HomeMy WebLinkAboutOrdinance #3036 _ Goa.S�S
ORDINANCE NO. 3036
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
GRANTING TO RAINBOW DISPOSAURAINBOW TRANSFER AND
RECYCLING COMPANIES A FRANCHISE TO COLLECT REFUSE
The City Council of the City of Huntington Beach does ordain
as follows :
SECTION 1. The Rainbow Disposal and Rainbow Transfer and
Recycling Companies are hereby awarded a franchise to collect
refuse within the City of Huntington Beach. The terms and
conditions of the franchise awarded by this ordinance are
contained in the Franchise Agreement attached hereto as
Exhibit 1 and incorporated by reference herein as though fully
set forth in this Section 1 .
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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 Orange Coast Daily Pilot , a
newspaper of general circulation.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 20th
day of February 1990 .
1. . . •
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk � City Attorney
REVIEWED AND APPR INITIATED AND—w 44A� ��� PPROVED
City Administrator Direct of Public Works
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REFUSE COLLECTION AND DISPOSAL SERVICES FRANCHISE AGREEMENT
BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND
THE _RAINBQW DISPOSAL AND RAINBOW TRANSFER
AND RECYCLING COMPANIES
THIS FRANCHISE AGREEMENT is made and entered into this 25
day of _Y E:ft zi c �:4--�- 1990, by and between the CITY OF HUNTINGTON
BEACH, a California municipal corporation, hereinafter referred to as
"CITY, " and the RAINBOW DISPOSAL COMPANY, INC. , joined by RAINBOW
TRANSFER AND RECYCLING, INC. , both California corporations,
hereinafter referred to collectively as "CONTRACTOR. "
WHEREAS, CITY and CONTRACTOR have previously entered into a
franchise agreement, dated July 28, 1980 , wherein CONTRACTOR was
awarded the right to provide refuse collection and disposal services
for CITY; and
CITY and CONTRACTOR are desirous of adopting a new franchise
agreement;
NOW, THEREFORE, the parties hereto do hereby agree as follows :
1 . DEFINITIONS
A. "AGREEMENT" shall mean this franchise agreement,
entered into between CITY and CONTRACTOR .
B. "CITY COUNCIL" shall mean the City Council of the
City of Huntington Beach, California .
C . "DIRECTOR" shall mean the Director of Public Works
of CITY or his designated representatives .
D . "REFUSE" means garbage and solid waste.
E . "RESIDENTIAL UNIT OF SERVICE" shall mean' each
single-family residence and each dwelling unit within a duplex, a
triplex, or a fourplex receiving noncommercial refuse collection
service .
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F. "BASIC LEVEL OF SERVICE" shall mean the amount of
refuse generated by an average family within a UNIT OF SERVICE .
G. "COMMERCIAL SERVICE" shall mean collection service
pursuant to an agreement between CONTRACTOR and his CUSTOMER by which
dumpsters or drop-off-bodies are rented to CUSTOMER.
H. "CUSTOMER" shall mean a user of CONTRACTOR' S
services .
2 . LEGAL COMPLIANCE
A. This AGREEMENT shall be governed by the laws and
regulations of the State of California, the County of Orange, and
CITY both as to interpretation and performance. Specific reference
is made to Chapter 8 . 20 of the Huntington Beach Municipal Code as it
now exists or may be amended .
B. If any provision of this 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; ANNUAL EXTENSION OF TERM
A. The term of this AGREEMENT is fifteen ( 15) years,
effective February 1, 1990 .
B . Subject to the DIRECTOR' S annual evaluation, as
provided in Section 3 (C) herein, the term of this AGREEMENT shall be
annually extended one ( 1) year, on the 1st of February of each
succeeding year, commencing February 1, 1991 . Such annual extension
may also be terminated by either party in their sole discretion,
without cause, by notification in writing. Such notice will not
terminate the entire AGREEMENT. Such notice will only terminate the
annual one-year extension of this AGREEMENT, and the AGREEMENT shall
remain in effect for the balance of the fifteen-year term outstanding .
