HomeMy WebLinkAboutItem 6.2 Solid Waste Mgmt
CITY CLERK
File # DBJ[][ID-[2J[OJ
X Goo -'30
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: July 5, 2005
PUBLIC HEARING: Ordinance amending Sections 5.32 and 7.30
ofthc Dublin Municipal Code relating to Solid Waste Management
and Waste Management Plans. 2nd Reading
Report Prepared By: Jason Behrmann. Sr. Administrative Analyst
SUBJECT:
ATTACHMENTS:
RECOMMENDATION~l)
\ 2)
~ 3)
4)
5)
FINANCIAL STATEMENT: Nonc
BACKGROUND:
1)
Form of Discard Material Non-Exclusive
Collection Franchise Agreement
Ordinance amending Section 5.32 and 7.30 of the Dublin
Municipal Codc
2)
Open Public Hearing
Receive Public Testimony
Close Public Hearing
Deliberate
Waive Reading and ADOPT Ordinance
On January 18, 2005, the City Council approved an agreement with R3 Consulting Group to assist the
City in developing a non-exclusive franchise agreement to regulate the collection of materials outside the
scope of the exclusive Agreement with Amador Valley Industries (AVI). The services to be regulated by
the non-exclusive agreement include the collection of construction and demolition (C&D) debris and solid
waste and recyclable materials ("discard materials") generated by State, County and olher local
governmental entities.
DISCUSSION:
The collection of C&D materials was intentionally excluded from the Agreement with A VI to allow more
scrvicc options and competition from haulers that specialize in collecting and recycling C&D materials.
The City's current Solid Waste Ordinance requires companies collecting source separated recyclable
materials such as C&D, to receive a Recycling Transporter Permit from the City. There are currently 6
________________________.~~__________________________________________________w~____~~_____________________~_~
H/cc-formsl.gdaslml..doc
COPIES TO:Ric Hutchinson, R3 Consulting Group
ITEM NO. -ro .? -
IV
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companies operating in the City under this permitting system. The current permit system does not require
the payment of franchise fees or submittal of diversion reports to the City.
Under sovereign immunity principles under state law, the collection of solid waste and recyclable
materials from State, County and other local governmental agencies is excluded from the Agreement with
A VI, because the City may not require these entities to contract with the City's exclusive franchisee.
These governmental entities currently receive service from Waste Management and could continue to
receive services from Waste Management or any other solid waste company after July 1, 2005. Pursuant
to California law, these entities have always been outside the scope of the exclusive franchise, but have
previously chosen to receive scrviccs from the exclusive collection service provider. Staff is concerned
that some or all of these government facilities could choose a company other than the exclusive provider,
resulting in the loss of franchise fees, reporting infonnation and diversion requirements. In addition,
without regulating companies offering services to these government facilities, A VI would be at a
competitive disadvantage because A VI is required to pay franchise fees on the gross revenues of all of its
solid waste operations in the City, including services to government facilities.
Discard Material Non-Exclusive Collection Franchise Aereement
In order to create a fair and competitive environment for all companies desiring to perform non-exclusive
collection services in the City of Dublin, Staff has developed a Discard Material Non-Exclusive
Collection Franchise Agreement (Attachment 1) regulating the collection of C&D materials from all
public and private gcncrators, including private developers, and the collection of solid waste and
recyclable materials from those State County and local governmental agencies excluded from the
exclusive franchise agreement with A VI. Under the terms of the non-exclusive franchise agreement, the
franchisee would be required to recycle fifty percent (50%) of all discard material, except asphalt and
concrete, collected Jrom its customcrs in the City. The franchisee would be required to recycle one
hundred percent (100%) of all asphalt and concrete collected from its customers in the City. The
franchisee would also be requircd to pay a fifteen and six tenths percent (15.6%) franchise fee on all gross
revenues for services provided under the temlS of the franchise within the Dublin City Limits, which is the
same as the exclusive franchise. The drall Agreement also includes reporting and insurance requirements.
Ordinance Amendments
In order for the City to implement the non-exclusive collection franchise agreement program as described
above, certain changes need to be made to the City's current Solid Waste Management Ordinance (Section
5.32 of the Dublin Municipal Code) and Waste Management Plan Ordinance (Section 7.30 of the Dublin
Municipal Code). Specifically, it is proposed that the Solid Waste Ordinance be amended to allow the
City to enter into non-exclusivc franchise agreements for the collection of materials outside the scope of
the exclusive franchise agreement. The proposed Ordinance amendmcuts delineate which services arc
excluded from the exclusive franchise agreement and which services the City can regulate through a non-
exclusive franchise agreement.
The current Waste Management Plan Ordinance requires developers to submit a Waste Managemcut Plan
for all construction and demolition projects in the City, and to recycle 50% of all C&D debris. It is
proposed that this Ordinance be amended to require recycling of 100% of all asphalt and concrete, and
50% of all remaining materials, consistent with the proposed non-exclusive franchise agreement. Concrete
and asphalt collcctcd in Alameda County and throughout California are typically always recycled due to
the significant weight and expense of di sposaJ. When the tonnage of recycled concrete and asphalt is
included in the total weight of recycled materials calculated for a project, the diversion numbers become
skewed. This can potentially rcsult in decreased recycling of other materials, as the recycling of concrete
2~3
and asphalt alone is often sufficient to mcct the 50% diversion requirement. Requiring 100% recycling of
concrete and asphalt, and 50% of all remaining materials ensures that other easily recyclable materials
such as wood, metal, cardboard, sheetrock etc. must be recycled in sufficient amounts, in ordcr to meet the
50% diversion requirement for a project. Similar requirements have bccn adopted by several other Cities
and Special Districts in Alameda County since as early as 2001.
Other Ordinance amendments are proposed to facilitate the standardization of de[mitions among the
various Sections of the Municipal Code and Agreements.
CITY COUNCIL ACTION:
At the Public Hearing ofJune 21, 2005 the Council introduced an Ordinance amending Chapters 5.32 and
7.30 of the Dublin Municipal Code and adopted Resolution 138"05 approving the Form of Discard
Material Non-Exclusive Collection Franchise Agreement. Prior to adoption of the Resolution, the Council
directed Staff to amend the Discard Material Non-Exclusive Collection Franchise Agrccment to include a
requirement that haulers use clean air vehicles in Dublin when available in their local fleet. The following
language has been included in section 16d "Collection Equipment" ofthe attached agreement:
At such time as the FRANCHISEE'S local vehicle fleet contains vehicles designed for the
Collection of Discard Materials that are commonly considered to be "clean air vehicles" through
the utilization of Compressed Natural Gas (CNG), Liquid Natural Gas (LNG), or other "clean
fuels" or "clean technologies", such vehicles shall be utilized to provide Discard Material
collection services in the Service Area.
RECOMMENDATION:
Stall recommcnds that the City Council conduct the public hearing, waive the reading and adopt the
Ordinance amending Chapters 5.32 and 7.30 of the Dublin Municipal Code.
3%~
\'b32
City of Dublin
Discard Material Non-Exclusive Collection Franchise
Issued by
City of Dublin
100 Civic Plaza
Dublin, CA 94568
June 22, 2005
{PoL 7-5-05
ATTACHMENT 1
Discard Material Non-Excluslve Collection Franchise AQreement
2~32-
Section 1.
Section 2.
Section 3.
Section 4_
Section 5.
Section 6.
Section 7.
Section 8.
Section 9.
Section 10.
Section 11_
Section 12_
Section 13.
Section 14.
Section 15.
Section 16_
Section 17.
Section 18_
Section 19_
Section 20.
Section 21_
Section 22.
Section 23.
Section 24.
Section 25.
Section 26.
Section 27.
Section 28.
Section 29.
Section 30.
Section 31_
TABLE OF CONTENTS
Definitions............................................................................... _ _. _. _. __ _ _ _ _ _._.............2..
Grant of Franchise........................................................... _. __ _ _ _ _ __ _ _ _.......................11-..
Acceptance of Franchise_.___ ___. ._.... .........._... ._.. ....... ............ ... ...,... .... ...... .... ... .._. ...4_
Term of Franchise. . ............ ...... .......... .... ........ .....................,... .......... ...... ____.______.4..
Conditions for Effectiveness...... .......,......,.............. ........ .... ......... __________ ____.... .......it
Limitations on Scope of Franchise. .............................................__________...__..........5.
Franchise Fees....................................................................... _ __ _. _. _ _ _ _ __ _ _ _. _. __ _ _......5..
Franchise Fee Payment. _.._. ______ _ _......... ___ ___.._________..___ ....... ....... ...... ......"..,...... .....5.
Ownership of Discard Material. ................................................._______________..._........6.
Disposal of Discard MateriaL.. .................... __.. ..._..._______.............. .............,.... .... ....6.
Recycling Requirement.. .......... ...... .... .... ................................. ............ ....... _ ___... __6.
~~------.....-.....................................................................................--.---~..
Inspection Authority_ __.. .......... ............. .... .... ........... .............................. ............... _.8..
Insurance Requirements. .... .......... .......... .... ............... .... ...... .__.______ ______ _ ___........... .9.
