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HomeMy WebLinkAbout5.1 Waste Mgmt Ordinance and Agreement boa -36 CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE:- March 10, 1986 SUBJECT PUBLIC HEARING Solid Waste Management Ordinance and Agreement EXHIBITS ATTACHED 1 ) Ordinance as introduced 2) Resolution Adopting Agreement 3 ) Resolution Establishing Collection Cost Schedule 4 ) Rate Comparison Sheet RECOMMENDATION Open Public Hearing ; receive Staff Report ; receive public testimony; close public hearing; deliberate ; waive reading and adopt as an Urgency Ordinance ; Adopt the Resolutions FINANCIAL STATEMENT: Residential consumers will receive approximately a 3% decrease. in rates . Commercial users will receive approximately a 14% decrease . The existing service levels will be maintained. The City will receive an estimated $57 ,000 per year in franchise fees . (This is a decrease of approximately $33 ,000 from the anticipated franchise fees levied at 7 . 6% by the Dublin San Ramon Services District ) . DESCRIPTION At the regular City Council meeting on February 24, 1986, the City Council introduced the Solid Waste Management Ordinance . The City of Dublin will assume the role of franchisor on April 1 , 1986 . The City Staff has negotiated with Oakland Scavenger Company a comprehensive ordinance . The ordinance outlines regulations imposed on the collection and disposal of solid waste . Specific exemptions to the franchise are allowed for recycling and removal by residential customers . However, residential customers may not remove waste from more than one residential unit . The conditions imposed by this ordinance will assure that an adequate system of solid waste management services are provided in the community. The ordinance has been prepared to take effect immediately. Due to the need to assume the role as franchisor effective April 1 , 1986 , it is not possible to allow a 30 day waiting period prior to becoming effective . The ordinance should be adopted as an urgency measure pursuant to State Law. The City Council also reviewed proposed rates at their meeting on February 24 , 1986 . The establishment of a franchise fee affects the rate paid by the consumer . Staff was directed to determine the appropriate franchise fee to achieve a 15¢ reduction in the residential single can rate . If the City imposes a 4.8% franchise fee , the single can rate for residential service would be $4. 90 per month. The current rate is $5 .05 per _ month, which includes a 7 . 6% franchise fee levied by DSRSD. It is estimated that a 4 .8% fee will generate $57 ,000 on an annual basis compared to $90 ,000 collected under a 7 . 6% fee . The calculations contained in the resolution establishing the collection schedule reflect the 4. 8% franchise fee included in the proposed agreement . Staff recommends that the City Council conduct a public hearing, waive the reading and adopt as an urgency ordinance the Solid Waste Management Ordinance . It would then be appropriate to adopt the resolutions . 2 COPIES TO: ITEM N0. ��� t ORDINANCE NO. - 86 AN ORDINANCE OF THE CITY OF DUBLIN REGULATING SOLID WASTE MANAGEMENT THE CITY AND COUNCIL of the City of Dublin thus ordain as follows: SECTION 1 . LEGISLATIVE FINDINGS AND DECLARATION. 1 . The provision of adequate and reliable solid waste management services is essential to the preservation of the health , safety, and well-being of residents of the City. 2. The State of California has found and declared that the rapidly increasing volume of solid waste resulting from population growth , industrial expansion and other factors compels an organized and comprehensive approach to solid waste management ( Cal . Gov. Code Section 66701 , 66702) . 3. As an essential part of the State' s comprehensive program for solid waste management and for the preservation of the health, safety, and well-being of the public, the State of California has declared that it is in the public interest that local public agencies make adequate provisions for solid waste handling and , pursuant to those State policies, has expressly authorized the City to make such provisions (Cal. Gov. Code Sections 66755, 66756) . 4. The State of California has expressly recognized that the City may determine all aspects of solid waste handling which are of local concern, including , but not limited to, frequency of collection, means of collection and transportation , level of services, charges and fees, nature , location, and extent of providing solid waste handling services, and has expressly declared that the City may determine whether any such services are to be provided by means of exclusive or non-exclusive frnachises, contracts, licenses, permits, or other means and that the City may grant to other authority to provide solid waste handling services under such terms and conditions as the City may prescribe ( Cal . Gov. Code Section 66756, 66757) . 5. The City desires to establish an exclusive franchise system providing for the rate-regulated collection and disposal of solid waste. 6. Use of an exclusive franchise for the handling of solid waste generated in the City is an appropriate and desirable means to provide for .the public health , safety, and well-being , and the efficient and orderly collection and disposal of all such waste ( Cal . Gov. Code Section 66757(b) ) . SECTION 2. CITY OF DUBLIN SOLID WASTE ORDINANCE. The City Council enacts the following ordinance: -� s•;,r r e«- I'i' _ .'?','.'"r'�7Y "t"TT i'f? t^*a'C'Fr�'r."'¢ .^Ra"'E•.^6x ,, : :. �t^. •.^.�-.: 'fl•L�r.M*.,:y`,t. ,..+`.,. ,-F.F. 't f:4,�r+�..,i�..1:...W ta- .._.•i....'Y�Y•sz"r.�e.4ti"�/� lz!•:�, :.n,.S,ti..� d�4�..,!k,>t .4 �I�a`..''..� '�.�_..���:�r:::47�i _`ra?Ar..��R '^s�1,vr�:!',... _,:,,. _.. ._. ARTICLE 1 GENERAL PROVISIONS AND DEFINITIONS SECTION 5-100. CITATION OF CHAPTER. This chapter may be referred to and cited as the Solid Waste Management Ordinance of the City of Dublin. SECTION 5-101 . DECLARATION OF POLICY. The management of solid waste is a matter of great importance to the City, and its citizens, visitors , property-owners and businesses. The City has found that the public health , safety, and well-being require that the generation, accumulation, handling , collection, transporta- tion , conversion and disposal of solid waste be controlled and regulated by the City through the comprehensive system provided in this chapter. The establishment and maintenance of this system will benefit the City and all its citizens, visitors, property- owners and businesses apart from and in addition to individual use . The system seeks to maintain a readily available solid waste disposal service which the City wants to be reliable , clean, efficient and economical . The system will help to reduce the harboring and breeding of rodents and insects, to reduce the spread of disease, and to prevent pollution and other unsightly degradation of the environment. The comprehensive solid waste management system provided in this chapter is found to be in the public interest. SECTION 5-102. DECLARATION OF PURPOSE AND OBJECT. The purpose and object of this chapter are to accomplish the fore- going results, and the provisions thereof shall be construed to give full effect to the accomplishment of such purpose and object. SECTION 5-103. DEFINITIONS. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section : (a ) "Collection" shall mean 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. (b ) "Collector" shall mean 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. (c ) "Delivery" of solid waste shall be deemed to occur when solid waste is deposited in a receptacle or at a location that is designated for collection pursant to this chapter, or is other- wise discarded. (d) "Demolition Debris" shall mean used construction materials removed from a site during the razing or renovation of a structure as part of a total service offered by a duly licensed demolition contractor ( C-21 license) . (e ) "Director" shall mean the City Manager or the designee of the City Manager. ( f) "Hazardous Waste" shall mean any waste now or hereafter classified as hazardous pursuant to applicable federal , state or local law. (g ) "Junk Dealers" shall mean a person who lawfully, and in accordance with all local ordinances, collects or purchases used articles for purposes of restoration or resale , including antique dealers ,: used building supply dealers , and automobile salvagers. This definition does not include a person who collects or accepts solid waste for recycling after source separation. -2- �Tew ( h) "Recycling" shall mean 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 of recycling is not "recycling" within the meaning of this chapter. Putre-scible solid waste (except animal wastes or remains for use only as tallow) is rebuttably presumed to be not capable of being recycled. "Recycling" also does not include the processing or use of solid waste for conversion to energy. (i ) "Recycling Facility" shall mean any location, within or without the city limits of the City, which accepts recyclable materials that have been source separated from solid waste generated in the City for the sole purpose