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C. Sixty days prior to the date for each annual
one-year extension described in paragraph 3 (B) herein, DIRECTOR shall
perform an evaluation of the services provided by CONTRACTOR. Said
evaluation may consider the kind and number of complaints made
against CONTRACTOR by his CUSTOMERS and the condition of CONTRACTOR ' S
facility and equipment . If deficiencies are discovered, DIRECTOR
will provide CONTRACTOR with a written list of same and require
corrective action prior to the effective date of the extension.
Until the deficiencies are corrected to the satisfaction of DIRECTOR,
an annual extension of this AGREEMENT may be held in abeyance.
D. CITY reserves the right to cancel this AGREEMENT
upon thirty (30) days written notice to CONTRACTOR, in the event that
CONTRACTOR shall be in default in any terms, covenants or conditions
set forth in this AGREEMENT, or in the event that CONTRACTOR shall
fail to comply and abide by all of the requirements and provisions of
Chapter 8 . 20 of the Huntington Beach Municipal Code, as the same now
exists , or may hereafter be amended .
E . Any termination of this AGREEMENT for cause, or
because of expiration of the term, or otherwise, shall constitute a
discontinuation of the right of the CONTRACTOR to provide refuse
disposal services within CITY.
4 . EXCLUSIVENESS OF. CONTRACT
A. CONTRACTOR shall have the exclusive duty, right
and privilege to collect , remove and retain all REFUSE; residential ,
commercial , or industrial, including construction, originating within
CITY limits as they may now or hereinafter exist .
B . This AGREEMENT shall not prohibit collectors of
REFUSE originating outside the city from hauling said refuse over
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city streets, provided such collectors comply with any governing laws
or ordinances .
5 . SUPERVISION OF AGREEMENT
A. Performance of each of the provisions of this
AGREEMENT shall be under the supervision of DIRECTOR. CONTRACTOR
shall furnish DIRECTOR every reasonable opportunity of ascertaining
whether or not the work herein assigned is performed in accordance
with the requirements of this AGREEMENT.
B. CONTRACTOR shall designate a person to serve as
agent and liaison between CONTRACTOR and CITY, and shall maintain a
toll free telephone for communication with CITY' s staff .
C . DIRECTOR may inspect CONTRACTOR ' S operations and
equipment at any reasonable time. CONTRACTOR shall admit DIRECTOR to
make such inspections at any reasonable time and place.
6 . SERVICE STANDARDS, COLLECTIONS
A. During the term hereof , CONTRACTOR shall provide
the BASIC LEVEL OF SERVICE to each RESIDENTIAL UNIT OF SERVICE within
CITY. This shall include the normal amount of plant clippings and
trimmings generated by a RESIDENTIAL UNIT OF SERVICE.
B. CONTRACTOR shall be responsible for picking up
plant pruning.s and trimmings that are securely bundled in lengths not
in excess of four (4) feet and that weigh no more than forty (40)
pounds .
C . 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 .
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D. CONTRACTOR shall, at all times during the
term of this AGREEMENT, keep and maintain in good operating
order, and in good appearance, sufficient trucks and other
equipment to properly and adequately provide the services
described herein .
E. CONTRACTOR shall maintain a local telephone
to which all service complaints from CUSTOMERS may be directed.
The telephone shall be staffed from 8 : 00 a .m, until 5 : 00 p.m.
Monday through Friday and from 8 : 00 a .m. until noon Saturday.
F. Each quarter, upon request , CONTRACTOR shall
provide DIRECTOR a written summary report of all complaints
received and the action taken in response to said complaints .
G . 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 an 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 in the opinion of DIRECTOR to maintain the premises so
served in a healthful and unlittered condition.
