Loading...
HomeMy WebLinkAboutAgr 1995-12-06 (Mill Valley Refuse Service)SOLID WASTE MANAGEMENT AGREEMENT BETWEEN THE TOWN OF TIBURON AND MILL VALLEY REFUSE SERVICE, INC. TABLE OF CONTENTS Recitals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Section 1. - Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Section 2. - Term . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Section 3. - Performance . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Section 4. - Termination for Non-Performance . . . . . . . . . . . . . . . . . 3 Section 5. - Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Section 6. - Hold Harmless . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Section 7. - Franchise Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Section 8. - Examination of Records . . . . . . . . . . . . . . . . . . . . . . 4 Section 9. - Right of Inspection . . . . . . . . . . . . . . . . . . . . . . . . 5 Section 10. - Extra Services . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Section 11. - Rate Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Section 12. - Hearing of Rate Review . . . . . . . . . . . . . . . . . . . . . . 5 Section 13. - Billing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Section 14. - Recycling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Section 15. - AB939 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Section 16. - Assignment . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Section 17. - Further Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Section 18. - Separability . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 SOLID WASTE MANAGEMENT AGREEMENT THIS AGREEMENT is made and executed this 6 71- day of C~- by and between the Town of Tiburon, a municipal corporation, hereinafter referred to as "Town," and Mill Valley Refuse Service, Inc., a California corporation, hereinafter referred to as "Collector." WITNESSETH: WHEREAS, the Town and the Collector or its predecessors have heretofore entered into an agreement granting the exclusive right of arranging for the collection, removal and disposal of garbage from within the Town; and WHEREAS, said agreement had been extended and the term thereof is now scheduled to terminate on December 31, 1999; and WHEREAS, the granting of said exclusive right is permitted pursuant to section 40059 of the Public Resources Code of the State of California and is intended to enable the Town to better regulate the collection, removal and disposal of said garbage inasmuch as it is in the public's interest; and WHEREAS, the granting of an exclusive franchise to the Collector is in the best interest of the Town from the standpoint or furthering the Town's desire to mitigate the potentially adverse impacts that unrestricted refuse equipment and vehicles might have on the infrastructure; and WHEREAS, it is the desire of the Town to ensure compliance with the Integrated Waste Management Act. of 1989 (AB939) as it now exists or as it or its successor legislation may be modified and/or enacted in the future, with the express purpose in mind of meeting the waste diversion goals established by the State of California; and WHEREAS, the Town and the Collector now desire to enter into a new agreement which shall replace and supersede the previous agreement and all amendments and modifications thereto. 1 January 30, 1996 NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, IT IS AGREED AS FOLLOWS: SECTION - DEFINITIONS. As used throughout this agreement, the following terms shall have the meanings set forth below: A. "AB939" shall mean the Integrated Waste Management Act of 1989. B "DISPOSAL FACILITY" shall mean any facility that is licensed by the State of California and the local jurisdiction in which it is located to receive garbage and green waste. C "GARBAGE/TRASH/REFUSE" shall mean and include any and all garbage, debris, animal and vegetable waste resulting from the handling, preparation, cooking and consumption of foods, grass or weed cuttings, tree and brush trimmings, roofing, construction and demolition wastes, and all other waste materials such as metal, glass, crockery, sweepings, paper, wrappings, containers, cartons and similar articles. D. "GREEN WASTE" shall mean any and all vegetative matter that is compostable and shall include, but not be limited to, grass, shrub, bush, and weed clippings and tree trimmings and cuttings. E. "GREEN CAN" shall mean any receptacle provided by the Collector for the periodic collection of Green Waste. F. "RECYCLABLES" shall mean any and all manufactured consumer waste or byproducts that are capable of being reused in their same form or in a different form. G. "RECYCLING" means the collection or processing of any recyclables outside of the premises from which such materials have derived. SECTION 2. _ TERM. The term of this agreement shall be from the date hereof through December 31, 2005. At the end of each year, this agreement will be extended automatically for another year, which year shall be added to the end of the term unless either party gives written notice to the other parry canceling any such extension, providing however, that every fifth year commencing in 2000, the Town may, at its sole discretion, require an affirmative action of the Town Council for the annual one year extension of this agreement, providing however, that if the Town elects not to subject the annual extension of this agreement to Council review and ratification in the year 2000, or on each subsequent fifth year anniversary thereafter, it shall be extended automatically for another year. If notice of cancellation is given, this agreement will continue in force only to the end of its then remaining term. 2 January 30, 1996 SECTION 3. _ PERFORMANCE. The Collector shall, during the term of this agreement and any extension thereof, have the sole and exclusive right to collect and dispose of garbage from within the Town, and shall perform all services required of it by the provisions of the Municipal Code of the Town relating to garbage collection and recycling, which services shall include, but not be limited to, residential and commercial refuse collection and disposal, green waste collection, processing and diversion, debris box collection and disposal, annual free collection and disposal of