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HomeMy WebLinkAboutOrdinance #2449 C ORDINANCE NO. 2449 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH GRANTING TO RAINBOW DISPOSAL CORPORATION A FRANCHISE TO COLLECT REFUSE The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. The terms and conditions of the franchise awarded by this ordinance are contained in Exhibit l which is incorporated by reference herein as though set forth in this Section 1. SECTION 2 . The City Clerk shall certify to the passage of this ordinance and cause same to be published within fifteen days of its adoption in the Huntington Beach Independent , a news- paper of general circulation. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 18th day of August , 1980 . Mayor ATTEST: APPROVED AS TO FORM: y er - City' Attorney 7,z AND APPROVED: TIAT-ED AND.,_..A,PPROVED: ity Administrator Director of Public Works GH:bc 8/4/80 AGREEMENT THIS AGREEMENT is made and entered into this 28th day of July, 1980, by and between the CITY OF HUNTINGTON BEACH, a municipal_corporation, hereinafter referred to. as "CITY" and the RAINBOW DISPOSAL COMPANY, INC., a California corporation, hereinafter referred tows "CONTRACTOR". WHEREAS, CITY and CONTRACTOR have previously entered into on agreement, dated March 4, 1%8, as amended July 13, 1975, and September 5, 1978, wherein CONTRACTOR was awarded the right to provide refuse collection and disposal services for CITY; and WHEREAS, CITY and CONTRACTOR are desirous of continuing sore; NOW, THEREFORE, it is agreed as follows: 1. Definitions G. AGREEMENT shall mean this Agreement, entered into between CITY and CONTRACTOR. b. CITY COUNCIL shall mean the City Council of the City of Huntington Beach. C. DIRECTOR shall mean the Director of Public Works of City or his designated representative. d. REFUSE means garba9e and solid waste. e. UNIT OF SERVICE shall mean each single-family residence and each dwelling unit within a duplex, a triplex or a fourpiex receiving non-commercial refuse collection service. f. BASIC LEVEL OF SERVICE shall mean the amount of refuse generated by an average family within a UNIT OF SERVICE. Me 8/6I80 g. BIN SERVICE shall mean collection service pursuant to an agreement between CONTRACTOR and his CUSTOMER by which bin containers (dumpsters) are rented to CUSTOMER. h. CUSTOMER shall mean a user of CONTRACTOR's bin service. 2. Legal Compliance 0. AGREEMENT shall be governed by the lows and regulations of the State of California, the County of Orange, and CITY both as to Iinterpretation and performance. Specific reference is mode to Chapters 8.20 et al of the Huntington Beach Municipal Code as it now exists or may be amended. b. If any provision of AGREEMENT shall be declared illegal, void or unenforceable, the other provisions shall not be affected but shall remain in full force and effect. 3. Term a. The term of AGREEMENT shall be for a period beginning on execution of the contract and ending on June 30, I M. The parties hereto may extend AGREEMENT for up to ten (10) years by mutual consent in writing at least one hundred twenty (I20) days prior to the expiration of the current term. b. CITY reserves the right to cancel AGREEMENT upon thirty (30) days written notice to CONTRACTOR in the event that CONTRACTOR shall be in default in any terms, covenants and conditions set forth in AGREEMENT, or in the event that CONTRACTOR shall foil to comply and abide by all of the requirements and provisions of Chapter 8.20 of the Huntington Bench Municipal Code, as the some now exists, or may hereof ter be amended. 2. C. Any termination of AGREEMENT for cause, or because of expiration of the term, or otherwise, shall constitute a discontinuation of the right of CONTRACTOR to provide services within CITY pursuant to Health and Safety Code section 4272. 4. Exclusiveness of Contract G. CONTRACTOR shall have the exclusive duty,right and privilege to collect, remove and retain all refuse; residential, commercial, or industrial, originating within CITY limits as they may now or hereinafter exist, except that this shall not prohibit the actual producers of refuse, or the owners of premises upon which refuse has accumulated from personally collecting, conveying and disposing of such refuse, provided such producers or owners comply with any governing low or ordinances. b. AGREEMENT shall not prohibit collectors of refuse originating P outside the city from hauling such refuse over city streets, provided such collectors comply with any governing laws or ordinances. C. CONTRACTOR agrees that his obligations extend to all premises in CITY except areas used for commercial growth or processing of vegetables, fruits or other similar products. 5. S rvision of Agreement Performance of each of the provisions of AGREEMENT shall be under the supervision of DIRECTOR. CONTRACTOR shall furnish DIRECTOR every reasonable opportunity of ascertaining whether or not the work is performed in accordance with the requirements of AGREEMENT. CONTRACTOR shall designate a person to serve as agent and liaison between his organization and CITY and shall maintain a toil free telephone. DIRECTOR may inspect CONTRACTOR'S operations and equipment of any reasonable time and CONTRACTOR shall admit him to make such inspections at any reasonable time od place. 