HomeMy WebLinkAbout101021p
NOTICE OF THE
REGULAR SESSION OF
THE FOUNTAIN HILLS TOWN COUNCIL
TIME: 6:30 P.M. - REGULAR SESSION
WHEN: THURSDAY, OCTOBER 21, 2010
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
PROCEDURE FOR ADDRESSING THE COUNCIL
Anyone wishing to speak before the Council must fill out a speaker’s card and submit it to the
Town Clerk prior to Council discussion of that Agenda item. Speaker Cards are located in
the Council Chamber Lobby and near the Clerk’s position on the dais.
Speakers will be called in the order in which the speaker cards were received either by the Clerk
or the Mayor. At that time, speakers should stand and approach the podium. Speakers are
asked to state their name prior to commenting and to direct their comments to the Presiding
Officer and not to individual Councilmembers. Speakers’ statements should not be
repetitive. If a speaker chooses not to speak when called, the speaker will be deemed to have
waived his or her opportunity to speak on the matter. Speakers may not (i) reserve a portion
of their time for a later time or (ii) transfer any portion of their time to another speaker.
If there is a Public Hearing, please submit the speaker card to speak to that issue during
the Public Hearing.
Individual speakers will be allowed three contiguous minutes to address the Council. Time
limits may be waived by (i) discretion of the Town Manager upon request by the speaker not
less than 24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the
Mayor either prior to or during a Meeting. Please be respectful when making your
comments. If you do not comply with these rules, you will be asked to leave.
Mayor Jay T. Schlum
Vice Mayor Dennis Brown Councilmember Tait D. Elkie
Councilmember Dennis Contino Councilmember Cassie Hansen
Councilmember Ginny Dickey Councilmember Henry Leger
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AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Jay T. Schlum
INVOCATION – Pastor Mark Derksen, True North Congregation
ROLL CALL – Mayor Jay T. Schlum
MAYOR’S REPORT
i) The Mayor will read a Proclamation declaring October 24, 2010, “World Polio Day”.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) Recognition of Jerry Caldwell , Gary Goodell, Sherry Leckrone, and Paul McDonald
honoring their service on the Planning and Zoning Commission.
ii) Presentation by Alice Brovan, a Fountain Hills Chamber Players’ representative,
relating to their role in the cultural life of Fountain Hills.
iii) Presentation by Economic Development Administrator Lori Gary on the Customer
Loyalty Program.
CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the agenda. Any
such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place, and manner
restrictions. The Council will not discuss or take legal action on matters raised during “Call to the Public” unless the
matters are properly noticed for discussion and legal action. At the conclusion of the call to the public, individual
Councilmembers may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a
future Council agenda.
CONSENT AGENDA
1. CONSIDERATION of SPECIAL EVENTS being coordinated by the Town of Fountain Hills
Community Services Department: Halloween on the Avenue (October 30, 2010) and the
Turkey Trot 5K Run and Fitness Walk (November 25, 2010). Sections of the Avenue of the
Fountains will be closed during both events.
2. CONSIDERATION of a SPECIAL EVENT APPLICATION for the Fountain Festival of
Arts and Crafts, sponsored by the Fountain Hills Chamber of Commerce, to be held
November 12, 2010, through November 14, 2010. Sections of the Avenue of the Fountains,
Parkview Avenue, Verde River Drive and Saguaro Boulevard will be closed for the event.
3. CONSIDERATION of a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted
by Gisela H. Navone (American Legion Auxiliary, Unit 58) for the purpose of a fundraiser
that is scheduled to be held November 12-13, 2010, from 9 a.m. to 6 p.m. and November 14,
2010, from 10 a.m. to 6 p.m., for a beer garden to be located on Saguaro Boulevard at
Palisades Boulevard and west of Fountain Park as part of the Fountain Festival of Arts and
Crafts Special Event application.
4. CONSIDERATION of an APPLICATION FOR A PERMANENT EXTENSION OF
PREMISES/PATIO PERMIT submitted by Merita Kraja for the purpose of providing space
by adding 323 square feet to their existing patio area for additional service associated with
Euro Pizza Cafe, located at 12645 N. Saguaro Boulevard, #11, Fountain Hills, AZ.
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5. CONSIDERATION of AUTHORIZING the emergency expenditure and estimated budget
authorization of $20,000 for the emergency repair of utility lines to the medians from Verde
River Drive to La Montana Drive.
REGULAR AGENDA
6. CONSIDERATION of a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Tait Daniel Elkie (representing the Veterans of Foreign Wars, Post #7507, located at 16847 E. Parkview Avenue, Suite 204, Fountain Hills, AZ) for the purpose of a fundraising event to be held on the Avenue of the Fountains at the intersection with Saguaro Boulevard, which is scheduled to be held on Friday and Saturday, November 12 and 13, 2010, from 9:00 a.m. to 10:00 p.m., and Sunday, November 14, 2010, from 10:00 a.m. to 10:00 p.m.
7. CONSIDERATION of a FINAL REPLAT, Tract C, Parcel B, at Sunridge Canyon. (This replat subdivides the existing Tract C into two tracts – Tract D and Tract E). Case# S2010-01.
8. CONSIDERATION of RESOLUTION 2010-03, accepting ownership of Tract E of the Final Replat of Tract C., Parcel B at Sunridge Canyon from the SunRidge Canyon Community Association. REA#2007-01
9. DISCUSSION of amending the Fountain Hills Town Code, Article 10-1, relating to SOLID WASTE REGULATIONS and discussion of accepting the recommendation of the selection committee regarding the Solid Waste request for proposal.
10. CONSIDERATION of ORDINANCE 10-05, amending the Fountain Hills Town Code relating to consumer fireworks.
11. CONSIDERATION of RESOLUTION 2010-02, declaring as a public record that certain document filed with the Town Clerk and entitled the “Town of Fountain Hills, Design Review Regulations, for Single Family Tract Housing”.
12. PUBLIC HEARING to receive comments on ORDINANCE 10-04, adopting a new Chapter 22 – “Tract Housing Regulations, for Single Family Tract Housing” by reference; adopting amendments to the Zoning Ordinance of the Town of Fountain Hills; and providing penalties for violations. Case #Z2010-01
13. CONSIDERATION of ORDINANCE 10-04, adopting a new Chapter 22 – “Tract Housing Regulations, for Single Family Tract Housing” by reference; adopting amendments to the Zoning Ordinance of the Town of Fountain Hills; and providing penalties for violations. Case #Z2010-01
14. CONSIDERATION of APPOINTING a new municipal judge for the Town of Fountain Hills for a two-year term and APPROVING an employment agreement.
15. QUARTERLY UPDATE by the Town Manager on progress of implementing Council’s GOALS for FY2010 -11.
16. COUNCIL DISCUSSION/DIRECTION to the Town Manager.
Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council:
A. None.
17. SUMMARY of COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Town Manager.
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18. ADJOURNMENT.
DATED this 14th day of October 2010.
Bevelyn J. Bender, Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100
(voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or
to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda
are available for review in the Clerk’s office.
NOTICE OF THE
REGULAR SESSION OF
THE FOUNTAIN HILLS TOWN COUNCIL
TIME: 6:30 P.M. - REGULAR SESSION
WHEN: THURSDAY, OCTOBER 21, 2010
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
PROCEDURE FOR ADDRESSING THE COUNCIL
Anyone wishing to speak before the Council must fill out a speaker’s card and submit it to the
Town Clerk prior to Council discussion of that Agenda item. Speaker Cards are located in
the Council Chamber Lobby and near the Clerk’s position on the dais.
Speakers will be called in the order in which the speaker cards were received either by the Clerk
or the Mayor. At that time, speakers should stand and approach the podium. Speakers are
asked to state their name prior to commenting and to direct their comments to the Presiding
Officer and not to individual Councilmembers. Speakers’ statements should not be
repetitive. If a speaker chooses not to speak when called, the speaker will be deemed to have
waived his or her opportunity to speak on the matter. Speakers may not (i) reserve a portion
of their time for a later time or (ii) transfer any portion of their time to another speaker.
If there is a Public Hearing, please submit the speaker card to speak to that issue during
the Public Hearing.
Individual speakers will be allowed three contiguous minutes to address the Council. Time
limits may be waived by (i) discretion of the Town Manager upon request by the speaker not
less than 24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the
Mayor either prior to or during a Meeting. Please be respectful when making your
comments. If you do not comply with these rules, you will be asked to leave.
Mayor Jay T. Schlum
Vice Mayor Dennis Brown Councilmember Tait D. Elkie
Councilmember Dennis Contino Councilmember Cassie Hansen
Councilmember Ginny Dickey Councilmember Henry Leger
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AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Jay T. Schlum
INVOCATION – Pastor Mark Derksen, True North Congregation
ROLL CALL – Mayor Jay T. Schlum
MAYOR’S REPORT
i) The Mayor will read a Proclamation declaring October 24, 2010, “World Polio Day”.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) Recognition of Jerry Caldwell , Gary Goodell, Sherry Leckrone, and Paul McDonald
honoring their service on the Planning and Zoning Commission.
ii) Presentation by Alice Brovan, a Fountain Hills Chamber Players’ representative,
relating to their role in the cultural life of Fountain Hills.
iii) Presentation by Economic Development Administrator Lori Gary on the Customer
Loyalty Program.
CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the agenda. Any
such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place, and manner
restrictions. The Council will not discuss or take legal action on matters raised during “Call to the Public” unless the
matters are properly noticed for discussion and legal action. At the conclusion of the call to the public, individual
Councilmembers may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a
future Council agenda.
CONSENT AGENDA
1. CONSIDERATION of SPECIAL EVENTS being coordinated by the Town of Fountain Hills
Community Services Department: Halloween on the Avenue (October 30, 2010) and the
Turkey Trot 5K Run and Fitness Walk (November 25, 2010). Sections of the Avenue of the
Fountains will be closed during both events.
2. CONSIDERATION of a SPECIAL EVENT APPLICATION for the Fountain Festival of
Arts and Crafts, sponsored by the Fountain Hills Chamber of Commerce, to be held
November 12, 2010, through November 14, 2010. Sections of the Avenue of the Fountains,
Parkview Avenue, Verde River Drive and Saguaro Boulevard will be closed for the event.
3. CONSIDERATION of a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted
by Gisela H. Navone (American Legion Auxiliary, Unit 58) for the purpose of a fundraiser
that is scheduled to be held November 12-13, 2010, from 9 a.m. to 6 p.m. and November 14,
2010, from 10 a.m. to 6 p.m., for a beer garden to be located on Saguaro Boulevard at
Palisades Boulevard and west of Fountain Park as part of the Fountain Festival of Arts and
Crafts Special Event application.
4. CONSIDERATION of an APPLICATION FOR A PERMANENT EXTENSION OF
PREMISES/PATIO PERMIT submitted by Merita Kraja for the purpose of providing space
by adding 323 square feet to their existing patio area for additional service associated with
Euro Pizza Cafe, located at 12645 N. Saguaro Boulevard, #11, Fountain Hills, AZ.
Z:\Council Packets\2010\R10-21-10\101021A.docx Last printed 10/14/2010 8:28 AM Page 3 of 4
5. CONSIDERATION of AUTHORIZING the emergency expenditure and estimated budget
authorization of $20,000 for the emergency repair of utility lines to the medians from Verde
River Drive to La Montana Drive.
REGULAR AGENDA
6. CONSIDERATION of a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Tait Daniel Elkie (representing the Veterans of Foreign Wars, Post #7507, located at 16847 E. Parkview Avenue, Suite 204, Fountain Hills, AZ) for the purpose of a fundraising event to be held on the Avenue of the Fountains at the intersection with Saguaro Boulevard, which is scheduled to be held on Friday and Saturday, November 12 and 13, 2010, from 9:00 a.m. to 10:00 p.m., and Sunday, November 14, 2010, from 10:00 a.m. to 10:00 p.m.
7. CONSIDERATION of a FINAL REPLAT, Tract C, Parcel B, at Sunridge Canyon. (This replat subdivides the existing Tract C into two tracts – Tract D and Tract E). Case# S2010-01.
8. CONSIDERATION of RESOLUTION 2010-03, accepting ownership of Tract E of the Final Replat of Tract C., Parcel B at Sunridge Canyon from the SunRidge Canyon Community Association. REA#2007-01
9. DISCUSSION of amending the Fountain Hills Town Code, Article 10-1, relating to SOLID WASTE REGULATIONS and discussion of accepting the recommendation of the selection committee regarding the Solid Waste request for proposal.
10. CONSIDERATION of ORDINANCE 10-05, amending the Fountain Hills Town Code relating to consumer fireworks.
11. CONSIDERATION of RESOLUTION 2010-02, declaring as a public record that certain document filed with the Town Clerk and entitled the “Town of Fountain Hills, Design Review Regulations, for Single Family Tract Housing”.
12. PUBLIC HEARING to receive comments on ORDINANCE 10-04, adopting a new Chapter 22 – “Tract Housing Regulations, for Single Family Tract Housing” by reference; adopting amendments to the Zoning Ordinance of the Town of Fountain Hills; and providing penalties for violations. Case #Z2010-01
13. CONSIDERATION of ORDINANCE 10-04, adopting a new Chapter 22 – “Tract Housing Regulations, for Single Family Tract Housing” by reference; adopting amendments to the Zoning Ordinance of the Town of Fountain Hills; and providing penalties for violations. Case #Z2010-01
14. CONSIDERATION of APPOINTING a new municipal judge for the Town of Fountain Hills for a two-year term and APPROVING an employment agreement.
15. QUARTERLY UPDATE by the Town Manager on progress of implementing Council’s GOALS for FY2010 -11.
16. COUNCIL DISCUSSION/DIRECTION to the Town Manager.
Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council:
A. None.
17. SUMMARY of COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Town Manager.
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18. ADJOURNMENT.
DATED this 14th day of October 2010.
Bevelyn J. Bender, Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100
(voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or
to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda
are available for review in the Clerk’s office.
A Partnership between
Town of Fountain Hills & Town Center Group
Customer Loyalty Program
Purpose:
Encourage shoppers to spend money locally
Reward shoppers who patronize businesses
participating in the program.
Customer Loyalty Program
How it works:
Loyalty cards are available at any participating
business.
Shopper get a stamp on the card for eligible visits.
Fill all twelve spaces on the card and leave it with the
last business to stamp the card.
The card is placed in a monthly drawing.
The prizes valued between $25 and $50.
Customer Loyalty Program
Kicked off December 2009 (10 months)
Original 6 participating businesses:
American Family Insurance –Dee Harrison
CSI Printing
Fantastic Sams
Gridley's of Fountain Hills
Sonoran Lifestyle Real Estate
Town of Fountain Hills
Customer Loyalty Program
Marketing efforts:
To the businesses:
Direct mail
One on one
Brochure included in business license renewals
To residents:
Advertisements (Fountain Hills Times &MoneySaver Coupon)
Posters & flyer in participating businesses.