Indemnity. .................................................... __ _ _ __ _ _ __ _ _ __ _ _ _. _.........,........................ .11
Collection Equipment. __. _.. ....__. ...... .......... .... ........ ....... ..........,......... .......... .... ..._ ..1.1
Abandoned Containers................................................................. _.. _ _ _ _ _ _ _ _ _ _ _ __ _ ___. .12
FRANCHISEE Provided Discard Material Containers ...............................__________12
Personnel _ _, _........................................,.................................................. _ _ _ _ _ _ _ _ _ _ _12
Permits and Licenses. ......... .... ................ ........... ............._____ .__._.. ....._........ .........1.3
Liquidated Damages _......_.. .... ..._..... ... .............................. ... ... ... ....... ............. .... _1.3
Default, Termination .... ... .... ... ... ... ...... .... ... .... .... ........ ....... .._._.. ________._.. ....... ....... ..1.4
Conditions Upon Termination.... ...... ........... .... .._ ..._ ____ ___. __. .......... ....... .........,.... ...16
Notices. ...................................................................... _ __. _ _................................. .1.6
Relationship of the Parties _______________________________..................................................17
Compliance with Law... ... .... ...... ....... ...... .... ... .... .... .... .... ................ ...___ ______ ___..... ..1.7
Governing Law.......... .......... ....... ......... .................. ........ ... ___.___...... .....................1l
Jurisdiction.. _.... _.......... _ _ _... _.... _. _ _ _. _... _ _ _ _ _ _. _ _ _ _ __. _... _...............................................17
Assignment................................... __..... _ __ _ _ _ _ _ _ _ _ __ _ _ __. _.......................................... .17
Binding on Successors..... ... ......... ...... ..... ._. ...._._________ __........ ...... ....... ...... .... ... .... .1.8
Waiver _ _ _ _ _......... _.. _........................................................................... _ _ _ __ _ _ _ _ _ _ _ _ __ _. .1.8
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Section 32. Entire Agreement...................... ..............., .............. .....__. ______ _.__m_ m"_'" ..... ........ .18
Section 33. Interpretation _ ....__. ___.._.... .............. ....... ................... .... .... ...... ... ........... .... ._. ________18
Section 34. Amendment ..... .... .......... ... ....... .... ... .... .... .... .... ....... .... ... ..............._. .__ _ ___ _____........19
Section 35. Severability _ ._.. ........ ......... .... .... ...... .... ....... .................... ... ... .... ..........._. ________......19
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Discard Material Non-Exclusive Collection Franchise Aareement
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1 DISCARD MATERIAL NON-EXCLUSIVE COLLECTION
2 FRANCHISE AGREEMENT BETWEEN THE CITY OF DUBLIN
3 ~D
4 This Agreement is made and entered into this _ day of , 20_, by and between the
5 CITY OF DUBLlN, a municipal corporation of the State of California, herein after referred to as
6 "CITY", and a (describe legal entity), herein after referred to as
7 "FRANCHISEE".
8 RECITALS
9 WHEREAS; the Legislature of the State of California, by enactment of the California Integrated
10 Waste Management Act of 1989 ("Act") and subsequent additions and amendments (codified at
11 California Public Resources Code Section 40000 et seq.), has declared that it is in the public
12 interest to authorize and require local agencies to make adequate provisions for Solid Waste
13 Collection within their jurisdiction; and,
14 WHEREAS, the CITY has determined that the public health, safety and welfare require that non-
15 exclusive franchises be awarded to qualified companies for the collection, transport, recycling
16 and disposal of Discard Materials in the CITY; and
17 WHEREAS, the City has a franchise hauler with the exclusive rights to perform Collection
18 Services and such exclusive franchise does not include the collection and transportation of
19 materials defined herein as Discard Materials; and
20 WHEREAS, AB 939 requires the CITY to meet a fifty percent (50%) diversion rate; and
21 WHEREAS, the CITY has determined that to meet the fifty percent (50%) diversion requirement it
22 must regulate Discard Material collection service; and
23 WHEREAS, the Legislature has found and declared in Section 49510 of the Public Resources
24 Code that it is in the public interest to foster and encourage solid waste enterprise so that, at all
25 times, there will continue to be competent enterprises willing and financially able to furnish
26 needed solid waste handling service; and
27 WHEREAS, one of the purposes of this Agreement is to regulate such franchises in order to
28 ensure the orderly collection, recycling, and disposal of Discard Materials in the CITY and to
29 minimize the potential for adverse effects it may have on the local environment; and
30 WHEREAS, the CITY requires all haulers providing Discard Material collection service in the
31 CITY to obtain a non-exclusive franchise in order to regulate this business, ensure its orderly
32 operation and to minimize the potential for adverse effects it may have on the local environment;
33 and
34 WHEREAS, FRANCHISEE has applied to the CITY for a Discard Material Collection Franchise;
35 and
36 WHEREAS, the City Manager has reviewed FRANCHISEE'S application for the purpose of
37 detelTllining whether FRANCHISEE meets the requirements for the granting of such Franchise;
38 and
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39 WHEREAS, the CITY has determined that the grant of such Franchise to FRANCHISEE is in the
40 public interest; and
41 WHEREAS, FRANCHISEE intends to the use public right of ways and infrastructure to provide
42 Discard Material collection service; and
43 WHEREAS, the CITY intends to receive value for the Franchise issued; and
44 WHEREAS, FRANCHISEE agrees to and acknowledges that it shall arrange for the proper
45 recycling and disposal of all Discard Material collected in the CITY and that the CITY is not
46 instructing FRANCHISEE how to collect, transport, recycle or dispose of Discard Material so long
47 as its operation is consistent with City Code and applicable laws; and
48 WHEREAS, the CITY and FRANCHISEE desire to enter into a Discard Material Non-Exclusive
49 Collection Franchise Agreement in order that FRANCHISEE may perform Discard Material
50 collection, recycling and disposal services in the CITY_
51 NOW, THEREFORE, based on the mutual promises contained herein, the parties agree as
52 follows:
53 Section 1. Definitions
54 For the purpose of this Discard Material Non-Exclusive Collection Service Agreement, hereinafter
55 referred to as "Agreement", the definitions contained in this Article shall apply unless otherwise
56 specifically stated. If a word or phrase is not defined in this Section, the deMition of such word or
57 phrase as contained in Chapter 5.32 of the Dublin Municipal Code shall control. When not
58 inconsistent with the context, words used in the present tense include the future, words in the
59 plural include the singular, and words in the singular include the plural. Use of the masculine
60 gender shall include the feminine gender.
61 a. Construction and Demolition Debris ("C&D"). Used or discarded materials
62 resulting from construction, remodeling, repair or demolition operations on any pavement, house,
63 commercial building, or other structure and such other materials as may be removed during the
64 normal cleanup process of such construction, remodeling, repair, or demolition operations.
65 b. Construction and Demolition Debris Box_ A detachable container of ten (10) to fifty
66 (50) cubic yards used for the collection of Construction and Demolition Debris, which is designed
67 to be transported to, and left on the ground on or adjacent to, the property where the Construction
68 and Demolition Debris is generated.
69 c. Discard Material. Construction and Demolition Debris, and Governmental Material
70 and Recyclable Material, if a Governmental Service Unit elects not to have such materials
71 collected pursuant to the Exclusive Franchise.
72 d. E-Waste. Discarded electronics equipment such as cell phones, computers,
73 monitors, televisions, and other items containing cathode ray tubes (CRTs).
74 e. Exclusive Franchise. The Collection Service Agreement made and entered into by
75 and between the City of Dublin and Amador Valley Industries, Inc. on January 12, 2005 for the
76 provision of Collection Services_
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Discard Material Non-Exclusive Collection Franchise Aoreement
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f. Fixed Bodv Vehicle. An end-dump trailer hauled by a tractor, a dump truck, or
other such vehicle where the container portion of the vehicle used to collect and transported the
C&D is a fixed part of the vehicie body. Fixed Body Vehicles do not include vehicles
manufactured to or designed to transport and deliver Construction and Demolition Debris Boxes.
g. Force Maieure. Acts of God including landslides, lightening, forest fires, stOITl1S,
floods, freezing and earthquakes, civil disturbances, labor unrest, lockouts. wars, blockades,
public riots, explosions, or government restraint.
h. Franchise Administrator_ The City Manager or his designee.
i. Franchise Year. The fiscal period beginning on July 1" and ending on June
30th, except for the initial Franchise Year which begins on the effective date of the Agreement and
ends on the subsequent June 30th.
j. Garbaoe. All putrescible waste which generally includes, but is not limited to,
kitchen and table food waste, animal, vegetative, food or any organic waste that is attendant with,
or results from the storage. preparation, cooking or handling of food materials.
k_ Governmental Material. Solid Waste, Recyclable Materials, Organic Waste, or
Large Items generated by a Governmental Service Unit at the service location wherein the
Governmental Material is collected.
I. Governmental Service Unit. A State, County, District or Local Agency located in
the Service Area.
m_ Green Waste. Any vegetative matter resulting from normal yard and landscaping
maintenance including plant debris, such as Palm, Yucca and Cactus, grass clippings, leaves,
pruning, weeds, branches. brush, Christmas trees, and other forms of vegetative waste.
n_ Laroe Items. Those materials including furniture; carpets; mattresses; appliances;
E-Waste; clothing; tires without rims; and large Green Waste.
o. Oroanic Waste. Green Waste, food scraps and trimmings from food preparation,
including but not limited to; fruit and vegetable waste, grain waste. dairy waste, meat and fish
waste, and such items as non-recyclabie or contaminated paper such as pizza boxes, take-out
food cartons (cardboard), paper towels, waxed cardboard, wooden packaging such as crates and
untreated and unpainted wallboard, ele..
p. Recvclable Materials. Those materials which are capable of being recycled and
which would otherwise be processed or disposed of as Solid Waste that are generated by and at
the service unit wherein the Recyclable Materials are collected.
q. Rubbish. All refuse, accumulation of paper, excelsior, rags, wooden boxes and
containers, sweep-ups and all other accumulations of a nature other than Garbage and Organic
Waste.
r. Service Area. That area within the COlporate limits of the City of Dublin.
s.
Solid Waste. Garbage and Rubbish.
