as may be amended, this
Agreement, the performance bond, and all other required documents
which are hereby incorporated and made a part of this Agreement
as though'set forth in full herein and are considered as one and
not severable.
4. Serv'ice: Ail persons occupying or maintaining a
place of residence in a single-family dwelling unit or in a
multi-family dwelling of three' (3) or fewer units within the
contract area shall be provided can service with regular
collection service under this Agreement, not less often than
weekly, and on a schedule approved by City.
Ail persons occupying or maintaining other premises
within the contract area shall also be provided regular
collection service under this Agreement.
Multi-family dwellings of 'four (4) or more units and
commercial service accounts shall be'provided bin service with
collection at the frequency for which they shall contract, such
frequency to be not less than that which shall be adequate to
maintain service; provided, however, that for premises deemed by
the Finance Director to be impractical for bin service, can
service shall be provided at commercial can service rates, in a
healthful and unlittered condition.
5. Conformance with City Ordinances: Collection shall
be made and the Contractor shall operate in conformance with the
ordinances, rules and regulations of the City of Tustin
regulating~'~solid 'waste collection and disposal.. City shall take
reasonable and appropriate steps to require citizens to comply
with the provisions of the Tustin City Code relative to
collection and disposal of solid waste.
6. Office:
The Contractor shall establish and maintain a local
office and other facilities throug'~ whi6h it can. be contacted,
where service may ..be applied for, and complaints can be made. It
shall be equipped with sufficient local-call area telephones,
shall have a responsible person in charge during collection
hours, and shall be open during collection hours.
7. Equipment:
(a) Vehicles used by Contractor in the collection and
disposal of solid waste shall be in a safe and operable condi-
tion. No materials shall be permitted by Contractor to leak,
fall or be spilled from any such vehicles or bins attached there-
to.
(b) Containers to be used by multi-family (four or
more units), industrial and commercial units shall be provided by
Contractor. Said containers shall be of proper design and
adequate size and with suitable operable lids, where needed, so
as to contain all contents therein in such manner so as to
promote good housekeeping conditions. Containers shall be
maintained in a reasonable state of repair, painted and of
presentable appearance. Users shall be responsible for the
cleanliness, sanitation, and deoderizing of such containers
provided, however, contractor shall provide in its customer
Contracts for extraordinary cleaning service to be performed at
the request of the customer or the city for a reasonable fee
specified in such contract to be paid by its customer.
8. Charqes and Rates:
For services required to be performed under this Agree-
ment, the charges shall not exceed the rates as fixed by the City
from time to time pursuant to the provisions of this Agreement.
For solid waste collected in the manner herein provided, the
rates shall not exceed the following:
(a) Residential: For single residential properties
and' three (3) or fewer multi-family units with
non-bin regular service once weekly at curb or
alley with materials stored in approved containers
or manner, and collection limited to 200 pounds of
solid waste per week, the charges to be collected
on the tax roll paid by City to Contractor in
accordance with attached Schedule "A".
(b) Commercial Can Service: Can service to commercial
premises which can reasonably be served with basic
non-bin service, shall be once weekly at curb or
alley, with materials stored in approved
containers and manner, collection limited to 200
pounds of solid waste per week at one location
only, with charges to be collected on the tax roll
and paid by City to Contractor in accordance with
attached Schedule "A".
Mu_l.ti-Familx Can Service: Multi-family can
service shall be provided to multi-family premises
of.four (4) or more units which, in the
determination of the Finance Director of City,
cannot reasonably and practicably be served by bin
service. Multi-family can service shall be
provided once weekly at curb or alley, with
materials stored in approved containers and
manner, collection limited to 200 pounds of solid
waste per week at one location only, with charges
to be collected on the tax roll and paid by City
to Contractor in accordance with attached Schedule
"a".
(d) Commercial,.. Multi-Family and Other: Service to
premises other than those covered by paragraphs
(a), (b) and (c) above shall be as follows:
Commercial, multi-family (four or more multi-
family units) (except as covered by 8(c) above)
and other services shall be by bin service at such
frequency and at such location as shall be agreed
upon by Contractor and the customer, with
materials stored in containers and manner approved
by City for such service, charges to be paid. by
customer and collected directly by Contractor, in
accordance with attached Schedule "Aw. Special
handling charges may be necessary in addition to
the attached schedule. The Contractor shall pay
to City a Franchise Fee of two percent (2%) of the
gross receipts for services provided pursuant to
this paragraph 8 (d).