Program brochures in dog license renewals.
Customer Loyalty Program
Program Today:
66 businesses
22.2% increase since June.
87 filled loyalty cards
128.9% increase since June.
11 residents awarded prizes
Customer Loyalty Program
Special Promotion: “Bigger Is Better”
Residents:
Pick up a card &
start shopping!
Businesses:
Become a part
of the program.
Single Hauler Consolidation
A Recommendation to the Town Council
Richard L. Davis, ICMA-CM
Town Manager
Introduction
I want to express appreciation to the numerous elected officials, staff members, and citizens that have
expended their energy and expertise on an endeavor to bring this very important issue before the
Council. Indeed, discussions regarding trash hauling consolidation are rumored to have followed closely
behind incorporation. To be sure, serious discussion of the initiative that is before you today predates
my coming on board with the Town.
I and our staff recognize and appreciate that there exist those on both sides of this issue who feel
strongly about their positions. Others may be indifferent. Regardless, the Town has gone to great
lengths to ensure that the process associated with the development of this initiative was inclusive and
transparent. The following is a chronology of events associated with the single hauler initiative:
Feb 12, 2008 -- Council Executive & Special Session. On Behalf of the Environment Steering
Committee, Staff presented to Council information for discussion with possible direction to staff
regarding Environmental Policy. The proposed policy information was part of the Council’s goal
setting exercise held at the 2007 council retreat. As part of the presentation it was noted that
there were approximate 42 environmental items studied. The top ten were presented and
effective curbside recycling emerged the number one proposed policy priority. At the time of
this meeting, only three of the five haulers providing services to the town offered curbside
recycling. The subject surfaced regarding the Town of Fountain Hills moving towards a single
hauler for trash and recycling services, suggesting that we monitor the Town of Queen Creek’s
process.
May 2008 -- Town Council Adopted Resolution 2008-18 establishing Environmental Policies for
the Town.
The Environmental Committee held several meetings and continued to discuss the possibility for
a mandated curbside trash and recycling program for all single- family residential homes in
Fountain Hills. Several communities that had gone through or were going through the transition
from multiple haulers to a unified hauler were contacted and we requested and obtained their
information on RFP’s and the processes for transition.
December 4, 2008 -- Members of the environmental sub-committee met with three of the five
haulers servicing the Town and they were all asked the same series of questions. All of the
providers at the meeting were asked if they would participate in the bid process and they all
replied “yes”. A subsequent meeting was held with the two remaining haulers and they were
asked the same series of questions.
On December 18, 2008 -- Staff presented at a Council work study session on the committees
activities related to the single provider for trash and recycling study. The Council raised a
number of questions and it was suggested that the Council hold another work study session to
discuss the issues at the end of January, 2009.
The Committee continued gathering information during the month of January and researched
questions from the council.
January 27, 2009 -- Staff presented information to the Town Council at a work study session.
Council requested that a public information meeting be held to gain citizen input on the issue of
a single hauler system. Staff noted that there was also to be an on-line survey on the Town’s
website to gather public input. The Council had also given staff a number of questions that
needed to be answered.
February 2, 2009 -- Staff provided the answers to the question raised by the council at the
January work study session. A Town Hall style public meeting was scheduled for February 24,
2009 at the Community Center. Appropriate advertisement for the meeting was provided.
February 24, 2009 – Staff conducted the scheduled public meeting at the Community Center
relating to a unified hauler for trash and recycling services. There were 60 residents that
attended the meeting. The incentive program Recycle Bank was unveiled as part of the services
at that meeting. It was also announced at the meeting that on March 1, 2009 the Town would
have the on-line survey ready to deploy.
March 1, 2009 -- The on-line survey was deployed using the same set of questions asked at the
February 24th meeting.
March 17, 2009 -- Staff reviewed and tabulated the results of the on-line survey.
March 23, 2009 -- Staff received a report from the Town Attorney relating to HOA’s participation
in the Town of Fountain Hills assuming the responsibility of Town-wide unified solid waste
services.
March 30, 2009 -- The sub-committee met with the Town Attorney and discussed the report
received on March 23, 2009. Also discussed was the progress of the Town of Queen Creek.
Questions of billing and collections were a major topic of the meeting. At this meeting it was
determined the sub-committee would recommend the full committee bring forward a
recommendation to the Council that the Town continue to monitor the Town of Queen Creek
RFP process.
March 31, 2009 -- The full Environmental Committee met and determined that another meeting
with the Town Attorney was necessary for additional information concerning the March 23,
2009 report.
April 28, 2009 -- The committee met with the Town Attorney and it was further explained that
the Town acting as the service provider would provide service for all single-family homes and
could not exclude HOA’s. It was also clarified that the Town would contract billing services for
the activity. The committee also agreed to continue to monitor the progress of Queen Creek.
May 12, 2009 -- Staff presented a work study session report that recommended a single hauler
scenario including the provision of trash pickup and recycling in single-family neighborhoods,
including HOA’s, as the preferred option for the Town. The results from the public town hall
meeting and the on-line survey were shared with the Council. The Council did inquire as to the
cost for services. It was communicated to the Council that a determination of cost would
require that a Request for Proposal be issued and bids for services obtained. After the work
study session, staff was directed to assemble a “Scope of Work” (SOW) relative to trash and
recycling services for single- family homes. The SOW was reviewed by the committee and
appropriate levels of management. A request for legal services was submitted to the Town
Attorney along with the SOW on July 14, 2009. The Attorney was asked to produce the Request
for Proposals (RFP) for a Unified Hauler for Trash and Recycling services for single-family homes.
Work continued on refining the RFP until October 1, 2009.
October 13, 2009 -- Staff updated the council at a work study session on the Request for
Proposal. Questions regarding costs continue to surface. Staff again clarified the need to issue
the RFP as a means of discovering cost. Council asked that input from the HOA’s be
incorporated into the RFP.
November 2, 2009 -- A letter was sent to HOA’s and area HOA management companies
regarding the RFP. Information highlighting key points of the DRAFT RFP was outlined in the
letter. HOAs were also instructed to look for additional publications concerning the DRAFT RFP
and process and that the DRAFT RFP would be made available on the Town’s website. HOAs
were also instructed to provide input on the DRAFT RFP. Copies of the DRAFT RFP and highlights
were distributed to the Town Council and a request for input was issued. During this time, all
questions or concerns were either answered or submitted to the Town Attorney for
consideration.
December 9, 2009 -- The DRAFT RFP was placed on the Town’s website. A follow-up letter was
sent to area HOAs and HOA management companies with the DRAFT RFP highlights. HOA’s
were asked to return comments on the DRAFT RFP prior to the February 2010 Council work
study session. Work continued on the DRAFT RFP as comments came in from council members
and citizens. During this time, all questions or concerns were either answered or submitted to
the Town Attorney for consideration.
January 7, 2010 -- A follow-up letter was sent to area HOAs and HOA management companies
with the DRAFT RFP highlights. They were asked to return comment by January 21, 2010 for
inclusion in the report for the February 9, 2010 council meeting.
February 11, 2010 -- Staff presented at a Council work study session regarding the Unified Trash
Collection and Recycling RFP. It was reported that the RFP was near the final draft and that
concerns and issues raised over the previous three months worth of advertising were either
answered or incorporated into the RFP.
April 7, 2010 -- The RFP for a Unified Hauler was released for public bid and a June 9, 2010
deadline was given for RFP submittals. A required pre-submittal meeting was scheduled for
May 6, 2010.
May 6, 2010 -- The pre-submittal meeting was held at Town Hall for those participating in the
RFP process.
Between May 13 and August 19 2010 three addendums to the RFP were issued to those who
submitted bids to the RFP.
Staff is currently reviewing and making recommendations for contract approval for a unified
hauler for trash and recycling services for single-family residential homes in Fountain Hills.
In my administrative role, it was my responsibility to ensure that our governing body receives the most
comprehensive information possible with regard to advantages and disadvantages associated with
consolidated trash hauling. I have indeed endeavored to do so and I believe this has been
accomplished. It is also my responsibility to, after the myriad public and staff meetings I attended and
after the innumerable pages of information I’ve turned relevant to this initiative and after the hundreds
of discussions and exchanges I’ve enjoyed with citizens, officials, and colleagues in and out of Town
government, to offer my advice and recommendation to you this evening.
It is therefore with no little amount of study and deliberation that I do indeed recommend
implementation of this single trash hauler initiative. I base this recommendation upon three positive
expected outcomes associated with implementation. These are:
The preservation of the Town’s roadway system
The elevation of quality of life
The infusion of cash into our local economy
Preservation of the Town’s roadway system
Little controversy surrounds the premise that large trucks, such as trash hauling vehicles, have an impact
on our roadway system. Likewise, it is safe to assume that the more trucks that travel the streets of
Fountain Hills every day, the greater the impact on our roads. We have meanwhile been successful in
acquiring some interesting study findings from across the country pertinent to the impacts of trash
hauling on city roadway systems.
In the City of Kelso, Washington in 2007 commissioned a study by the Transpo Group, a
consultant from Kirkland, Washington, to determine the impact of trash hauling on their streets.
The findings indicated that a 60,000 pound gross weight garbage truck has the equivalent
impact of up to 5,100 passenger cars on the high end and 1,020 on the low end. The study also
indicates that a single garbage truck represents approximately 21% of axle loads on a typical
local street over a one-week period.
The City of Chanhassen, Minnesota found meanwhile in 1993 that waste collection vehicles
carry road impacts equal to 1,125 passenger vehicles. That city, before consolidation, hosted
five haulers and calculated the impact of those trucks in terms of extra trips. The conclusion
was that those five haulers carried an impact equal to 8,250 additional passenger car trips.
The City of Bonestroo, Minnesota’s study concluded that each truck equates to 830 passenger
cars in terms of impact.
Roseville, Minnesota’s study concluded that one truck equals 1,000 cars.
The Minnesota Department of Transportation current utilizes the same factor of 1,000 cars per
trash hauling truck.
The engineer consulting firm of Hubbell, Roth & Clark performed a study for the City of
Bloomington, Illinois. The conclusion was that a single trip of a typical waste hauler with three
axles and approximately 18,000 pounds per axle equates in impact to 1,400 car trips, based on
Equivalent Single Axle Load (ESAL) factors. Further, this firm also concluded that damage to any
given road for one truck equates to damage created by approximately 1,000 cars on that same
road.
A study in Washtenaw County, Michigan concluded that six haulers equates to 6,000 additional
trips per week.
The University of Michigan’s Transportation Research Institute conducted a study focused
specifically on the road impacts of trash truck starting and stopping. The study concluded that,
depending on speed and weight, starting and stopping of these vehicles represents a 50 to 100%
increase in roadway damage.
While it is impossible for our staff to validate every aspect or element associated with these and
countless other studies, since in fact we had no role in producing them; and while we will not attempt to
argue in support of the methodologies employed in these studies, we can with significant confidence
make some determinations and then utilize these to extrapolate to a conclusion with regard to what we
believe represents the current impact of trash hauling on our roadway system.
First, it is apparent that study after study indicates that trash hauling vehicles cause a disproportionate
amount of wear and damage to streets. It is also interesting and fairly conclusive that most of the
studies have coalesced around the figure or factor of 1,000 passenger cars per trash hauling vehicle to
describe impact. Base on internal data, we also know:
Five trash hauling entities currently serve Fountain Hills.
These companies, combined, place 8 to 10 trucks in the Town daily. Consolidated hauling is
expected to take that number to less than two per day, a more than 80% reduction.
Trash hauling is performed primarily five days per week.
Town annual expenditures for road maintenance and repairs average approximately $800,000.
Our consideration of these facts, combined with findings associated with national private sector and
governmental studies, allows us to conclude that the current road impact of trash hauling on the
Fountain Hills roadways system is approximately $92,000 annually. A movement therefore to
consolidate hauling can be rationally expected to yield roadway savings of $92,000, based on an
expected 80% reduction in trash truck traffic. As the Town considers methods for meeting the
significant roadway needs of the community, and as significant investments are made in the Town’s
roadway system, this number becomes even more significant.
The Elevation of Quality of Life
The next aspect of our recommendation addresses quality of life. As we discuss quality of life, I would
like to specifically focus on four elements that directly and significantly impact the quality of life in our
neighborhoods. These are 1) neighborhood safety, 2) noise, 3) aesthetics, and 4) air quality.
The first three elements can be addressed succinctly. When everyday is “trash day” and as many as 50
garbage trucks meander the streets of Fountain Hills every week, safety, noise, and aesthetics are
directly impacted. Many of our streets lack walkways that allow pedestrians to avoid using the
shoulders of roads for walking, jogging, or bicycling. Close encounters between pedestrians and the
fleet of trucks that service Fountain Hills is common and safety is compromised with more trucks on the
streets. Since every day is indeed garbage day, the noise associated with truck traffic is a constant.
Next, the aesthetic quality of any given neighborhood is impacted by the reality that there generally
exists no day from Monday to Friday when refuse cans are not visible at curbside.
Perhaps the most impactful quality of life factor pertains to air quality. Fountain Hills already suffers
from geography and air currents that allow a significant amount of emissions into our community. In
fact, the American Lung Association ranks the Mesa/Scottsdale Area number one is year round
particulate pollution. Again, based on a factor of 10 trucks per day and 50 per week, garbage trucks in
Fountain Hills emit 287.36 metric tons of carbon annually, based on an EPA formula. Fully implemented
consolidation will, as noted before, reduce truck presence to nine per week. This will reduce carbon
emissions by 206.02 metric tons annually.
The EPA on September 3, 2010 issued a rejection of the County’s PM-10 plan. This edict holds the
potential of costing the State and communities of Arizona billions in Federal highway funding. The
County will need to re-qualify with EPA and thus recapture Federal funding by meeting particulate
emissions standards at each of the monitoring stations. As we embark upon this endeavor, it is
incumbent upon us to do what we can to limit large truck activity within our jurisdiction.
Economic Impact
Finally, as we studied the effects of single hauler consolidation and as the specific elements of the
current initiative became more apparent, positive economic impacts emerged. These impacts are best
articulated in terms of money returned to citizens and funds injected into the local economy.
First, staff has determined, based on interviews with haulers and citizens, as well as a review of current
hauler pricing among haulers, the average residence pays approximately $16 monthly for refuse service.
Consolidation would bring that number to $11.44 per month, a savings of nearly 30%. Multiplied by
10,000 residences, the number of homes in Fountain Hills that we estimate will be able to immediately
participate in this new initiative, it is reasonable to expect a more than half-million dollar savings
annually to the residents of Fountain Hills.