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114 Section 2. Grant of Franchise
115 a. The CITY hereby grants to FRANCHISEE a Discard Material Non-Exclusive
116 Collection Franchise ("Franchise") authorizing FRANCHISEE to engage in the business of
117 collecting, recycling, and disposing of Discard Material from generators in the Service Area.
118 b. This grant is pursuant to FRANCHISEE'S application for the Franchise, which
119 application is incorporated herein by this reference.
120 Section 3. Acceptance of Franchise
121 a. FRANCHISEE hereby accepts the Franchise on the terms and conditions set forth
122 in this Agreement. City Code, and all related ordinances and resolutions_ Execution of this
123 Agreement shall constitute the notification to FRANCHISEE as may be required by Public
124 Resources Code Section 49520 which may require a five (5) year notice period should the CITY
125 wish to enter into an exclusive franchise or contract for Construction and Demolition Debris
126 collection services in the future.
127
128
129
b.
known to be
Franchise.
FRANCHSEE shall notify the CITY in writing of any Discard Material haulers
operating within the CITY without a Discard Material Non-Exclusive Collection
130
Section 4.
Term of Franchise.
131 a. The term of the Franchise granted to FRANCHISEE shall commence on the date
132 first indicated above and terminate on June 30, 2012 ("the Initial Term"). unless earlier terminated
133 pursuant to Section 22 of this Agreement.
134 b. At the end of the Initial Term and at the end of each Extended Term, this
135 Agreement and the Franchise granted herein shall automatically be extended for a one (1) year
136 period ("the Extended Term") unless:
137 (1) FRANCHISEE is in material default under this Agreement or
138 (2) The CITY provides the FRANCHISEE with one hundred and twenty (120) days'
139 notice prior to the termination of the end of the Initial Term orthe end of the Extended Term.
140 c_ No later than one hundred and twenty (120) days prior to the end of the Initial
141 Term and each Extended Term, FRANCHISEE shall provide the CITY with updated application
142 information identifying all material changes since the submission of the initial application or the
143 last application update_
144 Section 5. Conditions for Effectiveness.
145 This Agreement shall not become effective until FRANCHISEE has satisfied each and all of the
146 conditions set forth below, each of which may be waived in whole or in part by the CITY.
147 a_ Accuracy of Representations. The representation and warranties made by
148 FRANCHISEE in its Application for Franchise are true and correct on and as of the effective date.
149 b_ Absence of Litigation. There is no litigation pending on the effective date in any
150 court challenging the award or execution of this Agreement or seeking to restrain or enjoin its
151 performance.
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152 c. Furnishing of Insurance. FRANCHISEE has furnished evidence of the Insurance
153 required by Section 14 of this Agreement
154 Section 6. Limitations on Scope of Franchise.
155 a. Under the terms of this Franchise, the FRANCHISEE has the non~exclusive
156 authority to provide Discard Material collection selVices in the CITY.
157 Section 7. Franchise Fees.
158 a. During the term of the Franchise, FRANCHISEE shall pay to the CITY franchise
159 fees for the use of the streets and right of ways and the right to engage in the business of
160 collecting, recycling and disposing of Discard Materials kept, accumulated or generated in the
161 SelVice Area.
162 b_ Franchise fees shall be payable on all gross revenues received for the provision of
163 Discard Material collection selVices from customers located within the SelVice Area, including,
164 without limitation, all amounts paid by each customer or its agents in respect of the materials
165 collected, such as hauling fees, equipment rental charges, management fees, logistics fees, and
166 all other amounts, however denominated and to whomever paid. The initial franchise fee shall
167 be 15.6% of such received revenue_
168 c_ The CITY reselVes the right to modify the amount of the franchise fees and
169 rnanner of payrnent at any time during the term of this Agreement by a resolution of the City
170 Council.
171 Section 8. Franchise Fee Payment.
172 a. Franchise fees shall be payable on a monthly basis, and shall be due and payable
173 on the fifteenth (15th) day of the month immediately following the month in which collection
174 selVices were provided. Each payment shall be calculated in accordance with the provisions of
175 this Agreement
176 b. Each franchise fee payment shall be accompanied by a written statement, verified
177 by the person making the payment, or a duly authorized representative of the person, showing
178 the calculation of the franchise fee payable in such form and detail as the CITY may require and
179 such other information as the CITY may deterrnine is material to a detennination of the arnount
180 due.
181 c. No statement filed under this Section shall be conclusive as to the matters set
182 forth in such statement, nor shall the filing of such statement preclude the CITY from collecting by
183 appropriate action the sum that is actually due and payable.
184 d. If franchise fees are not paid by the FRANCHISEE at the times required by this
185 Section, then in addition to the franchise fees, the FRANCHISEE shall pay a late payment charge
186 as set forth in Section 21 of this Agreement
187
188
189
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190
e.
FRANCHISEE shall pay all required franchise fees to:
191 Franchise Administrator
192 City of Dublin
193 100 Civic Plaza
194 Dublin, CA 94568
195 f. If FRANCHISEE remits franchise fees by personal delivery to the CITY, such
196 franchise fees shall be deemed timely paid only if delivered on or before the due date. If
197 FRANCHISEE remits franchise fees by mail or other delivery service, such franchise fees shall
198 be deemed timely only if (1) the envelope containing the franchise fee payment bears a postmark
199 or receipt showing that the payment was mailed or sent on or before the due date or (2)
200 FRANCHISEE submits proof satisfactory to the Franchise Administrator that the franchise fee
201 payment was in fact deposited in the mail or sent on or before said due date.
202 g. In the event FRANCHISEE believes that it has paid franchise fees In excess of the
203 fees due to the CITY, FRANCHISEE may submit a request for refund to the Franchise
204 Administrator. If proof of overpayment is satisfactory to the Franchise Administrator, the
205 Franchise Administrator shall authorize the CITY to refund to FRANCHISEE any overpayment.
206 FRANCHISEE shall not apply any overpayment as a credit against any franchise fees or other
207 amounts payable to the CITY unless specifically so authorized by the Franchise Administrator in
208 writing.
209 Section 9. Ownership of Discard Material.
210 The CITY does not gain any ownership or right to possess Discard Material collected by
211 FRANCHISEE pursuant to this Agreement. Subject to the provisions of this Agreement and the
212 requirements of the CITY'S municipal code, FRANCHISEE shall have title to and may retain,
213 recycle, process. dispose of, or use the Discard Material that it collects_
214 Section 10. Disposal of Discard Material.
215 FRANCHISEE shall dispose of Discard Material collected or transported by
216 FRANCHISEE only by taking such Discard Material to a landfill, transfer station, recycling facility
217 materials recovery facility, or processing facility that is lawfully authorized to accept such material.
218 FRANCHISEE shall not dispose of such Discard Material by depositing it on any land, whether
219 public or private, except as authorized by the preceding sentence, or in any river, stream or other
220 waterway, or in any sanitary sewer or storm drainage system.
221 Section 11. Recycling Requirement
222 a. FRANCHISEE shall recycle fifty percent (50%) by weight of all Discard Material
223 except asphalt and concrete collected within the Service Area during each Franchise Year.
224 b. FRANCHISEE shall recycle one hundred percent (100%) by weight of all asphalt
225 and concrete collected within the Service Area during each Franchise Year_
226 c FRANCHISEE shall provide a printed list to each customer that specifies the
227 materials that may be placed in the various types of Discard Material containers including
228 Construction and Demolition Debris Boxes. FRANCHISEE shall specifically notify its customers
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229 that all liquid wastes are prohibited and, except for those containers specifically placed for the
230 collection of Solid Waste or Organic Waste, the putrescible waste content may not exceed five
231 percent (5%) of each load.
232 Section 12, Reports
233 a. Monthly reports shall be submitted no later than fifteen (15) calendar days after the
234 end of the reporting month and annual reports shall be submitted no later than forty-five (45) days
235 after the end of each Franchise Year. Monthly and annual reports shall be submitted in hard
236 copy, and shall be provided electronically via e-mail, on a 3.5" IBM-compatible diskette, or a
237 compact disc using software acceptable to the CITY.
238 b. FRANCHISEE Shall file with the Franchise Administrator a monthly report of the
239 quantities of Discard Material collected, transported, recycled, and disposed. Such report shall be
240 in such form and detail as required by the Franchise Administrator. At a minimum, the report
241 shall include comparative data for all months in the current Franchise Year and a comparison
242 with historical data from the previous Franchise Year. The report shall contain, but not be
243 limited to, the following information:
244 (1) The Discard Material tonnage. by material type, collected and removed
245 within the CITY during the previous month;
246 (2) The Discard Material tonnage, by material type, collected and removed
247 during the previous month within the CITY that was recycled and the location of the facility
248 where such Discard Material was recycled (weight tickets shall be retained by the
249 FRANCHISEE and made available to the CITY upon request for up to three (3) years after
250 the date first issued);
251 (3) The weight by material type (Construction and Demolition Debris) and the
252 weight by material category (steel, aluminum, concrete) in tons of Discard Material
253 collected within the CITY that was disposed of by FRANCHISEE at a landfill, transfer
254 facility, compost facility, or material recovery facility during the previous month and the
255 location of the facility where the disposal of such Discard Material occurred. Weight
256 tickets shall be retained and made available to the CITY upon request for up to three (3)
257 years after the date first issued.
258 (4) Gross receipts collected during previous month on all Discard Material
259 collection services, by material type, provided to customers located within the CITY.
260 (5) A listing of each container by service location, size and type, (Construction
261 and Demolition Debris, Organic Waste, Solid Waste. etc,) in the Service Area from which
262 FRANCHISEE collected Discard Material during the month.
263 (6) The number of collections of each listed container during the month.