of recycling as defined herein. (j ) "Recycling Transporter" shall mean any person who transports source separated materials for recycling . ,(k) "Solid Waste" shall mean all putrescible and nonputres- cible solid , semi-solid and liquid wastes, including garbage , trash, refuse , 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 semi-solid wastes, but does not include hazardous waste, as herein defined , sewage or abandoned automobiles. (1 ) "Source Separation" shall mean the segregation into separate containers by 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. (m) "Waste Generator" shall mean 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 . ARTICLE 2 SOLID WASTE ACCUMULATION, STORAGE AND DELIVERY SECTION 5-200. SOLID WASTE SHALL BE STORED IN RECEPTACLES; DELIVERED FOR COLLECTION ; EXEMPT ITEMS; HAZARDOUS WASTE. All solid waste produced, deposited , kept, or accumulated upon any lot or parcel of land, 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: (a ) Materials source-separated for recycling ; (b) 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 ; ( c) - Demolition debris as defined herein which is removed in accordance with such definition ; (d) Nonputrescible solid waste separated by the waste generator for collection and transportation by a junk dealer, but not as a hauling service ; i (e ) Animal wastes and remains from slaughterhouses or butcher shops for use as tallow; -3- ,�, :....,._,_�.—�- ..,..-.,..---` t-v+>' r �..: %tr*'T•+ 4 i .er•r'...?+..^,f1 ,�' -r�.^^..?r-. .e^>ta ^•,cro- p-+�R� A ry'A:y,c r '— ( f) 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 (g ) Hazardous waste. Hazardous waste shall not be 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. Every generator, keeper, custodian or owner of material covered by items (a) , (b) , ( c) , (d ) , (e ) or ( f) is, and shall remain, responsible for its safe handling and disposal in accordance with this chapter and with other applicable law. Nothing herein shall prevent the collector from accepting , collecting or transporting material covered by items (a) , (b ) , (c ) , (d ) , (e ) or (f) if delivered or otherwise offered to the collector. SECTION 5-201 . TYPES AND CARE OF SOLID WASTE RECEPTACLES. Every owner, lessor, lessee , tenant, employee , or occupant of any premises where solid waste is created, deposited, kept, produced , or accumulated shall provide for use upon such premises and shall use one or more watertight , noncorrodible , nonabsorbent and durable receptacles which shall be kept in a clean and sanitary condition at all times . The standard size container for residential and commercial services shall have a capacity not exceeding 32 gallons and shall be of a design approved by the Director, provided that receptacles of a net capacity. of more than 32 gallons may be used when approved by the Director and the collector. When delivered for collection, no such receptacle shall be filled so as to exceed a gross weight of 75 pounds, including the receptacle and its contents, except for automated container collection. The Director may establish reasonable weight limits for safe handling of automated collection contain- ers. The receptacle shall be kept tightly covered at all times by a tight-fitting noncorrodible cover, except when solid waste is being deposited therein or removed therefrom, and shall at all times be proofed against access by flies, rodents , and animals. SECTION 5-202. LOCATION OF SOLID WASTE RECEPTACLES. All solid waste receptacles delivered for collection shall be placed so as to be readily accessible for removal and emptying by the collector, but they shall not be placed within the vehicle traveled portion of any street, road , avenue, way or alley, or at any location so as to constitute a nuisance. By the day after collection, all residential collection containers must be removed so as not to be visible from the street. Flashers shall be required on all collection containers four cubic yards in capacity or larger placed in the non-traveled portion of .the street for more than 24 hours. SECTION 5-203. WASTE GENERATOR RESPONSIBLE FOR REMOVAL OF SOLID WASTE. All solid waste created , deposited, kept, produced, or accumulated in, on or about any dwelling , premises, lot or parcel of land , whether public or private , shall be delivered to the collector, or removed by the waste generator where permitted by Sections 5-300 and 5-301 , at least once each week or more often if required by the Director unless and to the extent specifically exempted in Section 5-200. -4- � .. .',t�� ..r ti�Tp4T"� {r_^T�y rl 1 ,i`;+'"r�.7'.{{ �o� � Tirr ,+'n`.'3Lr.. �'�1'. _''Tti `53 Yr�1..'�"�^'f t; �"�'y�"R'"�'.rr+{."+�• r .. SECTION 5-204. RESPONSIBILITY FOR PAYMENT OF SOLID WASTE CHARGES. The waste generator shall be responsible for payment of all charges for solid waste collection and disposal services furnished by the collector. SECTION 5-205. RESPONSIBILITIES OF COLLECTOR. , The col- lector shall collect all solid waste delivered to such places of collection and at such intervals as set forth herein and shall transfer the contents of all solid waste receptacles into the vehicles provided therefor. The collector shall clean up any solid waste spilled during the collection and shall completely empty the receptacles and replace lids. SECTION 5-206. COLLECTOR TO GIVE INVOICES AND RECEIPTS. The collector shall , at least quarterly, submit to every regular customer within the City a written , dated invoice for sums properly due and payable to the collector. In the event the collector submits an invoice in advance of or at the beginning of a particular quarter, the sums due for such quarter shall not be deemed delinquent until the expiration of the second month of such quarter. The collector also shall , if requested by any customer, render a written, dated receipt for any money received by the collector from such customer on account of solid waste collection services rendered or to be rendered. SECTION 5-207. POINTS OF COLLECTING RECEPTACLES FROM RESIDENCES AND COMMERCIAL AND INDUSTRIAL ESTABLISHMENTS; TIME OF COLLECTION. Collection from single family residences shall be from locations determined by resolution of the City Council ; collection from other premises shall be at places agreed upon by negotiation between the solid waste collector and the waste generator. All collections from residences and commercial properties adjacent to residences shall begin not earlier than 5: 30 a .m. ARTICLE 3 SOLID WASTE COLLECTION AND TRANSPORTATION SECTION 5-300. EXCLUSIVE FRANCHISE FOR SOLID WASTE COLLECTION. 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, excepting solid waste exempted from the delivery requirements by Section 5-200. Said franchise agreement shall provide detailed require- ments for the management and disposal of solid waste in the City and provide for regulation of the fees to be collected under the exclusive franchise . No person other than the exclusive fran- chisee of the City 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 what- soever, provided that: (a ) Source separated materials for recycling may be trans- ported by a permitted recycling transporter without fee if all conditions of this chapter are satisfied ; (b ) Demolition debris , as defined herein , may be trans- ported by a duly licensed demolition contractor if all require- ments of the license and this chapter are satisfied ; (c) Nonputrescible solid waste separated by the waste generator for collection by a junk dealer may be transported by such dealer without fee if the requirements of this chapter are satisfied and if such waste is transported in a manner which ensures no spillage or litter of highways or city streets; -5- (d) A waste generator who is the owner or occupant of any residence may transport solid waste and source separated mate- rials for recycling to the extent permitted by Section 5-200 and 5-301 ; (e ) 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 con- tractor rather than as a hauling service, may be transported by that contractor if the requirements of this chapter are satisfied and if such waste is transported in a manner which ensures no spillage or litter of highways or city streets; and ( f) Tallow users may collect and transport animal wastes and remains provided the permit therefor has been issued by the Alameda County Health Officer. SECTION 5-301 . SELF-HAULING BY WASTE GENERATOR. Consis- tent with Section 5-300, a waste generator who is the owner or occupant of any residence may transport solid waste or source separated rec ycla.ble materials generated by it only to the following destinations, provided that such person may not trans- port solid waste or source separated recyclable materials from more than one residential unit : (a) For solid waste , the designated receiving area at a fully licensed public disposal facility; (b ) For materials for recycling , a recycling facility holding a permit issued under this Chapter, provided that the material has been source separated, contains no putrescible matter and is untainted by putrescible matter. Such solid waste or materials for recycling may not be permitted