HomeMy WebLinkAboutCR&R Franchise Agreement Amendment No. 1 07-01-2016AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE AND
CR&R INCORPORATED, FOR THE COLLECTION, TRANSPORATION, RECYCLING,
COMPOSTING AND DISPOSAL OF SOLID WASTE, RECYCLABLES, COMPOSTABLES,
YARD WASTE, CONSTRUCTION DEBRIS, TEMPORARY BINS AND ROLLOFF BIN
SERVICES
This Amendment No. 1 the Franchise Agreement ( "Amendment No. V) is entered into as of July
1, 2016, by and between the City of Lake Elsinore, a municipal corporation ( "City ") and CR &R,
Incorporated, a California corporation ( "Grantee ").
RECITALS
A. The City and Grantee have entered into that certain Agreement Between the City of Lake
Elsinore and CR &R Incorporated, DBA Lake Elsinore Environmental, for the Collection,
Transportation, Recycling, Composting, and Disposal of Solid Waste, Recyclables,
Compostables, Yard Waste, Construction Debris, Temporary Bins, and Roll -off Bin Services,
dated as of June 9, 1992 and revised as of June 18, 1992 (the "Franchise Agreement ").
B. The purpose of this Amendment No. 1 is to comply with the requirements of Assembly Bill
1826 that the City adopt an organic waste and recycling program. Grantee, as City's sole refuse
franchisee, desires to develop and implement the City's organic waste and recycling program (the
Organics Recycling Program ") and provide services reasonably necessary to implement the
program.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein,
City and Grantee agree as follows:
1. Section II of the Franchise Agreement, Definitions, is hereby amended to add the
following:
F. Organic Waste
Organic Waste" shall mean food waste, green waste, landscape and
pruning waste, compostables, nonhazardous wood waste and soiled paper
waste that is mixed in with food waste. Organic Waste does not include
waste types specified as "Special Wastes."
2. Subpart B.5 of Section V of the Franchise Agreement, Services Provided by Grantee, is
hereby amended as to the category "Green Container" to read as follows:
GREEN CONTAINER:
Grass Clippings
Leaves
Twigs
Tree Trimmings
Weeds
Lumber
Manure
Food Scraps /Food Waste
Exhibit A - First Amendment to CR&R Franchise Agmt
3. Subsection B. of Section V of the Franchise Agreement, Services Provided by Grantee, is
hereby amended to add the following:
6. Effective January 1, 2017, Grantee shall direct all residential
Organic Waste generated within the City Limits to its Anaerobic Digester
Processing Facility (AD Facility) located in Perris, California. All Organic
Waste processed in the AD Facility shall be diverted from the landfill and
receive diversionary credit. Costs for this service shall be as set forth in
Exhibit C, Schedule of Rates. Grantee shall also make available a Kitchen
Food Scrap Pail, upon individual customer request, to single family
residential service customers. The first Food Scrap Pail will be provided at
no cost. Additional or replacement Food Scrap Pails will be subject to the
charges as set forth in Exhibit C, Schedule of Rates.
4. Subsection E. of Section V of the Franchise Agreement, Services Provided by Grantee, is
hereby amended to add the following:
4. Effective January 1, 2017, Multi - Family, Commercial and Industrial
customers will have the option of diverting their organic waste through the
Organics Recycling Program provided by Grantee. These services will
require a separate Grantee provided bin or cart depending upon the
individual customer's organic waste generation rates. All Organic Waste
will be collected in separate Organic Waste collection vehicles. Organic
Waste will be processed at Grantee's Anaerobic Digestion Facility located
in Perris, California. Organic waste shall be diverted from the landfill and
receive full diversionary credit. These new services will meet all State of
California Organics Recycling requirements as .provided in Assembly Bill
1826. The costs for these services shall be charged as provided in Exhibit
C, Schedule of Rates.
5. Subsection L of Section V of the Franchise Agreement, Services Provided by Grantee, is
hereby amended to add the following:
9. Grantee shall arrange to remove and dispose of illegally discarded
materials within 20 feet of the public right of way in the City. This service
shall be completed within two (2) business days from its observation by the
Grantee or a request for removal from the City, as the case may be. Illegally
discarded materials must not be on private property. Abandoned vehicles
or appliances larger than conventional household furniture as well as
hazardous, special and /or bio- hazardous wastes are exempt from the
above service requirements, provided however that of these exempted
items shall be immediately reported to the City.
6. Subsection B of Section VI of the Franchise Agreement, AB 939 Compliance, is hereby
amended in its entirety to read as follows:
B. Composting
Grantee shall collect all Organic Waste set out for collection and shall
deliver all such materials to Grantee's Anaerobic Digestion Facility located
in Perris, California.
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7. Section VI of the Franchise Agreement, A6939 Compliance, is hereby amended to add
the following:
C. Mandatory Commercial Recycling
Grantee shall implement recycling and organic diversion programs for
commercial entities in accordance with the requirements of AB 341
Mandatory Commercial Recycling) and AB 1826 (Organic Waste).