264 c. FRANCHISEE shall file with the Franchise Administrator an annual report of the
265 quantities of Discard Material collected, transported, recycled, and disposed. Such report shall be
266 in such form and detail as required by the Franchise Administrator. At a minimum, the report
267 shall include comparative data for the current Franchise Year and a comparison with historical
268 data from the previous Franchise Years. The report shall contain, but not be limited to, the
269 following information:
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270 (1) The weight by material type (Construction and Demolition Debris) and the
271 weight by material category (steel, aluminum, concrete) in tons of Discard Material
272 collected within the CITY that was disposed of by FRANCHISEE at a landfill, transfer
273 facility, compost facility, or material recovery facility during the previous year and the
274 location of the facility where the disposal of such Discard Material occurred. Weight
275 tickets shall be retained and made available to the CITY upon request for up to three (3)
276 years after the date first issued.
277 (2) Gross receipts collected during previous year on all Discard Material
278 collection services, by material type, provided to customers located within the Service
279 Area.
280 (3) Changes to the recycling plan
281 (4) Updated insurance certificates.
282 d. FRANCHISEE shall maintain customer records containing such information as
283 may be required by the Franchise Administrator pertaining to the number and types of accounts
284 served by the FRANCHISEE. The CITY reserves the right to prescribe the format for providing
285 this information. This information shall be provided to the Franchise Administrator upon request.
286 e. Upon the reasonable request of the Franchise Administrator, FRANCHISEE shall
287 submit to the CITY monthly reports including such additional information as may be required by
288 the Franchise Administrator. Such reports shall be prepared in a form as required by the
289 Franchise Administrator.
290 f. The Franchise Administrator may establish guidelines, forms and other
291 appropriate material to assist FRANCHISEE in preparing the reports required by this Section. A
292 FRANCHISEE'S failure to file the reports required by this Section shall constitute cause for
293 termination or suspension of its Franchise.
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295
296
297
298
g.
Reports shall be submitted to:
Franchise Administrator
City of Dublin
100 Civic Plaza
Dublin, CA 94568
299 Section 13. Inspection Authority.
300 a. FRANCHISEE shall at all times maintain accurate and complete accounts of the
301 following records.
302 (1) All revenues and income arising out of its operations under the Franchise
303 granted pursuant to this Agreement.
304 (2) Any service complaints received and how they were resolved.
305 (3) FRANCHISEE'S books, accounts and records reasonably necessary for
306 the enforcement of this Agreement shall be made available for inspection, examination
307 and audit during normal business hours by authorized officers, employees and agents of
308 the CITY.
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309 The CITY shall provide FRANCHISEE written notice at least three (3) business days prior to any
310 inspection, audit or examination of these records.
311 b. In the event any audit conducted by the CITY or by the CITY'S representative
312 discloses that FRANCHISEE has made any intentional misrepresentation with respect to the
313 franchise fees or its diversion amounts to the CITY or discloses that FRANCHISEE has
314 underpaid franchise fees due to the CITY in an amount greater than One Thousand Dollars
315 ($1,000) or ten percent (10%) of the franchise fees payable to the CITY during the period covered
316 by the audit, whichever amount is greater, then in addition to any other remedies available to the
317 CITY, FRANCHISEE shall reimburse the CITY for the CITY'S costs incurred in the performance
318 of the audit. Such reimbursement shall be paid by FRANCHISEE, along with any underpaid
319 franchise fees, late payments and interest, within thirty (30) days of the date the CITY notifies
320 FRANCHISEE of the amount of the CITY'S costs.
321 Section 14, Insurance Requirements.
322 FRANCHISEE shall obtain and shall maintain throughout the term of this Agreement. at
323 FRANCHISEE'S sole cost and expense, insurance against claims for injuries to persons or
324 damages to property which may arise from or in connection with the performance of work
325 pursuant to this Agreement by FRANCHISEE, its agents. representatives, employees or
326 contractors.
327 a. FRANCHISEE shall maintain at least the bllowing minimum insurance coverage:
328 (1) Commercial General Liability: $1,000,000 combined single limit per
329 occurrence for bodily injury, personal injury and property damage. If Commercial General
330 Liability insurance or other form with a general aggregate limit is used, either the general
331 aggregate limit shall apply separately to this Agreement or the general aggregate limit
332 shall be twice the required occurrence limit.
333 (2) Automobile Liability: $1,000,000 combined single limit per accident for
334 bodily injury and property damage. Coverage shall include hired autos and non-owned
335 autos.
336 (3) Workers' Compensation and Employers Liability: Workers' Compensation
337 limits as required by the California Labor Code and Employers Liability limits of
338 $1,000,000 per accident.
339 b. Any deductibles or self-insured retentions must be approved by the CITY'S Risk
340 Manager. FRANCHISEE shall be responsible for payment of all deductibles or self-insured
341 retentions.
342 c. The required insurance policies are to contain, or be endorsed to contain, the
343 following provisions:
344 (1) General Liability and Automobile Liability Coverage.
345 (a) The CITY, its officers, employees, agents and contractors are to be
346 covered as an additional insured as respects: liability arising out of activities
347 performed by, or on behalf of FRANCHISEE; products and completed operations
348 of FRANCHISEE; premises owned, leased or used by FRANCHISEE; and
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349 automobiles owned, leased, hired or borrowed by FRANCHISEE. The coverage
350 shall contain no special limitations on the scope of protection afforded to the CITY,
351 its officers, employees and agents and contractors.
352 (b) FRANCHISEE'S insurance coverage shall be primary insurance as
353 respects the CITY, its officers, employees, agents and contractors. Any insurance
354 or self~insurance maintained by the CITY, its officers. employees, agents or
355 contractors shall be excess of FRANCHISEE'S insurance and shall not contribute
356 with it.
357 (c) Any failure to comply with reporting provisions of the policies shall
358 not affect coverage provided to the CITY, its officers, employees. agents or
359 contractors.
360 (d) Coverage shall state that FRANCHISEE'S insurance shall apply
361 separately to each insured against whom claim is made or suit is brought, except
362 with respect to the limits of the insurer's liability.
363 (2) All Coverage. Each insurance policy required by this Agreement shall be
364 endorsed to state that coverage shall not be suspended, voided, or canceled, except after
365 thirty (30) days' (ten (10) days for nonpayment) prior written notice has been given to the
366 CITY.
367 (3) The Automobile Liability policy shall be endorsed to delete the Pollution
368 and/or the Asbestos exclusion and add the Motor Carrier Act endorsement (MCS-90), TL
369 1005, TL 1007 and/or other endorsements required by federal or state authorities for
370 haulers of hazardous materials.
371 d. Insurance shall be placed with insurers acceptable to the CITY'S Risk Manager.
372 FRANCHISEE must place insurance with a current A.M. Best rating of no less than A:VII. The
373 CITY'S Risk Manager may waive or alter this requirement. or accept self-insurance in lieu of any
374 required polley of insurance if, in the opinion of the Risk Manager, the interests of the CITY and
375 the general public are adequately protected.
376 e. FRANCHISEE shall furnish the CITY with certificates of insurance and with
377 original endorsements affecting coverage required by this Agreement. The certificates and
378 endorsements for each insurance policy are to be signed by a person authorized by that insurer
379 to bind coverage on its behalf. Proof of insurance shall be mailed or personally delivered to the
380 address provided in Section 24 of this Agreement.
381 f. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors &
382 Omissions coverages are written on a claims-made form:
383 (1) The ''Retro Date" must be shown, and must be before the date of the
384 contract or the beginning of contract work.
385 (2) Insurance must be maintained and evidence of insurance must be
386 provided for at least five (5) years after completion of the contract of work.
387 (3) If coverage is canceled or non-renewed, and not replaced with another
388 claims-made policy form with a ''Retro Date" prior to the contract effective date, the
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390
391
392
Contractor must purchase "extended reporting" coverage for a minimum of five (5) years
after completion of contract work.
(4)
for review.
A copy of the claims reporting requirements must be submitted to the CITY
393 g. FRANCHISEE acknowledges that the Discard Material Non-Exclusive Collection
394 Franchise granted to FRANCHISEE will not become effective, and FRANCHISEE will have no
395 authority to perform Discard Material collection in the CITY, unless FRANCHISEE provides
396 satisfactory proof of insurance PRIOR TO BEGINNING OPERA TlONS AS A FRANCHISEE.
397 Section 15. Indemnity.
398 a. FRANCHISEE agrees to defend. with counsel selected by the CITY, indemnify,
399 and hold harmless the CITY, and its agents, officers, servants, and employees from and against
400 any and all claims asserted or liability established for damages or injuries to any person or
401 property, including injury to the CITY'S employees, agents or officers which arise from. or are
402 connected with, or are caused by willful or negligent acts or omissions of FRANCHISEE, or its
403 agents, officers or 'employees, in the performance of the non-exclusive Franchise or this
404 Agreement, or in performing the work or services therein, and all costs and expenses of
405 investigating and defending against same; provided, however, that FRANCHISEE'S duty to
406 indemnify and hold harmless shall not include any claims or liability arising solely from the
407 negligence or willful misconduct of the CITY, its agents, officers, servants and employees.
408 Section 16. Collection Equipment.
409 a. Containers shall be covered during transportation to prevent Discard Material from
410 escaping from the container.
411 b. All equipment used or provided by FRANCHISEE shall be kept in a safe and
412 sanitary condition. Vehicles used or provided by the FRANCHISEE for the Collection of Discard
413 Material shall be cleaned and painted, as needed, to maintain a clean and sanitary appearance.
414 Collection vehicles shall be painted and numbered without repetition and shall have the name of
415 the FRANCHISEE (as listed in this Agreement), the FRANCHISEE'S customer service telephone
416 number, and the number of the vehicle painted in letters of contrasting color, at least four (4)
417 inches high, on each side and the lEar of each vehicle.