(e) Special Haulinq Service: For (i) collections re-
quested by occupants or owners of bulky materials,
(ii) large items requiring special handling and
pickup at times other than normally schedule,
(iii) solid waste (not including hazardous waste,
as defined in the Tustin City Code) contained in
approved containers, containers provided by the
Contractor or approved bundles at approved
locations, and (iv) items requiring special
handling due to size, weight, type of material, or
method of placement, the charges are to be
negotiated between' Contractor and generator prior
to collection. If agreement cannot be reached,
the matter may be submitted to the 'City, and its
decision, shall be binding. The charges shall be
-- paid by customer and collected directly by the
Contractor. Contractor shall pay to City a
Franchise Fee of two percent (2%) of the gross
receipts for services provided pursuant to this
paragraph 9(c) .
(f) Rate Adjustments:
(i) Annual Unit Recomputations: The number of
single-family and multi-family dwellings of three
(3) or fewer units on a per unit basis shall be
recomputed annually by the City not later than to
be effective prospectively July 1st of each year
commencing July 1, 1989, for the fiscal year July
1, 1989 to June 30, 1990 and the per unit fees to
be paid by City to Contractor for services to be
rendered during that year will be based on that'
recomputation. It is agreed that as of July 1,
1988, the number of such residential units is
5,390 and the number of commercial can units is
707.
(ii) Annual Regular Rate Adjustment: Refuse
collection rates covering the fee classifications
of rates and charges referred to in paragraphs
9(a), 9 (b) and 9 (c) shall be adjusted not less
than annually to be effective prospectively on
July 1 of each year of the term of this Agreement,
commencing July 1, 1989. The components of costs
and the percentages of total cost allocated to.
each as set forth in attached Schedule B shall be
applied to the increases and/or decreases in each
of the categories of costs derived from the in-
dices set forth in attached Exhibit B to calculate
the Consumer Price Index weighted average
percentage of increase or decrease which shall
then be applied to the latest, previously fixed
fees to arrive at the adjusted fees which shall be
applicable for the succeeding year. In lieu of
the use of the cost components, the weights
thereof and the indices described above, City may
in its discretion use the cost components, weights
thereof and indices used by the County of Orange
in establishing refuse collection rate adjust-
ments.
An example of computation of this method is set
forth on Schedule C attached hereto. The percent-
age of rate increase or decrease utilizing the
foregoing methods shall be determined by City,
provided however, Contractor shall have the right
to review the calculations for the purpose of
verifying the authenticity of the index and the
percentages utilized.
~iii) ~ Extraordinary Rate of Adjustment: Contractor may
petition City for rate adjustments at reasonable
times on the basis of unusual changes in its cost
of doing business, including, but not limited to
items such as revised laws, ordinances or regula-
tions, changes in location of disposal sites,
changes-in disposal charges, etc.
(iv) Gate and Transfer Station Fees:~ In addition
to the charges prescribed in this paragraph 8,
there shall be added, from time to time, the
amount' Which w'ill be the actual, proportional,
additional amount necessary to compensate Contrac-
tor for any increase in gate fees imposed by the
County of Orange after July 1, 1988, at solid
waste disposal sites utilized by Contractor for
disposal of solid waste collected within the City
of Tustin and for any fees imposed by the County
of Orange for utilization of transfer stations.
9. Changes in Manner of Collection and Payment of Charges:
City shall pay Contractor for the services as provided
in paragraph 8 above. All other fees and charges for services to
be provided by Contractor shall be paid for by the generator of
solid waste and collected directly by Contractor. Provided,
however,, that City shall have the option from time to time upon
thirty (30) days written notice to Contractor to have the charges
for services paid by the customer and collected by Contractor
directly from the customer, provided that the amount which may be
Charged by Contractor directly to customers may be increased by
one dollar and twenty cents ($1.20) per month per dwelling unit
or such other amount as to which City and Contractor may agree as
an added cost of collection during any period that Contractor is
effecting collection directly. During such time as the fees for
new premises can not be collected via the tax roll, Contractor
shall bill the customer directly. Contractor shall pay to City a
franchise fee of two percent (2%) of the gross receipts paid by
customers and collected directly by Contractor.
10. Location:
All solid waste shall be placed at a location that is
readily accessible to the Contractor's personnel, as described in
the C~ty ordinances.