6. Service Standards a. General I. During the term hereof CONTRACTOR shall provide I the BASIL LEVEL OF SERVICE to each MIT OF SERVICE within CITY. This shall include the normal amount of plant clippings and trimmings generated by o UNIT OF SERVICE. 2. CONTRACTOR shall be responsible for picking up plant prunings and trimmings that are bundled In lengths not in excess of four (4) feet and that weigh no more than forty(40)pounds. 3. CONTRACTOR agrees that upon removing refuse from receptacles, said receptacles will be replaced, including the lids alongside thereof; and that no refuse will be allowed to spill while handling same, and proper care will be used in the handling of said receptacles. 4. CONTRACTOR shall at all times during the term of AGREEMENT keep and maintain, in good aerating order, and in good appearance, sufficient trucks and other equipment to properly and adequately,service the area covered by AGREEMENT. S. CONTRACTOR shall maintain a local phone to which all complaints for service may be directed. The phone shall be manned daily from 8:00 a.m. until 5s00 p.m. Monday through Friday and from 8:00 a.m. until noon Saturday. 4. Upon request, on a quarterly basis, CONTRACTOR shall provide DIRECTOR a written summary report of all complaints received and the action taken in response to said complaints. For this purpose, CONTRACTOR shall provide photocopies of applicable pages of CONTRACTOR's Complaint Book. b. Collections 1. CONTRACTOR shall make at least one (1) weekly collection at all places of residence and commercial and industrial establishments qualifying for the minimum can collection service on a schedule approved by CITY. Extended commercial and industrial service accounts shall be collected at a frequency for which 'they shall contract provided it is adequate to maintain the premises so served in a healthful and unlittered condition. At the sole option of CITY, CONTRACTOR may be required to make more than one (1) collection per week, subject to a rate adjustment with CONTRACTOR, the actual amount of which shall be determined by an independent cost analysis. Said adjustment shall be set forth in writing as an odmendment to AGREEMENT. 2. CONTRACTOR will collect all refuse generated by City-owned and operated facilities without charge to CITY excepting those services presently being charged to CITY at beochfront and City Yard locations and with future locations to be negotiated. 3. Upon request of homeowner, CONTRACTOR shall make one special collection of large household items per year, at no additional cost to homeowners. Commencing August 1, 1981, CONTRACTOR may request CITY to approve the establishment of special user charges for any special collections, based upon proof of costs incurred by CONTRACTOR. 4. The hours of collection shall be 6:30 a.m. to 6:30 p.m. except on advance specific waiver of DIRECTOR. 5. Should CONTRACTOR fail to collect and dispose of refuse set out or placed for collection as herein provided, at the time required, after notification by CITY and within a reasonable time (which shall not be more than twenty-four (24) hours), CITY may collect and dispose of the sane and CONTRACTOR shall be liable for the expense incurred. In addition to any other lawful means of effecting reimbursement from CONTRACTOR, such expense may be deducted by CITY from money due or which may become due CONTRACTOR. 6. Collection of garbage and refuse shall not be required on Sundays or on the following legal holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas; excepting in cases of emergency and upon the express direction of DIRECTOR. Whenever a regular collection falls on such a holiday, then collection shall be made on the day following. Any additional holidays requested by CONTRACTOR shall be submitted in writing to CITY for its approval. 7. Containers used in commercial, industrial and multiple dwelling areas shall be of a design and size to contain, at all times, the contents therein in such manner as to promote best -possible housekeeping conditions. 6. Maintenance of containers supplied by CONTRACTOR shall, at all times, be maintained by him in well-kept appearance. Users shall be responsible for the cleanliness, sanitation and deodorizing of rental containers. 