418 c. Vehicles will be subject to periodic, unscheduled inspections by the CITY and
419 determination as to sanitary condition shall be made by the CITY.
420 d. At such time as the FRANCHISEE'S local vehicle fleet contains vehicles designed
421 for the Collection of Discard Materials that are commonly considered to be "clean air vehicles"
422 through the utilization of Compressed Natural Gas (CNG), Liquid Natural Gas (LNG), or other
423 "clean fuels" or "clean technologies", such vehicles, to the extent available, shall be utilized to
424 provide Discard Material collection services in the Service Area.
425 e. CITY shall have the right to prohibit the use of any vehicle that fails to comply with
426 the provisions set forth herein.
427 f. Violations of this provision shall SUbject the FRANCHISEE to liquidated damages
428 as set forth in Section 21 of this Agreement.
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429 Section 17. Abandoned Containers.
430 a. If FRANCHISEE abandons any container used to provide Discard Material
431 services under this Franchise, the CITY may remove the container and/or dispose of the contents
432 of the container.
433 b. If the CITY removes a container abandoned by FRANCHISEE and/or disposes of
434 the contents of any container abandoned by FRANCHISEE. the CITY may charge FRANCHISEE
435 for the CITY'S costs incurred in such removal/disposal and for the CITY'S costs of storage of the
436 container. FRANCHISEE shall reimburse the CITY for such costs within ten (10) days of the date
437 of the CITY'S invoice for such costs.
438 c. For the purposes of this Section, "abandoned" includes:
439 (1) FRANCHISEE'S failure to remove the container within thirty (30) days upon
440 termination of the Discard Material Non-Exclusive Collection Franchise or such additional
441 time as granted in writing by the CITY;
442 (2) FRANCHISEE'S failure to remove the container within a reasonable period
443 after the expiration of the Franchise granted to FRANCHISEE, except in the case where
444 FRANCHISEE has been granted an extension of the term of said Franchise or
445 FRANCHISEE has been granted a subsequent Discard Material Non-Exclusive Collection
446 Franchise authorizing FRANCHISEE to collect and transport the type or types of Discard
447 Material for which the container was used pursuant to this Agreement.
448 (3) FRANCHISEE'S failure to dispose of the contents of the container within
449 five (5) days after the Franchise Administrator issues written notice to FRANCHISEE to
450 dispose of the contents.
451 Section 18. FRANCHISEE Provided Discard Material Containers
452 a. Containers used for storage and transportation of Discard Material shall be
453 painted and shall prominently display the name of the FRANCHISEE (as listed in this
454 Agreement), FRANCHISEE'S customer service telephone number, and the number of the
455 container.
456 b. FRANCHISEE shall make reasonable efforts to replace, clean or repaint all
457 containers as needed so as to present a clean appearance.
458 c. Containers will be subject to periodic, unscheduled inspections by the CITY and
459 determination as to sanitary condition shall be made by the CITY.
460 d. CITY shall have the right to prohibit the use of any container that fails to comply
461 with the provisions herein.
462 e. Violations of this provision shall subject the FRANCHISEE to liquidated damages
463 as set forth in Section 21 of this Agreement.
464 Section 19. Personnel
465 a. FRANCHISEE agrees that all drivers shall be trained and qualified in the operation
466 of collection vehicles and must have in effect a valid license, of the appropriate class, issued by
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the California Department of Motor Vehicles.
b. FRANCHISEE shall provide suitable operational and safety training for all of its
employees who utilize or operate vehicles or equipment for collection of Discard Material, or who
are otherwise directly involved in such collection.
Section 20. Permits and Licenses.
FRANCHISEE shall obtain and maintain, at FRANCHISEE'S sole cost and expense, all
permits and licenses applicable to FRANCHISEE'S operations under the Franchise required of
FRANCHISEE by any governmental agency.
Section 21. liquidated Damages
a. The parties acknowledge that consistent and reliable Discard Material collection
service is of utmost importance to CITY and that CITY has considered and relied on
FRANCHISEE'S representations as to its quality of service commitment in awarding the
Agreement to it. The parties further recognize that some quantified standards of performance are
necessary and appropriate to ensure consistent and reliable service and performance. The
parties further recognize that if FRANCH ISEE fails to achieve the performance standards, or fails
to submit required documents in a timely manner, CITY and CITY'S residents and businesses will
suffer damages and that it is and wili be impractical and extremely difficult to ascertain and
determine the exact amount of damages. Therefore, without prejudice to CITY'S right to treat
such non-performance as an event of default under Section 22, the parties agree that the
liquidated damages amount defined in this Section represent reasonable estimates of the amount
of such damages considering all of the circumstances existing on the effective date of this
Agreement, including the relationship of the sums to the range of harm to CITY, customers and
the community as a whole that reasonably could be anticipated and the anticipation that proof of
actual damages would be costly or impractical. In placing their initials at the places provided,
each party specifically confirms the accuracy of the statements made above and the fact that
each party has had ample opportunity to consult with legal council and obtain an explanation of
the liquidated damage provisions at the time that the Agleement was made.
CITY Initial Here
FRANCHISEE Initial Here
b. Upon delivery of written notice to the FRANCHISEE, the CITY may impose the
following Liquidated Damages upon the FRANCHISEE, in addition to any other available
remedies the CITY may have.
(1) Failure to maintain public containers or vehicles in clean and sanitary
condition as required by this Agreement: $100.00 per day per incident.
(2) Failure to label public containers, Construction and Demolition Debris
Boxes and vehicles with FRANCHISEE'S name (as listed in this Agreement),
FRANCHISEE'S customer service telephone number, and the number of the container or
vehicle: $500 per day per incident.
(3) Failure to achieve and maintain either the fifty percent (50%) or one
hundred percent (100%) recycling requirement per Franchise Year as set forth in
Sections 11a. and 11b., respectively of this Agreement: ten percent (10%) of all gross
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507 Discard Material collection revenues received for services provided within the Service
508 Area during that Franchise Year.
509 (4) Failure to remit franchise fee to CITY by the fifteenth (15th) of the month as
510 required in Section 8: $100.00 per occurrence plus late fees of two percent (2%) per
511 month for every month thereafter until paid.
512 (5) Failure to maintain or submit documents and reports, other than annual
513 and monthly reports, as required under the terms of this Agreement after ten (10) days
514 notice: $100.00 per incident per day.
515 (6) Failure to submit monthly or annual reports required under Section 12 by
516 the due date: fifty dollars ($50.00) for the first fifteen (15) days, thereafter $100.00 per
517 incident per day.
518 (7) Failure to perform any other requirements of this Agreement not
519 specifically stated in this Section, and not corrected or in the process of correction within
520 twenty-four (24) hours of notice from the CITY: $200.00 each incident each day.
521 c. Above amounts may be adjusted by the CITY on each July 1. beginning with July
522 1, 2006 to reflect changes in the Consumer Price Index, All Urban Consumers, Series lD:
523 CUURA422SAO, San Francisco-Oakland-San Jose, CA, Not Seasonally Adjusted for the
524 preceding twelve (12) month period.
525 Section 22, Default, Termination
526 a. The CITY shall provide written notice of a default or failure to comply with any
527 obligation or duty imposed on FRANCHISEE under this Agreement or CITY ordinance. The
528 Franchise Administrator and FRANCHiSEE shall thereupon meet and confer in good faith in an
529 effort to agree on a resolution and cure of the breach. If the parties are unable to agree on the
530 informal resolution or cure of the breach within ten (10) business days, the Franchise
531 Administrator shall have the right to terminate this Agreement. Whereupon, FRANCHISEE shall
532 be suspended from providing Discard Material collection services for a period of five (5) years
533 from the date of the termination. After five (5) years, should the FRANCHISEE provide proof that
534 the event causing the FRANCHISEE to default has been corrected, and at the sole and complete
535 discretion of the CITY, the FRANCHISEE may be reinstated upon re-application.
536 b. A default under this Agreement shall include, but not be limited to, any of the
537 following:
538 (1) Misrepresentation. Any misrepresentation made to the CITY by the
539 FRANCHISEE or failure to disclose required information any reports submitted to the
540 CITY, in FRANCHISEE'S application to enter into this Agreement or, in Agreement or any
541 future amendment to this Agreement, which proves to be false or misleading in any
542 material respect as of the time the representation or disclosure is made, whether or not
543 any such representation or disclosure appears as part of this Agreement.
544 (2) Fraud or Deceit. If the FRANCHISEE practices, or attempts to practice,
545 any fraud or deceit upon the CITY or its customers.
546 (3) Failure to Maintain Coverage. If the FRANCHISEE fails to provide or
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547 maintain in full force and effect the Worker's Compensation or liability, coverage as
548 required by this Agreement.
549 (4) Violations of Regulation. If the FRANCHISEE violates any regulations,
550 permits, orders or filing of any regulatory body having jurisdiction over the FRANCHISEE
551 which violation or non-compliance materially affects the FRANCHISEE'S ability to perform
552 under this Agreement, provided that the FRANCHISEE may contest any such orders or
553 filings by appropriate proceedings conducted in good faith, in which case no breach of the
554 Franchise shall be deemed to have occurred during the pendency of the contestation or
555 appeal, to the extent the FRANCHISEE is able to adequately perform during that period.