to leak, spill , overflow or litter upon any public street or highway. ARTICLE 4 RECYCLING SECTION 5-400. SOURCE SEPARATION AND RECYCLING. Waste generators may source .separate materials for recycling from solid waste for conveyance to duly permitted recycling facilities. Materials source separated for recycling must be stored in receptacles or another manner sufficient to prevent access by rodents, insects and animals , and must be collected by licensed recycling transporters or transported by the waste generator with sufficient frequency so as not to create a health hazard , public nuisance or fire hazard . Putrescible solid waste and nonputres- cible solid waste tainted by putrescible solid waste shall be presumed to be inappropriate for recycling , except where intended for use and source separated for use as tallow. Nothing in this section is intended to modify, restrict or eliminate any other obligations, restrictions, limitations or conditions imposed upon or applicable to any waste generator, other person, use, or location. SECTION 5-401 . RECYCLING TRANSPORTERS. (a ) Permitted recycling tranporters may collect source separated materials for recycling and transport such materials to a recycling facility provided that no fee is charged by the recycling transporter and both the recycling transporter and the recycling facility have obtained any and all necessary permits required by this chapter or by any other regulatory agency having jurisdiction. -6- I (b ) A recycling transporter shall make a reasonable inspection of everything offered or given it to assure the recycling transporter' s compliance with the requirements of this chapter and with any and all conditions of its permit and other applicable laws. (c ) Every vehicle used by a recycling transporter to transport source separated materials for recycling shall be identified by its name and local business telephone number in lettering not less than 2-1/2 inches high and, where required by the Director, a vehicle identification number. SECTION 5-402. RECYCLING TRANSPORTER PERMITS. No person shall transport or convey, or cause or permit to be transported or conveyed, source separated materials for recycling unless an effective recycling transporter permit in writing has been issued to the transporter, except that the waste generator may transport source separated materials for recycling to a duly permitted recycling facility as provided in Section 5-301 . No recycling transporter may transport non-source separated solid waste tainted by putrescible material . SECTION 5-403. WHAT RECYCLING TRANSPORTER PERMIT APPLICA- TION MUST SHOW. The application for a recycling transporter permit must be made under oath and in writing , and it must be signed by the applicant and must show the following : (a) The name, address, and telephone number of the appli- cant; (b ). The type, kind and make of each vehicle to be used by the applicant in the collection and transportation of source separated materials for recycling ; ( c) Whether such vehicle is so constructed as to prevent unintended loss of contents ; (d) The type and kind of cover used for covering its contents ; (e ) All destinations where all or part of the contents may be left or unloaded ; ( f) The method, manner, and frequency of cleaning such equipment; (g ) A statement that the applicant will not attempt to assign or transfer such permit, and that the applicant agrees to comply with all requirements of this chapter; ( h) The description of the materials to be transported ; and ( i ) A statement that, if any of the information in the application changes in any material respect, the applicant will notify the Director in writing of the change or changes and will file a new application if required by the Director. SECTION 5-404. FILING OF RECYCLING TRANSPORTER APPLICA- TION ; FEES. The application for a recycling transporter permit shall be made under oath and shall be filed with the Director and shall be accompanied by a nonrefundable application fee estab- lished by resolution of the City Council . SECTION 5-405. GRANTING OF RECYCLING TRANSPORTER PERMIT; FINDINGS BY THE DIRECTOR. If the Director finds that the application is consistent with the intent and purpose of this chapter, the Director shall issue a permit to such applicant. If the application is denied, the Director shall inform the appli- cant in a dated writing which shall be mailed to the applicant' s address shown on the application. -7- -. .; .,... ..--: ...... --^,iy--•. :: •5^ ^'Sn aP3o7:.2 'A"r'L"L R t ,t. P Tr' '! _ _ _•-,• • . ... '� •. ': .:.,.,y: ., R, �'- tta ?dv "�•E"rvr,, s.,n St 4.'"1i ✓"'f'F�`7 � x. " 1 SECTION 5-406. EXPIRATION OF RECYCLING TRANSPORTER PERMIT. Each recycling transporter permit issued under this chapter shall expire on the December 31st of the year in which issued. SECTION 5-407. REVOCATION OF RECYCLING TRANSPORTER PERMIT. Each recycling transporter permit shall be subject to revocation after:-notice and hearing pursuant to Article 6 of this chapter, for failure to comply with the requirements of this chapter or with any of the conditions of such permit. SECTION 5-408. RECYCLING FACILITY PERMITS. No person shall operate a recycling facility unless a recycling facility permit in writing has been issued for such facility by the Director. The application for a recycling facility permit must be made under oath and in writing , signed by the applicant, and show the following : (a) The name , address and telephone number of the applicant and the facility, if different; (b ) The type or types of material to be recycled ; ( c ) The source or sources from which such material is to be obtained ; (d ) The manner of transportation of such material from the waste generator to the recycling facility; (e ) A statement that the applicant will not attempt to assign such permit, and that the applicant agrees to comply with all requirements of this chapter, now in force or as hereafter amended ; ( f) A statement that no putrescible solid waste will be accepted or received by the recycling facility, provided that tallow users need not comply with this subsection ; and (g ) A statement that, if any of the information in the application changes in any material respect, the applicant will notify the Director in writing of the change or changes and will file a new application if required by the Director. SECTION 5-409. FILING OF RECYCLING FACILITY APPLICATIONS; FEES. The application for a recycling facility permit shall be filed with the Director and shall be accompanied by a nonrefund- able application fee to be established by resolution of the City Council . The Director shall make an inspection of the recycling facility described in the application . If the Director finds that the application is consistent with the intent and purposes of this chapter, the Director shall issue a permit to such applicant for the recycling facility. If the application is denied, the Director shall inform the applicant in a dated writing which shall be mailed to the applicant ' s address shown on the application. SECTION 5-410. EXPIRATION, DISPLAY OF RECYCLING FACILITY PERMIT. The Director shall issue one recycling facility permit for each application granted, showing the number of the permit , the year in which it was issued, and the address of the facility. At the discretion of the Director, the permit shall be displayed in a conspicuous place , designated by the Director, in the facility. However, if it is not displayed, a responsible representative of the operator must have possession of the permit and be capable of presenting it within a reasonable period of time . The recycling facility permit shall expire on the December 31st following the date it was issued . -8- SECTION 5-411 . REVOCATION OF RECYCLING FACILITY PERMIT. Each recycling facility permit shall be subject to revocation after notice and hearing , .pursuant to Article 6 of this chapter, for failure to comply with the requirements of this chapter or with the conditions of such permit. SECTION 5-412. APPEALS PROCEDURE. Any applicant for a permit under this Article and any person who is aggrieved by the Director ' s action on the application may have the action reviewed by the City Council , pursuant to Section 10 of Ordinance No. 16-84. ARTICLE 5 ENFORCEMENT SECTION 5-500. ENFORCEMENT NEEDS. The enforcement of this chapter is essential to the public health, safety and well-being. The importance of the policies which the chapter seeks to effectuate makes necessary a range of flexible enforcement mechanisms. The remedies provided in this Article shall be available without prior recourse, if applicable , to the permit revocation procedures provided in Article 6. Each of the remedies provided in this Article shall be available in accor- dance with the terms of its respective section without regard for the availability, potential availability, or use of another remedy or of permit revocation. The Director and the Alameda County Health Officer may utilize other remedies not set forth in this article. SECTION 5-501 . ADMINISTRATION. The Director or the Alameda County Health Officer shall enforce and administer all provisions