8. CONTRACTOR shall not, nor shall he permit any agent, employee or subcontractor employed by him, to request, solicit, demand, or accept, either directly or indirectly, any compensation or gratuity for the collection of garbage or rubbish as herein defined, except such compensation as may be herein provided to be paid by CITY. It is further provided, however, that CONTRACTOR may make available special storage and loading containers, provide additional collections not required by these specifications, pick up refuse at points other than as required in these specifications or provide for the collection of greater volumes of refuse per collection than required in these specifications, any or all of these additional services at the request of the person or business being served. CONTRACTOR may make a direct charge in each instance for such additional service under a written agreement which shall be subject to the approval of DIRECTOR and at such rates as are reasonable, just and uniform for all persons or businesses being served. All such direct charges shall be collected by CONTRACTOR. 7. Labor Relations a. CONTRACTOR shall, at all times during the term of AGREEMENT, abide by all rules, regulations and statutes of the State of California respecting the employment of labor under this contract, and shall keep in full force and effect adequate Workmen's Compensation on its employees. CONTRACTOR shall provide CITY a Certificate of Workmen's Compensation Insurance. 7• b. In the event that there occurs any period in which CONTRACTOR fails to maintain required collection services.pursuant to this contract by reason of a strike by CONTRACTOR's employees or similar labor dispute, the provisions of Section 8 of AGREEMENT shall apply. 8. Default Upon a default by CONTRACTOR, CITY shall have the exclusive right of first refusal to rent and operate any or all trucks, trailers, tractors, bulldozers and other equipment used by CONTRACTOR in the performance of the work specified in AGREEMENT. Such rental shall be upon a reasonable basis until other arrangements can be made by CITY. In determining the rental amount to be paid CONTRACTOR, the parties shall take into consideration the cost, age and condition of the equipment thus utilized so as to afford CONTRACTOR fair and just compensation for such use. All money due CONTRACTOR for such rental may at the option of CITY be applied to the reduction of any lien or encumbrance on the rented chattels. 9. Unit of Service Count a. Commencing June I of each year of AGREEMENT, an annual count of the UNITs OF SERVICE shall be performed by a member of CITY staff and a representative of CONTRACTOR. Said count shall include all single family, duplex, triplex, and fourplex residential units that are provided non-commercial trash service. Groups of more than four (4) " residential units are deemed to be non-residential and will be charged in accordance with BIN SERVICE provisions below. The annual residential count shall be the basis for determining the number of dwelling units for which CITY shall compensate CONTRACTOR. 8. it monthly basis. to b. CONTRACTOR agrees to submit, on a m y 9 � DIRECTOR, a list of all residential units which have either: (1) contracted for BIN SERVICE, or (2) discontinued BIN SERVICE with CONTRACTOR. Such listing shall be kept confidential by CITY. C. DIRECTOR shall have added to CITY's master file, under the heading "Trash", a Code "I" for all single family, duplex, triplex and fourplex units that are provided non-commercial trash service by CONTRACTOR and a Code "0" for those units that are provided BIN SERVICE by CONTRACTOR. d. DIRECTOR shall multiply the established rate per UNIT OF SERVICE by the total monthly count of all single family, duplex, triplex and fourplex units that are provided non-commercial trash service to arrive at the monthly payment to CONTRACTOR. It is recognized that the total number of UNITS OF SERVICE will vary from month to month. Therefore, the number of UNITS OF SERVICE in any month shall be } determined as above. e. DIRECTOR is responsible for authorizing the Finance Department to make monthly payments to the CONTRACTOR based upon total monthly count of all single family, duplex, triplex and fourplex residential units that are provided non-commercial trash service. 10. Compensation a. Residential I. CITY shall pay to CONTRACTOR for services rendered under` the terms of AGREEMENT, the sum of $3.05 per month for each UNIT OF SERVICE rendered in CITY. 9. 2. Changes in compensation for each subsequent year may be requested no later than May Ist by CONTRACTOR. A change in compensation will be negotiated based on the following: (a) The percentage of increase in the Consumers Price Index or any relevant successor for the Huntington Beach area from April to April of the preceding 12 months. (b) A financial statement of his cost of doing business which shall be submitted with the request for change in compensation. Said financial statement shall include costs associated with: Labor (including payroll, employer payroll taxes, F.I.C.A., Union fees, Health and Welfare benefit payments), fuel costs, insurance (liability ' and worker's compensation) and replacement costs of equipment. (c) Other unforeseen relevant financial impacts on CONTRACTOR or CITY. Not more than one negotiated rate change can be made in any 12 month period. 