residential bulky goods, weekly collection and diversion of recyclables, and free public facilities refuse collection and disposal of garbage. Once collected by the Collector, any and all garbage and green waste shall become the property of the Collector, and shall be disposed of at, or diverted to and/or through, whatever disposal or diversion facility the Town deems appropriate. The Town agrees, through its officers and agents, to require property owners of the Town to comply with same, including not less than weekly garbage collection from each residence and business within the Town. The Collector shall, between the hours of 5:00 AM and 5:00 PM weekdays, conduct its garbage collection and recycling business in the Town in compliance with all sanitation regulations, health laws, and ordinances the Town, State of California and Federal Government now has in force or which may be adopted at any time during the term of this agreement or any extension hereof, and in accordance with good business practices and methods customary in such line of business, and shall receive, collect, remove and dispose of all garbage offered to it for disposal from within the Town, when tendered in industry approved containers or receptacles used for such purpose. The collection of debris box refuse from non-residential properties shall not be subject to the hours of operation delineated above. The Town shall require that the owner of any residence within the Town shall be responsible for payment of the charges and rates levied by the Collector as authorized by this agreement. The Collector shall be obligated to collect, remove or dispose of garbage from any residence even if the owner or occupant of said residence is in arrears in the payment of garbage removal charges. In May of each calendar year, the Collector shall notify the Town of all delinquent accounts and the Town shall use its nuisance abatement powers to effect the collection of all delinquent payments through the property lien process and remit same to the Collector. SECTION 4. _ TERMINATION FOR NON-PERFORMANCE. If the Collector fails, refuses or neglects to comply with any of the terms hereof or any laws, ordinances or regulations referred to herein, or defaults under any provision of this agreement, for a period of thirty (30) days after having been notified thereof by the Town Council of Tiburon, then, after a hearing upon at least ten (10) days' written notice to the Collector, the Town shall be entitled to terminate this agreement 3 January 30, 1996 ninety (90) days from written notice of the Town Council's decision to terminate for non- performance. Such remedy shall not be deemed an election and shall be in addition to any and all rights and remedies against the Collector which the Town may have by law or hereunder. SECTION 5. _ INSURANCE. For the protection of both the Collector and the Town, the Collector shall provide and maintain a minimum $1,000,000 workers' compensation insurance policy, a minimum $5,000,000 per occurrence general liability insurance policy, and a minimum $1,000,000 automobile liability insurance policy with a reputable insurance carrier with a BEST or comparable rating firm rating of AA or better. The limits of coverage shall be reviewed periodically and adjusted to reflect limits that the Town deems appropriate for providing protection for both the Town and the Collector. The Collector agrees to name the Town, it officials and its employees as additional insureds on the general liability insurance policy and the automobile liability insurance policy. The Collector further agrees to submit evidence of such coverages to the Town upon the execution of this agreement and annually thereafter on/or about July 1. SECTION 6. _ HOLD HARMLESS. The Collector agrees, at its sole cost and expense, to defend, save and hold the Town, its officers, agents and employees, free and harmless from any and all losses, claims, causes of action or administrative proceedings arising out of alleged anti-trust, anti-competitive or unfair business practices or in any way related to the activities of the Collector pursuant to this agreement or any extension hereof. SECTION 7. _ FRANCHISE FEE. The Collector agrees to pay to the Town an amount equal to ten percent (10%) of the gross receipts of the Collector, which gross receipts are derived from customers or property owners furnished with garbage service by the Collector within the territory regulated by the Town. The franchise fee shall be paid for each and every calendar year during the term of this agreement, or any extension hereof, which amounts shall be paid quarterly within thirty (30) days of January 1, April 1, July 1, and October 1 of each year, accounting for the gross receipts for the immediately preceding three (3) month period. It is further agreed that the franchise fee may be modified at the discretion of the Town by adoption of a resolution that either decreases or increases the percentage of gross receipts specified above. SECTION 8. _ EXAMINATION OF RECORDS. At any time during the period of this agreement or any extension hereof, the Town shall have the right to examine any and all of the records and accounts, books, charges, and receipts of the Collector, and the Collector agrees that during said period it will keep, maintain, and if requested, furnish copies to the Town, of records of charges, receipts, and other necessary books of account pertaining to work and services within the 4 January 30, 1996 Town for the immediately preceding three (3) year period. SECTION 9. _ RIGHT OF INSPECTION. The Collector hereby agrees that it will, whenever requested to do so, permit any inspector, appointed for such purpose by the Town, to accompany the Collector in the course of collection, removal, or disposal of garbage in the Town, and to inspect the manner in which collection, removal and disposal is made, and the size of any receptacles from which such garbage may be, or has been collected, and the amount of garbage collected therefrom. SECTION 10. _ EXTRA SERVICES. A. The Collector agrees that it will proceed with due diligence to implement and thereafter maintain a green waste program, and to divert green waste from landfill disposal to a facility designed and intended to help the Town comply with the provisions