of this chapter falling under their respective jurisdictions , and for such purpose each shall have the powers of peace officer. SECTION 5-502 . CIVIL INJUNCTION. The Director or the Alameda County Health Officer is authorized to seek civil injunctive relief in any court of competent jurisdiction against any violation or threatened violation of this chapter. SECTION 5-503. CIVIL ACTION FOR IMPAIRMENT OF SOLID WASTE MANAGEMENT SYSTEM REVENUES. To the extent that any violation of this chapter has resulted in any loss of revenues to the solid waste management system , the City may sue in any court of competent jurisdiction to recover said revenues . "Loss of revenues" shall include the loss of the contribution of revenues to the regulated rate structure of the franchised solid waste collector. SECTION 5-504. INSPECTIONS. The Director is hereby authorized to make such inspections and to take such actions as may be required to enforce the provisions of this chapter. Specifically, the collector, as well as any recycling transporter or the operator of any solid waste disposal facility or recycling facility must, upon demand by the Director, permit such inspec- tion of records , operations, facilities or other matters as may be necessary to ensure compliance with this chapter. SECTION 5-505. RIGHT OF ENTRY. (a ) Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the Director has reasonable cause to believe that there exists in any building or upon any premises any condition which constitutes a violation of the provisions of this chapter, the Director may enter such building or premises at all reasonable times to inspect the same or perform any duty imposed upon the Director by this chapter; provided that ( i ) if spch building or premises be occupied, he shall first present proper credentials and demand entry; and ( ii ) if such building or premises be unoccupied, he shall first make a -9- reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If such entry is refused the Director shall have recourse to every remedy provided by law to secure entry. (b) No owner or occupant or any other person having charge, care or control of any building or premises shall fail, or refuse , after proper demand made as herein provided, promptly -to permit entry therein by the Director for the purpose of inspection and examination pursuant to this chapter. SECTION 5-506. CIVIL ACTION. The violation of any of the provisions of this chapter shall also be deemed a nuisance, and a civil action may be brought to abate , enjoin or otherwise compel the cessation of such nuisance. SECTION 5-507. VIOLATION A MISDEMEANOR. Any person who shall violate any of the provisions of Sections 5-200 through 5-203, inclusive , 5-300 through 5-301 , inclusive, 5-400 through 5-402, inclusive or 5-408 shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed one thousand dollars ( $1 , 000. 00) for each violation, or by imprisonment in the County Jail for not more than six ( 6) months, or both. ARTICLE 6 PROCEDURES FOR REVOCATION OF PERMITS SECTION 5-600. REQUEST FOR REVOCATION OF PERMIT; FAILURE TO FURNISH INFORMATION. The Director may at any time require any person to whom a permit has been granted under this chapter to furnish the Director with the plans and a report of operations conducted by such permitee. If the holder of such permit willfully fails and refuses to furnish such plans and report of operations to the Director within a reasonable time after such demand, the Director may request the city council to hold a public hearing to determine whether such permit shall be revoked. SECTION 5-601 . REQUEST FOR REVOCATION OF PERMIT FOR FAILURE TO COMPLY. The Director may at any time request the City Council to revoke a permit issued pursuant to the provisions of this chapter for the failure of the holder thereof to comply with requirements of this chapter or with the conditions of such permit. The request shall contain a written statement which shall set forth in concise language the acts or omissions with which the holder is charged , specifying the specific sections of this chapter or the specific conditions of the permit which the holder thereof is alleged to have violated. SECTION 5-602. HEARING ON REVOCATION OF PERMIT. Within 30 days after the receipt of the request from the Director, the City Council shall hold such hearing and shall give notice of the date , time and place of such hearing of the holder of the permit, to the Director, and to such other persons as the City Council deems should be notified, not later than ten (10) days before the date of the public hearing . Such notice shall include the written statement of the Director prepared pursuant to Section 5-601 . SECTION 5-603. NOTICE OF HEARING; MANNER OF SERVICE. The notice required under Section 5-602 shall be served personally, or by first class mail , postage prepaid , addressed to the holder of the permit at the address shown on the application, and shall be deemed given when so deposited in the mail or served personally. SECTION 5-604. ACTION BY CITY COUNCIL. Failure of the holder of the permit to appear at the hearing , after having been no.tifed , may be deemed an admission of the act or omission charged in the notice, and in the event of such failure to appear, the City Council may revoke the permit without further -10- evidence than. that which served as the basis for the notice. After the hearing is concluded, the council shall , within 21 days, render its decision revoking such permit or dismissing _the charges, with a brief statement of its reasons therefor. ARTICLE 7 COLLECTION RATES SECTION 5-700. RATES OF COMPENSATION FOR COLLECTION. Maximum rates of compensation for the collection of solid waste within the City of Dublin shall be adopted by resolution. SECTION 3. IMMEDIATE EFFECT. Commencing April 1 , 1986, Solid Waste disposal will no longer be provided to residents of the City of Dublin by the Dublin-San Ramon Services District. It is necessary to provide for the collection and disposal of Solid Waste prior to such time. This ordinance shall take effect immediately upon its enactment because the adoption and immediate effect thereof is necessary for the preservation of the public peace , health and safety. PASSED, APPROVED AND ADOPTED by the City Council of the City of Dublin on this day of March , 1986, by the following votes: AYES: NOES: ABSENT : Mayor Attest: City Clerk -11- r _ RESOLUTION NO. - 86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN -------------------------------------- ADOPTING THE AGREEMENT BETWEEN THE CITY OF DUBLIN AND OAKLAND SCAVENGER COMPANY REGARDING WASTE COLLECTION AND DISPOSAL WHEREAS , the City of Dublin completed a Request for Proposal process to select the provider of solid waste collection and disposal ; and WHEREAS , Oakland Scavenger Company (OSC) was selected as the provider most capable of providing the services in an efficient manner ; and WHEREAS , the City has negotiated with OSC to develop a franchise agreement which will provide for services for the next ten ( 10 ) years ; and WHEREAS , the Agreement is consistent with applicable sections of State Law. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby adopt and authorize the Mayor to execute the Agreement Between the City of Dublin and Oakland Scavenger Company Regarding Waste Collection and Disposal , "Exhibit A" , attached hereto and by reference made a part hereof. BE IT FURTHER RESOLVED that the provisions of this Agreement shall commence beginning April 1 , 1986 . 1986 . PASSED, APPROVED AND ADOPTED this 10th day of March , AYES : NOES : ABSENT: Mayor ATTEST: City Clerk AGREEMENT BETWEEN THE CITY OF DUBLIN AND OAKLAND SCAVENGER COMPANY REGARDING WASTE COLLECTION AND DISPOSAL THIS AGREEMENT entered into this day of , 198_, by and between the City of Dublin, a municipal corporation of the State of California (hereinafter " the City" ) and Oakland Scavenger Company, a California corporation .