H . CONTRACTOR shall supply and unload dumpsters
and drop-off-bodies at CITY owned or operated facilities as
requested by Director, and shall empty the 40-gallon trash cans
in the downtown commercial area at a frequency of six days a
week in the summer and twice a week at other times, at no cost
to CITY. CONTRACTOR shall pay for the deposit of CITY generated
refuse, including street sweepings, grass clippings and tree
trimmings, at Rainbow Transfer . However, the total dollar value
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of all such services provided by CONTRACTOR to CITY shall not exceed
$500 , 000 during the first year of this AGREEMENT. This figure shall
be adjusted in subsequent years by an amount equal to the
CONTRACTOR ' S annual rate increase, as shown in sections 11 and 12
herein.
I . Upon the request of a homeowner, CONTRACTOR shall
make two special collections each year of a large household item,
such as a sofa or a water heater, at no cost to the homeowner .
J. The hours of collection shall be 6 : 30 A.M. to 6 : 30
P.M. except on advance specific waiver of DIRECTOR.
K. Should CONTRACTOR fail to collect and dispose of
REFUSE set out or placed for collection as herein provided, or at the
times herein required, CITY may, after notification of CONTRACTOR and
within a reasonable time not to exceed twenty-four (24) hours,
collect and dispose of said REFUSE at CONTRACTOR ' S sole cost and
expense .
L. Collection of 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
Day; excepting in cases of emergency and upon the express direction
of DIRECTOR. Whenever a regular collection day falls on such a
holiday, then collection shall be made on the day following . Should
a holiday fall on a Sunday, then the following Monday shall be
observed as the holiday. Any additional holidays requested by
CONTRACTOR shall be submitted in writing to CITY for approval .
M. All COMMERCIAL SERVICES containers shall be of a
design and size sufficient to contain their contents , at all times ,
in such a manner as to promote the best possible housekeeping
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conditions . All containers supplied by CONTRACTOR shall , at all
times, be maintained in a well-kept appearance . CUSTOMERS. shall be
responsible for the cleanliness, sanitation and deodorizing of
rental containers .
N. CONTRACTOR shall not, nor shall it permit any
agent , employee or subcontractor employed by it, to request, solicit,
demand, or accept , either directly or indirectly, any compensation or
gratuity for the collection of REFUSE 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, or pick up REFUSE at points other
than as required in these specifications , 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 charges for such services shall be
collected by CONTRACTOR.
7 . RESIDENTIAL TOXIC WASTES
Upon receipt of all required permits and insurance,
CONTRACTOR agrees to provide a residential. toxic waste transfer
station at CONTRACTOR' S current site. Said station will be a
regional facility and be made available free of charge to the
residents of CITY, unless current funding sources do not
materialize . In the event these funding sources are not available,
CONTRACTOR may levy user fees to individual users as approved by
CITY. In the event governmental regulations or operational costs
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make it impractical to operate such a station, CONTRACTOR and CITY
shall have the right to terminate operation of the facility by mutual
agreement .
8 . RECYCLING PROGRAM
CONTRACTOR shall provide a solid waste processing
facility designed to specifically recycle residential and commercial
waste . Said facility will be operational within thirty (30) months
of the date of AGREEMENT and meet the standards legislated by the
State of California in the Integrated Waste Management Act of 1989
(AB 939) as it now exists or may be hereafter amended. This time
frame may be extended at the request of CONTRACTOR should
construction of said facility be delayed by natural disaster , new
legislation, or other unforeseen event . Full development of the
system will be phased in over time, and CITY and CONTRACTOR agree
that the costs of operation will be born by the users of the
facility. CITY and CONTRACTOR also agree to meet prior to the
commencement of operations in order to establish a charge for this
service.
9 . LABOR RELATIONS
A. CONTRACTOR shall, at all times during the term of
this AGREEMENT, abide by all laws and regulations of the State of
California regarding the employment of labor .
B. In the event that there occurs any period in which
CONTRACTOR fails to maintain required REFUSE collection and disposal
services pursuant to this contract by reason of a strike by ,
CONTRACTOR' S employees or similar labor dispute, CITY shall have the
exclusive right of first refusal to rent and operate any or all
trucks, trailers , tractors, bulldozers , other equipment and
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facilities used by CONTRACTOR in the performance of the work
specified in this 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 .