3. In the event CONTRACTOR becomes obligated in the performance of AGREEMENT to pay any fees or charges not presently required, to the County of Orange or any other governmental agency, including but not limited to: "tipping fee," transfer station user fees; or if CONTRACTOR is required to travel additional distances to an approved dump site due to the closing of the present facilities, then the parties agree to negotiate in good faith, for an adjustment in the existing monthly unit rate prior to the implementation of such charges._ 10. b. Bin Service I. CONTRACTOR shall establish and publish a schedule of rates for all BIN SERVICE accounts bQsPd on frequency of collection for week and size of container. Said schedule shall be shown as Exhibit A of AGREEMENT. CONTRACTOR shall maintain the right to negotiate with CUSTOMER the commerical bin rates for compacted trash hauling services. 2. CONTRACTOR shall be exclusively responsible for making contracts for BIN SERVICE to all CUSTOMERs within the CITY. All charges will be billed to and collected from each CUSTOMER by CONTRACTOR. I. Performance Bond CONTRACTOR shall, at all times, during the life of AGREEMENT keep on file with CITY a bond in the sum of Fifty Thousand and 00/100 Dollars ($50,000) to the effect that CONTRACTOR will faithfully perform its contract and comply with all of the ordinances of CITY relating to the care, control, collection and disposal of garbage, refuse, and trash. 12. Insurance a. CONTRACTOR shall keep in full force and effect during the life of AGREEMENT a policy of public liability and property damage insurance, in the amount of One Million Dollars ($1,000,000) combined coverage in which policy CITY shall be named as an additional insured and CONTRACTOR shall furnish CITY written evidence of said policy. Said policy shall contain a provision that it may not be canceled without thirty (30) days written prior notice to CITY. I. b. CITY shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage happening or occurring in the doing of the work; and CONTRACTOR shall defend, indemnify and hold harmless CITY and its officers and employees of any and all liability arising therefrom. 13. Transfer CONTRACTOR shall not sell, assign or transfer AGREEMENT or any interest therein or permit the same to be transferred by operation of law without first obtaining the consent of CITY. Any such unauthorized transfer shall allow CITY, at its option, to terminate AGREEMENT. Until the adoption of any ordinance to the contrary by CITY, CONTRACTOR may sell or otherwise dispose of refuse materials after the same have been collected. 14. Financial Records At request of a majority of CITY COUNCIL, CONTRACTOR shall make his financial records available for examination by CITY. Such records shall be confidential. 15. Property Improvements CONTRACTOR agrees to improve his property at 17121 Nichols Street, Huntington Beach in the following manner: a. Within 90 days of the effective date of AGREEMENT, install screening material on the existing chain link fence fronting Nichols Street so that equipment in CONTRACTOR's yard will be less visible from Nichols Street; 12. b. Within 12 months of the effective date of AGREEMENT, either purchase additional land adjacent to 17121 Nichols Street and begin .an expansion program which shall include a block wall with landscaping in ' front to be approved by DIRECTOR along the Nichols Street frontage, or install a block wall set back three (3) feet from the property line with landscaping in front to be approved by DIRECTOR along the Nichols Street f rontage. 16. Arbitration In the event of any disagreement between the Parties as to the rights and duties of the Parties under this contract or the ordinances of CITY, the Parties agree to arbitrate and if they cannot agree, the two arbitrators shall select a third person whose decision shall be final. 13. IN WITNESS WHEREOF, the parties hereto have executed this Agreement o- the ' LL9�D CITY OF HUNTINGTON BEACH a municipal corporation b ATTEST: ~ ; a ALICIA M. WENTWORTH, CITY CLERK Mayor APPROVED AS TO FORM: BY: id 4-1e7� Deputy City Clerk ity Attorney APPROVED AS TO CONTENT: INITIATED AND APPROVED: 14 \ -- ity Administrator Director of Public Works RAINBOW DISPOSAL COMPANY, INC. By: :::C ,Y1_r t C:z.. �. By: Titl r/iG� .Q s��on•T 14. Ord. No. 2449 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of the said City, do hereby certify that the whole number of member$ of the City Council of the City of Huntington Beach is seven that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 4th day of August 19 80 , and was again read to said City Council at a regular meeting thereof held on the 18th day of August 19 80 and was 'passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Pattinson, Thomas, MacAllister, Mandic, Kelly NOES: Councilmen: Finley, Railer ABSENT: Councilmen: None. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California 1. Alicia M. Wentworth CITY CLERK of the City of Huntington %ach and ex-officio Clerk of the City Council. do hereby certify that a synopsis of this ordinance has been pub lL%ed in the Huntington Seach Ind pendent on :. 19 �'Q M acQcordance ith the City charter of said City. — City Clerk o"aty City Clerk