( hereinafter " the Company" ) . W I T N E S S E T H WHEREAS, the provision of adequate and reliable solid waste management and disposal services is essential to the preservation of the health , safety, and well-being of residents of the City; and WHEREAS, the State of California has found and declared that the rapidly increasing volume of solid waste resulting from population growth, industrial expansion and other factors compels an organized and comprehensive approach to solid waste management (Cal . Gov. Code §§ 66701 and 66702) ; and WHEREAS, the Company now provides solid waste hauling and disposal services in the City of Dublin, subject to a vigorous rate review process ; and WHEREAS, the regulated rate structure established in connection with Oakland Scavenger Company franchise agreements in Alameda County has been designed fairly to allocate the cost of developing , maintaining and operating a comprehensive solid waste collection and disposal system for the community, each segment of the community benefitting from the existence of these services -1- and facilities , and a loss of revenue from that rate structure injures the community as a whole and impairs the City' s ability fairly to distribute those costs; and WHEREAS, as an essential part of the State ' s comprehensive program for solid waste management and for the preservation, health , safety, and well-being of the public, the State of California has declared that it is in the public interest that local public agencies make adequate provisions for solid waste handling and, pursuant to those State policies, has expressly authorized the City to make such provisions ( Cal . Gov. Code §§ 66755, 66756) ; and WHEREAS, the State of California has .expressly recognized that the City may determine all aspects of solid waste handling which are of local concern, including , but not, limited to, frequency of collection, means of collection and transportation, level of services, charges and fees, nature, location, and extent of providing solid waste handling services, and has expressly declared that the City may determine whether any such services are to be provided by means of exclusive or non-exclusive franchises, contracts , licenses , permits , or other means and that the City may grant to others authority to provide solid waste handling services under such terms and conditions as the City may prescribe ( Cal . Gov . Code §§ 66756 , 66757) ; and -2- WHEREAS, use of an exclusive franchise for the transpor- tation of solid waste generated in the City is an appropriate and useful means to provide for the public health, safety, and well-being , and the efficient and orderly collection and disposal of all such waste [Cal . Gov. Code § 66757(b ) ] . NOW, THEREFORE, in consideration of the premises set forth above and of the mutual covenants and agreements contained herein, the parties agree as follows: ARTICLE I. Definitions. For the purpose of this agreement, unless a different meaning is clearly required, the definitions contained in this Article shall govern the construction of this agreement. Section 1 . 1 . "Collection" shall mean collection and disposal or recycling of solid waste. Section 1 . 2 . "Coordinating Jurisdiction" (of the Refuse Rate Review Committee ) shall mean the City of Oakland acting through its designated representative to the Refuse Rate Review Committee. Section 1 . 3. "Delivery" of solid waste shall be deemed to occur when solid waste is deposited in a receptacle or at a location that is designated for collection pursuant to this chapter, or is otherwise discarded. -3- Section 1 .4. "Demolition Debris" shall mean used construction materials removed from a site during the razing or renovation of a structure as part of a total service offered by a duly licensed demolition contractor ( C-21 license) . Section 1 . 5. "Designated Waste" shall mean waste not permitted for disposal at the Company' s landfill under discharge requirements or other rules or orders of the Regional Water Quality Control Board. Section 1 . 6. "Establishment" shall mean any place of waste generation other than a residential dwelling . Section 1 . 7. "Hazardous Waste" shall mean any waste now or hereafter classified as hazardous pursuant to applicable federal , state or local law. All substances defined as Hazardous Wastes by the United States Environmental Protection Agency, pursuant to the Resource Conservation and Recovery Act, or defined as hazardous or extremely Hazardous Wastes by the California Department of Health Services under the California Administration Code, Title 22, Division 4, Chapter 30 ( "Minimum standards for hazardous .,and extremely Hazardous Wastes" ) shall be considered "Hazardous Waste" in this agreement. -4- a Section 1 . 8. "Joint Refuse Rate Study" shall mean that refuse rate study report, dated May 23, 1972, which was prepared by Price Waterhouse & Co. pursuant to the Agencies ' Agreement for Joint Refuse Rate Study Section 1. 9. "Joint Solid Waste Committee" or "Refuse Rate Review Committee" shall mean that Committee comprised of members designated as representatives of thirteen (13) public agencies which executed or have adopted an agreement entitled "Agreement Establishing Joint Solid Waste Committee"dated January, 1972. Section 1 . 10. "Junk Dealer" shall mean a person or business which law- fully, and in accordance with all local ordinances, collects without charge to the Waste Generator or purchases used articles for purposes of restoration and/or resale, including antique dealers, used building supply dealers , and automobile salvagers. This definition does not include a person or business which collects or accepts waste for recycling after source separation. Section 1 . 11. "Legislation" -shall mean any formal enactment of the governing body of the City which now exists or which may here- after be adopted which governs the operation of the Company within or about the political boundaries of the City. -5- Section 1 .12. "Person" means any individual , corporation, partnership, joint venture, association, joint-stock company or unincorporated organization or any governmental unit or agency or political subdivision. Section 1 . 13. "Recycling" shall mean the process of collecting , treating and reconstituting solid waste without charge to the Waste Generator for the purpose of using the altered form. The Collection , handling , transfer or disposal of wastes not Source Separated or not intended for, or capable of, recycling is not "Recycling" within the meaning of this Agreement. Putrescible solid waste is rebuttably presumed to be not capable of being recycled. "Recycling" also does not include the Processing or use of Solid Waste for conversion to energy. Section 1. 14. "Solid Waste" shall mean all putrescible and non-putrescible solid , semi-solid and liquid waste accumulating or 'placed for collection and disposal within the City, whether combustible or non-combustible. " Solid Waste" includes garbage, trash, refuse , paper, rubbish , ashes, industrial or commercial waste, discarded home and industrial appliances, animal wastes or remains other than fecal matter, vegetable wastes, and other discarded solid and semi-solid waste, but does not include sewage, abandoned -6- L automobiles and Hazardous Waste. "Solid Waste" also includes waste offered for recycling , unless otherwise specifically excepted herein. Section 1. 15. "Source Separation" shall mean the segregation into separate containers by the Waste Generator, prior to Delivery, of indivi- dual components of Solid Waste, such as glass bottles , cans, newspapers and corrugated containers, for the sole purpose of Recycling , as defined herein. Section 1 . 16. "Waste Generator" shall mean the property owner, resident, occupant or business in the City which produced the waste in the first instance . This definition excludes any person or business which collects from or accepts shipments of waste from another person for the purpose of separating , Recycling or otherwise disposing of waste. ARTICLE II. The Contract. Section 2.1 . Exclusive franchise. The City hereby gives and grants to the Company for a period of ten ( 10) ,years from the 1st day of April , 1986, the exclusive franchise , right and privilege to collect, remove , and dispose of all Solid Waste accumulating in the City. The Company agrees to collect and dispose of all Solid Waste delivered according to this agreement, as provided by local ordinance. The City shall monitor waste collection and disposal within its jurisdiction -7- and , by ordinance , ensure that Solid Waste is delivered to and collected by the Company. Solid Waste which is not required to be accumulated and offered for Collection includes: a. Materials source-separated for Recycling ; and b . 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 con- tractor, rather than as a hauling service ; C. Demolition debris as defined herein which is removed in accordance with such definition. d . Nonputrescible Solid Waste separated by the Waste Generator for collection and transportation by a Junk Dealer, but not as a hauling service ; and e . Animal waste and remains from slaughterhouses or butcher shops for use as tallow. f. 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. Special handling or preparation may be required of the Waste Generator for animal wastes, liquid wastes, construction mate- rials , industrial appliances , waste which cannot be collected by normal waste collection vehicles in standard use by the Company, and any other wastes to the extent required by law. -8- Section 2.2. Extension of Agreement. Not fewer than nine months prior to the termination date of this agreement, either party to the agreement may give notice of its intention to extend the agreement for the further period of ten (10) years upon the same terms and conditions as set forth in this agreement. Unless said notice is given and accepted within 90 days of the date of notice , the agreement shall expire upon the expiration date set forth in Section 2 of this Article. Section 2. 