556 (5) Acts or Omissions. Any other act or omission by FRANCHISEE which
557 materially violates the terms, conditions, or requirements of this Agreement, City Code,
558 AS 939, as it may be amended from time to time. or any order, directive, rule, or regulation
559 issued hereunder and which is not corrected or remedied within the time set in the written
560 notice of the violation or, if the FRANCHISEE cannot reasonably correct or remedy the
561 breach within the time set forth in such notices, if the FRANCHISEE should fail to
562 commence to correct or remedy such violation within the time set forth in such notice and
563 diligently effect such correction or remedy thereafter.
564 (6) Failure to Meet Recycle Requirement. If the FRANCHISEE fails to meet
565 the Recycle requirement as set forth in Section 11 of this Agreement.
566 (7) Failure to Pay Franchise Fees. If the FRANCHISEE fails to pay the
567 franchise fees in the amount owed to the CITY pursuant to Section 7 according to the
568 schedule specified in Section 8.
569 c. Termination. If the Franchise Administrator determines, at his sole discretion,
570 that the FRANCHISEE has defaulted under the terms of this Agreement, failure to cure
571 will result in suspension, penalties, or a notice of termination of this Agreement by the
572 CITY in accordance with subsection e.
573 d. Force Majeure. The performance of this Agreement may be discontinued or
574 temporarily suspended in the event of Force Majeure. FRANCHISEE shall not be deemed to be
575 in default and shall not be liable for failure to perform under this Agreement if FRANCHISEE'S
576 performance is prevented or delayed by Force Majeure.
577 e. The Franchise Administrator shall serve written notice pursuant to Section 24 of
578 the termination of a Franchise under this Agreement to the last place of business of the
579 FRANCHISEE, and the FRANCHISEE shall cease operation under its FRANCHISE within ten
580 (10) calendar days after receipt of said notice unless FRANCHISEE has requested an appeal
581 hearing before the CITY prior to the expiration of the ten (10) day period. In the event
582 FRANCHISEE requests such an appeal hearing, said FRANCHISEE may continue collecting,
583 transporting, recycling and disposing of Discard Material until the CITY has rendered its decision
584 on the termination of the Franchise.
585 f. Any FRANCHISEE whose Franchise has been terminated has the right to an
586 appeal hearing before the CITY COUNCIL. FRANCHISEE shall request such a hearing in writing
587 to the City Clerk within ten (10) calendar days after receipt of notice of termination, and the CITY
588 COUNCIL shall hold the appeal hearing not later than thirty (30) calendar days following the
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589 receipt of the written request if requested by FRANCHISEE. The Clerk shall give written notice of
590 the time, date and place of the appeal hearing to FRANCHISEE and the Franchise Administrator.
591 The CITY COUNCIL shall render its decision after the close of the appeal hearing and its
592 decision shall be final; provided, however, that nothing herein shall limit FRANCHISEE'S right to
593 seek judicial review or remedies.
594 Section 23. Conditions Upon Termination.
595 a. In the event the Discard Material Non-Exciusive Collection Franchise is terminated
596 the following conditions and requirements shall survive termination:
597 (1) FRANCHISEE shall have no right or authority to engage in Discard
598 Material collection, recycling or disposal operations in the CITY for a period of five (5)
599 years from the date of the termination.
600 (2) FRANCHISEE shall, however, remain liable to the CITY for any and all
601 franchise fees that would othelWise be payable by FRANCHISEE pursuant to Section 8 of
602 this Agreement, for any and all liquidated damages assessed pursuant to Section 21 of
603 this Agreement, and for any indemnity obligations under Section 15 of this Agreement.
604 (3) FRANCHISEE shall have a continuing obligation to submit to the CITY all
605 reports required by Section 12 of this Agreement which relate to Discard Material activities
606 performed by FRANCHISEE up to and including the date oftermination.
607 (4) FRANCHISEE shall allow the Discard Material generators served by
608 FRANCHISEE to arrange for Discard Material collection services with a collector
609 authorized to perform such services, without penalty or liability for breach of contract on
610 the part of the generators.
611 b. In the event the Franchise is terminated, then within the time period specified by
612 the CITY and if directed by the Franchise Administrator, FRANCHISEE shall remove all of
613 FRANCHISEE'S Discard Material containers from all of FRANCHISEE'S collection service
614 locations and shall properly recycle or dispose of all Discard Material in such containers.
615 Section 24. Notices.
616 Except as othelWise provided in this Agreement. all notices required by this Agreement or
617 by the Discard Material Box Collection Franchise shall be given by personal service or by deposit
618 in the United States mail, postage pre-paid and return receipt requested, addressed to the parties
619 as follows:
To CITY:
Franchise Administrator
City of Dublin
100 Civic Plaza
Dublin, CA 94568
To FRANCHISEE:
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620 Notice shall be deemed received on the date personally served or, if mailed, three (3)
621 business days after the date deposited in the mail.
622 Section 25. Relationship of the Parties
623 The parties intend that the FRANCHISEE shall perform the services required by this
624 Agreement as an independent contractor and not as an officer or employee of the CITY nor as a
625 partner of or joint venturer with the CITY. No employee or agent of the FRANCHISEE shall be
626 deemed to be an employee or agent of the CITY. Except as expressly provided herein, the
627 FRANCHISEE shall have the exclusive control over the manner and means of conducting the
628 Discard Material collection services performed under this Agreement and all persons performing
629 such services. FRANCHISEE shall be solely responsible for the acts and omissions of its
630 officers. employees. subcontractors and agents shall not obtain any rights to retirement benefits,
631 worker's compensation benefits, or any other benefits which accrue to the employees of the CITY
632 by virtue of their employment with the CITY.
633 FRANCHISEE agrees that this Agreement is not made in the interest of, or on behalf of,
634 any undisclosed person, partnership. franchisee, association, organization. or corporation.
635 FRANCHISEE has not directiy or indirectly colluded, conspired, connived or agreed with any
636 person, partnership, FRANCHISEE, association, organization, or corporation to secure any
637 advantage against the CITY.
638 Section 26. Compliance with Law
639 In providing the services required under this Agreement, FRANCHISEE shall at all times.
640 at its sole cost, comply with all applicable laws of the United States, the State of Califomia, the
641 CITY and other states. cities or counties which may have jurisdiction over any service provided in
642 this Agreement and with all applicable regulations promulgated by any federal, state. regional or
643 local administrative and regulatory agency, now in force and as they may be enacted, issued or
644 amended during the term of this Agreement.
645 Section 27. Governing Law
646 This Agreement shall be governed by, and construed and enforced in accordance with.
647 the laws of the State of California.
648 Section 28. Jurisdiction
649 The parties agree that this Agreement is made in and will be performed in the CITY and
650 any lawsuits between the parties arising out this Agreement shall be filed in Alameda County, CA.
651 Section 29. Assignment
652 a. FRANCHISEE acknowledges that this Agreement involves rendering a vital
653 service to the businesses within the CITY, and that the CITY has Franchised FRANCHISEE to
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654 perform the services specified herein based on (1) FRANCHISEE'S experience, skill and
655 reputation for conducting its Discard Material collection in a safe, effective and responsible
656 fashion, at all times in keeping with applicable waste management laws. regulations and good
657 waste management practices, and (2) FRANCHISEE'S financial resources to maintain the
658 required equipment and to support its indemnity obligations to the CITY under this Agreement.
659 The CITY has reiied on each of these factors, among others, in choosing the FRANCHISEE to
660 perform the services to be rendered by the FRANCHISEE under this Agreement.
661 b. Any Franchise granted is a privilege to be held in trust by the original
662 FRANCHISEE. A Franchise issued by the CITY shall not be transferred, sold, leased, assigned,
663 or relinquished, or delegated to another person, either in whole or in part, whether by forced sale,
664 merger, consolidation, bankruptcy laws or otherwise, without the written prior approval of the
665 CITY. This restriction includes the transfer of ownership of the Franchise, or a majority of the
666 ownership or control of the FRANCHISEE, or the conveyance of a majority of the
667 FRANCHISEE'S stock to a new controlling interest. Franchises shall become void upon the
668 abandonment of same by the FRANCHISEE. The CITY shall not unreasonably withhold approval
669 of a Franchise assignment, provided that such assignment does not unreasonably impact
670 competition and the assignee meets all of the requirements established by the CITY for the
671 granting of this Franchise and is qualified to perform its obligations as required by this Franchise
672 Agreement.
673 c. FRANCHISEE shall promptly notify the Franchise Administrator in writing in
674 advance of any proposed assignment, sale, or transfer. In the event the CITY approves of any
675 assignment, sale, or transfer, said approval shall not relieve FRANCHISEE of any of its
676 obligations or duties under this Agreement unless this Agreement is modified in writing to that
677 effect.
678 Section 30. Binding on Successors
679 The provisions of this Agreement shall inure to the benefit to and be binding on the
680 successors and permitted assigns of the parties.
681 Section 31. Waiver
682 The waiver by either party of any breach or violation of any provisions of this Agreement
683 shall not be deemed to be a waiver of any breach or violation of any other provision nor of any
684 subsequent breach or violation of the same or any other provision. The subsequent acceptance
685 by either party of any monies which become due hereunder shall not be deemed to be a W3iver of
686 any preexisting or concurrent breach or violation by the other party of any provision of this
687 Agreement.
688 Section 32. Entire Agreement
689 This Agreement, inciuding the Attachments, represents the full and entire Agreement
690 between the parties with respect to the matters covered herein.
691 Section 33. Interpretation
692 This Agreement shall be interpreted and construed reasonably and neither for nor against
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693 either party, regardless of the degree to which either party participated in its drafting.
694 Section 34. Amendment
695 This Agreement may not be modified or amended in any respect except by a written
696 agreement duly approved and signed by the parties.