Next, as this initiative proposes participation in Recycle Bank, a program which incentivizes recycling by
making retail coupons available to recyclers based on the amount recycled, there emerges yet another
way for residents and ultimately our community to benefit economically. In fact, staff discussions with
representatives of Recycle Bank have indicated that residents of Fountain Hills could expect from $5 to
$7 per month in coupons that can be used at local stores. An August 27, 2010 article published in a
South Carolina newspaper “The Island Packet” quotes another Recycle Bank representative as stating
that the average Recycle Bank participant (nationally) redeems $250 per year or $20.83 per month.
The benefits of Recycle Bank can be viewed in two ways. First, given a modest estimate of $5 per month
in local coupons, this program could infuse our community with as much as $600,000 annually. This
figure does not include any multiplier effect or factor associated with this infusion of cash into our local
economy. Further, from another perspective, if in fact a resident were to receive a $5 dollar discount
monthly to a local store (by the way, a store of his/her choice), the net monthly residential cost of refuse
service could be lowered to $6.44. No other arrangement in the Town currently offers any such
incentive.
Conclusion and Recommendation
This report to the Council is not intended to accomplish anything beyond simply providing the basis for
why staff would support this initiative. Studies, statistics, and conclusions can and will be disputed and
scrutinized long past any decision. Nevertheless, based on the information that became available over
the course of this two-year process, as such supports the premise that the community will significantly
benefit from consolidated trash service, we recommend all actions necessary to implement this
initiative. Again this recommendation is based on the following expected outcomes:
$92,000 annual savings in road maintenance.
206 metric ton reduction annually in trash truck emissions.
$600,000 more annual infusion into our local businesses.
$500,000 in citizen savings associated with trash services.
A Recommendation to the Town Council
•Preservation of roadways
•Elevation of quality of life
•Economic benefits
•Five trash hauling entities
•8 to 10 trucks daily
•Hauling is primarily five day per week
•Annual road maintenance and repairs average $800,000
$92,000 in road expense.
•Safety
•Noise
•Aesthetics
•Air Quality
Mesa/Scottsdale Area number one in year round particulate
pollution.
Reduce 206.02 metric tons annually.
•$500,000 in annual citizen savings.
•$600,000 injected annually into local economy.
•Safer and quieter streets
•Cleaner streets
•Street maintenance savings
•Reduction in pollution
•Infusion of cash into local businesses
•Citizen savings
1346277.3
TOWN OF FOUNTAIN HILLS
SOLID WASTE DISPOSAL
AND
RECYCLING REGULATIONS
1346277.3
ARTICLE 10-1 SOLID WASTE DISPOSAL AND RECYCLING
DIVISION 1 Generally
10-1-1 Purpose and Scope
10-1-2 Definitions
10-1-3 Collection Services Mandatory; Exemption
10-1-4 Collection Services Generally
10-1-5 Access to Premises Serviced by Town
10-1-6 Spilling of Refuse during Transport
10-1-7 Dumping of Refuse
10-1-8 Use of Another’s Containers
10-1-9 Tampering with Container and Contents
10-1-10 Resident Responsibilities Generally
10-1-11 Hazardous Waste and Special Refuse
10-1-12 Hours of Collection
10-1-13 State and Local Authority
10-1-14 Inspections and Container Violations
10-1-15 Violations and Citations
DIVISION 2 Residential Collection and Disposal Service
10-1-20 Town has Exclusive Right to Collect Refuse
10-1-21 Collection Service Required
10-1-22 Preparation of Refuse for Collection
10-1-23 Container Damage or Loss
10-1-24 Placement of Collection Containers
10-1-25 Frequency of Residential Solid Waste Collection
DIVISION 3 Commercial and Private Haulers - Reserved
DIVISION 1 GENERALLY
Section 10-1-1 Purpose and Scope.
The purpose of this Article is to protect the health and safety of the citizens of the Town and to
protect the environment by establishing minimum standards for the storage, collection, treatment,
transportation, processing and disposal of Solid Waste and Recyclables.
Section 10-1-2 Definitions.
The following words, terms and phrases, when used in this Article, shall have the meanings
ascribed to them in this Section, except where the context clearly indicates a different meaning.
“Alley” means a public passageway affording a secondary means of access to abutting property
for utility, emergency and Solid Waste vehicles.
1346277.3 2
“Ashes” means all residue from the burning of any combustible material, but does not include
ashes from medical waste, Hazardous Waste or special waste.
“Bulk Trash” means all manmade materials that are bulky or cumbersome such as washers, hot
water heaters and other appliances, sofas, tables, beds and other large household furniture, yard
waste and other Refuse items which by size, shape or quantity will not fit into a residential roll-
out container.
“Collection Container” means a Solid Waste Cart, a Recycling Cart, and/or a Green Waste
Cart.
“Collection Employee” means any individual employed by the Town for the purpose of
effectuating the provisions of this Article.
“Collection Services” means curb-side pick up of Solid Waste, Recyclable Materials and Green
Waste.
“Commingle” means to blend or cause to blend together.
“Commercial Solid Waste Generator” means any Person owning, leasing, managing, renting
or occupying any business, home-based business, industrial or commercial building, or
construction site, which generates Refuse, Solid Waste or Recyclables.
“Construction Waste” means all waste building materials and rubble resulting from
construction, remodeling, repair and demolition operations on commercial, institutional and
industrial establishments, Dwelling Units, garages, pavements, streets, Alleys, trenches, ditches,
underground utilities, excavations and other structures. Construction waste includes but is not
limited to rocks, debris, dirt, brick, fill, plaster, and all types of scrap building materials,
including but not limited to lumber scraps, shingles, plaster, brick, stone and concrete.
“Contaminate” means to spoil, pollute or make unclean so as to make something unfit for use.
“Customer” means, and includes, any entity, property owner, manager, agent, tenant or
occupant of a property within the Town.
“Director” means the Town of Fountain Hills Development Services Department Director or his
authorized designee. If the Town does not have a Development Services Director, the Town
Manager or authorized designee shall be the Director.
“Dwelling Unit” means any building or structure used solely as a family domicile, including
single-family and multifamily units, apartments, Townhouses, condominiums, rooming houses
and boarding houses, and manufactured homes.
1346277.3 3
“Garbage” means all putrescible wastes, except sewer and body wastes, including all organic
wastes prepared for or intended to be used as food or which have resulted from the preparation of
food, including all such substances from public and private establishments and residences.
“Green Waste Cart” means a receptacle with wheels with a capacity of up to approximately 96
gallons designed or intended to be mechanically dumped into a load-packer type garbage truck
for the collection of yard waste from Residential Service Units.
“Hazardous Waste” means any discarded material hazardous by reason of its pathological,
explosive, flammable, radiological, corrosive, reactive, or toxic nature. The term shall mean any
material that can cause damage or injury to property or Persons. Hazardous waste includes but is
not limited to any chemical, compound, mixture, substance, product or other material which is a
hazardous waste pursuant to ARIZ. REV. STAT. § 49-921 as may be amended from time to time,
or Code of Federal Regulations, Part 261.
“Licensed Solid Waste Contractor” means any Person, firm or entity holding a license issued
by the Town that permits the Licensed Solid Waste Collector to operate within the Town for the
purpose of providing Solid Waste Collection Services to Commercial Solid Waste Generators.
“Medical Sharps” means discarded sharps used in human or animal care, medical research, or
clinical laboratories. This includes hypodermic needles, syringes, pipettes, scalpel blades, blood
vials, needles attached to tubing, broken and unbroken glassware, and slides and coverslips. The
term medical sharps shall have the same definition as set forth in the Arizona Administrative
Code R18-13-1401 as may be amended from time to time.
“Medical Waste” means any Solid Waste that is generated in the diagnosis, treatment, or
immunization of a human being or animal or in any research relating to that diagnosis, treatment
or immunization, or in the production or testing of biologicals, and includes discarded drugs, but
does not include hazardous wastes as defined in ARIZ. REV. STAT. § 49-921 other than
conditionally exempt small quantity generator waste, and shall have the same meaning as set
forth in ARIZ. REV. STAT. § 49-701 as may be amended from time to time.
“Notice” means a written instrument served by the Town in one of the following manners, with
time commencing from date of mailing, serving, filing or recording:
1. By the use of United States mail to the last known address of the Person to whom
it is required to be given.
2. By personal service upon the Person or his lawful representative.
“Person” means any individual, corporation, partnership, company, firm, association, society or
other entity of any legal form.
“Premises” means land, buildings, or other structures, or parts thereof.
1346277.3 4
“Recyclable Material or Recyclables” means any Solid Waste separated from other Solid
Waste for the purpose of being recycled. Recyclables may include, but are not limited to metals,
plastics, glass, cardboard and paper.
“Recycling” means the process of collecting, separating, cleansing, treating and reconstituting
post-consumer materials that would otherwise become Solid Waste and returning them to the
economic stream in the form of raw material for reconstituted products.
“Recycling Cart” means a receptacle with wheels with a capacity of up to approximately 96
gallons designed or intended to be mechanically dumped into a loader-packer type garbage truck
for the Collection of Recyclables from Residential Service Units and special events.
“Refuse” means “Solid Waste.”
“Residential Service Unit” means a Dwelling Unit for which Collection Services may be
provided utilizing individual Collection Containers for each Dwelling Unit and which is not part
of a multifamily residential building for which Solid Waste and Recyclables are collected in
dumpsters.
“Solid Waste” means all wastes and materials discarded. Solid Waste includes but is not limited
to Bulk Waste, Construction Waste, Garbage, Hazardous Waste, Medical Sharps, Medical
Waste, Trash and Yard Waste.
“Solid Waste Cart” means a receptacle with wheels with a capacity of up to approximately
96 gallons designed or intended to be mechanically dumped into a loader-packer type garbage
truck for the Collection of Residential Solid Waste.
“Solid Waste Collection Services” means the collection and disposal, including the cost of
landfills, and other disposal technology required to dispose of Solid Waste and the collection,
sorting, sale and disposal of Recyclable Materials.
“Town-Supplied Containers” means those Collection Containers supplied to Residential
Service Units by the Town or its contractor, whether or not the cost of the container was paid for
by the Town.
“Trash” means rubbish, waste, debris and all other nonputrescible wastes.
“Yard Waste” means brush, grass and vegetation clippings, weeds, twigs, leaves, limbs,
branches and trunks from trees, palm fronds and general yard, garden and tree rubbish and waste
materials.
Section 10-1-3 Collection Services Mandatory; Exemption.
A. Except as specifically set forth in this Section, not later than July 1, 2011 and continuing
thereafter, every Residential Service Unit within the Town’s corporate limits shall be
provided with Solid Waste Collection Services, Recyclable Materials Collection Services
1346277.3 5
and Green Waste Collection Services by the Town through a contract with a third party,
and the resident thereon shall pay the cost of such Collection Services.
B. This Section shall not apply to a model home complex not used as a Dwelling Unit.
C. Upon determination of eligibility by the Town Manager or authorized designee, the
July 1, 2011 deadline set forth in Subsection 10-1-3(A) above shall not apply to homes
that have contracts in place which were entered into prior to December 1, 2010 and which
do not expire prior to July 1, 2011. If deemed eligible, the date upon which
Subsection 10-1-3 will be come effective for each such home shall be the date of
expiration for that contract, subject to Subsection 10-1-3(D) below. To be eligible for
delayed implementation as set forth in this Subsection 10-1-3(C), a homeowner or
homeowner’s association, as the case may be, must provide a fully-executed and valid
copy of the contract to the Town Manager or designee not later than February 1, 2011.
D. Notwithstanding Subsection 10-1-3(C) above, in no event shall the delayed
implementation date for Collection Services be extended beyond July 1, 2013.
Section 10-1-4 Collection Services Generally.
A. For newly constructed Residential Service Units, Town Collection Services shall
commence upon the date the Dwelling Unit is first occupied.
B. The Town shall provide, through its contractor, the appropriate Collection Containers for
all Residential Service Units serviced by the Town’s collection system for the
accumulation, storage and collection of all Solid Waste and Recyclables. Where a
residence with curbside collection requests or is required to maintain more than one Solid
Waste Cart, an additional amount may be charged for each additional container.
C. The Town reserves the right to deny Collection Services for Refuse that the Director or
authorized designee determines to be hazardous, and to require the Customer to properly
dispose of it by other means.
Section 10-1-5 Access to Premises Serviced by Town.
A. The owner or occupant of property shall ensure the Town has convenient access at all
times on collection days to Town Solid Waste Collection Containers placed out for
Collection Services.
B. It is unlawful to park, maintain or allow any vehicle or any other kind of obstruction
within 15 feet of a Collection Container placed out for Collection Service.
C. It is unlawful to close or obstruct any street, Alley, right-of-way, route or loading area
interfering with the normal operations of Collection Service.
1346277.3 6
D. The owner or occupant of property shall maintain drives, driveways, easements and
Collection Container enclosures in a manner adequate to prevent collection vehicles and
drivers from injury or damage in performing their work.
E. Areas serviced from easements or driveways will be at the discretion of the Town and
subject to the ability to safely access and service the Collection Containers without
backing more than 50 feet.
F. The owner or occupant of property shall trim trees or shrubbery on his property and in the
adjacent right-of-way or easement, so that the trees or shrubbery do not interfere with the
free movement of collection vehicles and do not obstruct the vision of collection vehicle
drivers in performing their work.
G. Containers shall be placed for collection out of the drive lanes at the edge of the pavement
for the street. The Town may require Collection Containers to be placed in alternate
locations if necessary for public safety.
Section 10-1-6 Spilling of Refuse during Transport.
A. It is unlawful for any Person to haul, or cause to be hauled, on or along any public street,
right-of-way or Alley in the Town, any Refuse or Recyclables unless such material is
contained in the vehicle or receptacle in a manner that prevents the contents from falling
out, leaking or spilling, and prevents obnoxious odor from escaping. If any Refuse or
Recyclables fall out, leak or spill, such Person shall immediately clean up the Refuse,
Recyclables or liquid.
B. Failure to properly secure a load and any covering of the load to prevent the covering or
load from becoming loose, detached or in any manner a hazard to other users of the road
way may be prosecuted as a violation of ARIZ. REV. STAT. § 28-1098 as may be amended
from time to time.
Section 10-1-7 Dumping of Refuse.
It is unlawful for any Person to place or cause to be placed any Refuse or Recyclables upon any
public or private property within the Town, except as specifically permitted in this Article.
Section 10-1-8 Use of Another’s Containers.
It is unlawful for any Person to deposit, or cause to be deposited, any Refuse or Recyclables in
any Collection Container not assigned to that Person by the Town or its contractor, or a licensed
Solid Waste contractor providing Collection Services to property other than Residential Service
Units.
Section 10-1-9 Tampering with Container and Contents.
It is unlawful for any Person:
1346277.3 7
1. To tip over or damage any Collection Container.
2. To place decals, markings, or paint on a Collection Container.
3. To remove Refuse from a Recycling Cart, Solid Waste Cart, Green Waste Cart or
any other Refuse container other than those assigned to the Person.