3. Conditional Extension of Agreement. If, for new facilities substantially different in location , size or kind from those existing at commencement of this agreement, major investments are required in order to provide the services specified for in this agreement, the Company may request and the City shall consider an extension to the term of this agreement on the basis of written, detailed physical plans and related financial projections. Section 2.4. Removal of Hazardous Waste. If the Company determines that waste placed in any container for Collection or delivered to any facility of the Company is Hazardous Waste , Designated Waste, or other waste which is not acceptable for incorporation into the Company' s landfill or for Processing at the Facility, the Company shall have the right to refuse to accept such waste . If the owner cannot be identified or fails to remove the waste, the Company shall arrange for proper disposal , the cost of which shall be an appropriate operating expense under Article III. The Company shall make a -9- good faith effort to recover the cost from the Waste Generator, and the cost of that effort shall also be an appropriate operating expense. ARTICLE III. Collection Rates and Review. Section 3.1 . Service Rates. In connection with the exclusive rights and privileges granted in Section 2.1 , the Company shall have the right to charge and collect the Collection Rates authorized by the City from tenants, occupants and owners of each dwelling unit and Establishment served. The Collection Rates shall be no less than the Company' s fully allocated costs of providing the collection and disposal services and facilities required by this agreement , plus a reasonable return on investment. Section 3.-2. Rate review. The Company shall submit an application for rate review under this Article III, once each three years , commencing September 30, 1988. The complete application shall be submitted not later than September 30 for the three-year period starting January 1 of the next calendar year. The Company shall submit any and all data reasonably requested by the City in the format prescribed by the City. The application ' s format will be generally that set forth in the Joint Refuse Rate Study, as may be more particularly delineated and prescribed by the City. Generally, the application shall : (1 ) set forth the actual revenues and expenses of the Company for the most recently -10- completed annual operating period preceding the September 30 application date based on an unqualified opinion audit of annual statements in accordance with Section 4.4 ; ( 2) contain projected operating costs for each of the three 12-month fiscal periods based on actual costs experienced, as modified by fully docu- mented changes in price levels, operations, or experience as between the actual operating period and projected periods of operation. In the event the Company shall fail to meet the aforementioned September 30 date, a revision of rates for the three-year period starting January 1 shall not be authorized until the first day of the first calendar month following a 90-day period from the date that the complete application is submitted . Section 3. 3. Special interim rate review. (a) The Company may apply to the City for consideration of a special , interim rate review based on the occurence of an event or circumstance which jeopardizes the economic operation of the Company. The City may initiate a special , interim rate review at its option. (b) A special application by the Company shall be considered by the City if: (1 ) An event or circumstance occurs which was not reasonably foreseeable , and is extraordinary and not a usual business risk of the Company, or ( 2) An event or circumstance occurs whch is beyond the control of the Company, or -11- ( 3) It is necessary for the Company to make a substantial change in its operation, or substantial capital investment in order to perform its obligations under this agreement , or (4) Changes to operations are mandated as provided for under Section 5. 4 of this agreement. (c) Any rate review, whether initiated by the City or the Company, will follow the format specified for a regular rate review. If initiated by the Company, the complete application must be submitted at least ninety ( 90) days prior to the date it may become effective. If initiated by the. .City, the Company shall submit requested data within sixty (60) days of the date that notice is provided to the Company. Section 3. 4. Publication of rates . The Company shall provide written notice to subscribers of rate changes. The notice may be provided with, or as part of, a regular billing . In the case of interim rate changes, the Company shall file the intended notice of change with the City Clerk or other official of the City not fewer than 7 days prior to the effective date of the rate change. Section 3 . 5. Issuance of receipts. The Company shall either prepare and issue formal billings for services rendered or issue receipts for services rendered on a cash basis. The Company shall maintain copies of said billings and receipts, each in chronological order, for a period of 3 years after the date of service for inspection and verification -12- by the City. The Company may, at its option, maintain those records in computer form, on microfiche, or in any other manner, provided that the records can be preserved and retrieved for inspection and verification. Section 3. 6. Franchise fee. In consideration of the exclusive franchise provided for in Section 1 of Article II of this agreement, the Company shall pay to the City 4.8 percent ( 4 . a ) of the gross revenue derived by the Company from Collection services provided in the City under this agreement. The franchise payment amount shall be computed and paid based on Service Rate billings issued each calendar month , plus receipts for services transacted on a cash basis. Gate collections at any landfill or transfer station and revenue from rental of compactors, balers and similar special handling equipment shall not be included in the computation base. The Company shall prepare and mail its remittance each month not later than 20 calendar days after the end of each month. The remittance will be accompanied by a report setting forth the basis and calculations used for computing the amount paid. The figures used shall coincide with revenues recorded on the general books of account of the Company. Section 3. 7. Exclusions for bad debts. The full gross revenues for Collection services shall be subject to the franchise payment except as specifically exempted in Section 3. 7 and as follows: Bad debt write-offs, less bad debt recoveries. -13- ARTICLE IV. Records , Reports and Audit. Section 4. 1 . Right to prescribe records. The Company shall maintain such accounting and statistical records as may be necessary to develop the financial statements and reports prescribed by the City of Dublin in accordance with the principles of the Joint Refuse Rate Study and/or modifying or additional requirements specified by the Refuse Rate Review Committee under its authority hereinafter delineated. Section 4. 2. Right to require annual reports. The Company shall submit to the City annual franchised operations financial statements consisting of a balance sheet , related consolidated statement of operations, reports of opera- tions prescribed by the Joint Refuse Rate Study, and such additional financial or statistical data as may be prescribed by the City and reasonably related to these franchised operations. All such statements and reports shall be submitted not later than four ( 4) months following the end of the Company' s annual accounting period. Section 4. 3. Right to inspect records. The City shall have a right to inspect or review the income tax returns, payroll tax reports, specific documents or records required pursuant to this agreement, or any other such records or reports of the Company as may be reasonably necessary to evaluate the annual reports and rate review applications provided for in this agreement. -14- Section 4.4. Right to have consultant review of annual audit. Annual financial statements and reports prepared for the Company and audited and certified by an independent certified public accounting firm mutually approved by the City and the Company shall be made available for review to the independent consultant appointed by the Refuse Rate Review Committee , or by the City if the City is not a member of the Refuse Rate Review Committee. The Company will bear the expense of said audit, but audit fees will be allowed as an operating expense for rate setting purposes . If the Company and City fail mutually to agree on the selection of a certified public accounting firm within five ( 5) months prior to the end of the annual accounting period to be audited, the City shall submit the names of five certified public accounting firms from which the Company shall select one. The Company shall notify the City of its choice not later than fifteen (15) days from date of receipt of that list. ARTICLE V. Standards Section 5.1 . Performance. The Company shall perform its services in the City in accordance with the terms of this agreement. and with continuing liaison with the representative designated by the City. -15- r Section 5. 2. Inspection of operations. The designated representative of the City shall have the right to observe and review Company operations and enter Company premises for the purposes of such observation and review at all reasonable hours with reasonable notice. Section 5. 