11. Recycling Rights.:
The City shall not grant to any other person or firm
the exclusive right to collect any specified type of refuse for
recycling purposes until Contractor has been offered such right
on the same terms and conditions and has declined to accept it.
12. Containers in Public Streets and Rights-of-Way-'
· :.-.' Contractor shall not place or permit to r-e~ain any of
its bins, dumpsters or other containers within any street, high-
way, alley, public right of way or property of City without the
prior, express, written approval of the Director of Pub. lic Works
of City-and in full conformity with each, every and all terms,
conditions and limitations of such approval.
13. ComPliance With Law:
Contractor shall secure and maintain a business
license to operate within the City of Tustin and any other
licenses or permits required by Federal, State, County or local
law, ordinance or regulation.
Contractor shall fully comply with each, every and all
of the laws of the United States of America, the State of
California, the ordinances of the City of Tustin and t~e Tustin
City Code, specifically including Chapter 3 of Article IV
commencing with Section 4311, and all rules and regulations of
the City of Tustin as said laws, ordinances, code rules and
regulations now provide and as they may be amended hereafter.
14. Insurance:
(a) Public Liability Insurance: At all times during
the term of this Agreement, or any extension thereof, and prior
to the commencement of. any work hereunder, the Contractor, and
any subcontractor doing work hereunder, shall secure, maintain
and pay all 'premiums for such public liability and property
damage insurance as shall protect it from claim for damages for
personal injury, including accidental death, as well as from
claim for property damages, which may arise from operations under
this 'Agreement, whether such operations be by itself or by any
subcontractor, or by anyone directly or indirectly employed by
either of them. Said insurance shall be in a form approved by
the City Attorney. The amounts of such insurance shall be as
follows:
Public liability insurance in an amount not less than
$3,000,000.00 for injuries, including accidental death, to any
one person, and subject to the same limits for each person, in an
amount not less than $5,000,000.00 on account of any one
occurrence, and property damage insurance in an amount of not
less than $500,000.00.
- Current policies or certificates evidencing the above-
required coverage shall be filed and maintained at all times with
the City and the City shall be named therein as an additional
named insured. Said policies shall include the following
provisions: "The unqualified word "insured", wherever used in
this policy, also includes the City of Tustin, California, but
solely as respects any liability arising out of the operations of
the named insured and its employees and agents. It is further
agreed that such insurance as is afforded by this policy to the
City of Tustin, California, as additional named insured under
this p6ticy, shall be primary insurance and not contributing with
any other insurance available to the City of Tustin, California,
under any third party liability policy. It is further agreed
that the "other insurance" condition of this policy is amended to
conform therewith. It is further agreed that the above insurance
for the City of Tustin, as additional named insured, affords
coverage for accidents attributable to the general supervision by
the City of such operations, but excludes liability for accidents.-
caused' by the sole negligence or sole willful act of City or any
of its employees. The policy shall not be cancelled without
thirty (30) days' prior written notice mailed to the City ,by
certified or registered mail ".
(b) Workers' Compensation Insurance: The Contractor
and his subcontractors, if any, shall obtain, and pay all
premiums on and maintain in full force and effect throughout the
entire term of the contract, full workers' compensation insurance
in accord with the provisions and requirements of the Labor Code
of the State of California, and any other applicable law.
Certificates of such insurance approved as to form by the City
Attorney, shall be filed with the City Clerk prior to commencing
any work under the terms of this Agreement. The Contractor shall
immediately provide the City with written notice of any
cancellation, withdrawal and/or change of any such insurance.
15. Faithful Performance Bond:
The Contractor shall furnish to the City and maintain
and file with the City Clerk a corporate surety bond, or other
acceptable surety, approved as to form by the City Attorney
executed by the Contractor as principal and by.a corporate .surety
as surety, in the sum of $100,000.00 conditioned upon the
faithful performance of this Agreement by the Contractor and his,
subcontractors.
16. Indemnification:
Ail work provided by this Agreement to be performed by
Contractor shall be at the risk of Contractor alone and
Contractor agrees to save, indemnify and keep harmless City
against any and all liability, claims, judgments or demands,
including demands arising from injuries or death of persons
(Contractor's employees included) and damage to property, arising
directly or indirectly out of the obligations herein undertaken
or out of the operations conducted by Contractor, save and except
claims or litigation arising through the sole negligence or sole
willful misconduct of City and will make good to and reimburse
City for any expenditures, including reasonable attorneys' fees,
City may make by reason of such matters and, if requested by
City, shall defend any such suits at the sole cost and expense of
Contractor.