4. To climb into a Recycling Cart, Solid Waste Cart, Green Waste Cart or any other
Refuse container.
5. To use a Collection Container or Collection Container lid for something other
than its intended purpose.
Section 10-1-10 Resident Responsibilities Generally.
Every Person, owner, tenant, Customer or occupant receiving Collection Services shall:
1. Provide for the collection, control and disposition of Refuse in or upon any and all
premises owned, leased or occupied by or for them.
2. Cooperate with such agents or agencies as may be provided by law for the
collection, control and disposition of Refuse.
3. Maintain and keep clean the Alley adjacent to the Premises owned, leased or
occupied by or for them and the area surrounding their Collection Containers free
from Refuse and other health hazards.
4. Place or cause to be placed all Refuse and uncontained Recyclables accumulated
on the Premises, owned, leased or occupied by or for them in the appropriate
Collection Containers.
5. Keep lids for Collection Containers down in a closed position at all times in order
to prevent flies, except when a Collection Container is being filled, emptied or
cleaned.
6. Maintain Collection Containers of sufficient number to accommodate the Refuse
and Recycling disposal needs of such residence, Premises or establishment, as
determined by the Director or authorized designee.
7. Maintain Collection Containers in good repair and in sanitary condition, free of
any markings or decals not placed on the Collection Containers by the Town or its
contractor. Collection Containers that have become unserviceable due to ordinary
wear-and-tear will be replaced by the Town’s Contractor, at no cost to the
Customer. The Town or its contractor shall provide Notice in the manner set
forth in Section 10-1-14 that a Container (a) has been determined to be no longer
1346277.3 8
serviceable through conditions other than ordinary wear and tear or (b) is being
maintained in an unsanitary condition. If Collection Containers supplied by Town
or its contractor require cleaning, painting or refurbishing for reasons other than
ordinary wear-and-tear, the cost of such work shall be charged to the Customer.
Section 10-1-11 Hazardous Waste and Special Refuse.
A. No person shall deposit or cause to be deposited in any Collection Container, anything
which will be dangerous or hazardous to the collection equipment or a threat to the
health, safety and welfare of the Collection Employees or general public.
B. Hazardous Waste shall be placed in an appropriate, closed container and plainly and
properly marked in accordance with applicable law and industry standards. The Director
shall be notified and shall instruct the Customer as to disposal options for such waste.
C. Explosives such as arms, ammunition, war souvenirs or explosive items or powder of any
kind and highly flammable materials shall not be placed in any Collection Container.
Persons shall dispose of these items after calling the Town’s law enforcement agency for
directions and disposal options.
D. Acids, caustics and rapid oxidizers, including chemicals used in swimming pools, shall
not be disposed of in Collection Containers. Persons shall dispose of such chemicals
after calling the Director for containment instructions and disposal options.
E. Warm or hot coals or Ashes shall not be placed in any Collection Container.
F. Dead small animals may be placed in plastic bags, tied and placed in a Solid Waste Cart.
Dead livestock shall not be placed in a Collection Container and shall be disposed of
separately by the owner.
G. Dead small animals in the public right-of-way will be removed and disposed of by calling
the Town’s Public Works Division.
H. Medical Sharps may be placed with other Refuse for collection, but must be properly
contained in a sealed, puncture-resistant container and clearly labeled as such.
I. Lead acid batteries, such as automobile or other vehicle batteries, shall not be disposed of
in Collection Containers. Persons shall dispose of such waste after calling the Director
for disposal and Recycling options.
J. Waste soil, sand, concrete, masonry block, rock and similar materials shall not be placed
in a Collection Container, shall be disposed of separately by the owner, tenant or
occupant of the Premises (and not by the Town) and shall not be stored or placed in the
public right-of-way.
1346277.3 9
K. Debris resulting from the construction, reconstruction, demolition, or repair of Premises
shall not be placed with other Refuse for collection but shall be disposed of directly by
the contractor or by the Person owning, occupying, or leasing the Premises wherein such
debris is accumulated. All such wastes shall be removed promptly and shall not be stored
in any location where it may be blown or otherwise dispersed beyond the construction
site.
Section 10-1-12 Hours of Collection.
It is unlawful to provide Solid Waste Collection Services between the hours of 7:00 p.m. and
6:00 a.m., unless approved in advance, in writing, by the Director.
Section 10-1-13 State and Local Authority.
Nothing in this Article shall be construed to infringe or supplant the authority of the State or the
Maricopa County Environmental Services Division exercised pursuant to the laws of the State.
Section 10-1-14 Inspections and Container Violations.
A. Provisions shall be made for regulated inspections by the Town or its designee to secure
compliance with this Article. A minimum of 25% of the single-family Recycling Carts
shall be inspected each year, and a log of such inspections shall be kept.
B. Notice of Collection Container violations shall be given by tagging the Collection
Container with a tag or label with the violations indicated on the tag or label, or by
delivering a Notice in person or by mail to the owner or occupant. If action necessary to
remedy the violation is not taken within ten days, the Director may remove the Collection
Container and dispose of its contents at the responsible party’s expense.
Section 10-1-15 Violations and Citations.
A. Any violation of or failure to do or perform any act required by this Article constitutes a
civil offense, unless the violation or failure is deemed habitual as set forth in Subsection
10-1-15(G) below, which habitual offense shall be deemed a Class 1 Misdemeanor,
punishable as set forth in Article 1-8 of this Code.
B. The owners, occupants, Customers and authorized agents of property in violation of this
Article may be held individually and jointly responsible for the violation, the prescribed
civil penalties and for abating the violation.
C. Any violation of this Article is declared to be a public nuisance, and instead of, or in
addition to, any civil and/or criminal enforcement measure authorized by this Section,
may be enjoined or restrained by the Town as other nuisances are abated under authority
of the State law.
D. Notice of violation.
1346277.3 10
1. The Town shall seek voluntary compliance with the provisions of this Section
before issuing a civil citation or criminal complaint, as applicable. This shall
include a written Notice of violation given to the responsible party for the
property.
2. A Notice of violation may be issued by the Town Manager or authorized
designee.
3. The Notice of violation shall set forth the nature of the violation, the action
required to come into compliance with this Article, the time period provided to
come into compliance, and the person at the Town to contact for further
information.
4. Failure of the responsible party to receive a Notice of violation shall not preclude
the subsequent issuance of a civil citation or criminal complaint, as applicable.
5. Nothing in this Section shall prevent the Town from taking immediate action to
protect the public from an imminent hazard to health or safety as otherwise
provided by law.
E. Civil citations.
1. Unless otherwise designated as a criminal offense in this Section, if a violation
continues past the compliance time set forth in the Notice of violation, a civil
citation may be issued to the Person responsible for the violation.
2. A civil citation may be issued by the Town Manager or authorized designee.
3. The citation shall include the date of the violation, the location of the property and
a reference to the section(s) violated.
4. The citation shall direct the defendant to pay the fine imposed pursuant to
Subsection 10-1-15(F) or appear in the Fountain Hills Municipal Court within ten
days of the issuance of the citation.
5. The citation shall provide notice that if the defendant fails to pay the fine or
appear in the Fountain Hills Municipal Court as directed, a default judgment will
be entered in the amount of the fine designated on the citation for the violation. In
addition, a default fee may be imposed for failure to appear.
6. Service of the citation may be accomplished and will be deemed proper and
complete by any of the following methods:
a. Hand delivering the citation to the defendant.
1346277.3 11
b. Mailing a copy of the citation by certified or registered mail, return receipt
requested, to the defendant’s last known address.
c. Any means allowed by the Arizona Rules of Civil Procedure for the
Superior Court.
F. Civil Penalties.
1. A Person convicted of a violation of this Article, other than Subsections 10-1-6,
10-1-7 or 10-1-11, shall be punishable by a base fine of not less than $500.
2. The civil fine required by this Section shall not be suspended in whole or in part.
3. Any defendant that fails to pay the fine or appear in the Fountain Hills Municipal
Court as directed by a citation issued pursuant to this Section, or who fails to
appear at the time and place set for trial of a matter arising under this Section,
shall be subject to an additional default fee of $100.00.
4. Any judgments issued by the Fountain Hills Municipal Court shall be subject to
all surcharges and fees imposed by State law in addition to the civil fines required
by this Section.
5. Judgments shall be collected in the same manner as any other civil judgment as
provided by law.
G. A Person found to be responsible for three or more civil violations of this Article within
any 24-month period shall be deemed to be a habitual offender. Responsibility may be
determined by admission, by default judgment or by judgment after hearing. The dates of
the offenses are the determining factor for calculating the 24-month period.
H. Criminal penalties.
1. A Person convicted of a violation of Subsections 10-1-6, 10-1-7 or 10-1-11 is
guilty of a Class 1 Misdemeanor, punishable by term of not more than six months
in jail and a base fine of not more than $2,500.
2. A habitual offender who violates the provisions of this Article shall be guilty of a
Class 1 Misdemeanor for each violation in excess of three civil or criminal
violations within a 24-month period punishable by term of not more than six
months in jail and a base fine of not more than $2,500.
I. The penalties set forth in this Section 10-1-15 shall be in addition to any penalty that may
be assessed pursuant to State Law or the Maricopa County Environmental Health Code.
Section 10-1-16 – 10-1-19 Reserved.
1346277.3 12
DIVISION 2 RESIDENTIAL COLLECTION AND DISPOSAL SERVICE
Section 10-1-20 Town has Exclusive Right to Collect Refuse.
The Town and its duly authorized agents, servants or employees have the exclusive right to
collect Refuse and Recyclables from Residential Service Units within the Town, except as
provided in State law.
Section 10-1-21 Collection Services Required.
No Customer in possession of any Residential Service Unit within the Town shall avoid or refuse
to accept the Refuse disposal service or Recyclable Material service provided by the Town, and
any such avoidance or refusal shall not exempt such Customer from the payment of charges for
such services.
Section 10-1-22 Preparation of Refuse for Collection.
A. The Town or its contractor will only collect Refuse that is properly prepared for pick up.
B. Refuse shall be prepared for pick up as follows:
1. Collection Containers shall be used for curbside collection of residential Refuse.
2. Garbage must be drained of liquids and shall be placed in plastic bags and tied
before being placed in Solid Waste Carts.
3. Refuse shall be placed in Solid Waste Carts Only, except for yard waste as set
forth in Subsection 10-1-22(B)(5) below. All boxes, cartons, and crates shall be
collapsed before being placed in Collection Containers. Also, large boxes and
cartons shall be cut up before being placed in the Collection Containers.
4. The Town’s regular Collection Service will collect only the Refuse that is
contained in the Refuse containers supplied by the Town or its contractor.
5. Residential Customers may dispose of Yard Waste in Solid Waste Carts as long
as the Yard Waste is bagged, there is room for the regular Refuse and such
material does not interfere with the emptying of the Solid Waste Cart in any way.
Yard Waste may also be disposed of in a Green Waste Cart, which shall be
available (for an additional fee), to the Customer upon request.
6. Residential Customers may dispose of small amounts of building material, except
concrete or masonry, provided it is placed in the residential Customer’s Solid
Waste Cart.
7. The contents of an individual Solid Waste Cart shall not exceed 200 pounds.
1346277.3 13
8. All garbage shall be bagged and securely tied.
9. Wastes from small animals, pets, or livestock shall be placed in a bag, securely
tied and then placed in the Solid Waste Cart.
10. Lids for Solid Waste Carts must be kept down in a closed position at all times in
order to prevent flies, except when a container is being filled, emptied or cleaned.
C. Recyclables shall be prepared for pick up as follows:
1. Recyclables must be reasonably clean, empty, dry and loose, and shall not be
bagged or put in sealed box when placed in Recycling Carts.
2. Only Recyclables may be placed in Recycling Carts. Large boxes and cartons
shall be cut up or collapsed before being placed in Recycling Carts.
3. Recycling Collection Service will collect only Recyclables contained in the
Recycling Carts.
4. Shredded paper must be in a clear plastic bag when placed in Recycling Carts.
D. Bulk Trash shall be prepared for pick up as follows:
1. Bulk Trash is collected an on-call basis only, for an additional fee.
2. A pile up to four feet by four feet by eight feet of Bulk Trash shall be considered a
single load of Bulk Trash and shall be subject to a fee for collection. Larger
amounts shall be subject to additional fees.
3. All brush, tree limbs and cuttings included in the Bulk Trash shall not exceed five
feet in length and 12 inches in diameter.
4. Bulk Trash shall be placed on private property within plain view as seen from the
public right-of-way for pick up no earlier than the day immediately preceding the
designated collection day.
5. Items must be placed parallel to the street adjacent to the owner’s property line for
collection.
6. Bulk Trash may not be placed on sidewalks, curbing or public right-of-way in any
manner as to interfere with or be hazardous to pedestrians or vehicles, or with any
mechanized Collection vehicle in such a manner as to interfere with its being
emptied.
7. Appliances, air conditioners and other items that involve freon gases are not
accepted as part of normal Bulk Trash service.
1346277.3 14
8. Items not accepted for collection will be left. The following are unacceptable
materials: Disposable or unwanted material resulting from construction, repair or
demolition of the Premises; large auto parts; tires; used oil; rocks, soil-like and
concrete materials; unbagged leaves and grass clippings; and vegetation over five
feet in length and 12 inches in diameter. These items must be disposed of at a
landfill by the owner, lessee or occupant, or by an alternative service, such as roll-
off containers.
9. Century plants, cacti and similar plants hazardous to Collection Employees shall
be contained in cardboard boxes with a total weight not to exceed 60 pounds per
box.
Section 10-1-23 Container Damage or Loss.
Each Town-supplied Collection Container shall be assigned to the property or Premises and not
to the owner or occupant of the property or Premises. No Person who occupies any property or
Premises to which a Collection Container has been assigned may remove the Collection
Container from the assigned property or Premises for any reason. The Town shall not be
responsible for damage or loss of a Collection Container, and in the event of damage other than
ordinary wear and tear of such container, the Person who occupies the property or Premises to
which a Collection Container has been assigned may be charged for such damage or loss, at the
option of Director. The Town or its contractor, as applicable, will replace Collection Containers
that fail due to ordinary wear and tear.
Section 10-1-24 Placement of Collection Containers.
A. Collection Containers shall be placed in the street at the curb line or edge of pavement, as
applicable. A minimum separation of three feet is required between Collection
Containers.
B. Collection Containers shall not be placed for collection before 6:00 p.m. of the day
preceding regular collection and shall be removed from the curb by 6:00 a.m. of the day
after collection.
C. All Collection Containers shall be stored between collection days so as to not be visible
from the street or public rights-of-way.
Section 10-1-25 Frequency of Residential Solid Waste Collection.
A. The days and hours of Solid Waste, Green Waste and Recyclable Materials collection
shall be established by the Director or authorized designee.
