HomeMy WebLinkAbout1997-04-22 - AGENDA REPORTS - REPLACEMENT BUS (2)AGENDA REPORT
City Manager Approval
Item to be presented by:
Ron Kilcoyne
CONSENT CALENDAR
DATE: April 22, 1997
SUBJECT: PURCHASE OF ONE REPLACEMENT BUS AND ONE EXPANSION BUS
FOR LOCAL SERVICE
DEPARTMENT: Public Works
• '• PL►Ip
On February 6, 1997 an electrical fire destroyed the engine on bus 113, one of the Gillig Spirits used
for local bus service. Although the bus is owned by the City, the City's contract with ATC requires
that they provide the insurance for all transit vehicles. ATC's insurance carrier determined that the
bus could not be repaired to return to service. The value of the bus was determined to be $33,387.50.
The City has received a check from the insurance carrier for this amount.
The City owns thirteen 27 foot Gillig Spirits, including the vehicle described above. Although
officially designated as a heavy duty transit bus, these vehicles have smaller engines and are
structurally lighter than the Gillig Phantom or Grumman transit buses that the City also owns. The
earliest that the City can replace these vehicles using Federal transit funds is 2001. Therefore,
keeping these vehicles running requires extra effort and each of the remaining twelve Spirits will
need to be temporarily removed from service over the next several months for engine work.
Considering these facts, ATC and City staff concurred that the insurance proceeds should be used
to acquire a heavier duty vehicle (which by necessity would be an older vehicle) and if possible more
than one vehicle to increase the spare ratio so that more buses can be pulled from service for major
maintenance work.
ATC and City staff have evaluated available used buses. Based on this evaluation, staff is proposing
to acquire two 35 foot 1981 Gillig Phantoms. The City currently owns five 35 foot Gillig Phantoms
for use in local transit service. The total cost of the two vehicles is $33,000. These buses were
previously operated by the Central Contra Costa Transit Authority in Northern California. They have
been well maintained, are air conditioned and show no signs of corrosion or body deterioration.
Adding an extra bus will not increase operating costs. The contract between the City and ATC is
based on revenue vehicle hours. Both parties agreed to an hourly rate for each of the three types of
service provided, and this is adjusted annually based on the local CPI. Therefore the number of
Q� Agenda I %-#
revenue vehicle hours operated, not the size of the bus fleet, determines the annual operating budget.
RECOMMENDATION
City Council approve and authorize staff to purchase one 35 foot Gillig Phantom for replacement
of a bus removed from service and one 35 foot Gillig Phantom for fleet expansion from Transit Sales
International for $33,000, and appropriate $33,000 to account number 5400-8610 for the purchase
of the buses.
CITY OF SANTA CLARITA
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:
S'1SOLWA TEN MIM177346.6
FOR CITY USE ONLY
License No.
File No.
LAX2:177346.4
Draft Santa Clarita—COLLECTOR'S LICENSE. ROLL -OFF 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:
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 9397)(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 alia, 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 Collectors 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
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Oran Santa Cladta--COLLECTOR'S LICENSE • ROLL -OFF 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
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Draft Santa Clarita--COLLECTOR'S LICENSE - ROLL -OFF 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. DEFINITIONS
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
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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.
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I "Multi -Family Bins" means Bins intended to be utilized for the temporary
accumulation and collection of Residential Solid Waste 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.
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Draft Santa Clarita-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.
SECTION 5. 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.
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Daft Santa Clarita—COLLECTOR'S LICENSE. ROLLOFF 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.
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Draft Santa Clarita--COLLECTOR'S LICENSE - ROLLOFF SIN 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 Clarita
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
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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.
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Draft Santa Cladta--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.
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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 93.9 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.
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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
A matters addressed in this SECTION 15.13, 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-
Draft Santa Clarim--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).
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Draft Santa Clarita--COLLECTOR'S LICENSE - ROLL -OFF 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 shalt 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.
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Draft Santa Clanta-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, 153 and 15.13, 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
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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 $50,000.00, 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 Collectors 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,
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Draft Sano Clarila—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-
Draft Santa Clarita-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;
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;
3. 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;
5. 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
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.
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DrzB Santa Clarita—COLLECTOR'S LICENSE- ROLL -OFF 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
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Draft Santa Clarita--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
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Draft Santa Clarita--COLLECTOR'S LICENSE - ROLLOFF BIN SERVICE
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 I 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.
By:
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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
SECTION 4. TERM............................................................6
SECTION 5. LEVELS OF SERVICE .............................................. 6
A. Public Health and Safety - General ...................................... 6
B. Recycling Services...............................................6
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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
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Daft Santa Claita-COLLECTOR'S LICENSE - ROLL -OFF BIN SERVICE
C. Bins to be Marked..................................................11
SECTION 13. CUSTOMER SERVICE . .......................................... 11
SECTION 14. LICENSEE's BOOKS AND RECORDS; AUDITS . ..................... I1
SECTION 15. INDEMNIFICATION AND INSURANCE ............................. 11
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-