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Home My WebLink About1997-05-13 - AGENDA REPORTS - LICENSING TEMP REFUSE ROLL-OFF (2)i - r UNFINISHED BUSINESS DATE: May 13, 1997 0e AGENDA REPORT City Manager ApproN Item to be presented Lynn M. Harris SUBJECT: LICENSING OF TEMPORARY ROLLOFF BIN SERVICE -ORDINANCE 97-7 PUBLIC WORKS: Public Works BACKGROUND At the April 8, 1997 meeting, the first reading of Ordinance 97-7, regarding the licensing of temporary refuse roll -off bin service, was continued until specific information could be provided about administrative aspects of the licensing program. Staff has met with the effected haulers on various occasions to ensure that an equitable licensing program is developed. There were five roll- off companies present at the April 8 meeting. A representative from each of these companies indicated support for the proposed licensing program with some administrative modifications. Based on the administrative issues raised by the haulers and the resulting direction from the City Council, the following modifications have been made to the proposed licensing program: • Performance Bond Requirement Reduced, by 50% to $25,000 • Concur with Franchisee's position that existing Bonds for Commercial agreements can be extended to cover roll -off services • Liability Insurance Coverage Requirements remain unchanged based on review by City Attorney • Licensee Given the.Option to pay per Unit Fees based on Tonnage or Volume More detailed responses to each of these, and other issues raised by the City Council are addressed in Attachment B. ANALYSIS Three-fourths of the waste generated locally is managed through the City's integrated waste management program. The remaining one-quarter is hauled by roll -off bin companies that have not been integrated into the local waste management system (see Attachment A). This is a very significant portion of the City's waste, and based on local growth projections, it is anticipated that new construction and development will rapidly escalate, resulting in significant increases in the types of waste that are serviced by roll -off companies. SACCAGENDAaOMOMAGN Continued To: ,,.7 -y Agenda Item The issue of locally managing roll -off companies was raised in 1996 when these services were addressed as a part of a comprehensive study of potential enhancements to the City's overall waste management system titled Beyond 50 percent Waste Reduction by 2000. Several recommendations resulted from the report including the recommendation to explore local arrangements for handling roll -off services which constitute a significant portion of the City's waste stream. The recommendation was adopted at the regular meeting on July 9, 1996. Since this time, staff has brought forward several recommendations to incorporate roll -off services into the City's integrated waste management system. The City has been extremely successful in creating and implementing effective diversion programs in both the residential and commercial sectors. These programs have been instrumental in ensuring local compliance with AB 939 and reducing local dependence on urban landfills. To continue this pattern of success in managing solid waste reduction, and to move forward with increasing rates of waste diversion, it is necessary to integrate roll -off services into the City's comprehensive waste management system. Adoption of Ordinance 97-7 allows staff to develop and implement a licensing program which will provide for roll -off services to be integrated into the City's waste management system and will protect the City from potential liabilities while maintaining service and rate competition. The ordinance will also close an existing loophole in the commercial franchise agreements by preventing independent hauling companies from servicing businesses that require permanent recurring service. Finally, the proposed ordinance allows any licensed hauling company to provide temporary, non- recurring roll -services to customers at free-market rates. RECOMMENDATION City Council introduce, waive further reading and pass to second reading Ordinance No.97-7 and, direct staff to set a public hearing and prepare a resolution establishing licensing application, license, and unit fees for roll -off refuse services. ATTACHMENTS Attachment A Attachment B Ordinance No. 97-7 Collector's License- Roll -Off Bin Service (available for review in City Clerk's reading file) SACCAGENDAWOLL017115.AGN -0 * o 00 �. cn o' CD CD :30 o. O 0 �:3 (D 2) CD W w CL CL Oo (D 0 3 (D O ^'� O 0 3 Q (D 00 O �* 0 . ;< -0 0 � O O < (D Q 3 (D w CD O rj) O 0 0 �G (D O (D Q O C C7 :3C: O y .o CA CD 0 C C7 :3C: N .o CD 1 O O CD Q. 0 O CD on 1 0 CD O —1, 0 E I VJ r-+ IN CD w 3 1 CD m 0 C�aprr�DDDD C7� pN a) 2) M(D "O D 'a O �- O cn CD O-0 D 0 "o�.��0—gym N Q.0 (D _0 Q CD `� O p Q. �'o°o°�y�C�.0 CD CD o p_(-nC W C: (D (n -t % " W " Z (D (D 7- o O (D 0 O '� C NCD -L D N CO 0C O N O CD � < N A) C CSD cn OD c z o D < 0 `< < 0 O 0 0 0 = CD CD O� (f) W X r -t- CD O�o (-)o r.+ r-+ `C Le ATTACHMENT Responses to Council Question Regarding Administrative Aspects of Roll -Off License Share of Total Waste Stream Data reported from the haulers indicate that the City's total waste stream generated 103,091 tons of material in 1996. Waste disposed, or diverted; through roll -off services amounted to 27,015 tons, i.e., 25 percent of the City's entire waste stream. The reported data indicates that 93 percent of all tonnage hauled from the City of Santa Clarita is performed by the franchisees, the remaining 7 percent of the City's total reported waste stream is hauled by independent roll -off companies. See Attachment A for a graphic presentation. Haulers Voluntarily Reporting to the City Records indicate that 8 -roll -off companies, in addition to the three franchisees, provided the City with some disposal/diversion reports in 1996. Only three of the independent roll -off companies reported for all four quarters, and one of these companies is no longer in operation. See the attached chart for detail. Necessity of Performance Bonding The roll -off license requirement for a performance bond is consistent with the requirements found in the existing commercial franchise agreements. The performance bond requirement helps to ensure that all licensees are held accountable for "full and faithful" performance of work contracted for, and for timely payment of any license fees due to the City. Based on comments from the service providers and the City Council at the April 8 meeting, staff has determined that a performance bond of $25,000 rather than $50,000, should provide the City with sufficient protection in the event of a licensees failure to perform services or fee payment. Amounts of Insurance Coverage Required The roll -off license requirement for General, Automobile, and Employer's Liability is consistent with the requirements found in the existing commercial franchise agreements. Due to the nature of roll -off services, e.g., frequent service of construction and demolition sites and frequent placement of containers in public right of ways, issues of risk and liability are equal to, if not greater than the risks associated with fixed -route commercial service. Staff concludes, based on consultation with the City Attorney's office, that the currently proposed license requirements for liability insurance are minimally adequate to protect the City from potential exposure, but are certainly not excessive. Per Ton vs. Per Yard License Fees The primary reason licensees prefer per cubic yard fees is because of simplicity in billing and accounting procedures. However, strict accountability from the licensor perspective is extremely difficult with per yard calculations. All related City.. data and disposal /diversion reporting information has historically been calculated in tons not cubic yards. Cubic yards fees would require conversion calculations for all payments. A per ton fee can encourage licensees to recycle heavy loads of material such as concrete and brick, per yard fees could provide no such incentive. Because each type of unit fee structure has some merits, each licensee will be granted the option to submit unit.license fees based on either weight or volume. S ACCAGENDA\ROLLOFFS.AGN ATTACHMENT Responses to Council Questions Regarding Administrative Aspects of Roll -Off License Temporary vs. Permanent Roll -Off Service Roll -off services are not clearly addressed in the Integrated Waste Management Code, or the Commercial franchise agreements. Independent roll -off companies can effectively violate the intent of the commercial franchise agreements by servicing recurring commercial accounts on a permanent basis. Currently the code does not expressly prohibit this, however adoption of Ordinance 97-7 will close this existing loophole while still allowing independent roll -off companies an opportunity to apply for a license to service non-recurring roll -off accounts. Staff suspects that one or more of the roll -off companies currently operating in the City have existing accounts that are permanent in nature, and may be eligible for a five-year notice prior to strict enforcement of the license program. Pending City Council approval of Ordinance 97-7, the City Attorney's office will review any claims to five-year entitlement on a case-by-case basis: SACCAGENDAWOLLOFF5.AGN ORDINANCE NO. 97-7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, PROTECTING PUBLIC HEALTH, SAFETY AND WE, WITH