B. Regular Solid Waste service shall be supplied once a week to all Residential Service
Units. Where more than one Solid Waste Cart is maintained for a single Residential
Service Unit, all containers will be serviced on the same day.
1346277.3 15
C. Regular Recycling Service shall be supplied once a week for all Residential Service
Units. Where more than one Recycling Cart is maintained for a single Residential
Service Unit, all containers will be serviced on the same day.
D. Regular Green Waste Collection Service shall be supplied once a week, on the same day
as regular Recycling Service, to all Residential Service Units that have requested such
services at an additional fee. Where more than one Green Waste Cart is maintained for a
single Residential Service Unit, all containers will be serviced on the same day.
Sections 10-1-26 – 10-1-29 Reserved.
DIVISION 3 COMMERCIAL AND PRIVATE HAULERS
Reserved.
1346193.7
SOLID WASTE SERVICES AGREEMENT
BETWEEN
TOWN OF FOUNTAIN HILLS
AND
ALLIED WASTE TRANSPORTATION, INC.
D/B/A ALLIED WASTE SERVICES OF PHOENIX
THIS SOLID WASTE SERVICES AGREEMENT (this “Agreement) is made on
November 4, 2010 (the “Effective Date”) between the Town of Fountain Hills, an Arizona
municipal corporation (the “Town”) and Allied Waste Transportation Inc., a Delaware
corporation d/b/a Allied Waste Services of Phoenix (the “Contractor”).
RECITALS
A. The Town issued a Request For Proposals, “Solid Waste Services (PZ2010-001)”
(the “RFP”), a copy of which is attached hereto as Exhibit A and incorporated herein by
reference, seeking proposals from vendors for residential curbside solid waste collection and
disposal services, bulk waste collection and disposal services, residential recycling services,
green waste services, Town facility solid waste services, Town facility recycling services and
special event solid waste and recycling services within the corporate limits of the Town of
Fountain Hills (the “Services”).
B. The Contractor submitted a proposal in response to the RFP (the “Proposal”),
which is attached hereto as Exhibit B and incorporated herein by reference, and the Town desires
to enter into an Agreement with the Contractor for the Services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated
herein by reference, the following mutual covenants and conditions, and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the Town and the
Contractor hereby agree as follows:
1. Definitions. As used herein, and notwithstanding any other contrary definition
given these terms under Arizona law, the parties hereto specifically agree that the terms defined
below shall, for the purpose of this Agreement, have the meanings as set forth in this Section.
The words “shall,” “will” and “must” are always mandatory and not merely discretionary. The
word “may” indicates something that is not mandatory but permissible. When not inconsistent
with the context, words in the plural shall include the singular and vice versa, words importing
persons shall include firms and corporations, words in the present tense shall include the future
and use of the masculine gender shall include the feminine gender. The terms “herein,”
“hereunder,” “hereby,” “hereto,” “hereof” and any similar terms, shall refer to this Agreement;
the term “heretofore” shall mean before the date of adoption of this Agreement; and the term
“hereafter” shall mean after the initial date of adoption of this Agreement.
1.1 “Backdoor” means a location at the front, side or rear of a Residential
Service Unit acceptable to both the Resident and Contractor as the location for Residential
1346193.7
2
Collection Service. If an appropriate location cannot be agreed upon, the Contract Administrator
shall designate the location for Residential Collection Service.
1.2 “Bulk Waste” means Solid Waste composed of materials not easily
containerized in a Solid Waste Cart or Recycling Cart such as, but not limited to, Green Waste,
furniture, cardboard and large appliances.
1.3 “Bulk Waste Collection Services” means Collection of Bulk Waste and
delivery to the Disposal Facility or the Recycling Facility by the Contractor.
1.4 “Bulk Waste Services” means Bulk Waste Collection Services and the
disposal of Bulk Waste at the Disposal Facility or recycling of Bulk Waste at the Recycling
Facility.
1.5 “Business Day” means any day, Monday through Friday, from 5:00 AM,
Local Time to 5:00 PM, Local Time.
1.6 “Cart” means a Recycling Cart, a Solid Waste Cart or a Green Waste Cart,
as applicable.
1.7 “Council” means the Mayor and Town Council of the Town of Fountain
Hills, Arizona.
1.8 “Collection” means the act of picking up Solid Waste or Bulk Waste from
Residential Units and delivery of the Solid Waste or Bulk Waste to the Disposal Facility.
Collection shall also mean the act of picking up Program Recyclables from Residential Units or
Town Facilities and delivery of the Program Recyclables to the Recycling Facility.
1.9 “Collection Service” means Residential Solid Waste Collection Services,
Residential Bulk Waste Collection Services, Residential Recycling Collection Services,
Residential Green Waste Collection Services, Town Facility Solid Waste Collection Services,
Town Facility Recycling Collection Services, Special Event Solid Waste Collection Services and
Special Event Recycling Collection Services.
1.10 “Commencement Date” means the earliest date the Contractor shall
commence the Collection Services in accordance with this Agreement and pursuant to the phase-
in schedule set forth in Exhibit D, attached hereto and incorporated herein by reference.
1.11 “Construction Debris” means solid waste derived from the construction,
repair or remodeling of buildings or other structures.
1.12 “Construction and Demolition Waste” shall include Construction Debris
and Demolition Debris.
1346193.7
3
1.13 “Contamination” means the existence of any material or substance on or
contained in Recyclable Materials that would result in failure to meet Recovered Material
specifications.
1.14 “Contract Administrator” means the Town Manager of the Town, or his
designee or designees, who shall represent the Town in the administration and supervision of this
Agreement.
1.15 “Container” means any metal or plastic container, with a capacity of
approximately 300 gallons designed to or intended to be mechanically dumped into a loader-
packer type garbage truck and used for Town Facility Recycling Services. All such Containers
must be clearly marked in a manner as approved by the Town.
1.16 “Demolition Debris” means solid waste derived from the demolition of
buildings or other structures.
1.17 “Disposal Facility” means a facility, area of land or excavation in which
Solid Waste and Bulk Waste are placed for permanent disposal. Disposal Facility does not
include a land application unit, surface impoundment, injection well, compost pile or waste pile
or an area containing ash from the on-site combustion of coal that does not contain household
waste, household hazardous waste or conditionally exempt small quantity generator waste.
1.18 “Disposal Services” means the disposal of Solid Waste and Bulk Waste by
the Contractor.
1.19 “Expiration Date” means November 3, 2015 at 11:59 PM, Local Time.
1.20 “Green Waste” means organic yard waste, including but not limited to,
grass clippings, tree trimmings, brush clippings, and other similar material.
1.21 “Green Waste Cart” means a receptacle with wheels with a capacity of up
to approximately 96 gallons designed or intended to be mechanically dumped into a load-packer
type garbage truck and approved by the Town Manager or authorized designee for the Collection
of Green Waste from Residential Service Units. All Green Waste Carts shall be green in color
and clearly distinguishable from Solid Waste Carts.
1.22 “Hazardous Waste” means solid waste as described in 40 Code of Federal
Regulations part 261, as amended.
1.23 “Local Time” means the time in Phoenix, Arizona.
1.24 “Materials Acceptance Protocol (MAP)” means the document which
identifies the types and standards for the Recyclable Materials which are to be collected and
processed under this Agreement. The MAP is attached hereto as Exhibit E and incorporated
herein by reference.
1346193.7
4
1.25 “Missed Block” shall mean, as determined by three or more customers on
a block, that each customer deems that her/his respective properly-prepared Cart that was set out
at the Collection location on the scheduled Collection day was not picked up by the Contractor.
1.26 “Missed Collection” shall mean, as determined by the customer, a
properly prepared Cart that was set out at the Collection location on the scheduled Collection day
that was not picked up by the Contractor.
1.27 “Nonprogram Recyclable” means any Recyclable Materials, excluding
Program Recyclables, delivered to the Recycling Facility.
1.28 “Nonprogram User” means any generator of Nonprogram Recyclables.
1.29 “Non-recyclable Waste” means the portion of Solid Waste, exclusive of
Hazardous Waste, that is not Program Recyclables.
1.30 “Person” means an individual, corporation, company, association,
partnership, unit of local government, state agency, Federal agency, or other legal entity.
1.31 “Process”, “Processed” or “Processing” means the separation, sorting,
crushing, baling, shredding, flattening or other treatment of Program Recyclables into Recovered
Materials.
1.32 “Processing Fee” means the per ton fee for receipt and processing of
Program Recyclables.
1.33 “Program Recyclables” means the Recyclable Materials as defined in the
MAP originating from sources within the Town which are collected single stream and delivered
by the Contractor or self haulers, delivered to the Recycling Facility, and processed and
marketed by the Recycling Facility.
1.34 “Recovered Material(s)” means Recyclable Materials which have been
processed at the Recycling Facility to market specifications.
1.35 “Recyclable Materials” means those materials which are capable of being
recycled and which would otherwise be processed or disposed of as Solid Waste.
1.36 “Recyclable Materials Collection Services” means the provision of
Residential Recycling Collection Service, Town Facility Recycling Collection Service and
Special Event Recycling Collection Service by the Contractor.
1.37 “Recycling” means any process by which materials which would
otherwise become Solid Waste are collected, separated, or processed and reused or returned to
use in the form of raw materials or products.
1346193.7
5
1.38 “Recycling Cart” means a receptacle with wheels with a capacity of up to
approximately 96 gallons designed or intended to be mechanically dumped into a loader-packer
type garbage truck and approved by the Town Manager for the Collection of Program
Recyclables from Residential Service Units, Town Facilities and special events. All such
Recycling Carts shall be blue in color and must be clearly marked in a manner as approved by
the Town Manager or authorized designee.
1.39 “Recycling Facility” means a Solid Waste Facility that is owned, operated
or used for the storage, treatment or processing of Recyclable Materials and that handles wastes
that have a significant adverse effect on the environment.
1.40 “Recycling Services” means the Collection of Recyclable Materials by the
Contractor from Residential Service Units and Town Facilities in the Town, delivery of
Recyclable Materials to Recycling Facility, and processing and marketing of Recyclable
Materials at the Recycling Facility.
1.41 “Rejects” means material other than Residue, such as Non-recyclable
Waste or materials other than those defined in the MAP, which is delivered with Recyclable
Materials and which shall be handled and accounted for separately from Recyclable Materials
and Residue.
1.42 “Residential Bulk Waste” means Bulk Waste that is generated and
disposed of at a Residential Service Unit.
1.43 “Residential Bulk Waste Collection Service” means the Collection of Bulk
Waste by the Contractor from Residential Service Units and the delivery of the Bulk Waste to
the Disposal Facility or Recycling Facility.
1.44 “Residential Green Waste Service” means the Collection of Green Waste
by the Contractor from Residential Service Units and the delivery of Green Waste to a green
Waste processing facility.
1.45 “Residential Recyclable Materials” means any Recyclable Materials that is
generated from Residential Service Units, not including Construction and Demolition Waste or
Hazardous Waste.
1.46 “Residential Recycling Collection Services” means the Collection of
Recyclable Materials by the Contractor from Residential Service Units and the delivery of the
Recyclable Materials to the Recycling Facility.
1.47 “Residential Recycling Services” means the Collection of Recyclable
Materials by the Contractor from Residential Service Units, delivery of the Recyclable Materials
to the Recycling Facility and processing and marketing of the Recyclable Materials at the
Recycling Facility.
1346193.7
6
1.48 “Residential Services” means Residential Solid Waste Services,
Residential Bulk Waste Collection Services, Residential Green Waste Services and Residential
Recycling Services.
1.49 “Residential Service Unit” mean residential dwellings and establishments
identified by the Town to receive Residential Services from the Contractor and utilizing (i) a
Solid Waste Cart for the accumulation and set-out of Residential Solid Waste and (ii) a
Recycling Cart for the accumulation and set-out of Residential Recyclable Materials. Town, at
its sole discretion, may add or delete Residential Units.
1.50 “Residential Solid Waste” means any garbage, Green Waste or rubbish
that is generated from Residential Service Units, not including Construction and Demolition
Waste or Hazardous Waste.
1.51 “Residential Solid Waste Collection Services” means the Collection of
Solid Waste by the Contractor from Residential Service Units and delivery of the Solid Waste to
the Disposal Facility.
1.52 “Residential Solid Waste Services” means the Collection of Solid Waste
by the Contractor from Residential Service Units, delivery of the Solid Waste to the Disposal
Facility, and disposal of the Solid Waste at the Disposal Facility.
1.53 “Residue” means that portion of the Recyclable Materials accepted by the
Contractor which is not converted to Recovered Materials due to spoilage, breakage,
contamination and/or transportation or processing inefficiencies, other than Rejects.
1.54 “Residue Allowance” means that portion of incoming Program
Recyclables defined as Residue and shall not exceed the overall annual Residue Allowance of
15%.
1.55 “Scavenging” means the unauthorized removal of Recyclable Material
after the generators thereof divest control physically or as a matter of appropriate law, rule or
regulation.
1.56 “Solid Waste” means any garbage, trash, rubbish, waste tire, refuse, and
other discarded material, including solid, liquid, semisolid or contained gaseous material unless
otherwise excluded by the Arizona Revised Statutes.
1.57 “Solid Waste Cart” means a receptacle with wheels with a capacity of up
to approximately 96 gallons designed or intended to be mechanically dumped into a loader-
packer type garbage truck and approved by the Town Manager for the Collection of Residential
Solid Waste. All such Solid Waste Carts must be clearly marked in a manner as approved by the
Town Manager or authorized designee.
1.58 “Solid Waste Facility” means a transfer facility and any site owned,
operated or utilized by any person for the storage, processing, treatment or disposal of solid
1346193.7
7
waste, conditionally exempt small quantity generator waste or household hazardous waste unless
otherwise excluded by Arizona Revised Statutes.
1.59 “Special Event Solid Waste Collection Services” means the Collection of
Solid Waste by the Contractor from special events as requested by the Town and delivery of the
Solid Waste to the Disposal Facility.
1.60 “Special Event Recycling Collection Services” means the Collection of
Recyclable Materials from special events as requested by the Town via Containers or Recycling
Carts and delivery to the Recycling Facility by the Contractor.
1.61 “Source Separated Materials” means materials that are separated by
material type by the generator.
1.62 “State” means the State of Arizona.
1.63 “Ton” means a unit of weight equal to 2,000 pounds.
1.64 “Town Facility” means any Town-owned or operated facility designated
by the Town for Town Facility Recycling Services. The Town has the sole authority to add or
eliminate Town Facilities.
1.65 “Town Facility Recycling Collection Services” means the Collection of
Recyclable Materials from Town Facilities via Containers or Recycling Carts and delivery to the
Recycling Facility by the Contractor.
1.66 “Town Facility Solid Waste Collection Services” means the Collection of
Solid Waste by the Contractor from a Town Facility and delivery of the Solid Waste to the
Disposal Facility.