3. Compliance with law and regulations . Company shall comply with all requirements of all applicable local , state, and federal authorities now in force or which hereafter may be enacted,and with any applicable Legislation of the City existing at the time of this agreement. Section 5.4. Mandated changes. The City may require changes in Collection or disposal methods and the Company shall comply, provided that if such changes result in increased costs to the Company, the Company shall have a right to apply for a rate review and adjustment pursuant to Section 3. 3. Also, the Company will have the right to apply for rate review and adjustment for changes in disposal methods or site operations mandated by any political body which may now or in the future have legal jurisdiction. Section 5. 5. Container size and weight limit. The standard size container for residential and commercial services shall not exceed 32 gallons and the combined weight of the container and contents shall not exceed 75 pounds. The provisions of this section shall not prohibit the Company from providing front loader, drop box or other mechanized container -16- service . The Company may also provide automated or semi- automated residential curb service using wheeled containers where authorized by the City. Section 5 . 6. Transfer of loads on public streets. The Company is prohibited from transferring loads from one vehicle to another on any public thoroughfare unless it is necessary to do so because of mechanical failure or accidental damage to a vehicle, or when required by law or public authority. Section 5. 7. Identification and lettering of vehicles. The Company shall letter each vehicle and each Company-owned Collection container used in Collection activities to include a vehicle identification number, the name of the Company, and the local business telephone number of the Company. The lettering size shall be not less than 2-1/2" high except on the Collection containers. Section 5. 8. Packer equipment. The Company shall use, in the Collection of Solid Waste, modern garbage Collection motor vehicles having water-tight bodies designed to prevent spillage or overflow therefrom. The Company shall maintain the outside of the bodies in a clean and sound mechanical condition and shall clean and wash the inside of the bodies frequently enough to keep them reasonably odor free. The Company shall also operate the vehicles in a manner so as to ensure that the contents thereof do not spill or overflow onto city streets or highways . -17- Section 5. 9 . Service interval . The Company shall provide residential and commercial pickup service not less than once per week. Commercial establishments may request service up to five days per week. ARTICLE VI. Joint Solid Waste Committee Section •6.1 . Delegation of rights and authority. The Company shall support an application by the City to become a member of the Refuse Rate Review Committee. The City, subject to acceptance as such member, designates the Committee to exercise certain rights and authority on behalf of the City, and the Refuse Rate Review Committee or Coordinating Jurisdiction may be appropriately substituted where the City is designated with respect to certain provisions of this agreement hereafter delineated. Section 6 . 2. Authority of Joint Solid Waste Committee. The Refuse Rate Review Committee shall function as an advisory body to the City for purposes of evaluating Company operations and for rate setting purposes . The Committee, in the person of the officials of the Coordinating Jurisdiction or designated representatives of the Committee, shall exercise all those rights given to the City under this agreement with respect to the following sections of this agreement: Art . III , Sec. 3. 2 - Rate review Art. III , Sec. 3. 3 - Special interim rate review Art. IV, Sec. 4.1 - Right to prescribe records -18- i Y Art. IV, Sec. 4. 2 - Right to require annual reports Art. IV, Sec 4.3 - Right to inspect records Art. IV, Sec . 4. 4 - Right to require annual audit Also, the Committee may exercise any rights of the City under any other section of this agreement which the City chooses to delegate to the Committee. ARTICLE VII. Miscellaneous Provisions. Section 7. 1 . Enforcement. Each party agrees to do any act, including taking any administrative or legal action, as is reasonable and necessary for the continued enjoyment by all parties of the benefits of this agreement during its full term, or any extension thereof , regardless of any change in available methods or processes for the Collection, handling , disposal or resource recovery of Solid Waste or the manner in which these acts are performed. The City agrees to take such actions as necessary to ensure the continued exclusivity of the franchise. Each party agrees to execute and deliver any instruments and to perform any acts that may be necessary or reasonably requested in order to give full effect to this agreement provided such instruments or acts are not inconsistent with , or create obligations in addition to those obligations created by the terms of this agreement. -19- w Section 7. 2. No added taxes. No special licenses, taxes or other burdens shall be levied against the Company in addition to the franchise fee . This provision shall not operate in any way to prohibit the City and the Company from adjusting the franchise fee rate set herein, or to prohibit the City from adopting Legislation implementing new types of taxes or licenses or adjusting .existing rates or schedules which are generally applicable to all businesses. Any such new types of general taxes or licenses or adjustments to existing rates or schedules shall be allowed as operating expenses for rate setting purposes , and if such changes result in increased costs to the Company, the Company shall have the right to apply for a rate review pursuant to Section 3. 3 of this agreement. Section 7 . 3. Surety Bond. The Company hereby agrees to furnish simultaneously with the execution of this agreement a surety company bond in the sum of Fifty thousand dollars ( $50, 000) , in a form to be approved by the City. Said surety company bond is to be payable to the City and conditioned and guaranteed for the faithful performance by the Company, its employees and agents. Section 7.4. Hold harmless. The Company is an independent contractor for all purposes contemplated by this agreement and the Company shall at all times protect , defend , indemnify and save harmless the City, its, officers , agents and employees, past, present and future , from -20- w and against all liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses ( including , without limitation, reasonable counsel fees and expenses) imposed upon or incurred by or asserted against the City of such officers , agents or employees on account of (a) any failure of the Company to comply with any of the terms of this Agreement or (b) any loss or damage to property or any injury to or death of any person that may be occasioned by the Company' s operations under the franchise granted herein. Section 7. 5. Liability Insurance . The Company shall carry automobile , public liability and property damage insurance covering the operation of all vehicles of the Company, and blanket, all risks, liability insurance including excess limits on the automobile coverage. The basic auto policy shall have minimum limits of $100, 000 for injury to one person, $300,000 for injury to more than one person, and $25 , 000 property damage . The blanket policy shall have a minimum limit of $3, 000,000. The policies shall name the City of Dublin , its officials, agents , and employees as additional insured parties and a copy of insuring agreements shall be furnished to the City of Dublin for approval by the City Attorney. Section 7. 6. Services to jurisdiction. The Company shall provide to the City, without fee , those services described in Schedule 1 to this Agreement and such services as shall henceforth be established or altered by -21- agreement of the parties. The cost of providing those services shall be allowed as an operating expense for rate-setting purposes . Section 7 . 7 . Notices. Any notice which either party is required to give or which either party may choose to give to the other party shall be in writing . Such notice shall be served either by personal delivery to a managing officer of the other party, by personal delivery to the principal office of the other party as set forth below, or by deposit in the United States mail as registered or certified mail enclosed in a sealed envelope with postage fully prepaid addressed to other party at its address as follows : City: Richard Ambrose , City Manager City of Dublin 6500 Dublin Boulevard P. 0. Box 2340 Dublin , CA 94568 Company: Peter Borghero , President Oakland Scavenger Company 2601 Peralta Street Oakland, California 94607 Such address may be changed from time to time by either party by giving notice as herein provided . Section 7 . 8. Rates. The rates shall be established by Resolution of the City Council pursuant to this agreement and the Ordinance Regulating Solid Waste Management . -22- .M Section 7. 