RESPECT TO TEMPORARY ROLL -OFF BIN SERVICE BY AMENDING TITLE 15, DIVISION 3, TO ADD NEW SECTIONS 15.44.087 AND 15.44.330 TO THE SANTA CLARITA MUNICIPAL CODE WHEREAS, the City of Santa Clarita desires that Title 15 of the Santa Clarita Municipal Code be amended to specifically address Temporary Roll -Off Bin Services; WHEREAS, the City of Santa Clarita desires that Temporary Roll -Off Bin Services licenses be issued to all solid waste enterprises which meet the City's standards; WHEREAS, the City of Santa Clarita desires that all Temporary Roll -Off Bin Services providers, whether or not the service provider claims a continuation or other right to provide Temporary Roll -Off Bin Service in the City, are to apply for a Temporary Roll -Off Bin Service provider's license and meet the City's public health and safety requirements as set forth in the licenses to be issued to all solid waste enterprises which meet the City's standards for Temporary Roll -Off Bin Service providers; WHEREAS, the City of Santa Clarita desires to protect the City and its residents from the risks of liability which might occur if solid waste service providers were to provide Temporary Roll - Off Bin Service without adequate insurance or without indemnifying the City from and against potential liabilities; WHEREAS, The Public Resources Code, and more specifically section 40059, permits cities and other local jurisdictions to determine: (1) 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 services; (2) whether the services are to be provided by means of nonexclusive, partially exclusive or wholly exclusive franchise, contract, license, permit or otherwise, which may be granted upon such terms and conditions as prescribed by the governing body of the local agency. WHEREAS, the City of Santa Clarita is required by the California Integrated Waste Management Act of 1989 to reduce waste being sent to local landfills by fifty (50) percent by the year 2000; WHEREAS, the City of Santa Clarita is committed to reducing dependence on urban landfills and opposed to the development of the proposed Elsmere Canyon Landfill; S3 OLWASTEXADMIM 177621.9 WHEREAS; the City Council has determined that the implementation of a refuse roll -off licensing program will assist the City in coordinating waste reduction efforts necessary to comply with the California Integrated Waste Management Act of 1989; WHEREAS, In determining standards for issuance of a Collector's License - Roll -Off Bin Service, the City has considered a number of factors including but not limited to: the laws governing the safe collection, transport, transfer, recycling and disposal of Roil -Off Bin Waste, including the California Integrated Waste Management Act of 1989 (commonly referred to as "AB 939" and partially codified at Public Resources Code §§ 40000 et seq.), the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. §§ 6901 et seq., and the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. §§ 9601 et seq. THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. In order to protect public health, safety and well-being and to prevent the spread of vectors, Title 15 of the Santa Clarita Municipal Code is hereby amended to add Sections 15.44.087 and 15.44.330 to read as follows: "15.44.087 Roll -Off Bin. "Roll -Off Bin" means a container provided for temporary accumulation and collection of Solid Waste on a short-term, non-recurring basis from Residential or Commercial Premises, frequently for collection of Construction and Demolition Waste. Roll -Off Bins include solid waste containers with nominal capacities of 40 yards, or low -boys but may be smaller, i.e., two (2), three (3), four (4), five (5) or six (6) cubic yards. 15.44.330 Temporary Roll -Off Bin Licenses. A. Pursuant to Division 30, Part 1, Chapter 1, Article 2 of the Public Resources Code, §§ 40050 gtrte., the Director of Public Works may issue one or more permits, licenses or other form of authorization (collectively "license") to those solid waste enterprises which the Director determines to meet the conditions of this section, for the provision of Temporary Roll -Off Bin Service within the City. Any such license shall be in writing, naming the licensee. No application shall be accepted without payment of an Application Fee to defray the City's expenses of reviewing the application. No license shall be issued without payment of a License Fee, to reimburse the City for the administration of the Temporary Roll -Off Bin Service license program. The amounts of Application and License Fees shall be set by the City Council, by resolution. B. No Temporary Roll -Off Bin License, for the provision of Temporary Roll -Off Bin services in the City, shall be issued unless the Director of Public Works first determines, by written findings of fact, that the Applicant has or will satisfy the following conditions: 1. The Licensee shall comply with the provisions of this Chapter; and, 2. The licensee shall protect, defend, indemnify and hold the City harmless from liability related to the issuance of the license, and the exercise of the license including specifically, but not limited to, liability under the Resource Conservation and Recovery Act of 1976 ("RCRA"), 42 U.S.C. §§ 6901 et LN., the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§ 9601 et aW., as they may be amended from time to time and all regulations implementing these acts; and the common law, and 3. The licensee shall be required to maintain insurance in the types and amounts determined by the Public Works Director to be adequate; 4. The licensee shall cooperate with City in Solid Waste Disposal Characterization Studies or other waste stream audits and to submit information required by City to meet the reporting requirements of AB 939 and to implement measures consistent with the City's Source Reduction and Recycling Element in order for the City to reach the diversion and other goals mandated by the California Integrated Waste Management Act of 1989, as it may be amended from time to time; 5. The licensee shall maintain all its Temporary Roll -Off Bins in the City free from"tagging" or graffiti; and 6. The licensee shall cause all of its Temporary Roll -Off Bins used in the City to be marked on all sides with conspicuous warnings that the disposal of hazardous substances or hazardous waste in Temporary Roll -Off Bins is dangerous and is prohibited by law. 7. Containers must be serviceable and safe, i.e., no protruding sharp metal edges. Container dump doors must operate properly, and be safely secured when not being loaded or dumped. Containers must also be free of leaks. C. All Temporary Roll -Off Bins placed in the City, except for Construction and Demolition Waste in Temporary Roll -Off Bins, shall be pulled and removed not later than ten (10) days after placement of the Temporary Roll -Off Bin, or as soon as the licensee which placed the Temporary Roll -Off Bin has been notified that the Temporary Roll -Off Bin has been filled to capacity, whichever occurs first. The placement and service of Temporary Roll -Off Bins is considered to be a temporary service, not a continuing service. No new or replacement bin, except a construction and demolition waste bin, shall be placed at the same premises except after an interval of ten (10) days after the removal of a Temporary Roll -Off Bin. Neither collection of Residential Solid Waste from Multi -Family Residences using Commercial Bins, nor Commercial Solid Waste from Commercial Premises using. Commercial Bins, is within the scope of the Roll -off Bin License; such collection is within the scope of Commercial Solid Waste Franchises awarded by the City. Similarly, collection of residential Solid Waste from Single Family residences utilizing can or cart service is not within the scope of this License; such collection falls within the scope of Residential Solid Waste Franchises. D. In the event that the Director of Public Works, following notice and an opportunity to reply, determines that a licensee has violated any applicable provision of this Chapter or other condition of the license, the Director may revoke a Temporary Roll -Off Bin Service license. Revocations may be appealed, in writing, to the City Manager. Revocations by the Director shall be final if not appealed to the City Manager within ten (10).days of issuance. E. In the event that the Director of Public Works denies an application for a License, following notice and an opportunity to reply, the denial may be appealed, in writing, to the City Manager. Denials by the Director shall be final if not appealed to the City Manager within ten (10) days of issuance." F. It shall be unlawful for any person, including any solid waste enterprise, to place or maintain a Temporary Roll -Off Bin in the City without a License or franchise issued in writing by the City. SECTION 2. This Ordinance shall take effect thirty (30) days after its final passage. This Ordinance is subject to the provisions for referendum applicable to a City as set forth in § 4050 of the Elections Code of the State of California. SECTION 3. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 4. The City Clerk shall certify as to the adoption of this Ordinance and shall cause a summary thereof to be published as required by Law. PASSED, APPROVED and ADOPTED this _ day of 1997. I V 67 ATTEST: City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS CITY OF SANTA CLAR TA ) I, Sharon Dawson, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. 