17. Assignment: The Contractor shall not assign, transfer,
subcor~tract or sell this Agreement or any interest therein, or
any privileges or rights granted herein without the written
conser~t"of the City first being obtained, and then only to a
person or persons approved by the City and subject to such terms
and conditions as the City may require. Consent to one assign-
9
_.
ment shall not be deemed a consent to any subsequent assignment.
Any assignment without such consent and approval shall be void
and shall, at the option of the City terminate this Agreement and
the rights and privileges granted herein. This prohibition
~extends to the sale or assignment of a majority or controlling
'interest in the stock of Contractor.
18. Default:
.. (a) Labor Disputes: In the event of labor disputes
during~which time the Contractor is unable to perform the ser-
vices described herein and as a result of said inability to
perform, an ascertainable health hazard or public nuisance is
created, as determined by City, Contractor agrees to permit City
to take temporary possession and to operate all of Contractor's
equipment and facilities necessary to continue the service and
eradicate said health hazard and/or public nuisance. The City
shall have the right tor retain possession of and operate such
equipment and facilities until said labor dispute is settled or
until Contractor can demonstrate to the satisfaction of City the
capability to provide the required services. All costs incurred
by the City for the operation and maintenance of said equipment
and facilities, including salaries, in providing collection and
disposal services shall be deducted from the monthly compensation
due to the Contractor. In addition to these costs the City shall
deduct an additional twenty percent (20%) of all salary costs as
overhead.
(b) Bankruptcy: In the event: (1) the Contractor
files a voluntary petition in bankruptcy, (2) involuntary
proceeding in bankruptcy is instituted against the Contractor,
(3) the Contractor is adjudicated bankrupt by a court of compe-
tent jurisdiction, (4) a court takes jurisdiction of the
Contractor's assets under the provisions of any federal
reorganization act, (5) the Contractor files a petition under any
part of the Bankruptcy Act, (6) a receiver of the Contractor's
assets is appointed, or (7) the Contractor is divested of its
estate or other interest herein by any other operation of law or
is uanble to perform hereunder by virtue of any operation of law,
this Agreement shall immediately terminate, and, in that event,
this Agreement shall not be deemed or treated as an asset of the
ContrRctor.
In the event that this Agreement is terminated as
provided in this section, the Contractor agrees to permit the
City to take temporary possession and to operate all of the
Contractor's equipment and facilities necessary to perform the
services agreed to be performed hereunder by the Contractor. The
City shall have the right to retain possession of said equipment
and facilities for a period not to exceed twelve (12) months.
The City Shall pay the Contractor a reasOnable rental for such
equipment and facilities d. uring the time the same are used by the
,
10
City. Such rate shall not exceed Five Hundred Dollars ($500.00)
per day; however, said maximum rental rate shall be adjusted
commensurate with any increase or decrease of operational costs,
exclusive of labor, as determined by the City.
(c) Failure to Perform: In the event the Contractor
fails in the performance of any material term, condition or
covenant hereunder, the City shall give written notice of said
failure to the Contractor or its designated agent. The Contrac-
tor shall have thirty (30) days within which to cure or remedy
same; however, if the Contractor fails, neglects, or refuses to
cure or remedy said failure for a period of more than thirty (30)
days after service of said notice, then the City, without further
notice and without suit or proceedings,' may cancel and annul the'
rights and privileges granted hereunder and terminate this Agree-
ment.
Termination, as provided for in this section,
shall not be deemed as a waiver of any damages occasioned by the
Contractor's failure to complete the contract according to its
provisions. It is further understood and agreed that should the
Contractor fail or refuse to furnish the.labor, materials, and
equipment to do and perform all the work and labor provided for
herein, in the manner set forth, and in a good and workmanlike
manner, it shall, in addition to any other provisions present in
the contract documents, be liable to the City for all losses or
damages that the latter may suffer on account thereof.
19. Number .of Copie~:
This Agreement may be executed in any number of
counterparts, all of which shall have full force and effect of an
original for all purposes.
20. Law to Govern:
This Agreement shall be governed by the laws of the
State of California both as to interpretation and performance.