Grantee and City shall use its best efforts to bring commercial entities that
meet the criteria of AB 341 and AB 1826 in compliance with State Law.
Recyclable materials collected from those accounts shall be processed and
diverted away from the landfill. If these customers desire to commence a
source separated recycling program, a recycling container shall be
provided by Grantee and customers shall be charged as set forth Exhibit
C, Schedule of Rates.
8. Subsection C of Section XXIII of the Franchise Agreement, Indemnification and Insurance,
is hereby amended in its entirety to read as follows:
C. AB 939 Indemnification.
Grantee agrees to protect, defend, with counsel approved by City, and
indemnify City against all fines or penalties imposed by CalRecycle in the
event the source reduction and recycling goals of AB 939, the disposal
reduction goals of SB 1016, the commercial recycling goals of AB 341 or
the organic diversion goals of AB 1826 are not met by the City with respect
to the waste stream collected under this Franchise Agreement providing
that CR&R is negligent and at fault. City shall use commercial reasonable
efforts to assist Grantee in the implementation of existing or new recycling
and organics diversion programs which are imposed by CalRecycle.
9. Exhibit C, Schedule of Rates to the Franchise Agreement (and updates thereto), is hereby
replaced by the amended Exhibit C, Schedule of Rates, attached hereto as Attachment 1 and
incorporated herein as though set forth in full.
10. Except for the changes specifically set forth herein, all other terms and conditions of the
Franchise Agreement and any unnumbered amendments thereto shall remain in full force and
effect.
Remainder of page intentionally left blank; signatures on next page. ]
Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be executed
on the respective dates set forth below.
CITY"
CITY OF LAKE ELSINORE,
a municipal corporation
GRANTEE"
CR &R INCORPORATED,
a California corporation
I
Grant Y . City Manager By: -a -
Date. 2/
ATTEST:
City-clerk
APPROVED AS TO FORM:
Date :UST
City Attorney
Page 4
ATTACHMENT NO. 1
Exhibit C - Schedule of Rates
To be attached]
EXHIBIT "C"
Schedule of Rates
effective July 1, 2016, unless otherwise noted)
3 Fully automated single family residential refuse collection, recycling, composting,
transfer and disposal:
Monthly Rate: $ 24.37
4 Fully automated single family residential additional refuse collection, recycling and
composting container:
Monthly Rate: $ 11.67
5 Single family residential additional bulky item pick up:
Per Pick Up (above the minimum of two per calendar year): $ 11.71
Senior Citizens 65 and older and Active Military Personnel deployed into a conflict zone are entitled to a
10% discount
6 Commercial, industrial, and multi - family residential refuse monthly bin rates (one 3 cubic yard bin)
with the following pick ups per week:
1 x week 152.06
2 x week 273.24
3 x week 409.00
4 x week 544.72
5 x week 680.44
6 x week 816.16
7 Commercial, industrial, and multi - family residential refuse monthly bin rates (one 1 -1/2 cubic yard bin)
with the following pick ups per week:
1 x week 114.45
2 x week 215.72
3 x week 322.94
4 x week 430.15
5 x week 537.34
6 x week 644.72
8 Temporary 3 cubic yard bin rate: 104.53 per bin
9 Redeliver and reinstatement rate: 47.97 per occurrence
10 40 cubic yard roll -off bin rate: 278.14 MRF /landfill fees
I1 10 cubic yard roll -off /lowboy bin rate: 278.14 MRF /landfill fees
12 Corn Bin and RO Setup Fee 40.80
13 Residential Cart Setup Fee 20.14
14 Residential Delinquency Processing Fee 39.00
Organic AD Rates
Effective January 1, 2017 and subject to approval of Amendment No.l to Franchise Agreement.)
Residential Rate per Home 1.95
Additional Food Scrap Pail 7.00
Anaerobic Digester Rate Per Ton 72.50
Commercial, industrial, and multi - family residential noo -toed monthly bin rates (one 1 -1/2 cubic yard
bin) with the following pick ups per week:
1 x week 135.72
2 x week 259.35
3 x week 388.83
4 x week 518.30
5 x week 647.75
6 x week 777.38
Commercial, industrial, and multi- family residential food monthly bin rates (one 1 -1/2 cubic yard bin)
with the following pick ups per week:
1 x week 182.81
2 x week 353.53
3 x week 530.10
4 x week 706.66
5 x week 883.20
6 x week 1,059.92
Commercial, industrial, and multi - family residential non -food monthly bin rates (64- gallon cart) with the
following pick ups per week:
1 x week 36.13
2 x week 72.26
3 x week 108.39
4 x week 144.52
5 x week 180.65
6 x week 216.78
Commercial, industrial, and multi - family residential food monthly bin rates (64- gallon cart) with the
following pick ups per week:
1 x week 48.46
2 x week 96.92
3 x week 145.38
4 x week 193.84
5 x week 242.30
6 x week 290.76