97-7 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the day of 19_. That thereafter, said Ordinance was duly adopted and passed at regular meeting of the City Council on the day of 19_ by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. AFFIDAVTT OF POSTING CITY OF SANTA CLARITA ) SHARON DAWSON, being first duly sworn, deposes and says: being: That she is the duly appointed and qualified City Clerk of the City of Santa Clarita. That in compliance with State Laws of the State of California, ORDINANCE NO. 97-7, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, PROTECTING PUBLIC HEALTH, SAFETY AND WELL-BEING WITH RESPECT TO TEMPORARY ROLL -OFF BIN SERVICE BY AMENDING TITLE 15, DIVISION 3, TO ADD NEW SECTIONS 15.44.087 AND 15.44.330 TO THE SANTA CLARITA MUNICIPAL CODE a certified copy of the full text of Ordinance No. 97-7 , along with the names of those City Council Members voting for and against said Ordinance, was caused to be posted in the Office of the City Clerk. SHARON DAWSON CITY CLERK (SEAL) CITY OF SANTA CLARTTA INTEGRATED WASTE MANAGEMENT PROGRAM COLLECTOR'S LICENSE - TEMPORARY ROLL -OFF BIN SERVICE (FOR TEMPORARY ROLL -OFF BIN SERVICE ONLY) ISSUED TO: DATE: RENEWAL REQUIRED ON OR BEFORE: FOR CITY USE ONLY License No. File No. LAX2:177346.4 Draft Santa Clarita--COLLECTOR'S LICENSE - ROLLOFF BIN SERVICE CITY OF SANTA CLARITA INTEGRATED WASTE MANAGEMENT PROGRAM COLLECTOR'S LICENSE - TEMPORARY ROLL -OFF BIN SERVICE (FOR TEMPORARY ROLL -OFF BIN SERVICE ONLY) PREAMBLE: a The City of Santa Clarita (the "City") is obligated to protect the public health, safety and welfare of its residents. The City also is obligated to implement the requirements of the California Integrated Waste Management Act of 1989, Public Resources Code §§ 40000 et seq. ("AB 939")(as amended). Among other things, AB 939 requires cities and other local jurisdictions to implement plans for source reduction, reuse and recycling as part of their integrated waste management practices. Cognizant of and consistent with these obligations, the City has investigated how solid waste services, both residential and commercial, might best be provided within the City. As a result, the City has adopted Chapter 15.44 ('Integrated Waste Management") and Chapter 13.06 (highway permits) of the Santa Clarita Municipal Code, respectively. These chapters govern the collection, transport, transfer, recycling and disposal of solid waste within the City and provide, inter alfa, that every solid waste collector must apply for and possess a current City -issued Solid Waste Collector's permit or other form of City -issued solid waste collection authorization. This permit is intended.for issuance to a solid waste enterprise wishing to collect, transport, transfer, recycle, dispose or otherwise handle certain categories of Temporary Roll -Off Bin Service within the City of Santa Clarita. The Public Resources Code, and more specifically § 40059, permits cities and other local jurisdictions to determine: (1) 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 services; (2) whether the services are to be provided by means of nonexclusive, partially exclusive or wholly exclusive franchise, contract, license, permit or otherwise, which may be granted upon such terms and conditions as prescribed by the governing body of the local agency. In determining standards for issuance of a Collector's License - Temporary Roll -Off Bin Service, the City has considered a number of factors including but not limited to: (1) the laws governing the safe collection, transport, transfer, recycling and disposal of Temporary Roll -Off Bin LAX2:177346.4 —1— Draft Sarna Clarita—COLLECTOR'S LICENSE - ROLLOFF BIN SERVICE Waste, including AB 939, the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. § § 6901 et seq., and the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. §§ 9601 et seq.; (2) cost; (3) quality of service; (4) air, traffic and noise impacts. In the context of such factors, the requirements for issuance of a Collector's License - Temporary Roll -Off Bin Service were set by the.City Council, by resolution adopted pursuant to the Santa Clarita Municipal Code. By accepting this Collector's License - Temporary Roll -Off Bin Service, LICENSEE certifies and agrees that it will satisfy all conditions and requirements of the Permit. However, by issuance of this Permit the City is not thereby becoming a "generator" or an "arranger" as those terms are used in the context of CERCLA § 107(a)(3). LICENSE: This CITY OF SANTA CLARITA COLLECTOR'S LICENSE - TEMPORARY ROLL -OFF BIN SERVICE (FOR TEMPORARY ROLL -OFF BIN SERVICE ONLY) ("Collector's License - Temporary Roll -Off Bin Service" or "License") is issued this day of 19_, by the CITY OF SANTA CLARITA ("City") to hereinafter referred to as "LICENSEE" for the collection, transportation, transfer, recycling, disposal and handling of Temporary Roll -Off Bin Waste, including Green Waste and Recyclable Solid Waste in the City of Santa Clarita, pursuant to the provisions of Santa Clarita Municipal Code Chapter 15.44. SECTION 1. COLLECTOR'S LICENSE - TEMPORARY ROLL -OFF BIN SERVICE. A. License Obligations. LICENSEE shall comply with all conditions and provisions of this License and all other provisions of federal and state law, Local Enforcement Agencies and the Santa Clarita Municipal Code and regulations and conditions adopted by the City of Santa Clarita. B. License Scope.. This License authorizes LICENSEE, for the period specified in SECTION 4 of this License to place temporary Roll -Off Bins in the City and to collect, transport, process, recycle, compost, retain, dispose of and discard Temporary Roll -Off Bin Waste, as defined in this License, produced, generated and/or accumulated within the City, and placed in Licensee's Temporary Roll -Off Bins, except as otherwise provided below. Only temporary, non-recurring Roll - Off Bin Service in the City is covered by this License. The collection and disposal of Construction and Demolition Waste and other temporary Bin services are within the scope of this License. Collection of Residential Solid Waste from Multi -Family Residences using Commercial Bins is not within this Licensee. Nor is collection of Commercial Solid Waste from Commercial Premises using Commercial Bins within the scope of this License; such collection is within the scope of Commercial LAX2:177346.4 -2- Draft Sawa Clarim—COLLECTOR'S LICENSE- ROLLOFF BIN SERVICE Solid Waste Franchises awarded by the City. Similarly, collection of Residential Solid Waste from Single Family residences is not within the scope of this License; such collection falls within the scope of Residential Solid Waste Franchises. This Collector's License - Temporary Roll -Off Bin Service creates no continuation rights under Public Resources Code §§ 49520-23 or any other law. C. Other Services. This License does not grant LICENSEE any exclusive rights. City reserves the right to award franchises, contracts, licenses or permits to other entities to provide Roll - Off Bin and other solid waste and recycling services. SECTION 2. LICENSE FEE. Upon acknowledgment and acceptance of the conditions in this License, LICENSEE shall reimburse the City for reasonable expenses, including staff time, consultants' and attorneys' fees, and expenses, associated with preparing, issuing and administering this License, a per ton licensing fee will also be assessed on materials taken to landfills in the.amount determined by the City Council, by resolution. SECTION 3. Whenever any term used in this License has been defined by the Santa Clarita Municipal Code or Division 30, Part 1, Chapter 2 of the California Public Resources Code, the definitions in the Municipal Code or Public Resources Code shall apply unless the term is otherwise defined in this License. A. "AB 939" or "Act" means the California Integrated Waste Management Act of 1989, codified in part at Public Resources Code §§ 40,000 et. seq., as it may be amended from time to time and as implemented by the regulations of the California Integrated Waste Management Board, or its successor. B. "Bins" or "Commercial Bins" means those containers provided for temporary accumulation and collection of Commercial Solid Waste from Commercial Premises, pursuant to continuing agreements for periodic emptying of the solid waste accumulated in the.Bins. Bins include solid waste containers with nominal capacities of two (2), three (3), four (4), five (5) or six (6) cubic yards, or larger, compactor bins and compactor boxes. C. "Commercial Premises" means all premises in the City, other than Single Family Residences, where solid waste is generated or accumulated. The term "Commercial Premises" includes, but is not limited to, stores; offices; federal, state, county and local governmental facilities, including, but not limited to schools, school district offices, special districts and water districts (to LAX2:177346.4 —3— Draft Santa Clarita—COLLECTOR'S LICENSE - ROLLOFF DIN SERVICE the extent permitted by law); restaurants; rooming houses; hotels; motels; manufacturing, processing, or assembly shops or plants; and hospitals, clinics, convalescent centers and nursing homes (non- medical waste only). D. "Commercial Solid Waste". means all types of solid waste, including Green Waste and Recyclable Solid Waste, but not hazardous waste or medical waste, generated or accumulated at Commercial Premises. The term "Commercial