21. Modification:
- - This Agreement constitutes the entire Agreement and
understanding between the parties hereto, and it shall not be
considered modified, altered, changed, or amended in any respect
unless in writing and signed by the parties hereto.
22. waiver:
The failure of the City at any .time to require
performance by the Contractor of any provisions hereof shall in
no way affect the right of the City thereafter to enforce same.
Nor shall waiver by the City of any breach of any provisions
hereof%be taken or held to be a waiver of any succeeding breach o~
such provisions or as a waiver of any provision itself.
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23. Point of Contact:
Ail dealings, contacts, etc. between the Contractor and
the-City shall be directed by the Contractor to the City Manager.
'24. Illeqal Provisions:
If any provision of the Agreement shall be declared
illegal, void or unenforceable, the other provisions shall not be
affected but shall remain in full force and effect.
25. Notice:
A letter addressed and sent by certified United States
mail to either party at its business address shown below, or as
hereafter prescribed in writing by either party to the other,
shall be sufficient notice whenever required for any purpose in
this Agreement:
City of Tustin
300 Centennial Way
Tustin, Ca. 92680
ATTN: City Manager
Great Western
Reclamation Inc.
.Post Office Box 2005.
Santa Ana, Ca. 92707
26. Attorneys' Fees and Costs: If any action is filed to
enforce or interpret any of the provisions of this Agreement, the
non-prevailing party agrees to pay the prevailing party
'reasonable attorneys' fees and costs.
27. Effective Date:
This Agreement shall become effective forthwith upon
execution and the Contractor shall begin collection of ~he solid
waste as provided herein on ·
CITY: CONTRACTOR:
CITY OF TUSTIN
GREAT WESTERN RECLAMATION, INC.
BY:- 'BY:
ATTEST:
Mayor
City Clerk
APPROVED AS TO FORM:
JAMES' G. ROURKE, City Attorney
JGR: se :R: 11/21/88 (534)
SCHEDULE A
CHARGES AN___~D RATES.
a. Residential: Single and three (3) or fewer multi-family
units: non-bin regular service once weekly at curb or alley;
materials stored in approved containers or manner, collec-
tion limited to two hundred (200) pounds of solid waste per
week. Charges to-be paid by City to Contractor:
·
MONTHLY CHARGE
Per Dwelling Unit Served $4.07
b. Commercial Can Service: Can service to commercial premises
and such othei premises as are determined by the Finance
Director to be impractical for bin service which can
reasonably be served with basic non-bin service, once weekly
at curb or alley, with materials stored in approved
containers and manner, with collection limited to 200 pounds
of solid waste per week at one location only, with charges
paid by City to Contractor.
C.
MONTHLY CHARGE
$4.45
Per Billing Units Served
(One business or building
represents one billing unit)
·
Commercial, Multi-family and Other: Service to premises
other than those covered by paragraphs "a" and "b" above
shall be provided by bin service ~f size, frequency and
location as shall be agreed upon by Contractor and customer;
materials shall be stored in approved containers and manner;
charges shall be paid by customer and collected by
Contractor. Contractor shall pay a franchise fee to City of
two percent (2%) of the gross receipts for such services.
Charges for such bin service shall be as follows:
SCHEDULE A - Page 1
SCHEDULE A
SCHEDULE A (Continued)
Multi-family units of four or more units which are
physically situated in such a way as to make bin service
impracticable, may, upon concurrence of Contractor and City
be served by commercial can service.
d. Special Haul Services: Collections requested by
occupants or owners for items requiring special handling due
to size, weight, type of material, or method of placement,
the charges are to be negotiated between Contractor and
generator prior to collection. If agreement cannot be
reached, the matter may be submitted to City, and its
decision shall be binding. Charges to be paid by customer
and to be collected directly by Contractor. Contractor
shall pay a Franchise Fee to City of two percent (2%) of the
gross receipts for such services.
SCHEDULE A-Page 3
SCHEEULE B
WEIGHTED AVERAGE
REFUSE RATE INfREASE COMFJTATION
CCNgJ~ER PRICE INI)EX WEIGHTED AVER/~E ME~OD
Cost
Comment
% Increase
(From Sep.