C . Pursuant to California Labor Code Section 1861,
CONTRACTOR acknowledges awareness of Section 3700 et seq. of said
code, which requires every employer to be insured against liability
for workers ' compensation; CONTRACTOR covenants that it will comply
with such provisions during the entire term of this AGREEMENT.
CONTRACTOR shall maintain such Workers ' Compensation
Insurance in an amount of not less than One Hundred Thousand Dollars
($100 , 000) bodily injury by accident , each occurrence, One Hundred
Thousand Dollars ($100, 000) bodily injury by disease, each employee,
and Two Hundred Fifty Thousand Dollars $250, 000) bodily injury by
disease, policy limit, at all times incident hereto, in forms and
underwritten by insurance companies satisfactory to CITY.
10 . UNIT OF SERVICE COUNT
A. An annual count of the UNITS OF SERVICE shall be
performed by a member of CITY' s staff and a representative of
CONTRACTOR. Said count shall be performed during the first- quarter
of each year of the term of this AGREEMENT. Said count shall include
all single family, duplex, triplex, and fourplex residential units
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that are provided noncommercial trash service. Groups of more
than four (4) residential units are deemed to be nonresidential
and will be charged in accordance with COMMERCIAL SERVICE
provisions below. This annual residential count shall be the
basis for determining the number of dwelling units for which
CITY shall compensate CONTRACTOR.
B . CONTRACTOR agrees to submit to DIRECTOR, on a
monthly basis , a list of all residential units which have either :
(1) contracted for COMMERCIAL SERVICE, or (2) discontinued
COMMERCIAL SERVICE with CONTRACTOR. Such listing shall be kept
confidential by CITY.
C. DIRECTOR shall have added to CITY' s water
file, under the heading "Trash, " a Code for all single family,
duplex, triplex and fourplex units that are provided
noncommercial trash service by CONTRACTOR and a Code for those
units that are provided COMMERCIAL 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
noncommercial trash service to arrive at the monthly payment to
CONTRACTOR. It is recognized that the total number of UNIT ' S 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 CONTRACTOR based
upon the total monthly count of all single family, duplex,
triplex and fourplex residential units that are provided
noncommercial trash service. CITY shall compensate CONTRACTOR
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no later than fifteen (15) days after the end of the month in
which service was rendered .
11 . COMPENSATION - RESIDENTIAL
A. CITY shall pay to CONTRACTOR for services
provided under the terms of this AGREEMENT, the sum of $8 . 45 per
month for each UNIT OF SERVICE rendered in CITY from the period
beginning February 1, 1990, until June 30, 1990 ; and the sum of
$9 . 52 per month for same from July 1, 1990, until June 30,
1991 . However, should the landfill tipping fee increase more
than $1 . 00 per ton during the one year period after June 30,
1990 , then the "tipping fee" portion of the formula described
below shall be applied to the amount in excess of $1 . 00 per ton .
B . Changes in compensation for each subsequent
year will be based on the formula provided below and shall take
effect on July 1st of each succeeding year beginning on July 1,
1991 . A change in compensation will be determined by the three
factors in the following formula :
1 . The percentage of increase in the Los
Angeles-Anaheim-Riverside All Urban Consumer Price Index (CPT)
or any relevant successor for the Orange County area from April
to April of the preceding twelve ( 12) months . This factor shall
constitute seventy-six percent (76%) of a rate adjustment .
2 . The County of Orange landfill tipping
fees . This factor shall constitute sixteen percent (16%) of a
rate adjustment, and be based upon the tipping fee adopted by
said County for the subsequent fiscal year .
3 . The average per gallon price of diesel
fuel as paid. by CONTRACTOR during the April to April time frame
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noted above. This factor shall constitute eight percent ( 8%) of
a rate adjustment .