Solid Waste' does not include Residential Solid Waste. E. "Construction and Demolition Waste" means discarded building materials, recyclable construction and demolition materials, packaging, plaster, rock or brick, drywall, cement and rubble resulting from construction, remodeling, repair and demolition operations, typically accumulated and transported in Temporary Roll -Off Bins. "Construction and Demolition Waste" placed in Temporary Roll -Off Bins is within the scope of this License. F. "Green Waste" or "Yard Waste" means leaves, grass clippings, brush and branches generated from landscapes or gardens and separated from other Temporary Roll -Off Bin Waste. "Green Waste" includes Holiday Trees put in Temporary Roll -Off Bins by Temporary Roll - Off Bin service recipients, but does not include palm fronds. Residential or Commercial Green Waste accumulated in Temporary Roll -Off Bins on a recurring basis is not within the scope of this License. G. "Hazardous Waste" means any waste materials or mixture of wastes defined as "hazardous substances or "hazardous wastes" pursuant to the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. §§ 6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. §§ 9601 et seq., and all future amendments to either of them, or as defined by the California Integrated Waste Management Board. Where there is a conflict in the definitions employed by two or more agencies having jurisdiction over hazardous or solid waste; the term "Hazardous Waste" shall be construed to have the broader, more encompassing definition. H. "License" means this Collector's License - Temporary Roll -Off Bin Service. Placement of Multi -Family and Commercial Bins, regardless of size or type, for collection on a recurring basis, is not within the scope of this License. I. "Materials Recovery Facility" means (1) a facility licensed or permitted in accordance with the Public Resources Code at which secondary materials, such as mixed glass and metal containers are processed for sale; or (2) an entity which purchases and markets source -separated solid wastes and Recyclable Materials. LAX2:177346.4 —4— Draft Santa Clarita—COLLECTOR'S LICENSE- ROLL -OFF BIN SERVICE I "Multi -Family Bins" means Bins intended to be utilized for the temporary accumulation and collection of ResidentialSolidWaste from Multi -Family Units, collected on a recurring basis. Placement and collection of Multi -Family Bins is not within this License. K. "Multi -Family Units" means residential units such as apartments, condominiums and townhomes, other than Single Family Dwellings, which use Multi -Family Bins, and not Roll -Off Bins for the temporary accumulation and collection of Residential Solid Waste from other than Single Family Dwellings. The term "Multi -Family Units" does not include hotels, motels, nursing homes or convalescent centers, barracks, dormitories or other similar places, which are covered by this License. Solid waste accumulated or generated at Multi -Family Units and placed in Multi - Family Commercial Bins is not within the scope of this License. L. "Recyclable Material" means a commodity which is sold for compensation, or given away, but which is not discarded into the waste stream. A Recyclable Material which is discarded into a Temporary Roll -Off Bin loses its character as a Recyclable Material and becomes subject to this License. M. "Recyclable Solid Waste" means recyclable items which have been source -separated before having been discarded. N. "Residential Solid Waste" means all types of solid waste, including Green Waste and Recyclable Solid Wastes placed for collection by residential service recipients. "Residential Solid Waste" is not within the scope of this License. O. "Scavenging" means the unauthorized removal of Recyclable Solid Waste. Scavenging is prohibited by Public Resources Code § 41950. P. "Single Family Residence" or "Single -Family Dwelling" or "Single -Family Unit' generally means a detached building, or each unit of multi -family dwelling, with kitchen facilities, which utilizes one or more carts or cans and not a Multi -Family Bin, for the temporary accumulation and collection of Residential Solid Waste. Q. "Temporary Roll -Off Bin" means a container provided for temporary accumulation and collection of Solid Waste on a short-term, non-recurring basis, frequently for collection of Construction and Demolition Waste. Temporary Roll -Off Bins include solid waste containers with nominal capacities of 40 yards, or low -boys" but may be smaller, i.e., two (2), three (3), four (4), five (5) or six (6) cubic yards. LAX2:177346.4 -5- Draft Santa Cianta--COLLECTOR'S LICENSE - ROLLOFF BIN SERVICE SECTION 4. TERM. A. Temporary Roll -Off Bin services under this License may be provided for a maximum of two (2) years from the issuance of this LICENSE but in no event later than June 30, 1999. B. This License also requires LICENSEE to provide other services (e.g., access to landfill destination information, insurance and indemnification and an insurance policy repository) beyond the period during which temporary roll -off bin services are to be provided pursuant to this License. SECTIONS. LEVELS OF SERVICE. A. Public Health and Safety - General. In order to protect the public health and safety and control the spread of vectors, arrangements made by LICENSEE with its service recipients in the City of Santa Clarita for the collection of Temporary Roll -Off Bins provided by LICENSEE shall provide for the collection of all of such Temporary Roll -Off Bins, except for Construction and Demolition Waste in Temporary Roll -Off Bins; within ten (10) days after placement of the Temporary Roll -Off Bin, or as soon as the Temporary Roll -Off Bin is filled to capacity, whichever occurs first. B. Recycling Services. 1. Recyclable Solid Waste Collection. LICENSEE shall use its best efforts to process Recyclable Solid Waste through a Materials Recovery Facility in order to maximize the diversion of Solid Waste from landfilling. LICENSEE shall inform its roll -off bin customers of the benefits of MRF processing. To meet the objectives of AB 939, LICENSEE. shall market all Recyclable Solid Wastes collected pursuant to this License. 2. Scavenging - Discouragement. LICENSEE shall take whatever, if any, legal actions which may be appropriate and effective to discourage Scavenging of Recyclable Solid Waste from its Temporary Roll -Off Bins. C. Recycling Coordinator. LICENSEE shall have a staff person responsible for recycling operations, education and outreach, waste surveys, training, site specific recycling plans and diversion reporting. The staff person shall be referred to as the LICENSEE's "Recycling Coordinator." D. Green Waste Collection. LICENSEE shall collect and remove all Green Waste placed in Green Waste -designated Temporary Roll -Off Bins provided by LICENSEE. LICENSEE shall transport such source -separated Green Waste to permitted Green Waste composting and mulching facilities, or to landfills for use as Alternate Daily Cover. LAX2:177346.4 -6- Draft Santa Clarita—COLLECTOR'S LICENSE - ROLL -OFF BIN SERVICE E. Hours of Collection. LICENSEE agrees that, in order to protect the peace and quiet of residents, its arrangements for the collection of its Temporary Roll -Off Bins will provide that collections in commercial areas where noise from collection vehicles may be audible in residential areas shall not start before 6:00 a.m. or continue after 6:00 p.m. F. Customer Education Program. LICENSEE will develop and implement an Education Program with information with respect to AB 939 diversion goals, Green Waste programs and the importance of the safe disposal of Hazardous Waste. LICENSEE will provide and distribute literature in the form of fliers, cards, stickers or otherwise, to its Temporary Roll -Off Bin service recipients as LICENSEE determines to be most effective. LICENSEE may also utilize other promotional activities to achieve the goals of this License, including participation in Chamber of Commerce and other local activities, parades and civic events. Licensee will also participate and contribute to City sponsored public information efforts. SECTION 6. REPORTS AND RECORDS. LICENSEE shall cooperate with City to produce waste diversion reports and waste stream audits and to implement measures to achieve the City's source reduction, recycling and waste stream diversion goals. LICENSEE agrees to submit such reports and information by fax or typed format as required by the City. These reports are to include, but are not necessarily limited to, those listed below. A. Diversion Reports LICENSEE shall provide a quarterly statement showing the type of material, tonnage and each buyer/user, and net sales. LICENSEE shall provide a certification statement by responsible official under penalty of perjury. LICENSEE shall submit quarterly reports (to comply with California Integrated Waste Management Act) using the following quarterly breakdown: First Quarter - January, February and March Second Quarter - April, May and June Third Quarter - July, August and September Fourth Quarter - October, November and December On or before January 15 of each year, LICENSEE shall submit a year-end annual report to include a summary of the information contained in the quarterly reports and a discussion of highlights and other noteworthy experiences, along with measures taken to resolve problems, in- crease efficiency, and increase participation. LAX2a77346.4 -7- Draft