Weight Indexes) Index
Sour ce
Average Hourly
Earnings
Gasoline
Motor Trucks
General Purpose
Machinery and
~qui~ment
Automobile Parts
and ~qui~ment
Fabricated
Structural
Metal Products
All Other
0.3325
0.0800
0.0700
0.1431
0.0244
0.0200
0.3300
1.0000
Establishment Data
Hours & Earnings
Sanitary Services
(SIC) 495 Average
Hourly Earnings
Employment
& Earnings (E&E)
Publish ed Mon-
thly by Bureau
of Labor
Statistics (BLS)
Consumer Price In-
dex (CPI) Unadjusted
U.S. City Average
All Urban Consumers
Gasoline
Monthly labor
review (MLR)
Published mon-
thly by Bureau
of Labor
Statistics
Producer Price Index
(PPI), Motor Trucks
(code 141102)
Producer Prices
and Price Indexes
Published Monthly
by BLS
PPI, General Purpose MLR
& ~qui~ment (Code 11-4)
PPI, General
Purpose Machinery
and ~qui~ment
PPI, Fabricated
Structural Metal
Products (code 10-7)
CPI, Los Angeles-
Long Beach,Anaheim,
(Unadjusted) ,All
Urban Consumers,
All Items
MLR
Report Published
Monthly by BLS
SCHEDULE B
SCHEDULE C
CPI WEIGHTED AVERAGE
EXAMPLE OF COMPUTATION
Index
Percent Increase
Weight
Amount
Average Hourly
Earnings
Gasoline
Motor Trucks
General Purpose
Machinery and
Equipment
Automotive Parts
and Equipment
Fabricated
Structural
Metal Products
Ail other
(CPI, L.A., Long
Beach, Anaheim,
Ail Items)
7.37 0.3300 2.4321
(7.36) 0.0900 (0.6624)
2.63 0.0650 0.1710
5.20 0.1325 0.6890
3.37 0.0225 0.0758
3.08 0.0200 0.0616
5.24 0.3400 1.7816
TOTAL
1.0000 5.3822
Adjusted Rate Increase
5.38%
SCHEDULE C
RESIDENTIAL COLLECTION SERVICE AND CHARGES BY.~URISDICTION
Jurisdiction
-.1988/1989
........... Commercial
Bins
S.F. Typical
Monthly Resident 3 Yard
Rate Billed Lo/High
Anaheim
Brea
Buena Park
Costa Mesa
$6.11 Utility
Bill
$4.17 Utility
Bill
$5.75 Utility
Bill
$6.45 Tax Roll
$52.75 $156.18
$42.11 $149.11
$48.50 $185.75
$60.50 $190.00
Cypress
Fountain Valley
Fullerton
Garden Grove
Huntington Beach
$6.50 Utility
Bill
$7.05 Utility
Bill
$5.50 Utility
Bill
$5.27 Utility
Bill
$5.00 Tax Roll
$65.00 $200.00
$60.50 $190.00
$59.05 $161.80'
$60.50 $190.00
$59.00 $185.00
Irvine
$6.87 Tax Roi1 $48.00 $148.00
Laguna Beach
$6.00 Tax Roll $56.00 $139.00
La Habra
La Palma
Los Alamitos
Mission Viejo
$5.77 Utility
Bill
$6.74 Utility
Bill
$6.40 Utility
Bill
$6.90 Hauler
$50.96 $167.44
$54.44 $217.74
$65.00 $200.00
$42.49 $67.68
Newport Beach
$4.30 Tax Roll
Orange
Placentia
$6.35 Utility $51.15 $134.50
Bill
$5.97 Hauler $49.97 $135.85
RESIDENTIAL COLLECTION SERVICE AND CHARGES
1988/1989
Jurisdiction
S.F.
Monthly Resident
Rate Billed
San Clemente
San Juan Cap.
BY JURISDICTION
Santa Ana
Seal Beach
Stanton
Tustin
Villa Park
Commercial
Bins
Typical
3 Yard
Lo/High
Westminster
Yorba Linda
Unincorporated Area
$5.30 Utility $56.05 $147.30
Bill
$5.01 Hauler $43.91 $135.62
$7.34 Utility $66.00 $191.00
Bill
$8.60 Utility $83.00 $135.00
Bill
$6.90 Utility $59.50 $199.20
Bill
$6.06 Tax Roll $38.09 $129.06
$7.05 Hauler $60.00 $165.00
$4.00 Tax Roll $60.50 $190.00
$6.40 Hauler $50.00 $200.00
$7.02 Hauler $42.49 $67.68
County Wide Average
Tustin Rate as %
of County Ave.
$6.10
$55.02 $162.14
99.36% 69.23% 79.60%