An example of this formula is provided on the attached
Exhibit B. No more than one negotiated rate change shall be
made in any twelve (12) month period . However, either DIRECTOR
or CONTRACTOR may propose modification of an established rate in
order to assure the overall fairness of the rate structure to
both CITY and CONTRACTOR. .
C . In the event CONTRACTOR becomes obligated in
the performance of this AGREEMENT to pay any fees or charges not
presently required, such as those imposed by toll roads, for the
transit of REFUSE to landfills; or if CONTRACTOR is required to
travel additional distances to an approved landfill site due to
the closing of an existing facility; or if the County of Orange
raises the landfill tipping fee more than once during a year,
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 .
12 . COMPENSATION - COMMERCIAL
A. CONTRACTOR shall establish and publish a
schedule of rates for all COMMERCIAL SERVICE accounts based on
frequency of collection per week and size of container . Said
schedule shall be shown as Exhibit A of this AGREEMENT and shall
become effective on February 1, 1990 .
B . CONTRACTOR shall be exclusively responsible
for making contracts for COMMERCIAL SERVICE with CUSTOMER ' S
within CITY. All charges will be billed to and collected from
each CUSTOMER by CONTRACTOR.
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C. Beginning July 1, 1990 , and continuing for
the life of this AGREEMENT, changes in compensation for
COMMERCIAL SERVICE for each subsequent year will be based on the
formula provided below and shall take effect on July lst of each
succeeding year . A change in compensation will be determined by
three factors in the following formula :
1 . The percentage of increase in the Los
Angeles-Anaheim-Riverside All Urban Consumer Price Index(CPI) or
any relevant successor for the Orange County area from April to
April of the preceding twelve (12) months . This factor shall
constitute seventy-six percent (76%) of a rate adjustment .
2 . The County of Orange landfill tipping
fees . This factor shall constitute sixteen percent (16%) of a
rate adjustment , and be based upon the tipping fee adopted by
said County for the subsequent fiscal year .
3 . The average per gallon price of diesel
fuel as paid by CONTRACTOR during the April to April time frame
noted above. This factor shall constitute eight percent (8%) of
a rate adjustment .
An example of this formula is provided on the
attached Exhibit B . No more than one negotiated rate change
shall be made in any twelve (12) month period. However, either
DIRECTOR or CONTRACTOR may propose modification of an
established rate in order to assure the overall fairness of the
rate structure to both CITY and CONTRACTOR.
13 . COMMERCIAL SERVICE FRANCHISE FEE
A. Beginning on July 1, 1991, CONTRACTOR shall
pay CITY a franchise fee of one percent (1%) of his paid gross
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receipts from COMMERCIAL SERVICE . Said fee shall increase to
two percent (2%) of same on July 1, 1992, and to three percent
(3%) on July 1, 1993 . However, in all instances, the fee shall
be added to the rate schedule only after the compensation
formula has been applied.
B . Said payment shall be made on a monthly basis
and be received by CITY no later than fifteen (15) days after
the end of each calendar month in which CONTRACTOR' S invoices
were issued . The first payment due under this AGREEMENT, for
receipts of July, 1991, shall be payable on September 15 , 1991 .
Any late payments shall be assessed in accordance with
Chapter 3 .48 of the Huntington Beach Municipal Code .
14 . TRANSFER STATION USER FEE
A. Beginning on July 1 , 1990 , CONTRACTOR shall
pay CITY a transfer station user fee of one and one quarter
percent ( 1 . 25%) of all paid receipts for refuse deposited at the
transfer station.
B. Said payment shall be made on a monthly basis
and be received by CITY no later than fifteen ( 15) days after
the end of each calendar month in which CONTRACTOR' S invoices
were issued . The first payment due under this AGREEMENT, for
the paid receipts of July, 1990, shall be payable on September
15 , 1990 . Any late payments shall be assessed in accordance
with Chapter 3 .48 of the Huntington Beach Municipal Code.
15 . 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 . 00) to the effect that
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CONTRACTOR will faithfully perform this AGREEMENT.