Santa Clarita--COLLECTOR'S LICENSE - ROLLOFF BIN SERVICE B. Disposal Reports LICENSEE shall retain copies of landfill dump slips for each load collected in the City. LICENSEE shall maintain a list of the number of cubic yards pulled each month throughout the term of the contract. LICENSEE shall submit quarterly reports on solid waste landfilled, showing tonnage delivered to each landfill utilized for the disposal of Temporary Roll -Off Bin waste collected in the City, on the following quarterly basis: First Quarter - January, February and March Second Quarter - April, May and June Third Quarter - July, August and September Fourth Quarter - October, November and December C. Submittal of Reports Quarterly reports are due: First Quarter Reports Due - April 30 Second Quarter Reports Due - July 30 Third Quarter Reports Due - October 30 Fourth Quarter Reports Due - January 30 Reports shall be submitted to: Director of Public Works City of Santa Ciarita 25663 Avenue Stanford Santa Clarita, CA 91355 SECTION 7. OWNERSHIP OF TEMPORARY ROLL -OFF BIN WASTE. Ownership and the right to possession of Temporary Roll -Off Bin Waste placed in LICENSEE's Bins shall transfer directly from the service recipient to LICENSEE, by operation of law, and not as a result of this License. At no time shall the City obtain any right of ownership or possession of Temporary Roll -Off Bin Waste or Hazardous Waste placed for collection and nothing in this License shall be construed as giving rise to any inference that City has any such rights. SECTION 8. COMPLIANCE WITH LAWS AND REGULATIONS. LICENSEE warrants that it will comply with all applicable laws and regulations, as they, from time to time, may be amended, specifically including, but not limited to RCRA, CERCLA, AB LAX2:177346.4 —8— Daft Santa Clarita—COLLECTOR'S LICENSE - ROLLOFF BIN SERVICE 939 and all other applicable laws and regulations of the State of California, the ordinances of the City, the requirements of Local Enforcement Agencies and other agencies with jurisdiction, and all terms and conditions of this License. SECTION 9. RATES AND BILLING. A. Rates. The rates for all Temporary Roll -Off Bin Waste collection, transportation, recycling and disposal services shall be set by LICENSEE. B. Billing and Payment. 1. Itemized Bills. LICENSEE shall bill all Service Recipients for Temporary Roll -Off Bin services, and may do so in advance but shall not designate that portion of a service recipient's bill attributable to the permit fee as a separate item on service recipients' bills. LICENSEE shall include in its bills to service recipients any applicable fees imposed by action of the City Council, including, but not limited to AB 939 fees and Household Hazardous Waste program fees, in its bills, and shall remit such funds collected to City within 30 days. 2. License Fee; Payment. LICENSEE shall pay City a License Fee as required by the Santa Clarita Municipal Code, and per ton license fees as required by City Council Resolution. Monthly installment of the per ton license fee shall be due and payable to the City no later than 3:00 p.m., Pacific time, on the fifteenth (15th) day of each month. If the monthly installment is not so received by City, interest shall accrue at maximum interest rate permitted under California Law. SECTION 10. PRIVACY. A. General. LICENSEE shall strictly observe and protect the trade secrets and rights of privacy of service recipients. Information identifying individual service recipients, or the composition or contents of a service recipient's Temporary Roll -Off Bin Waste shall not be revealed to any person, governmental unit, private agency or company unless upon the authority of a court of law, by statute, or when necessary to report disposal of hazardous substances or Hazardous Waste into the Temporary Roll -Off Bin, or upon valid authorization of the service recipient. This provision shall not be construed to preclude LICENSEE from preparing, participating in, or assisting in the preparation of Commercial Solid Waste Characterization Studies or waste stream analyses which may be required by AB 939. B. Privacy Rights Cumulative. The rights accorded service recipients pursuant to this SECTION shall be in addition to any other privacy rights accorded service recipients pursuant to federal or state law. LAX2:177346.4 -9- Draft Santa Clarita—COLLECTOR'S LICENSE- ROLLOFF BIN SERVICE SECTION 11. SERVICE EXCEPTIONS; HAZARDOUS WASTE NOTIFICATIONS. A. Failure to Collect. When a Temporary Roll -Off Bin is not collected by LICENSEE from a service recipient, LICENSEE shall notify its service recipient at the time collection is not made, through the use of a "tag" or "sticker" or otherwise, of the reasons why the collection was not made. LICENSEE shall mark its Temporary Roll -Off Bins with conspicuous notices warning against the disposal of hazardous substances in Commercial Bins. B. Hazardous Waste Inspection and Reporting. LICENSEE reserves the right and has the duty under law to inspect Temporary Roll -Off Bin Waste put in a Temporary Roll -Off Bin for collection and to reject waste observed to be contaminated with hazardous substances. LICENSEE shall notify all agencies with jurisdiction including, if appropriate, the California Department of Toxic Substances Control and Local Emergency Response Providers and the National Response Center, of reportable quantities of Hazardous Waste, found or observed in anywhere within the City. In addition to other required notifications, if LICENSEE observes any substances which it or its employees reasonably believe or suspect to contain Hazardous Wastes unlawfully disposed of or released on any City property, including storm drains, streets or other public rights of way, LICENSEE will immediately notify the City Manager or the City Manager's designee. C. Hazardous Waste Diversion Records. LICENSEE shall maintain records showing the types and quantities, if any, of Hazardous Waste found in Temporary Roll -Off Bin Waste which was inadvertently collected by LICENSEE from Temporary Roll -Off Bin service recipients within the City, but diverted from landfilling. SECTION 12. COLLECTION EQUIPMENT. A. General. LICENSEE warrants that it shall provide an adequate number of vehicles and equipment for the collection, disposal and transportation services for which it is responsible under this License. Temporary Roll -Off Bins shall be serviceable and safe, with no sharp edges. Dump doors must operate properly. Bin placement shall be in accordance with City requirements. B. Graffiti. LICENSEE shall maintain its Bins in the City free of graffiti or "tagging" at all times. C. Bins to be Marked. LICENSEE shall mark all of its Temporary Roll -Off Bins in the City with conspicuous notices warning that the disposal of hazardous substances in Temporary Roll -Off Bins is prohibited. LAX2:177346.4 40- Draft Santa Clarity—COLLECTOR'S LICENSE- ROLLOFF BIN SERVICE SECTION 13. CUSTOMER SERVICE. The protection of public health, safety and welfare require that LICENSEE maintain an office accessible by a local phone number. At LICENSEE's expense, its regular and emergency telephone numbers shall be listed in Santa Clarita-area telephone directories under LICENSEE's name. SECTION 14. LICENSEE's BOOKS AND RECORDS; AUDITS. In addition to the record retention requirements below, LICENSEE shall maintain all records relating to the services provided hereunder, including, but not limited to, weight tickets, maps, AB 939 records, and customer complaints, for the full term during which services are to be provided pursuant to this License and an additional period of not less than three (3) years, or any longer period required by law. The City shall have the right, upon reasonable advance notice, to inspect, audit and copy all records relating to this License, including, but not limited to, weight tickets, AB 939 records and service recipient complaints, LICENSEE's payment of fees to City and records which may be relevant in the event of an action under CERCLA or related claims. In the absence of extraordinary circumstances, two (2) business days' notice shall be considered reasonable. Such records shall be made available to City at LICENSEE's regular place of business, but in no event outside the County of Los Angeles. SECTION 15. INDEMNIFICATION AND INSURANCE. A. Indemnification of City. Upon demand of the City, made by and through the City Attorney, LICENSEE shall protect, defend, indemnify and hold harmless City, its elected officials, officers, employees, volunteers and agents from and against any and all losses, liabilities, fines, penalties, claims, damages, liabilities or judgments, including City's or any prevailing party other than the City, attorneys' fees and costs, arising out of or resulting in any way from LICENSEE's exercise of this License, unless such claim is due to the sole negligence or willful acts of the City, its elected officials, officers, employees, agents or contractors. Upon demand of the City, made by and through the City Attorney, LICENSEE shall protect City and appear in and defend the City and its elected officials, officers, employees and agents, in any claims or actions by government agencies or other third parties, whether judicial, administrative or otherwise, including, but not limited to disputes and.litigation over the definitions of "Solid Waste" or "Recyclable Material" or the limits of City's authority with respect to the grant of Licenses, asserting