of AB939. Residential and commercial green can collection shall be on a regular basis throughout the year. The Collector will prescribe the manner in which green waste shall be organized and situated for removal. B. In the Spring of each year, the Collector agrees to remove from the premises of each residential property owner or tenant, at no extra charge, up to a maximum of three (3) cubic-yards per residence of any dry, non-putrescible materials or rubbish (not including yard waste and trimmings) set out for collection along the curb or street. The Collector shall have the right to require all such materials to be securely tied in bundles, or to be contained in non-returnable bags or containers. C. The Collector shall annually provide and service, at no cost to the Town, all debris boxes at the Tiburon Corporation Yard, in whatever sizes are desired by the Town. SECTION 11. _ RATE REVIEW. The Collector may submit an application for rate review on an annual basis, but not less than once every three (3) years. If the Collector fails to submit an application for rate review on or before April 1 of each year, the Collector agrees to waive its right$ to file such an application for the following fiscal year of the Town. The Collector shall submit any and all data requested by the Town in the format prescribed by the Town. Generally, the application shall set forth the actual revenues and expenses of the Collector for the most recently completed annual operating period preceding the date of application, based on review and written report of a certified public accountant, and shall contain projected operating costs for the following twelve (12) month fiscal period based on actual costs incurred and include a margin that will assure the Collector of a fair and equitable return, the amount of which return shall be within the parameters established by the Town. The actual costs incurred for the aforementioned twelve (12) month period may be modified by fully documented changes in cost levels, operations, or experience between the actual 5 January 30, 1996 operating period and projected period of operation. The cost of any analysis of the Collector's rate application shall be borne by the Collector and shall be considered as an eligible cost to be included in the projected operating costs for the following twelve (12) month fiscal period. In interim years between formal rate reviews, annual rate adjustments may be permitted based on changes in whatever consumer or producer price indices the Town and the Collector agree are appropriate. SECTION 12. _ HEARING OF RATE REVIEW. Upon any application for rate review, the Town shall schedule a hearing thereon as soon as practicable following an analysis of an application that has been deemed complete by Town staff. SECTION 13. _ BILLING. The Collector shall, at predetermined intervals, mail or deliver to each single-family residential customer in the Town a statement of account for services at the rates established as provided by this agreement, and shall, once a month, mail or deliver to each multi- family or commercial establishment a statement of account for services. SECTION 14. _ RECYCLING. The Town shall have the right, in its sole discretion, to require The Collector to initiate, operate and maintain a recycling program for any or all materials from within the Town, on such basis and upon such conditions as the Town deems to be in the best interests of its citizens; provided, however, that in connection therewith, the rates for service shall be amended to assure the Collector a fair and equitable return. During the term of this agreement and any extension hereof, The Collector shall have the sole and exclusive right to provide, sustain and maintain recycling services within the Town and shall have the right to subcontract for such work, provided, however, that in the event the Town and the Collector are unable to reach an agreement concerning the Collector's ability to provide or sustain and maintain the Town's desired level of recycling services, or the Collector is unwilling to provide recycling services as delineated above, the Town retains the right to contract with another recycling company for the purpose of providing the desired service. SECTION 15. _ AB 939. The Collector acknowledges that it is familiar with the requirements imposed by the California Integrated Waste Management Act of 1989 (AB 939), and the Collector agrees to cooperate fully with the Town in meeting said requirements. The Collector shall commit its best efforts toward complying with same, including, but not limited to providing the Town with monthly information regarding all refuse and green waste tonnage collected and either disposed of or diverted, and implementing a public education program through the use of periodic brochures or newsletters that are distributed to residents. 6 January 30, 1996 SECTION 16. _ ASSIGNMENT. The Collector may not assign, transfer or convey this agreement or any interest in this agreement, save and except with the consent and approval of the Town by action of the Town Council, which consent and approval shall not be unreasonably withheld; provided, however, that the Collector shall have the right to subcontract any recycling work required of it as specified in the preceding section hereof. SECTION 17. _ FURTHER BENEFITS. The Collector agrees that it will provide to the Town, at all times during the term or any extension hereof, the right to avail itself of any and all other benefits and services which the Collector provides to any other municipality where the Collector holds an exclusive agreement for the collection of garbage or for recycling, on terms and conditions similar to those provided to such other municipality. SECTION 18. _ SEPARABILITY. If any section, sentence, subsection, clause, or phrase of this agreement is for any reason held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this agreement. 7 January 30, 1996 IN WITNESS WHEREOF, the parties have executed the foregoing agreement as of the day and year first above written. TOWN OF TIBURON, a municipal corporation MILL VALLEY REFUSE SERVICE, INC., California corporation Mayor N I CKY WOLF / Attested: by Town Clerk D LANE L. CRANE (Seal) by President DAVID I G IO b *retary (Seal) January 30, 1996