16 . INSURANCE
CONTRACTOR shall carry at all times incident
hereto, on all operations to be performed hereunder, general
liability insurance, including coverage for bodily injury and
property damage . Said insurance shall also include automotive
bodily injury and property damage liability insurance. All
insurance shall be underwritten by insurance companies in forms
satisfactory to CITY for all operations and all owned vehicles
and non-owned vehicles . Said insurance shall name the CITY its
officers , agents and employees and all public agencies as
determined by the CITY as Additional Insureds . CONTRACTOR shall
subscribe for and maintain said insurance policies in full force
and effect during the life of this AGREEMENT, in an amount of
not less than One Million Dollars ($1, 000 , 000) combined single
limit coverage . If coverage is provided under a form which
includes a designated general aggregate limit, such limit shall
be no less than One Million Dollars ($1, 000 , 000) . In the event
of aggregate coverage, CONTRACTOR shall immediately notify CITY
of any known depletion of limits . CONTRACTOR shall require its
insurer to waive its subrogation rights against CITY and agrees
to provide certificates evidencing the same.
17 . CERTIFICATES OF INSURANCE; ADDITIONAL INSURED
ENDORSEMENT
Prior to commencing performance of the work
hereunder, CONTRACTOR shall furnish to CITY certificates of
insurance subject to approval of the City Attorney evidencing
the foregoing insurance coverages as required by Sections 9 and
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16 herein; said certificates shall provide the name and policy
number of each carrier and policy, and shall state that the
policy is currently in force and shall promise to provide that
such policies will not be cancelled without thirty (30) days
prior written notice to CITY. CONTRACTOR shall maintain the
foregoing insurance coverages in force during the entire term of
this AGREEMENT.
The requirement for carrying the foregoing insurance shall
not derogate from the provisions for indemnification of CITY by
CONTRACTOR under Section 18 of this AGREEMENT. CITY or its
representative shall at all times have the right to demand the
original or a copy of all said policies of insurance.
CONTRACTOR shall pay, in a prompt and timely manner, the
premiums on all insurance hereinabove required .
A separate copy of the additional insured endorsement to
each of CONTRACTOR ' S insurance policies, naming the CITY, its
officers and employees as Additional Insureds shall be provided
to the CITY upon demand .
18 . INDEMNIFICATION DEFENSE HOLD HARMLES
CONTRACTOR hereby agrees to protect, defend,
indemnify and hold and save harmless CITY, its officers ; and
employees against any and all liability, claims , judgments ,
costs and demands , however caused, including those resulting
from death or injury to CONTRACTOR' S employees and damage to
CONTRACTOR' S property, arising directly or indirectly out of the
performance of this AGREEMENT by CONTRACTOR, including those
arising from the passive concurrent negligence of CITY, but save
and except those which arise out of the active concurrent
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negligence, sole negligence, or the sole willful misconduct of
CITY. CONTRACTOR will conduct all defense at its sole cost and
expense . CITY shall be reimbursed by CONTRACTOR for all costs
or attorney' s fees incurred by CITY in enforcing this obligation.
19 . TRANSFER
A. CONTRACTOR shall not sell , assign, or
transfer this AGREEMENT or any interest therein, or permit 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 this AGREEMENT.
B. 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.
20 . FINANCIAL RECORDS
At the request of DIRECTOR, CONTRACTOR shall make
his complete financial records available for examination by CITY
or its designated agents . Such records shall be kept
confidential .
REST OF PAGE NOT USED
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21 . ENTIRETY
The foregoing, and Exhibits "A" and "B" attached
hereto, sets forth the entire AGREEMENT between the parties .
IN WITNESS WHEREOF, the parties hereto have caused this
AGREEMENT to be executed on the day, month and year first above
written at Huntington Beach, California .