9. Ownership of refuse. It is expressly understood that all Solid Waste that is collected or received for disposal by the Company shall be the property of the Company. Section 7 .10. Distribution of proceeds of city enforcement efforts. If the City, or any legal representative of the City, recovers, by an actual or potential civil action, through settlement, judgment or otherwise, any proceeds intended to replace any loss. of revenues to the City' s Solid Waste management and disposal system, the City shall pay such proceeds, less the reasonable costs of collection, to the Company within 15 days of their receipt. Such proceeds shall then be treated as revenues under Article III. ARTICLE VIII. Construction of Agreement. Section 8 .1 . Amendments. This agreement constitutes the entire understanding between the Company and the City with regard to the subject matter contained herein. No amendment to this agreement shall become effective unless it is set forth in writing and duly authorized and executed by the Company and by the City. Section 8. 2. State Law. This agreement shall be governed by and construed in accordance with the laws of the State of California . -23- Section 8. 3. Waiver. Neither the Company nor the City shall be deemed to have waived any terms, condition, or pledge of this agreement unless such waiver is in writing and signed by the waiving party. A failure by the Company or the City to insist upon strict performance of any term, condition , or pledge in this agreement shall not be construed as a waiver or relinquishment of such term, condition , or pledge , unless such waiver is in writing and signed by the waiving party. Any such written waiver shall be confined to the terms specifically contained therein. Section 8 . 4. Execution in counterpart. This Agreement may be executed in counterparts , either of which shall be regarded for all purposes as a duplicate original . Section 8. 5. Severability. In the event that any provision of this agreement shall , for any reason, be determined to be invalid , illegal and unenforce- able in any respect, the parties hereto shall negotiate in good faith and attempt to agree to such amendments, modifications or supplements to this agreement that , to the maximum extent practicable in light of such determination, shall implement and give effect to the intentions of the parties as reflected herein, and the other provisions of this agreement shall , as so amended , modified or supplemented , or otherwise affected by such action, remain in full force and effect. -24- ARTICLE IX. Termination. Section 9.1 . Assignment of agreement rights. The Company may assign and transfer all or any part of its rights and obligations under this agreement, subject to written consent by the City, which consent shall not be withheld unreasonably. No consent shall be required for any assignment to a person directly or indirectly controlling , controlled by. or under common control with the Company, provided that the assignee is financially capable of carrying out all obligations of the Company under this Agreement. Section 9 . 2 Effect of breach. a . If the Company fails or neglects to comply with any of the terms or provisions of this agreement or any laws, ordinances or regulations above referred to for a period of thirty ( 30) days after having been notified in writing to do so on the order of the governing body of the City, then after a hearing upon ten ( 10) days written notice to the Company, the City shall be entitled to terminate this agreement, which remedy shall not be deemed an election and shall be in addition to any and all rights and remedies against the Company which the City may have by law under this agreement. b . Each party specifically recognizes that damages is an inadequate remedy for default of this agreement and agrees that the other is entitled to bring suit for injunctive relief, mandamus, or specific performance or to exercise other legal or equitable remedies to enforce the obligations and covenants of -25- this agreement. For purposes of this section, all cities participating on the Refuse Rate Review Committee and having exclusive franchise agreements with the Company for solid waste collection and disposal shall be deemed third-party beneficiaries of all such agreements. Section 9. 3. Attorneys Fees. In the event that either party brings any legal action against the other for enforcement of this agreement, the prevailing party shall be entitled to recover its reasonable attorneys fees and expenses of litigation. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed on the day and year first above written. City of Dublin Oakland Scavenger Company Mayor President ATTEST: City Clerk APPROVED AS TO FORM: City Attorney -26- f L SCHEDULE 1 Services to be provided to the City of Dublin at no charge pursuant to Section 7 . 6 . Services to jurisdiction. The City shall reserve the right to request the elimination of free services at any of the locations through a written request by the Director. The following are all locations where governmental activities are taking place: Quantity Type of Service-Weekly Location 1 3 yard bin 7494 Donahue (Fire Station No. 1 ) 1 6 yard bin Dublin Sports Grounds 1 3 yard bin 7051 Dublin Blvd (DSRSD Offices ) 1 2 yard bin if It 11 It if 1 2 yard bin 8151 Village Parkway (Valley Swim Ctr) 2 4 yard bins 11600 Shannon Avenue (Shannon Park & Community Center) 1 4 yard bin (on wheels ) Scarlett Court Terminus (City Corporation Yard) _ .,•... i .: _ ::...Y.::.".._.J.._ .i.i [:dT.. •::...,.-.,u. .: .... -.r. ..:.. w..,. .y .s—.a ,.. ..... r. w .... ....ns..ac...... .... ...r, ... ...u..r.r .._ :. .. F .L RESOLUTION NO . - 86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN -------------------------------------- ESTABLISHING A SCHEDULE OF SERVICE RATES FOR SOLID WASTE COLLECTION AND DESIGNATING THE POINT OF COLLECTION FOR SINGLE FAMILY COLLECTION WHEREAS, the City of Dublin shall assume the role of franchisor for solid waste collection effective April 1 , 1986 ; and WHEREAS, the City has negotiated with Oakland Scavenger company to determine an equitable rate structure with appropriate service levels; and WHEREAS, the proposed rates correspond to the findings of the Refuse Rate Review Committee ; and WHEREAS , the Solid Waste Management Ordinance and Agreement Regarding Waste Collection and Disposal require the City Council to designate a .rate schedule and point of collection for single family .residences . NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby resolve as follows : 1 . The attached Rate Schedule attached hereto, marked "Exhibit A" and made a part hereof by reference , shall be the official rate schedule until further rescinded or amended. 2 . Said rates in Exhibit A shall be imposed beginning April 1 , 1986 . 3 . . Said rates are in accordance with the City of Dublin Solid Waste Management Ordinance and the Agreement Between the City of Dublin and Oakland Scavenger Company Regarding Waste Collection and Disposal . PASSED, APPROVED AND ADOPTED this 10th day of March, 1986 . AYES : NOES : ABSENT : Mayor ATTEST: City Clerk EXHIBIT A I. RATES The monthly rates for collection of refuse within the City of Dublin as of April 1, 1986, are set forth as follows: Residential a. Once a week collection of one container of 32 gallon capacity $ 4.90 b. Once per week collection of two containers of 32 gallon capacity each $ 8.30 C. Once per week collection of each additional can beyond "b" above $ 3.40 d. Large accumulations Der cubic yard $ 4.15 e. Special pick-ups, minimum $ 8.00 Commercial a. Per cubic yard (not compacted) $ 4.15 b. Compacted material per cubic yard $ .8.30 II. DESIGNATION OF POINT OF COLLECTION For Single Family residential service, the above rates shall be for back yard service. The term "back yard service" shall mean the container(s) shall be on the outside of and in close proximity to the structure being served, and at a location which is the customers option. Padlocks or other devices which deny the Collector reasonable access will relieve said Collector from responsibility of such collection. III. ADDITIONAL SERVICES PROVIDED IN RATES The above rates shall include two (2) annual residential cleanups. Dates of said cleanups shall be at the discretion of the City upon reasonable notice to the Company. The .rules regulating the special cleanup shall be approved by the Contractor and the Director. RATE COMPARISON Proposed Residential 7.6% with 4.8% with Current Commercial Commercial DSRSD Reduction Reduction a. Once a week collection of one container of 32 gallon capacity $ 5.05 $ 5.05 $ 4.90 b. Once per week collection of two containers of 32 gallon capacity each $ 8.55 $ 8.55 $ 8.30 C. Once per week collection of each additional can beyond "b" above $ 3.50 $ 3.50 $ 3.40 d. Large accumulations per cubic yard $ 4.75 $ 4.25 $ 4.15 e. Special pick-ups, minimum $ 8.25 $ 8.25 $ 8.00 Commercial a. Per cubic yard (not compacted) $ 4.75 $ 4.25 $ 4.15 b. Compacted material per cubic yard $ 9.50 $ 8.50 $ 8.30 NOTE: Percentage refers to Franchise Fee levied. The current DSRSD Franchise Fee is 7.6%.