1.67 “Town Revenue Rate” means the minimum payment by Contractor to
Town per ton of Program Recyclables received at the Recycling Facility.
2. Representations.
2.1 Relationship of the Parties. It is clearly understood that each party will act
in its individual capacity and not as an agent, employee, partner, joint venturer, or associate of
the other. An employee or agent of one party shall not be deemed or construed to be the
employee or agent of the other for any purpose whatsoever. The Contractor is advised that taxes
or Social Security payments will not be withheld from any Town payments issued hereunder and
Contractor agrees to be fully and solely responsible for the payment of such taxes or any other
tax applicable to this Agreement.
2.2 Representations by Town. The Town represents to the Contractor that the
Town is duly organized and existing in good standing under the laws of the State and is duly
qualified and authorized to carry on the governmental functions and operations as contemplated
1346193.7
8
by this Agreement. The Town further represents that the person signing on its behalf has been
properly authorized and empowered to enter into this Agreement. The Town acknowledges that
it has read this Agreement, understands it, and agrees to be bound by it.
2.3 Representations by Contractor. The Contractor represents to the Town
that at the time of execution of this Agreement:
A. Authority. The Contractor is duly qualified and in good standing
to do business in the State and is duly qualified and in good standing to do business
wherever necessary to carry on the business and operations contemplated by this
Agreement. The Contractor further represents that the person signing on its behalf has
been properly authorized and empowered to enter this Agreement. The Contractor
further acknowledges that it has read this Agreement, understands it, and agrees to be
bound by it.
B. Recyclable Materials Processing. The Contractor has entered into
a contract for Recyclable Materials processing and marketing services, a true and correct
copy of which is attached hereto as Exhibit F and incorporated herein by reference, for
the Initial Term and Renewal Terms (as defined in Section 3 below).
C. Solid Waste Disposal. The Contractor has entered into a contract
for Disposal Services, attached hereto as Exhibit G and incorporated herein by reference,
for the Initial Term and Renewal Terms.
D. Licenses; Materials. The Contractor has obtained all applicable
environmental and other governmental permits, licenses, permits and authorizations that
are (1) necessary for providing the Services and (2) required to be issued under Federal,
State, local law, regulation, rule or ordinance. Contractor shall maintain in current status
all Federal, State and local licenses, permits and authorizations required for the operation
of the business conducted by the Contractor. The Town has no obligation to provide
Contractor, its employees or subcontractors any business registrations or licenses
required to perform the specific services set forth in this Agreement. The Town has no
obligation to provide tools, equipment or material to Consultant.
E. Insurance/Bonds. The Contractor has obtained and submitted to
the Town (1) certificates of insurance for all required insurance coverages specified in
this Agreement and (2) documentation of performance bond as required by this
Agreement.
F. No legal Action Pending. To the best of the Contractor’s
knowledge, there is no action, suit or proceeding, at law or equity, before or by any court
or government authority, pending or threatened against the Contractor, wherein an
unfavorable decision, ruling or finding would materially adversely affect the performance
by the Contractor of its obligation hereunder or the other transactions contemplated
hereby, or which, in any way, would adversely affect the validity or enforceability of this
1346193.7
9
Agreement, or any other contract or instrument entered into by the Contractor in
connection with the transactions contemplated hereby.
Contractor agrees that it shall take all steps necessary to ensure that the representations set forth
in this Section 2.3 shall remain true and correct for the entire Term of this Agreement.
1346193.7
10
3. Term of Agreement.
3.1 Initial Term. Unless sooner terminated in accordance with the provisions
in this Agreement, the term of this Agreement shall commence on the Effective Date and shall
continue in effect until the Expiration Date (the “Initial Term”).
3.2 Option to Renew. After the Initial Term, Town shall have the option to
request renewal of this Agreement for up to three additional one-year terms (each, a “Renewal
Term”). The Initial Term and any Renewal Terms shall be collectively referred to herein as the
“Term.” To exercise its option, Town shall provide written notice to Contractor (each, and
“Option Notice”) not later than 60 calendar days preceding the scheduled Expiration Date of the
then-current Term. The Contractor shall, within 15 calendar days following receipt of the
Town’s Option Notice, either accept or reject the Town’s request. If the Contractor fails to
accept or reject the Town’s renewal request within 15 days following receipt of the Town’s
Option Notice, the Contractor shall be deemed to have consented to renewal of the Agreement
for one year. This provision in no way limits the Town’s right to terminate this Agreement at
any time during the Term pursuant to the provisions in this Agreement.
4. Solid Waste Services, Bulk Waste Services and Recycling Services. The
Contractor shall begin providing the services set forth in this Section on their respective
Commencement Dates, as determined by the phase-in schedule included on Exhibit D, and the
Contractor shall change rates for such services not greater than as set forth on Exhibit C.
4.1 Solid Waste.
A. Residential Solid Waste Services. Contractor shall collect, once
per week on a scheduled day, all Solid Waste Carts from each Residential Service Unit in
the Town. Contractor shall deliver the Residential Solid Waste collected to the Disposal
Facility and dispose of the Residential Solid Waste at the Disposal Facility. Upon the
receipt of a written work order from the Town, Contractor shall provide additional Solid
Waste Cart collection and non-collection day Collection Services.
B. Residential Bulk Waste Services. Contractor shall provide an
on-call, fee-for-service process for collecting residential bulk waste of up to six cubic
yards from each Residential Service Unit in the Town. Contractor shall also hold, not
less than two times each year, on days chosen by the Town, Town-wide bulk waste drop-
off events at not less than three locations as selected by the Town. Contractor shall
deliver the Bulk Waste collected to the Recycling Facility or the Disposal Facility. If the
Bulk Waste is delivered to the Recycling Facility, Contractor shall process and market
the Bulk Waste at the Recycling Facility. If the Bulk Waste is delivered to the Disposal
Facility, Contractor shall dispose of the Residential Solid Waste at the Disposal Facility.
Upon the receipt of a written work order from the Town, Contractor shall provide
additional Bulk Waste Collection Services.
1346193.7
11
C. Town Facility Solid Waste Services. Contractor shall collect, not
less than once per week, all Solid Waste in Solid Waste Carts or Containers at Town
Facilities shown in the table below:
Table 4.1
Town Facilities Address Container Size Frequency
Town Civic Center 13001 La Montana 8 YD Twice per week
Streets Department 17137 Falcon Dr. 6 YD Twice per week
Fountain Park 13000 Saguaro Blvd. 8 YD Once per week
Four Peaks Park 17300 Calaveras Ave. 6 YD Once per week
Golden Eagle Park 14725 Golden Eagle 4 YD(1); 6 YD(2) Once per week
Desert Vista Park 11800 Desert Vista 6 YD Once per week.
D. Special Event Solid Waste Services. Upon request of the Town,
the Contractor shall deliver Solid Waste Carts or containers to the site of a special event
and shall collect and dispose of Solid Waste collected in such Solid Waste Carts or
Containers.
4.2 Recycling.
A. Residential Recycling Services. Contractor shall collect, once per
week on a scheduled day, all Program Recyclables via single stream in a Residential
Recycling Cart from each Residential Service Unit in the Town. Contractor shall deliver
the Program Recyclables collected to the Recycling Facility. In addition, Contractor shall
process and market the Program Recyclables delivered to the Recycling Facility.
B. Town Facility Recycling Collection. Contractor shall collect, on a
frequency solely decided by the Town, all Program Recyclables from each Town Facility
listed in Table 4.1 above. Contractor shall deliver the Program Recyclables collected to
the Recycling Facility. In addition, Contractor shall process and market the Program
Recyclables delivered to the Recycling Facility.
C. Special Events Recycling Collection. Upon request of the Town,
Contractor shall deliver Recycling Carts to the site of a special event and shall collect and
process all Program Recyclables collected by such Recycling Carts, the frequency of
which shall be at the Town’s sole discretion.
D. Neighborhood Recycling Drop-off Services. Contractor shall be
solely responsible for providing single stream Collection, Processing and Marketing of
Recyclable Materials generated and disposed of at the Neighborhood Recycling Drop-off
Sites. The Town shall have the sole authority in determining the frequency of Collection
for each Neighborhood Recycling Drop-off Sites.
Table 4.2 – Neighborhood Recycling Drop-off Service Site
Neighborhood Recycling Address
1346193.7
12
Drop-off Service Site
Town Civic Center 13001 N. La Montana Drive
E. Disposal Prohibited. The Contractor shall be prohibited from (1)
disposal of and/or landfilling of any Program Recyclables accepted or processed at the
Recycling Facility or (2) marketing Program Recyclables to markets that the Contractor
knows or reasonably should have anticipated will dispose of and/or landfill the Program
Recyclables, except when approved in writing by the Town.
4.3 Residential Green Waste Collection. Contractor shall collect, once per
week on a scheduled day, all Green Waste via Residential Green Waste Cart from each
Residential service Unit in the Town that has selected the green waste option and has agreed to
pay the additional cost of same. Contractor shall deliver all Green Waste collected from Green
Waste Carts at Residential service Units to a Green Waste processing facility.
4.4 Backdoor Collection Services. Contractor shall provide Backdoor
Collection Services for Residential Solid Waste and Recyclable Materials from Residential
Service Units if all adult occupants residing therein are handicapped, or due to age or verified
physical limitations, cannot safely move Carts and if a request for Backdoor Collection Services
has been made to and approved by the Town, in the manner required by the Town. The Town
shall notify the Contractor in writing of any Residential Service Unit requiring Backdoor
Collection Services. No additional monies shall be due to the Contractor for the provision of
Backdoor Collection Services. Contractor shall provide Backdoor Collection Services on the
same scheduled Collection day that Collection Services would otherwise be provided to the
Residential Service Unit.
4.5 Manner of Providing Services. Unless otherwise stated in this Agreement,
the Contractor shall be solely responsible for all aspects of the management, operations and
maintenance and equipment relating to the Services including, but not limited to, the following:
A. Rejected Loads. Transportation and disposal of Rejected Loads (as
defined in subsection 5.2 below) at the Recycling Facility to the Disposal Facility.
B. Residue and Rejects. Transportation and disposal of Residue and
Rejects at the Recycling Facility to the Disposal Facility.
C. Recovered Materials. The shipping and marketing of Recovered
Materials processed at the Recycling Facility.
D. Records. The maintenance of complete and accurate records and
the provision of reports to the Town in accordance with the requirements of this
Agreement.
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E. Maintenance. The preventive maintenance, maintenance and
repair of systems and equipment including vehicles, buildings, grounds and other
equipment.
F. Clean-up. The prevention and clean-up of litter, spillage, dust and
odor as set-forth in this Agreement.
G. Personnel. The recruitment, hiring and training of all managerial,
supervisory and operating personnel providing the Services.
H. Carts. Cart maintenance and delivery of new Solid Waste Carts,
Recycling Carts and Green Waste Carts, as applicable, once the program begins.
Contractor shall also be solely responsible for Storage of unused Carts.
4.6 Part-Time Residents. Contractor shall provide each Residential Unit the
opportunity to annually stop service temporarily for a period of up to six continuous months
upon notification by the resident.
5. Inspection of Loads and Rejected Loads.
5.1 Contractor’s Right to Inspect Loads. The Contractor may inspect each
delivery of Program Recyclables prior to and upon their discharge at the Recycling Facility for
consistency with the MAP.
5.2 Unacceptable Loads. Contractor may not designate a load as an
unacceptable load for any reason other than those identified in this Section. Prior to departure
from the Recycling Facility of the vehicle delivering Recyclable Materials to the Recycling
Facility, Contractor may designate a load as a “Rejected Load” for the following reasons:
A. Excessive Non-Recyclable Waste. A load of Program Recyclables
contains more than 15% Non-recyclable Waste by weight.
B. Public Health Danger. A load of Program Recyclables presents a
substantial endangerment, such as disease or death, to the public or employee health or
safety.
C. Hazardous Waste. A load contains Hazardous Waste that cannot
be easily separated from acceptable materials.
5.3 Procedure upon Rejection of Load.
A. Notice of Rejected Load. If the Contractor designates a load as a
Rejected Load for the reasons set forth in subsections 5.2(A) and (B) above, Contractor
must immediately provide written notice to the Town, including the reason the load was
designated a Rejected Load. If Contractor fails to provide notice in accordance with this
subsection, Contractor shall accept the load.
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B. Right to Inspect Rejected Loads. Upon receipt of the notice by the
Town in accordance with subsection 5.3(A) above, Contractor shall retain the Rejected
Load for an additional 24 hours to allow the Town a right to inspect the load. The Town
may waive the right to inspect the load. Failure to inspect the load within 24 hours of
receipt of notice shall be deemed a waiver of the right to inspect the load.
C. Dispute or Acceptance of Designation as Rejected Load. If the
Town inspects the load, the Town may dispute or accept the designation as a Rejected
Load. If the Town disputes the rejection of the load for the reasons set forth in 5.2(A) or
(B) above, the Contract Administrator’s decision as to whether the load will or will not be
accepted shall be final and conclusive. If the load is not deemed a Rejected Load by the
Contract Administrator, the Contractor shall accept and process the load as long as it does
not contain Hazardous Waste (which is covered by Section 5.4 below).
D. Costs for Rejected Loads not due to Hazardous Waste. Contractor
shall, at its sole expense, pay for transportation and disposal costs of Rejected Loads for
the reasons set forth in subsections 5.2(A) and (B) above.
5.4 Procedure upon Rejection of Load due to Hazardous Waste. If Contractor
discovers Hazardous Waste before collecting it, Contractor may refuse to collect the entire
Recycling Cart of waste. In such situations, Contractor shall contact the generator of such waste
to remove and dispose of it properly. If any Hazardous Waste is not discovered by Contractor
before it is collected, Contractor may, in its sole discretion, (A) remove, transport and dispose of
such Hazardous Waste at a location authorized to accept such Hazardous Waste in accordance
with all applicable laws and (B) charge the depositor or generator of such Hazardous Waste all
direct and indirect costs incurred due to removal, remediation, handling, transportation, delivery
and disposal of such Hazardous Waste. The Town shall provide all reasonable assistance to
Contractor to conduct an investigation to determine the identity of the depositor or generator of
the Hazardous Waste.
6. Handling of Rejects and Residue.
6.1 Handling of Rejects. The Contractor shall segregate and store all Rejects
and shall notify the Town prior to their removal for disposal to permit the Town’s inspection
thereof. The Town shall have the right to inspect such Rejects within 24 hours of notification
and to make its own determination as to whether such materials are in fact Rejects, as defined
herein. Contractor shall, at its sole expense, pay for transportation and disposal costs of Rejects.
6.2 Handling of Residue. Contractor shall be solely responsible for ensuring
that Residue which is culled from Program Recyclables accepted by Contractor or which is the
result of processing activity shall not exceed the overall annual Residue Allowance of 15%. If
the residue exceeds the Residue Allowance, Town may assess liquidated damages in accordance
with Section 18 of this Agreement. Contractor, at is sole expense, shall bear costs of
transporting and disposal of all Residue.