RAINBOW DISPOSAL COMPANY, INC . , CITY OF HUNTINGTON BEACH
a California corporation a California municipal
car ation
President = Mayor
cretary
RAINBOW TRANSFER AND RECYCLING, INC.
a California corporation
President
cretary
ATTEST: APPROVED AS TO FORM:
City Clerk �Att�xney
�-�� a
REVIEWED AND APPROVED: INITIATED A D APPROVED:
City Administrator Directo of ublic Works
sg
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EXHIBIT A
DUMPSTER SERVICE RATE SCHEDULE
Size of Number of Monthly Service
Container Pick-Ups per Week Rate
1 Cu. Yard Dumpster 1 $ 34 . 80
2 54 . 60
3 68 .40
4 75 . 20
5 88 . 00
6 101. 80
2 Cu. Yard Dumpster 1 $ 56 . 60
2 81. 20
3 101 . 80
4 119 . 40
5 147 . 00
6 168 . 80
3 Cu . Yard Dumpster 1 $ 72 .41
2 109 . 07
3 146 . 98
4 172 . 64
5 221 . 05
6 258 .46
Add a $7 . 50 charge per dumpster per pick-up for push--outs over 30
feet, and a $5 . 00 charge per month per dumpster in an enclosure.
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DROP—OFF—BODY SERVICE RATE SCHEDULE
Container Size Service Time Service Rate
3 Cu. Yard Two (2) Days $40 . 00 per load
3 Cu. Yard Weekend $50 . 00 per load
35/40 Yard Three (3) Days $265 . 00 per load
(6 tons max)
35/40 Yard Five (5) Days $295 . 00 per load
(6 tons max)
Any container which exceeds six (6) tons in weight is subject to
additional dumping fees at the local transfer station.
10/15 Yard Three (3) Days $335 . 00 per load
(8 tons max)
10/15 Yard Five (5) Days $365 . 00 per load
(8 tons max)
Any container which exceeds eight (8) tons in weight is subject to
additional dumping fees at the local transfer station.
ADDITIONAL RENTAL DAYS: $15 . 00 per extra day, all sizes .
OVERLOADED OR UNLEVEL CONTAINER: It is the customer ' s
responsibility to reload any container which exceeds nine (9) tons
in weight or is not level full . Contractor cannot remove overweight
containers . Rental charges will stay in effect until container is
reloaded and removed.
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EXHIBIT B
Example of Formula
For the purpose of illustration and by way of example only,
assume that : On May 1, 1991, the CPI increase for the period
April 1, 1990, through April 1, 1991, is determined to be 5 . 0%;
Landfill Tipping fees were increased during said period from $13 . 25
to $16 . 50 per ton ( a 24 . 5% increase) ; and the Diesel Fuel Price
increased during said period from $0 . 725 to $0 . 775 per gallon (a
6 . 9% increase) . The following is a statement of the Formula for an
increase in the charges based upon the foregoing illustration:
(76% x 5 . 0%) + (16% x 24 . 5%) + (8% x 6 . 9%)
equals : 3 . 80% + 3 . 92% + 0 . 55% = 08 . 27%
Thus the collection charges would be increased, commencing on
July 1 , 1991, by an additional 8 . 27%.
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Ord. No. 3036
STATE OF CALIFORNIA )
COUNTY OF ORANGE ss:
CITY OF HUNTINGTON BEACH
I, CONNIE BROCKWAY, 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 members 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 therof held on the sth day of FebrMA y
1990 and was again read to said City Council at a regular
meeting therof held on the 20th day of February 1990 and
was passed and adopted by the affirmative vote of at least a majority of
all the members of said City Council .
AYES: Councilmembers:
MacAllister, winchell, Green, Mays, Bannister, Silva, Erskine
NOES: Councilmembers:
None
ABSENT: Councilmembers:
None
I, Connie f3mkway CITY CLERK of the City of
Huntington Beach and ex-oficio Clerk of the City
Cour:ci O0 hereby cedfy that a synopsis of this }'
ordinalts been published in the Daily Pilot on
-� — � City Clerk and ex
t9 -offi o Clerk
of the City Council of the C i ty
In accordance with the Clty Charter of said City.
of Huntington Beach, California
Connie Brockway
City Clerk
D City Clerk