rights under the Dormant Commerce Clause or any other federal or state law, including, but not limited to anti-trust laws, with respect to the provision of Solid Waste services. This provision shall survive the expiration of the period during which collection services are to be provided under this License. LAX2:177346.4 -11- Daft Santa Clarita--COLLECTOR'S LICENSE - ROLLOFF LIN SERVICE B. Hazardous Substances Indemnification. LICENSEE shall indemnify, defend, protect and hold harmless City, its elected officials, officers, employees, volunteers, agents, assigns and any successor or successors to City's interest from and against all claims, actual damages (including but not limited to special and consequential damages), natural resources damages, punitive damages, injuries, costs, response, remediation and removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties and expenses (including but not limited to attorneys' and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, City or its elected officials, officers, employees, volunteers or agents arising from or attributable to any repair, cleanup or detoxification, or preparation and implementation of any removal, remedial, response, closure or other plan (regardless of whether undertaken due to govern- mental action) concerning any hazardous substance in any Temporary Roll -Off Bin collected by LICENSEE pursuant to this License which is or has been transported, transferred, processed, stored, disposed of which has otherwise come to be located by LICENSEE, or its activities pursuant to this License result in a release of hazardous substances into the environment. With respect to Temporary Roll -Off Bin Waste collected by LICENSEE pursuant to this License which has been disposed of at places not owned or operated by LICENSEE, (1) LICENSEE shall indemnify the City, as provided above, or (2) if acceptable to City, may cause the owner or operator of the alternate facility to deliver a Hazardous Substances Indemnification in a form satisfactory to City; or (3) provide any combination of indemnification by the alternate facility and a LICENSEE's indemnification satisfactory to City. This indemnity is intended to operate as an agreement pursuant to § 107(e) of the Compre- hensive Environmental Response, Compensation and Liability Act, "CERCLA", 42 U.S.C. § 9607(e), and California Health and Safety Code § 25364, to defend, protect, hold harmless and indemnify City from all forms of liability under CERCLA, other statutes or common law for any and all matters addressed in this SECTION 45.13, and shall be limited to the extent of the City's liability. This provision shall survive the expiration of the period during which collection services are to be provided under this License. C. CERCLA Defense Records. City views the ability to defend against CERCLA and related litigation as a matter of great importance. For this reason, the City regards the ability to prove where Temporary Roll -Off Bin Waste collected in the City of Santa Clarita was taken for disposal, as well as where it was not taken, to be matters of concern. LICENSEE shall maintain data retention and preservation systems which can establish where Temporary Roll -Off Bin Waste collected in the City was landfilled (and therefore establish where it was not landfilled) and a copy or summary of the reports required by this license for fifty (50) years after the term during which collection services are to be provided pursuant to this License or to provide copies of such records to City. LICENSEE LAX2:177346.4 -12- Daft Santa Claris -COLLECTOR'S LICENSE - ROLLOFF BIN SERVICE agrees to notify City's Risk Manager and City Attorney before destroying such records. This provision shall survive the expiration of the period during which collection services are to be provided under this License. D. AB 939 Indemnification. LICENSEE agrees to meet the requirements of City's Source Reduction and Recycling Element with respect to the Temporary Roll -Off Bin Waste it collects within the City. In addition to its duties under SECTION 15 of this License, LICENSEE agrees to protect, defend, indemnify and hold City harmless against all fines or penalties imposed by the California Integrated Waste Management Board in the event the diversion, source reduction and recycling goals of AB 939 are not met by the City of Santa Clarita with respect to the waste stream covered by this License, or LICENSEE's delays in providing information prevent City from submitting reports required by AB 939 in a timely manner. The LICENSEE's liability under this Section shall be in proportion that waste hauled by LICENSEE bears to all waste collected in the City in a given calendar year. E. Workers' Compensation and Employers' Liability Insurance. LICENSEE shall obtain and maintain in full force and effect throughout the entire term of this License full workers' compensation insurance and Employers' Liability Insurance (with a minimum limit of ONE MILLION DOLLARS ($1,000,000.00) in accord with the provisions and requirements of the Labor Code of the State of California. Copies of policies and endorsements that implement the required coverage shall be filed and maintained with the City Clerk throughout the term of this License. The policy providing coverage shall be amended to provide that the insurance shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. The policy shall also be amended to waive all rights of subrogation against the City, its elected or appointed officials, employees, or agents for losses which arise from work performed by the named insured for the City. F. Liability Insurance. LICENSEE shall procure and maintain for the duration of the contract insurance against claims for injuries to persons of damage to property which may arise from or in connection with the performance of the work hereunder by LICENSEE, its agents, representatives, employees or subcontractors. (1) Minimum Scope of Insurance. Coverage shall be at least as broad as: (a) Insurance Services Office Commercial General Liability Coverage (occurrence form CG 0001). (b) Insurance Services Office form number CA 0001 (ED. 1/87) covering Automobile Liability, code 1 (any auto). LAX2:177346.4 -13- Draft Santa Clarita--COLLECTOR'S LICENSE - ROLLOFF BIN SERVICE (c) Workers' Compensation insurance as -required by the State of California and Employer's Liability Insurance. (2) Minimum Limits of Insurance. LICENSEE shall maintain limits no less than: (a) General Liability: $10,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (b) Automobile Liability: $10,000,000 per accident for bodily injury and property damage. (c) Employer's Liability: $1,000,000 per accident for bodily injury or disease. (3) Deductibles and Self -Insured Retention. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers, or (2) LICENSEE shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. (4) Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (a) The City, its officers, officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of LICENSEE, products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, agents or volunteers. (b) For any claim related to this License, LICENSEE's insurance coverage shall be primary insurance as respects the City. Any insurance or self- insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of LICENSEE's insurance and shall not contribute with it. LAX2:177346.4 -14- Draft Santa Clarita--COLLECTOR'S LICENSE - ROLLOFF BIN SERVICE (c) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents or volunteers. (d) LICENSEE's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (e) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. (5) Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A+. (6) Verification of Coverage. LICENSEE shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. As an alternative, LICENSEE's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. (7) Subcontractors. LICENSEE shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements- for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. The insurance required by this License is in addition to, and not in lieu or limitation of, the indemnification provisions in SECTIONS 15.A, 15.13 and 15.1), above. LICENSEE shall obtain the written consent of City's Risk Manager prior to changing insurers providing insurance under this License, which consent shall not be withheld unreasonably. G. Evidence of Insurance Coverage; Insurance Repository. Contemporaneously with the execution of this License, LICENSEE shall file copies of the policies or executed endorse- ments evidencing the above required insurance coverage with the City Clerk. In addition, City shall have the right of inspection of all insurance policies required by this License. LICENSEE also agrees to establish an insurance policy repository and to maintain copies of insurance policies required pursuant to this License for one hundred years (100 years) after the end of the term during LAX2:177346.4 -15- Orzft Santa Clarita—COLLECTOR'S LICENSE- ROLLOFF BIN SERVICE which collection services are to be provided pursuant to this License. LICENSEE shall notify City's Risk Manager and City Attorney before destroying copies of such policies. This provision shall survive the expiration of the period during which collection services are to be provided under this License. H. Self -Insurance. To the extent provided by law, all or any part of any required insurance may be provided