697 Section 35. Severability
698 If any nonmaterial provision of this Agreement is for any reason deemed to be invalid and
699 unenforceable, the invalidity or unenforceability of such provision shall not affect any of the
700 remaining provisions of this Agreement which shall be enforced as if such invalid or
701 unenforceable provision had not been contained herein.
702
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702 IN WITNESS WHEREOF, the CITY and the FRANCHISEE have executed this Agreement on the
703 day and year first written above.
704 CITY OF DUBLIN FRANCHISEE
705 A Municipal Corporation
706
707
708
709
710
711 Attest:
712
713
714
715 Kay Keck, City Clerk
716
717
RICHARD C. AMBROSE
CITY MANAGER
(Name & Title)
718 Approved as to Form:
719
720
721
722 Elizabeth H. Silver, City Attomey
723
724
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ORDINANCE NO. - 05
AN ORDINANCE OF THE CITY OF DUBLIN AMENDING SECTIONS 5.32.040,
5.32.050,5.32.120,5.32.130,5.32.140,7.30.010, 7.30.050, AND 7.30.060 TO THE
DUBLIN MUNICIPAL CODE RELATING TO SOLID WASTE MANAGEMENT
AND WASTE MANAGEMENT PLANS FOR CONSTRUCTION, DEMOLITION
AND RENOVATION PROJECTS
The City Council of the City of Dublin does hereby ordain as follows:
Section 1: Section 5.32.040 is amended to read as follows:
5.32.040 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings
respectively ascribed to them by this section:
"Collection" means the removal and transportation of solid waste by the collector
from the place of delivery to a disposal facility approved under the collector's agreement
with the city or by a non-exclusive franchisee.
"Collector" means that person or business having an exclusive franchise
agreement with the city granting to him or it the exclusive privilege of collecting or
causing to be collected or transported for a fee any solid waste within the city or any
portion thereof.
"Constr(lction and demolition debris" means used or discarded materials resulting
from constmction, remodeling, repair or demolition operations on any pavement, house,
commercial building, or other structure and such other materials as may be removed
during the normal cleanup process of such construction, remodeling, repair, or demolition
operations.
"Construction and demolition debris collection service" means the collection of
construction and demolition debris by a person or company that holds a valid non-
exclusive franchise from the city and the delivery ofthat material to an appropriate
facility.
"Delivery" of solid waste shall be deemed to occur when solid waste is deposited
in a receptacle or at a location that is dcsignatcd for collection pursuant to this chapter, or
is otherwise discarded.
"Director" means the City Manager or the designee ofthe City Manager.
"Fixed body vehicle" !lleanS an end-dump trailer hauled by a tractor, a dump
truck, or other such vchicle where the container portion of the vehicle used to collect and
transport construction and demolition debris is a fixed part ofthe vehicle body. Fixed
body vehicles do not include vehicles manufactured to or designed to transport and
deliver construction and demolition debris boxes.
"Hazardous waste" means any waste now or hereafter classified as hazardous
pursuant to applicable federal, state or local law.
ATTACHMENT 2
..--..-......... .-.".........
25 r:u~'-
"Owner" means the owner or owners ofreal property having fee titlc to the
property as identified in the most recent equalized assessment roll of the Alameda County
Assessor.
"Recycling" means the process of treating and reconstituting solid waste for the
purpose of using the altered form. The collection, handling, transfer or disposal of solid
waste not source separated or not intended for or capable ofrecycling is not "recycling"
within the meaning of this chapter. Putrescible solid waste (except animal wastcs or
remains for use only as tallow) is rebllllably presumed to be not capable of being
recycled. "Recycling" also does not include the processing or use of solid waste for
conversion to energy.
"Recycling facility" means any location, within or without the city limits ofthe
city, whicb accepts recyclable matcrials that have been source separated from solid waste
generated in the city for the sole purpose ofrecycling as defined herein.
"Solid waste" means all putrescible and nonputrescible solid, semi-solid and
liquid wastes, including garbagc, trash, rcfuse, paper, rubbish, ashes, industrial or
commercial wastes, demolition and construction wastes, discarded home and industrial
appliances, animal solid and semi-solid wastes other than fecal matter, vegetable wastes,
and other discarded solid and scmi-solid wastes, but does not include hazardous waste, as
herein defined, sewage or abandoned automobiles.
"Source separation" means the segregation into separate containers hy the waste
generator, prior to delivery, of individual components of solid waste, such as glass
bottles, cans, newspapers, and corrugated containers, for the sole purpose of "recycling"
as defined herein.
"Tenant" when used with reference to a residence, means any person or persons
other than the owner occupying or in possession of the residence.
"Waste gcncrator" means the property owner, resident, tenant, lessee, occupant,
or business which produced the waste in the city in the first instance. This definition
excludes any person who collects from or accepts shipment of waste from another person
for the purposes of separating, recycling or otherwise disposing of such waste.
Section 2: Section 5.32.050 ofthe Dublin Municipal Code is amended to read as follows:
5.32.050 Storage in receptacles-Exceptions.
A. All solid waste produced, deposited, kept, or accumulated upon any lot or
parcel ofland, whether public or private, shall be kept in receptacles or containers as
hereinafter provided. All such waste, in the receptacles or containers in which it is kept,
shall be delivered for collection as hereinafter provided, with the following exceptions:
1. Lawn and garden trimmings and dead leaves removed from a site by a
gardening, landscaping, or tree trimming contractor, as an incidental part of a total
service offered by that contractor rather than as a hauling service;
2. Construction and demolition debris as defined herein which is removed
in accordance with such definition, except that debris generated at a demolition
site hy a licensed demolition contractor, under the authority of a currently valid
demolition permit issued by the City of Dublin, need not be kept in a receptacle or
container;
7.-LQ ~ 32
3. Materials source separated for recycling for which the generator
receives compcnsation from the person collecting such materials;
4. Materials source separated for recycling that the generator donates to
youth, civic, or charitable organizations, no matter how the materials arc
transported;
5. Animal wastes and remains from slaughterhouses or butcher shops for
use as tallow;
6. Solid waste transported by the owner or occupant of any residence to a
fully licensed public disposal facility, provided that such person may not transport
solid waste from more than one residential unit; and
7. Hazardous waste.
B. Hazardous waste shall not bc delivered to the collector under the provisions of
this article, except as the collector may agree by a separate contract with the generator or
owner of any hazardous waste Or through any further program arranged with the
legislative body having jurisdiction. Every generator, keeper, custodian or owner of
hazardous waste is, and shall remain, responsible for the safe disposal of such waste
pursuant to applicable law.
C. Every generator, keeper, custodian or owner of material covered by items 1,2,
3,4,5, or 6 of subsection A of this section is, and shall remain, responsible for its safe
handling and disposal in accordance with this chapter and with other applicable law.
D. Nothing herein shall prevent the collector from aecepting, collecting or
transporting material covered by items 1, 2, 3, 4, 5, or 6 of subsection A ofthis section if
delivered or otherwise offered to the collector.
Section 3: Section 5.32.120 of the Dublin Municipal Code is amended to read as follows:
5.32.120 Collection-Time and location.
Collection from single-family residences shall be from locations determined by
resolution ofthc City CounciL Collection from other premises shall be at places agreed
upon by negotiation bctween the solid waste collector and the waste generator. All
collections from residences and cOllUllercial properties adjacent to residences shall begin
not earlier than six a.m. (6:00 a.m.).
Section 4: Section 5.32.130 ofthe Dublin Municipal Code is amended to read as follows:
5.32.130 Exclusive and Non-Exclusive Franchises; Exemptions.
A. Franchise Required. No persons other than the holder of the exelusive
franchise granted pursuant to Subsection C below or persons granted a non-exclusive
franchise agreement with the city pursuant to Subsection D below shall collect, transport
or convey, or cause or permit to be collected, transported or conveyed on any city street,
any solid waste for a fee or any consideration whatsoever.
B. Exemption/rom Franchise Requirement. Notwithstanding thc foregoing, the
following shaU be exempt from the franchise requirement set forth in Subsection A
above.
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1. The collection of materials source separated for recycling for which
compensation is provided to the waste generator;
2. Materials source separated for recycling that the generator donates to
youth, civic, or charitable organizations, no matter how the materials are
transported;
3. Solid waste and source-separated rnaterials for recycling transported to
a processing or disposal facility by the owner or occupant of the premises on
which the materials were generated or by the owner or occupant's full-time
employees, provided such transport is consistent with Section 5.32.150;
4. Lawn and gardcn trimmings and dead leaves removed from a sitc by a
gardening, landscaping or tree trimming contractor, as an incidental part of a total
service offered by that contractor rather than as a hauling scrvice, if such waste is
transported in a manner which ensures no spillage or litter of highways or city
streets;
5. Largc items removed from a premises by a property clean-up or
maintenance company as an incidental part of cleanup or maintenance service
offered by the company and not as a separate hauling service;
6. The collection and transport of animal wastes and remains for tallow
provided that a permit for sllch collection and transport has been issued by the
Alameda County Health Officer;
7. Containers delivered for recycling under the California Beverage
Container Recycling Litter Reduction Act, Public Resourees Code sections 14500
et seq., no matter how delivered;
8. Hazardous waste;
9. The collection and rcmoval of construction and demolition debris
provided that at least ninety five percent (95%) of each load is actually recycled
and provided that the pcrson collecting and removing such debris receives no
compensation frOnl the generator;
10. The collection and removal of construction and demolition debris
from a construction site by the construction contractor, provided that the hauling
is performed by the contractor itself and not by a subcontracted hauling company;
II. The collection and removal of construction and demolition debris
from a demolition site by a licensed demolition contractor or its subcontracted
hauling company, under the authority of a currently valid demolition permit
issued by the City of Dublin, when such removal is accomplished through the use
of a fixed body vehicle.