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7. Collection and Processing Equipment.
7.1 Collection Services Vehicles.
A. Appearance of Collection Services Vehicles. Contractor shall
paint all Collection Service vehicles uniformly with the name of Contractor, customer
service office telephone number and the unique identification number of the vehicle in
letters not less than six inches high on each side and the rear of the vehicle. All
Collection Services vehicles shall be uniquely numbered and a record kept of the vehicle
to which each number is assigned. No advertising shall be permitted on vehicles, except
for events sponsored by the Town, which shall be advertised on request of the Town.
B. Age of Collection Services Vehicles. Contractor shall provide all
Collection Services pursuant to this Agreement with Collection vehicles less than seven
years of age. The average age for the Collection vehicles to be used for performance of
Collection Services provided pursuant to this Agreement shall not exceed three years of
age.
7.2 Collection Services Carts. Town shall have the sole decision in
determining the appearance of the Carts.
A. Purchase and Initial Distribution of Carts. The Contractor, at its
sole cost, shall purchase all Carts required for the provision of Collection Services
pursuant to this Agreement. In addition, the Contractor, at its sole cost, shall deliver one
Solid Waste Cart, one Recycling Cart and one Green Waste Cart (for Residential Service
Units choosing the optional Green Waste Service) to each Residential Service Unit prior
to the Commencement Date, unless instructed otherwise by the Town. The Contractor
shall attach a program introduction notice to each Cart delivered.
B. Subsequent Distribution, Maintenance and Storage. After the
initial distribution of Carts, Contractor, at its sole cost, shall deliver Cart(s) to a
Residential Service Unit within two business days of the request by the Town.
Contractor shall attach a program introduction notice to each Cart delivered.
C. Cart Care and Maintenance. Contractor’s employees shall take
care to prevent damage to Carts by unnecessarily rough treatment. Contractor shall be
solely responsible for Cart maintenance.
D. Reserve Carts. Contractor shall maintain a minimum of 15 Solid
Waste Carts, 15 Recycling Carts and 15 Green Waste Carts at a secure location within the
corporate limits of the Town to ensure that extra or replacement Carts can be
expeditiously provided upon the request of the Town.
E. Replacement of Carts. Upon notification to Contractor by the
Town or a customer that a Cart has been lost, destroyed, stolen or that it has been
damaged beyond repair, Contractor shall purchase, if necessary, and deliver a
1346193.7
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replacement Cart to such customer within two business days. At the expense of the
Contractor, each Residential Service Unit shall be entitled to unlimited replacements of
destroyed or damaged beyond repair Cart(s) for the life of the Agreement at no cost to the
Town or the customer if determined by the Contract Administrator or authorized designee
that such destruction or damage was caused by the Contractor or Contractor’s employees
or equipment. For additional replacements beyond those as provided in this Agreement
or for Carts purchased by written authorization of the Town Manager, Town shall
reimburse Contractor the purchase cost paid by Contractor for the Cart.
7.3 Collection and Processing Equipment, Excluding Carts.
A. Purchase, Operation and Maintenance. Unless otherwise stated in
this Agreement, Contractor shall be solely responsible for all costs of purchasing,
operating and maintaining Collection and processing equipment for the Term of this
Agreement. Town, at its sole discretion, shall determine whether the Contractor is or is
not properly maintaining the Collection and processing equipment. If the Town
determines the Contractor is not properly maintaining the Collection and/or processing
equipment, Contractor shall replace such equipment in accordance with this Agreement
and Town may assess liquidated damages in accordance with Section 18 of this
Agreement.
B. Replacement. Unless otherwise stated in this Agreement,
Contractor shall be solely responsible for the replacement of Collection and processing
equipment if such equipment is lost, stolen or damaged beyond normal wear and tear. If
Contractor or Town determines that Collection and/or processing equipment requires
replacement, Contractor shall replace such equipment within 14 calendar days with
comparable equipment. Contractor shall be responsible to make the appearance of the
replacement equipment in adherence with the requirements of this Section.
7.4 Ownership.
A. Collection Services Equipment other than Carts and Containers.
Ownership of Collection Services Equipment other than Carts shall rest with Contractor.
B. Carts and Containers. Ownership of Carts and containers shall rest
with the Contractor during and after the term of the Agreement.
7.5 Disposal Facility and Recycling Facility Equipment. The Disposal
Facility, Recycling Facility and any other processing center used to perform the Services shall be
equipped with adequately sized truck scales and computerized record-keeping systems for
weighing and recording all incoming and outgoing delivery vehicles and vehicles transporting
Recyclable Materials to markets. The Recycling Facility shall be capable of recording the type
of Recyclable Materials received for each incoming truck. Additionally, the Recycling Facility
shall be capable of recording the weights of each type of Recyclable Material which are shipped.
Contractor shall separately weigh, record and tabulate each load from Town.
1346193.7
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8. Personnel. Contractor shall assign a qualified person or persons who will be
charge of its operations within the Town and authorized to make decisions on Contractor’s
behalf and shall provide the name, office telephone number, mobile phone number, email
address and facsimile number of Contractor’s representatives and key personnel to the Contract
Administrator. Contractor agrees that the Town shall have 24 hour access to said representative
via a non-toll call from the corporate limits of the Town. Such records shall be updated as
personnel or contact information changes. In addition, Contractor shall adhere to the following
requirements:
8.1 Key Personnel. Contractor shall provide adequate, experienced personnel,
capable of and devoted to the successful completion of the Services to be performed under this
Agreement. Contractor agrees to assign specific individuals to key positions. Contractor agrees
that, upon commencement of the Services to be performed under this Agreement, key personnel
shall not be removed or replaced without written notice to the Town, which Contractor will
endeavor to make prior to the removal or replacement of such key personnel. If key personnel
are not available to perform the Services for a continuous period exceeding 30 calendar days, or
are expected to devote substantially less effort to the Services than initially anticipated,
Contractor shall immediately notify the Town of same and shall, subject to the concurrence of
the Town, replace such personnel with personnel of substantially equal or superior ability and
qualifications. If deemed qualified, the Contractor is encouraged to hire Town residents to fill
vacant positions at all levels.
8.2 Uniforms. Contractor shall furnish each employee involved in the
performance of this Contract with a uniform and safety vest, shirt or jacket which clearly
displays the name of Contractor. Such uniforms and safety equipment shall make the employee
readily visible to other motorists. Contractor’s employees shall wear complete uniforms and
safety vest, shirt or jacket at all times.
8.3 Safety Training. Contractor shall provide regularly scheduled, on-going
operating and safety training for all employees. In addition, Contractor’s employees shall be
trained to perform their duties to maximize the Town’s recycling rate, minimize contamination
and promote recycling at all times. Such meetings shall be mandatory for all Collection and
supervisory personnel and held not less than once per month. All temporary and newly hired
permanent Collection personnel and supervisory employees must receive comprehensive safety
and operational training prior to working on the Collection vehicles or performing duties under
this Agreement. Training manuals and schedules shall be maintained at the local office of
Contractor and available for review at any time by Contract Administrator.
8.4 General Training. All employees involved in the performance of this
Agreement including office and all Collection personnel, must be provided adequate training
before and during their employment with the Contractor. This training shall familiarize
employees with the required duties and standards of performance, specific requirement on routes
to which they will be assigned, teach the route layouts previously established and approved and
provide necessary knowledge to eliminate delays and Missed Collections. All supervisory and
Collection employees must be provided equipment and supplies prior to and during the
performance of their duties. All Collection, administrative, supervisory and customer service
1346193.7
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personnel must receive customer service training prior to and during the time they are employed
by the Contractor.
8.5 Contact with Others. Contractor’s employees shall treat all customers, co-
workers, Town employees and any individual with whom they come in contact in the
performance of their duties in a polite and courteous manner. Rudeness, belligerence and the use
of profanity are strictly prohibited. The Town reserves the right to direct Contractor to remove
any employee who violates this policy from providing services to the Town, pursuant to this
Agreement.
8.6 Compliance with Laws. In performance of Collection Services,
Contractor’s employees must adhere to applicable municipal, Town, State and Federal laws.
Town reserves the right to make a complaint regarding any employee of the Contractor who
violates any provision herein, or who is wanton, negligent or discourteous in the performance of
his/her duties. The Town may recommend appropriate action be taken by the Contractor and
may require the Contractor to remove any unacceptable employee, as determined by the Town,
from service to the Town.
9. Hours of Operation and Holidays. Contractor shall not make any changes to the
hours of operation as provided in this Section without the prior, written approval of the Contract
Administrator.
9.1 Residential Collection Services. Excluding Holidays (as defined in
subsection 9.7 below), Contractor shall provide Residential Collection Services from Monday
through Thursday, 6:00 AM, Local Time to 5:00 PM, Local Time. Residential Collection
Services that fall on a Holiday shall be collected as set forth in Section 9.7 below.
9.2 Town Facility Recycling Services. Excluding Holidays, Contractor shall
provide Town Facility Recycling Services from Monday through Thursday, 6:00 AM, Local
Time to 5:00 PM, Local Time. Town Facility Recycling Services that fall on a Holiday shall be
collected on the following day.
9.3 Town Facility Solid Waste Services. Excluding Holidays, Contractor
shall provide Town Facility Solid Waste Services from Monday through Thursday, 6:00 AM,
Local Time to 5:00 PM, Local Time. Town Facility Solid Waste Services that fall on a Holiday
shall be collected on the following day.
9.4 Extension of Collection Services Hours of Operation. If the Contractor
determines that the Collection Services will not be completed by 5:00 PM, Local Time on the
scheduled Collection day, the Contractor shall notify the Town by 3:00 PM, Local Time and
request an extension of the Collection hours. The Contractor shall inform the Town of the areas
not completed, the reason for non-completion and the expected time of completion. The Town
must approve any extension of hours of operation.
9.5 Disposal Facility. Excluding holidays as defined in subsection 9.7 below,
Contractor shall maintain, or cause its provider to maintain, the Disposal Facility open and
1346193.7
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available to receive Solid Waste seven days per week between 7:00 AM, Local Time to 6:00 PM,
Local Time.
9.6 Recycling Facility. Excluding Holidays, Contractor shall maintain or
cause its provider to maintain the Recycling Facility open and available to receive Program
Recyclables seven days per week between 7:00 AM, Local Time to 6:00 PM, Local Time.
9.7 Holidays. The Town, at its sole discretion, may add or delete holidays. If
the Town elects to add or delete holidays, the Town will provide the Contractor notice in
accordance with the provisions of this Agreement. If a holiday occurs on a scheduled Collection
day, Contractor shall perform the scheduled Collection for the holiday and the remainder of the
week ending on Friday on the next calendar day after the scheduled Collection day. For
purposes of this Agreement, “Holidays” shall include the following:
A. New Year’s Day
B. Independence Day
C. Thanksgiving Day
D. Christmas Day
10. Customer Service Complaints; Billing. Contractor and Contractor’s employees
understand that customer service is of great importance to the Town. Contractor and its
employees will work diligently to provide high quality customer services to the Town and all
customers.
10.1 Customer Service Complaint Resolution Procedure. All customer service
complaints shall initially be directed to the Contractor. The Contractor will generate an
electronic work order outlining all legitimate complaints received. The work order will contain
(A) date and time of call, (B) customer name, address and phone number and (C) type of
complaint. A copy of the work order will then be electronically submitted to the Town,
including a schedule for resolution. The Contractor will resolve each customer complaint in a
timely manner as set forth below:
A. Same Day Request. If the complaint is a Missed Collection or
Missed Block, Contractor shall pick up the Missed Collection or Missed Block on that
same day if the complaint is received by the Contractor prior to 11:00 AM, Local Time.
B. Next Day Request. If the complaint is a Missed Collection or
Missed Block, Contractor shall pick up the Missed Collection or Missed Block before
5:00 PM, Local Time on the next calendar day if the complaint is received by the
Contractor after 11:00 AM, Local Time.
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C. Other Complaints. If the complaint other than a Missed Collection
or Missed Block, Contractor shall resolve the complaint within 24 hours of written notice
of such complaint to Contractor.
10.2 Work Order Reporting. Upon resolution of the customer complaint,
Contractor will close the work order and resubmit it to the Town. The closed work order will
include (A) Contractor’s determination as to legitimacy of the complaint, (B) the date, time and
action taken to resolve complaint and (C) the name of responsible contact at Contractor’s
location regarding the complaint.
11. Damage to Property. The Contractor shall take all necessary precautions to
protect public and private property during the performance of this Contract. Except for
reasonable wear and tear, the Contractor shall repair or replace any private or public property
that is damaged by the Contractor. Such property damages shall be addressed for repair or
replacement, at no charge to the property owner, within 48 hours with property of the same or
equivalent value at the time of the damage. If the Contractor fails to address the repair or
replacement of damaged property within 48 hours, the Town may, but shall not be obligated to,
repair or replace such damaged property and the cost of doing so (A) shall be paid by the
Contractor to the Town within 30 days of receipt of demand therefore or (B) may be deducted by
the Town from only amounts owing to the Contractor.
12. Spillage and Leakage, Litter, Dust and Odor.
12.1 Spillage and Leakage. Contractor shall clean up any spilled or blowing
materials as well as fluids spilled or leaked from Contractor’s vehicles by the Contractor,
Contractor’s employees or authorized person or entity providing service to the Contractor.
During transport, all materials shall be contained, covered and enclosed so that leaking, spilling
and blowing of materials does not occur. Contractor shall perform all cleanups within two hours
of the spillage or leakage.
12.2 Litter. If Contractor operates the Disposal Facility, the Recycling Facility
or the processing facility for Green Waste, the Contractor shall be required to pick up any and all
litter (including any glass spillage) which blows or falls from the Disposal Facility, Recycling
Facility or Green Waste facility onto the site or adjoining or surrounding property by the end of
each workday or by the end of the first shift, if operated for more than ten hours per day. All on-
site parking areas and roadways shall be swept at least once per month.
12.3 Dust and Odor. If Contractor operates the Disposal Facility, the Recycling
Facility or Green Waste facility the Disposal Facility, Recycling Facility and Green Waste
facility shall be operated to prevent the escape of dust and odors. The Contractor shall routinely
clean the tip floor and the process and storage areas.
13. Recordkeeping, Reporting, Audited Financial Statements and Reporting Format.
1346193.7
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13.1 Recordkeeping. The Contractor shall create, maintain and make available
records as defined in, and required by, all applicable local, State and Federal laws, rules and
regulations and any reports as are reasonably necessary to:
A. Deliveries. Document Program Recyclables deliveries, Residential
Solid Waste deliveries, time delivered to Recycling Facility, time delivered to Disposal
Facility, tonnage of material delivered, Rejected Loads by date collected and other
information as requested by Contract Administrator (a monthly summary shall also be
submitted to the Town).