under a plan of self-insurance approved by the State of California. I. Reduction of CERCLA and Other Liability. City and LICENSEE agree to meet annually in the fourth calendar quarter to discuss ways to reduce their respective potential CERCLA and other liabilities to third parties. SECTION 16. PERFORMANCE BOND. Hauler shall provide to the City a performance bond to guarantee the Hauler's faithful performance of its obligations under this Agreement. The performance bond, which shall be a bond issued by an admitted surety insurer, shall be in a principal sum of not less than $25,000.00, and in a form approved by the Public Works Director. SECTION 17. EMERGENCY SERVICE. A. Should LICENSEE for any reason whatsoever, except the occurrence or existence of any of the events or conditions set forth in SECTION 20.A, "Force Majeure," below, refuse or be unable for a period of more than seventy-two (72) hours, to collect a material portion or all of the Temporary Roll -Off Bin Waste which it is obligated under this License to collect, and as a result, Temporary Roll -Off Bin service recipients may contract with other solid waste enterprises for the collection of their Temporary Roll -Off Bins. B. LICENSEE will assist City in the event of major disaster, such as an earthquake, storm, riot or civil disturbance, by providing collection vehicles and drivers normally assigned to the City, at normal rates. SECTION 18. LICENSE TRANSFER; CITY CONSENT; FEES. A. This Collector's License - Temporary Roll -Off Bin Service shall not be transferred, sold, hypothecated, sublet or assigned (collectively "transferred"), nor shall any of the rights or privileges herein be transferred, either in whole or in part, nor shall title thereto, either legal or equitable, or any right, interest or property therein, pass to or vest in any person, either by act of LICENSEE or by operation of law, without the prior written consent of the City expressed by resolution. Any attempt to do any of the foregoing with respect to any of the rights herein without the consent of City shall be void. For purposes of this License,- any dissolution, merger, LVC2:1773346.4 -16- Draft Santa Clarita—COLLECTOR'S LICENSE - ROLLOFF BIN SERVICE consolidation, change in control or other reorganization of LICENSEE shall be deemed an assignment of this License. For purposes of this SECTION, a change of corporate name shall not be deemed to be a License transfer. B. The City shall not unreasonably withhold its consent to a transfer of the rights granted by this License. The City may impose reasonable conditions of approval on a transfer of the License. The applicant for the transfer shall demonstrate to the City's satisfaction that it has the operational and financial ability to carry out the obligations of the License. C. Any application for a License transfer shall be made in a manner prescribed by the City's Director of Public Works. The application shall include a License Transfer Application Fee in an amount to be set by City, by Resolution of the Council. The License Transfer Application Fee is intended to offset the City's anticipated costs of all reasonable and customary direct and indirect administrative expenses including consultants and attorneys, necessary to analyze the application. LICENSEE shall reimburse the City for all reasonable consultants', attorneys' and staff costs directly related to the City's consideration of the application for transfer not offset by the License Transfer Application Fee, whether or not the City approves the application for transfer of the License. City's request for reimbursement under this SECTION shall be supported with evidence of the expense or cost incurred. LICENSEE shall reimburse City within thirty (30) days of receipt of City's request for reimbursement. D. Notwithstanding the above, the LICENSEE shall be entitled to pledge, encumber, or grant any security interest in the License provided that LICENSEE shall first notify and obtain City consent to such transaction, subject to the following conditions: 1. Any consent so granted by City shall not be deemed a consent to the exercise by such pledgee, encumbrancer or secured party of any rights of the holder under the franchise, permit, license or other authorization unless so noted by the City. 2. Any consent so granted by City shall not be deemed a consent to any subsequent transfer or assignment as referred to herein. Any such subsequent transfer or assignment shall be deemed an assignment of the franchise, permit, license or other authorization within the meaning of this SECTION, and shall be void without the prior written consent of the City expressed by resolution. 3. The pledgee, encumbrancer, or secured party shall have executed and delivered to City an instrument in writing agreeing to be bound by the provisions of the franchise, permit, license or other authorization. LAX2:177346.4 —17— Duft Santa CMta—COLLECTOR'S LICENSE - ROLL -OFF BIN SERVICE SECTION 19. TERMINATION. City shall have the right to revoke this License for any of the following reasons: LICENSEE is convicted of a violation of laws related to the safe collection and disposal of solid waste; 2. If LICENSEE becomes insolvent, unable or unwilling to pay its debts, or upon listing of an order for relief in favor of LICENSEE in a bankruptcy proceeding; If LICENSEE fails to provide or maintain in full force and effect, the workers compensation, liability and indemnification coverage as required by this license; 4. If LICENSEE willfully violates any orders or rulings of any regulatory body having jurisdiction over LICENSEE relative to this License, provided that LICENSEE may contest any such orders or rulings by appropriate proceedings conducted in good faith, in which case no breach of the License shall be deemed to have occurred until a final decision adverse to LICENSEE is entered; If LICENSEE ceases to provide collection service as required under this License over all or a substantial portion of its Permit Area for a period of seven (7) days or more, for any reason within the control of LICENSEE; 6. If LICENSEE willfully fails to provide City with required information in a timely manner as provided in the License; or 7. Any other act or omission by LICENSEE which materially violates the terms, conditions or requirements of the License. SECTION 20. GENERAL PROVISIONS. A. Force Majeure. LICENSEE shall not be in breach of the conditions of this License in the event that the LICENSEE's ability to perform is temporarily interrupted for any of the following reasons: riots; war or national emergency declared by the President or Congress and affecting the City of Santa Clarita; sabotage; civil disturbance; insurrection; explosion; natural disasters such as floods, earthquakes, landslides and fires; strikes, lockouts and other labor disturbances; or other catastrophic events which are beyond the reasonable control of LICENSEE. "Other catastrophic events" does not include the financial inability of LICENSEE to perform or failure of LICENSEE to obtain any necessary permits or licenses from other governmental agencies or the right to use the facilities of any public entity where such failure occurs where LICENSEE has failed to exercise reasonable diligence. LAx2:I77146.4 -18- D2R Santa Clarita—COLLECTOR'S LICENSE - ROLLOFF BIN SERVICE B. Independent Status. LICENSEE is an independent entity and not an officer, agent, servant or employee of City. LICENSEE is solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors, if any. Nothing in this License shall be construed as creating a partnership or joint venture between City and LICENSEE, nor an arrangement for the disposal of hazardous substances. Neither LICENSEE nor its officers, employees, agents or subcontractors shall obtain any rights to retirement or other benefits which accrue to City employees. C. Pavement Damage. Normal wear and tear on City streets resulting from general vehicular traffic excepted, LICENSEE shall be responsible for damage to City's driving surfaces, whether or not paved, resulting from the operation of LICENSEE's vehicles providing Temporary Roll -Off Bin collection services within the City. LICENSEE understands that the exercise of this License may involve operation of its collection vehicles over private roads and streets. Disputes between LICENSEE and its service recipients as to damage to private pavement are civil matters and complaints of damage will be referred to LICENSEE as a matter within its sole responsibility and as a matter within the scope of SECTION 15.A., above. D. Property Damage. Any physical damage, including, but not limited to bin -wheel damage, caused by the negligent or willful acts or omissions of employees of LICENSEE to public or private property shall be repaired or replaced by LICENSEE at LICENSEE's sole expense. Except as provided in SECTIONS 15 and 20.C, above, this License does not purport to affect, in any way, LICENSEE's civil liability to any third parties. E. Law to Govern; Venue. The law of the State of California shall govern this Lice- nse without regard to any otherwise governing principles of conflicts of laws. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Los Angeles. In the event of litigation in a U.S. District Court, exclusive venue shall lie in the Central District of California. F. Fees and Gratuities. LICENSEE shall not, nor shall it permit any officer, agent or employee to, request, solicit, demand or accept, either directly or indirectly, any gratuity for the collection of Temporary Roll -Off Bin Waste to be collected under this License. G. AB 939; Amendments. This License is part of City's efforts to comply with the provisions of the California Integrated Waste Management Act of 1989, ("AB 939") as it from time to time may be amended and as implemented by the regulations of the California Integrated Waste Management Board ("Regulations"), as they from time to time may be amended, and the City's Source Reduction and Recycling Element, as it may be amended from time to time: In the event that AB 939 or other state or federal laws or regulations enacted or amended after this License has been executed, prevent or preclude compliance with one or more provisions of this License, or LAX2:177346.4 -19- Draft Santa CMta--COLLECTOR'S LICENSE - ROLL -OFF BIN SERVICE significantly increase LICENSEE'S costs, such provisions of this License shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations. H. Amendments. All amendments to this License shall be in writing duly executed by the parties. Purported oral amendments shall be void and of no force and effect. I. Notices. All notices required or permitted to be given under this License shall be in writing and shall be personally delivered or sent by telecopier or United States certified mail, postage prepaid, return receipt requested, addressed as follows: To City: City Manager City of Santa Clarita 23920 Valencia Boulevard, Suite 300 Santa Clarita, California 91355-2196 Telecopier Number (805) 259-8125 Copy to: Director of Public Works City of Santa Clarita - 25663 Avenue Stanford Santa Clarita, California 91355 Copy to: City Attorney City of Santa Clarita Burke, Williams & Sorensen 611 West Sixth Street, Suite 2500 Los Angeles, California 90017 Telecopier Number (213) 236-2700 or to such other address as either party may from time to time designate by notice to the other given in accordance with this SECTION. Notice shall be deemed effective on the date personally served or if mailed, three (3) business days from the date such notice is deposited in the United States mail. I Savings Clause and Entirety. If any provision of this License shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the validity and enforceability of any of the remaining provisions of this License. WITNESS the issuance and acceptance of this License on the day and year written above. CITY OF SANTA CLARITA LAX2:177346.4 —20— Draft Sarna CWta—COLLECTOR'S LICENSE- ROLLOFF BIN SERVICE By: LICENSEE'S ACCEPTANCE AND CERTIFICATION - BY RESPONSIBLE OFFICER: I, [Insert name of corporate official executing the LICENSEE] represent, certify and warrant, on behalf of the LICENSEE that am familiar with the requirements of this License, and that LICENSEE by signing and accepting this License, LICENSEE certifies and agrees that LICENSEE will satisfy all conditions and requirements of this Collector's License -Temporary Roll -Off Bin Service, and that I am authorized to execute this application. LAX2:177346.4 -21- Draft Santa Clarita—COLLECTOR'S LICENSE - ROLL -OFF BIN SERVICE TABLE OF CONTENTS PAGE SECTION 1. COLLECTOR'S LICENSE - TEMPORARY ROLL -OFF BIN SERVICE....... 2 A. License Obligations.................................................2 B. License Scope......................................................2 C. Other Services......................................................3 SECTION 2. LICENSE FEE ..................................................... 3 SECTION 3. DEFINITIONS.................................................... 3 A. "AB 939"or"Act ......... ...........................................3 B. "Bins" or "Commercial Bins" ......................................... 3 C. "Commercial Premises" .............................................. 4 D. "Commercial Solid Waste" ........................................... 4 E. "Construction and Demolition Waste" .................................. 4 F. "Green Waste" or "Yard Waste" ....................................... 4 G. "Hazardous Waste".................................................4 H. "License".........................................................4 I. "Materials Recovery Facility" ......................................... 4 J. "Multi -Family Bins" ................................................ 5 K. "Multi -Family Units" ................................................ 5 L. "Recyclable Material"...............................................5 M. "Recyclable Solid Waste"............................................5 N. "Residential Solid Waste" ............................................ 5 O. "Scavenging"......................................................5 P. "Single Family Residence" or "Single -Family Dwelling" or "Single -Family Unit" .............................................. 5 Q "Temporary Roll -Off Bin" ............................................ 5 SECTION4. TERM............................................................6 SECTIONS. LEVELS OF SERVICE .............................................. 6 A. Public Health and Safety - General ...................................... 6 B. Recycling Services..................................................6 LAX2:177346.4 —i— Draft Santa Clarita—COLLECTOR'S LICENSE - ROLLOFF BIN SERVICE 1. Recyclable Solid Waste Collection ............................... 6 2. Scavenging- Discouragement...................................6 C. Recycling Coordinator...............................................6 D. Green Waste Collection .............................................. 7 E. Hours of Collection ................................................. 7 F. Customer Education Program ......................................... 7 SECTION 6. REPORTS AND RECORDS .......................................... 7 A. Diversion Reports...................................................7 B. Disposal Reports...................................................8 C. Submittal of Reports ................................................ 8 SECTION 7. OWNERSHIP OF TEMPORARY ROLL -OFF BIN WASTE . ............... 8 SECTION 8. COMPLIANCE WITH LAWS AND REGULATIONS . .................... 9 SECTION 9. RATES AND BILLING .............................................. 9 A. Rates............................................................9 B. Billing and Payment.................................................9 1. Itemized Bills ................................................. 9 2. License Fee; Payment . ......................................... 9 SECTION 10. PRIVACY.......................................................9 A. General........................................................9 B. Privacy Rights Cumulative ........................................... 10 SECTION 11. SERVICE EXCEPTIONS; HAZARDOUS WASTE NOTIFICATIONS...... 10 A. Failure to Collect . ................................................. 10 B. Hazardous Waste Inspection and Reporting .............................. 10 C. Hazardous Waste Diversion Records ................................... 10 SECTION 12. COLLECTION EQUIPMENT ....................................... 10 A. General . ........................................... ...........10 B. Graffiti..........................................................10 LAX2:177346.4 —II— Draft Santa Clarita--COLLECTOR'S LICENSE - ROLLOFF BIN SERVICE C. Bins to be Marked ........................ .......................11 SECTION 13. CUSTOMER SERVICE . .......................................... 11 SECTION 14. LICENSEE's BOOKS AND RECORDS; AUDITS . ..................... 11 SECTION 15. INDEMNIFICATION AND INSURANCE ............................. 1 I A. Indemnification of City ............................................. 11 B. Hazardous Substances Indemnification ................................. 12 C. CERCLA Defense Records . ............................................. 13 D. AB 939 Indemnification............................................... 13 E. Workers' Compensation and Employers' Liability Insurance........................................................13 F. Liability Insurance ................................................. 13 G. Evidence of Insurance Coverage; Insurance Repository ..................... 16 H. Self-Insurance.................................:..................16 I. Reduction of CERCLA and Other Liability .............................. 16 SECTION 16. CASH BONDS .................................................. 16 SECTION 17. EMERGENCY SERVICE ......................................... 17 SECTION 18. LICENSE TRANSFER; CITY CONSENT; FEES ....................... 17 SECTION 19. TERMINATION ................................................. 19 SECTION 20. GENERAL PROVISIONS ......................................... 19 A. Force Majeure....................................................19 B. Independent Status.................................................20 C. Pavement Damage.................................................20 D. Property Damage..................................................20 E. Law to Govern; Venue ..............................................20 F. Fees and Gratuities.................................................20 G. AB 939; Amendments..............................................21 H. Amendments.....................................................21 I. Notices..........................................................21 J. Savings Clause and Entirety ......................................... 22 LAX2:177346.4 -iii-