C. Exclusive Franchise. The city may enter into an exclusive franchise
agreement granting to one person the exclusive right to collect or transport, or cause to be
collected or transported for a fee, all solid waste within the city or any portion thereof.
The franchise agreement shall provide detailed requirements for the management and
disposal of solid waste in the city and provide for regulation of the fees to be collected
undcr thc exclusive franchise.
D. Non-Exclusive Franchises. The city may enter into non-exclusive franchise
agreements granting to a person the right to collect or transport, or cause to be collected
or transported for a fee, solid waste within the city or any portion thereof, if the collection
and transport of such waste is not subject to tbe exclusivity provisions of the exclusive
2..~ ~ ~'2..
franchise or if the generator is exempted by law from complying with the requirement in
sections 5.32.080 and 5.32.090 that all generators of solid waste within the city deliver
such waste to and contract with the collector for solid waste collection and disposal
services. The non-exclusive franchise agreement shall provide detailed requirements for
the management and disposal of solid waste in the city. The franchise agreement shall not
regulate the fees collected under the non-exclusive franchise.
Section 5: Section 532.140 of the Dublin Municipal Code is amended to read as follows:
5.32.140 Collection rates-Designation of minimum service.
Maximum rates of compensation for thc collection of solid waste within the city
under the exclusive franchise shall be adopted by a resolution of the City CounciL The
resolution shall also describe the minimum service required for any residence pursuant to
Section 532.091 including a description of all services included in the minimum service
leveL
Section 6: Sections 5.32.170, 532.180, 5.32.190, 3.32.200, 532.210, and 5.32.230 of the
Dublin Municipal Code are hereby repealed.
Section 7: Section 7.30.010 of the Dublin Municipal Code is amended to read as follows:
7.30.010 Definitions.
For the purposes of this chapter, the following definitions shall apply:
"Applicant" means any individual, firm, limited liability company, association,
partnership, political subdivision, government agency, municipality, industry, public or
private corporation, or any other entity whatsoever who applies to the city for the
applicable permits to undertake any construction, demolition, or renovation project within
the city.
"Construction" means the building of any facility or structure or any portion
thereof including any tenant improvements to an existing facility or structure.
"Construction and demolition debris" means used or discarded materials resulting
from constmction, remodeling, repair or dcmolition operations on any pavement, house,
commercial building, or other structure and such other materials as rnay be removed
during the normal cleanup process of such construction, remodeling, repair, or demolition
operations.
"Conversion rate" means the rate set forth in the standardized conversion rate
table approved by the city pursuant to this chapter for use in estimating the volume or
weight of materials identified in a waste management plan.
"Covered project" shall have the meaning set forth in Section 7.30.020A ofthis
chapter.
"Deconstruction" means the process of carefully dismantling a building or
structure in order to salvage components for reuse and recycling.
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"Demolition" means the decimating, razing, ruining, tearing down or wrecking of
any facility, stmcture, pavement or building, whether in whole or in part, whether interior
or exterior.
"Divert" means to use material for any purpose other than disposal in a landfill or
transformation facility.
"Diversion requirement" means the diversion of at least fifty percent (50%) by
weight ofthc total construction and demolition debris generated by a project via reuse or
recycling excluding asphalt and concrete debris of which one-hundred percent (100%)
must be diverted, unless the applicant has been granted an infeasible exemption pursuant
to Section 7.30.070 of this chapter, in which case the diversion requirement shall be the
maximum feasible diversion rate established by the WMP Compliance Official for the
project.
"Noncovered project" shall have the meaning set forth in Section 7.30.020B of
this chapter.
"Performance security" means any performance bond, surety bond, money order,
letter of credit, or certificate of deposit submitted to the city pursuant to Section 7.30.040
ofthis chapter.
"Project" means any activity which requires an application for a building or
demolition permit or any similar permit from the city.
"Recycling" means the process of collecting, sorting, cleansing, treating and
reconstituting materials that would otherwise become solid wastc, and returning them to
the economic mainstream in the form of raw material for new, reused or reconstitutcd
products which meet the quality standards necessary to be used in the marketplace.
"Renovation" means any change, addition or modification in an existing structure.
"Reuse" means further or repeated use of construction or demolition debris.
"Salvage" means the controlled removal of construction or demolition debri.s from
a permitted building or demolition site for the purpose of recycling, reuse or storage for
later recycling or rcuse.
"Total costs" means the total construction value of the project as calculated by the
Building and Safety Division using the city's standard commercial and residential
valuation formulas.
"Waste management plan" means a completed WMP form, approved by the city
for the purpose of compliance with this chapter, submitted by the applicant for any
covered or Doncovered project.
"WMP Compliance Official" means the designated staffperson(s) authorized and
responsible for implementing this chapter.
Section 8: Section 7.30.050 of the Dublin Municipal Code is amendcd to read as follows:
7.30.050 Review ofWMP.
A. ApprovaL Notwithstanding any other provision ofthis code, no plan check
shall be approved for any covered project unless and until the WMP Compliance Official
has approved the WMP. Approval shall not be required, however, where an emergency
demolition is rcquircd to protect public health or safety. The WMP Compliance Official
30rn~2
shall only approve a WMP ifhe or she first determines that all ofthe following
conditions have been met:
1. The WMP provides all ofthe infonnation set forth in Section 7.30.030
of this chapter; and
2. The WMP indicates that the diversion requirement will be met.
If the WMP Compliance Official determines that all of the conditions set
forth in this section have been met, he or she shall mark the WMP "approved,"
return a copy of the WMP to the applicant, and notify the Building and Safety
Division that the WMP has been approved.
B. NonapprovaL If the WMP Compliance Official determines that the WMP is
incomplete or fails to indicate that at least fifty (50) percent of all construction and
demolition debris generated by the project will be reused or recycled, he or she shall
either:
1. Return the WMP to the applicant marked "denied," including a
statement of reasons, and so notify the Building and Safety Division, which shall
then immediately stop processing the plan check; or
2. Return the WMP to the applicant marked "further explanation
required."
Section 9: Section 7.30.060 ofthe Dublin Municipal Code is amended to read as follows
7.30.060 Compliance with WMP.
A. Documentation. Within thirty (30) days after the issuance of a certificate of
occupancy, or at the time of issuing the last certificate of occupancy for units within a
residential phased project of any covered project, the applicant shall submit to the WMP
Compliance Official documentation that it has met the diversion requirement for the
project. The diversion requirement shall be that the applicant has diverted at least fifty
percent (50%) ofthe total construction and demolition debris generated by the project via
reuse or recycling excluding asphalt and concrete debris of which one hundred pcrcent
(100%) must be diverted, unless the applicant has been granted an impossibility
exemption pursuant to Section 7.30.070 of this chapter, in which case the diversion
requirement shall be the maximum feasible diversion rate establishcd by the WMP
Compliance Official for the project. This documentation shall include all ofthe
following:
1. Receipts from the vendor or facility which collected or received each
material showing the actual weight or volume of that material;
2. A copy of the previously approved WMP for the project adding the
actual volume or weight of each material diverted and landfillcd;
3. Any additional information the applicant believes is relevant to
determining its efforts to comply in good faith with this chapter.
B. Weighing of Wastes. Applicants shall make reasonable efforts to ensure that
all construction and dcmolition debris diverted or landfilled is measured and recorded
using the most accurate method of measurement available. To the extent practical, all
construction and demolition debris shall be weighed by measurement on scales. Such
3/ CO 32.
scales shall be in compliance with all regulatory requirements for accuracy and
maintenance. For constmction and demolition debris for which weighing is not practical
due to small size or otber considerations, a volumetric measurement shall be used. For
conversion of volumetric measurements to weight, the applicant shall use the
standardized conversion rates approved by the city for this purpose.
C. Determination of Compliance and Release of Performance Security. The
WMP Compliance Official shall review the information submitted under subsection A of
this section and determine whether the applicant has complied with the diversion
requirement, as follows:
I. Full Compliance. If the WMP Compliance Official determines that the
applicant has fully complied with the diversion requirement applicable to the
project, he or she shall cause the full performance security to be released to the
applicant within thirty (30) days of the applicant's submission of the
documentation required under subsection A of this scction.
2. Good Faith Effort to Cornply. If the WMP Compliance Official
determines that the diversion requirement has not been achieved, he or she shall
determine on a case-by-case basis whether the applicant has made a good faith
effort to comply with this chapter. In making this determination, the WMP
Compliance Official shall consider the availability of markets for the construction
and demolition debris landfilled, the size of the project, and the documented
efforts of the applicant to divert construction and demolition debris. If the WMP
Compliance Official determines that the applicant has made a good faith effort to
comply with this chapter, he or she shall release the performance security, or a
pcrccntage thereof, to the applicant within thirty (30) days of the applicant's
submission ofthe documcntation rcquired under subsection A of this section.
3. Noncompliance. Ifthe WMP Compliance Official determines that the
applicant has not made a good faith effort to comply with this chapter, or if the
applicant fails to submit the documentation required by subsection A ofthis
section within the required time period, then the pcrformance security shall be
forfeited to the city. All forfeited performance securities shall be deposited into a
special account and used for the purposes of promoting recycling within the city.
Section 10: EtTective Date. This Ordinance shall take effect and be enforced thirty
(30) days following its adoption.
Section 11: Posting. The City Clerk of the City of Dublin shall cause this Ordinance
to be posted in at least three (3) public places in the City of Dublin in accordance with
Section 36933 ofthe Government Code of the State ofCalifomia.
PASSED, APPROVED AND ADOPTED this _ day of
,2005.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
3d 003:l.