B. Missed Collections; Problem Set-out. Document Missed
Collections, Late Set-outs and Improper Set-outs on a daily basis including the address,
time and date for each and the reason, photograph and notice for Improper Set-outs (a
monthly summary shall also be submitted to the Town).
C. Recovered Material. Document Recovered Material from Program
Recyclables tons marketed by commodity, entity marketed to, price paid by the end
market and other information as requested by Contract Administrator (a monthly and
annual summary shall also be submitted to the Town).
D. Program Recyclables. For Program Recyclables, document
incoming tonnages, residue tonnages, rejects tonnages, hazardous waste tonnages,
marketed tonnages by commodity and inventory tonnages by commodity. Contractor
shall provide an explanation if incoming tonnages does not equal the total of rejects
tonnages, hazardous waste tonnages, marketed tonnages by commodity and inventory
tonnages by commodity (a monthly and annual summary shall also be submitted to the
Town).
E. Hazardous Waste. Document Hazardous Waste including the
source, tonnage, date received, disposal facility and other information as requested by
Contract Administrator (a monthly and annual summary shall also be submitted to the
Town).
F. Other Regulatory Documents. Such other documents and reports
as the Town may reasonably require to verify compliance with the Agreement or to meet
the Town’s reporting requirements with the State (a monthly and annual summary shall
also be submitted to the Town).
G. Residue; Rejects. Document Residue and Rejects separately
including tonnage, description of material, source of material (i.e. Program Recyclables,
Nonprogram Recyclables, hauler, etc.), disposition and other information as requested by
Contract Administrator (a monthly and annual summary shall also be submitted to the
Town).
1346193.7
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H. Recovered Materials Marketing. Report the activities to research,
investigate and develop new markets for Recovered Materials (a monthly and annual
summary shall also be submitted to the Town).
I. Availability of Documents. All of Contractor’s records shall be
available to Town and its representatives at reasonable times and places throughout the
term of this Agreement and for a period of five years after last or final payment.
13.2 Reporting.
A. Initial Reports.
1. Transition Plan. The Contractor shall provide a transition
plan 90 calendar days prior to Commencement Date. This plan shall detail transition to
the Contractor providing Solid Waste Service, Bulk Waste Service, Recycling Service
and Residential Green Waste Service. This transition plan will be submitted for approval
by the Contract Administrator.
2. Processing and Marketing Plan. The Contractor shall
provide a processing and marketing plan 90 calendar days prior to Commencement Date.
This plan shall detail the processing and marketing of all Program Recyclables and
Recyclable Materials at the site. This processing and marketing plan will be submitted
for approval by the Contract Administrator.
3. Hazardous Waste Contingency Plan. The Contractor shall
provide a Hazardous Waste contingency plan, 30 calendar days prior to the
Commencement Date, to the Contract Administrator and to the Town’s Risk Manager.
This plan shall detail what actions shall be taken by the Contractor upon discovery of
Hazardous Waste. This contingency plan will be reviewed by the Contract
Administrator. The plan shall include a copy of a signed contract(s) with a permitted
Hazardous Waste transporter(s) to handle any Hazardous Waste discovered. The plan
must comply with all State and Federal regulations regarding the handling of Hazardous
Waste. Non-conformance with any State or Federal regulation shall cause rejection of
the plan. This Hazardous Waste contingency plan will be submitted for approval by the
Contract Administrator.
B. Monthly Reports. Contractor shall submit all monthly reports
required by this Agreement to the Town Manager or authorized designee within seven
calendar days following the end of each calendar month.
C. Annual Reports. Contractor shall submit all annual reports
required by this Agreement to the Towns Manager or authorized designee within 30
calendar days following the end of the Town’s fiscal year.
13.3 Audited Financial Statements. The Contractor will be required to submit
audited financial statements prepared by an external accounting firm within 90 calendar days of
1346193.7
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the end of the Contractor’s fiscal year end. The audited financial statements may be issued by
either the Contractor, or by Republic Services, Inc. In the event Contractor is acquired, the
Contractor shall notify the Town of the transfer in ownership, whereupon the Town shall have
the option to require that the audited financial statements be submitted by the acquiring entity.
The Contractor has provided a performance bond by Republic Services, Inc., a copy of which is
attached hereto and incorporated herein as Exhibit H. In the event Contractor is acquired, the
Town shall have the option to require that the acquiring entity provide a performance bond in a
form acceptable to the Town Attorney. The financial basis records shall be kept in accordance
with generally accepted accounting principles.
13.4 Report Format. Within 14 days after the Commencement Date, the
Contractor will be required to submit to the Town for its approval the format and sample
contents of the records to be maintained and the reports to be generated in fulfillment of the
requirements of the Agreement. Contractor shall submit all reports in electronic format approved
by the Town and in hard copy.
14. Customer List, Billing and Collections, Payment and Annual Adjustments.
14.1 Customer List. On or prior to Effective Date, the Town shall provide
Contractor with a Residential Service Unit customer list and a Town Facility customer list.
Regardless of the customer list, Contractor shall provide Collection Services to all Residential
Services Units in accordance with this Agreement.
14.2 Billing and Collection.
A. Solid Waste, Bulk Waste, Recycling and Disposal Services. The
Contractor shall bill Residential Service Units for Residential Solid Waste, Bulk Waste,
Recycling Services and Residential Green Waste Services in accordance with the rate structure
established on Forms 5 and 8 respectively, attached hereto as a part of Exhibit C and as may
subsequently be adjusted as set forth in this Agreement.
1. Understandable Bills. Bills will be clear, concise and
understandable. Bills must be fully itemized, clearly delineating all activity during the
billing period, including optional charges, rebates and credits.
2. Uniform Billing. Contractor shall bill all Residential
Service Units in a uniform, non-discriminatory manner, regardless of level of service.
Payment shall be due no sooner than the 15th day of each billing period, and the due date
shall be listed on each bill. Bills shall be mailed no later than the first day of the billing
period. Contractor shall provide a process to accept payments from a homeowners’
association or its authorized representative for Service Units within that homeowners’
association.
3. Customer Dispute. In case of a bill dispute, the Contractor
must respond to a written complaint from a resident within 15 days.
1346193.7
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4. Refunds. Refund checks will be issued promptly, but no
later than the next billing cycle following resolution of the request or 30 days, whichever
is earlier. Credits for service will be issued no later than the next billing cycle following
the determination that a credit is warranted.
5. Individual Rights. Contractor shall not deny service, deny
access, or otherwise discriminate against citizens on the basis of race, color, religion,
national origin, sex, age, or disability. Contractor shall comply at all times with all other
applicable federal, state, and local laws and regulations, and as amended from time to
time, relating to nondiscrimination.
6. Equal Opportunity. Contractor shall strictly adhere to
applicable equal employment opportunity requirements of federal, state, and local
regulations as amended from time to time.
7. Protection of Privacy.
a. At the time of delivery of the Carts to a Residential
Service Unit and at least once a year thereafter, Contractor shall provide notice in the
form of a separate, written statement to each Residential Service Unit that clearly and
conspicuously informs the occupant of:
(1) The nature of personally identifiable
information collected or to be collected and the nature of the use of such
information.
(2) The nature, frequency, and purpose of any
disclosure which may be made of such information, including any identification
of the types of persons to whom the disclosure may be made.
(3) The period during which such information
will be maintained by the Contractor.
(4) The times and place at which the Customer
may have access to such information in accordance with subsection 14.2(A)(7)(e)
below.
(5) The limitations provided by this Section
with respect to the collection and disclosure of information by Contractor and the
right of the Customer to enforce such limitations.
b. For purposes of the subsection, the term “personally
identifiable information” does not include any record aggregate data which does not
identify particular persons.
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c. Except as provided in herein, Contractor shall not
disclose personally identifiable information concerning any customer without the prior
written or electronic consent of the customer concerned.
d. Contractor may disclose such information if the
disclosure is:
(1) Necessary to render, or conduct a legitimate
business activity related to Services provided by the Contractor to the customer.
(2) Made pursuant to a court order authorizing
such disclosure, if the customer is notified of such order by the person to whom
the order is directed.
e. A customer shall be provided, free of charge, access
to all personally identifiable information regarding that customer which is collected and
maintained by Contractor. Such information shall be made available to the customer at
reasonable times and at a convenient place designated by Contractor. A customer shall
be provided reasonable opportunity to correct any error in such information.
f. Contractor shall destroy personally identifiable
information if the information is no longer necessary for the purpose for which it was
collected and there are no pending request or orders for access to such information under
subsection 14.2(A)(7)(e) or pursuant to a court order.
8. Contractor shall establish a procedure for addressing
delinquent accounts and shall be solely responsible for courteous resolution of any
collection matters. The Contractor shall be permitted to remove the Solid Waste Cart,
Recycling Cart and Green Waste Cart from any Residential Service Unit for which fees
for service have become delinquent by more than 60 days after the first notice of
delinquency by the Contractor to the customer. The Contractor shall not receive any
payment from the Town on account of excessive delinquencies.
B. Recycling Facilities Processing and Marketing Services.
Contractor shall submit a monthly bill on or before the 15th day of each month to the
Town for all services performed during the immediate prior calendar month. Contractor
shall ensure that each bill (1) describes services provided to the Town, (2) includes all
charges for the prior month, and (3) includes any other information the Town requests.
Contractor shall bill Town in accordance with the Rate Structure established on Form 5
and as may subsequently be adjusted as set forth in this Agreement.
14.3 Town Payment to Contractor.
A. Town Facility Solid Waste Collection Services. Town shall pay
Contractor for Town Facility Solid Waste Collection Services at the rates set forth on
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Form 6.1 in an amount equal to the Town’s authorized Town Facility Solid Waste
Collection Services minus any disputed amounts and minus any liquidated damages.
B. Town Facility Recycling Collection Services. Town shall pay
Contractor for Town Facility Recycling Collection Services at the rates set forth on Form
6.2 in an amount equal to Town’s authorized Town Facility Recycling Collection
Services minus any disputed amounts and minus any liquidated damages.
14.4 Payment for Variance; Inspections. For the duration of this Agreement,
Contractor shall be solely responsible for the costs associated with the request for and issuance
of a variance by the Maricopa County Environmental Services Division with respect to services
to be provided pursuant to this Agreement. Contractor shall also be responsible for conducting
any inspections required as a condition upon the Town’s variance. Contractor shall provide the
Town with (A) quarterly reports detailing the inspections completed and (B) other such
information or reports as may be requested by the Town from time to time to comply with the
requirements of the variance.
14.5 Annual Rate Adjustments. All costs proposed in Forms 5, 6, 7 and 8
(inclusive) shall remain fixed from the execution of this Agreement through June 30, 2014. On
July 1, 2014 and every July 1st thereafter during the Term of this Agreement, all cost of
Collection Services, excluding costs associated with Carts, costs associated with Containers,
costs of disposal and costs of processing and marketing, shall be adjusted, increased or
decreased, according to this Section. The annual adjustment shall be a composite of two indices,
85% of which will be the Consumer Price Index – All Urban Consumers, CUUSA429SA0,
CWUSA429SA0, Not Seasonally Adjusted, Area: Phoenix-Mesa, Item: All items (“CPI”) and
15 % of which will be the Diesel Fuel price index by the United States Department of Energy
(the “DOE”). The Diesel Fuel adjustment shall be based on the most recent price as of May 1st
of the then-current year as compared to the same price as calculated one year ago for Diesel Fuel
(cents per Gallon), U.S. The CPI adjustment shall be calculated by comparing the index as of
July 1st of the then-current year with the same index as it existed on May 1st of the prior year.
Example: Assume that the CPI-All Urban Consumers, CUUSA429SA0,
CWUSA429SA0, Not Seasonally Adjusted, Area: Phoenix-Mesa, Item: All items
for the first half of 2010 is 105.5 and the first half of 2011 is 110.5. Assume that
the Diesel Fuel price index by the DOE for Diesel Fuel (cents per Gallon), U.S. in
2011 is 308.5 and change from a year ago was –21.5. The calculation is as follows:
110.5-105.5
105.5 x .85 = 4.03%
then
308.5-(308.5-(-21.5))
(308.5-(-21.5)) x .15 = -0.98%
then
4.03% + -0.98% = 3.05% annual rate adjustment
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Notwithstanding the result of the calculation for the composite indices, in no event shall the
cumulative rate adjustment (the CPI plus the Diesel Fuel price index by the DOE) exceed 5% per
year.
15. Public Education Activities. Contractor shall provide the following services
associated with public education notices at no cost to the Town or the customer. Contractor will
at no time place public education notices inside customers’ mailboxes. Contractor shall not
distribute any public education notices to Residential Service Units within the Service Area
without written approval from Contract Administrator.
15.1 Distribution of Program Introduction Notice. Contractor shall distribute,
at Contractor’s own expense, a program introduction notice for each Residential Service Unit for
which Contractor delivers a Cart. The program introduction notice shall be delivered to each
Residential Service Unit twice before Collection begins. Contractor shall deliver the first notice
via first class mail not later than 60 days prior to the Commencement Date. Thereafter,
Contractor shall attach a program introduction notice via a non-adhesive means to each Cart
delivered to a customer or picked up by a customer at the Contractor’s office.
15.2 Development, Printing and Distribution of Improper Set-out Notice.
Contractor shall develop, print and distribute, at Contractor’s own expense, an improper set-out
notice. The improper set-out notice shall be approved by the Town and shall include one
original with two copies. The improper set-out notice shall include (A) the date (B) reason for
non-Collection and (C) Contractor’s customer service telephone number and (D) any other
information the Town requests. Contractor shall attach the original improper set-out notice via a
non-adhesive means to the handle of the Cart. Contractor shall take a digital photo of set-out that
receives an improper set-out notice. Contractor shall maintain copies of improper set-out notices
and digital photos in a format that enables Contractor to immediately retrieve a requested notice
or photo by address. Contractor shall provide a monthly report of improper set-out notices as set
forth in this Agreement.
16. Ownership of Solid Waste and Program Recyclables. Title to Solid Waste,
including Bulk Waste, shall pass to the Contractor once the Contractor takes possession of the
materials at the Residential Service Unit. Title to Program Recyclables shall remain with the
Town until the Recyclable Materials are processed and sold. The risk of loss to the Recyclable
Materials shall pass to Contractor at the time they are picked up by the Contractor. After the risk
of loss passes to Contractor, if any Recyclable Materials are lost, damaged or scavenged,
Contractor shall be liable to the Town for that sum of funds that would have been paid to the
Town in accordance with the provisions of this Agreement. Title to and liability for Hazardous
Waste shall at no time pass to the Town or to Contractor, and shall, at all times, remain with the
generator of the Hazardous Waste.
17. Addition and Deletion of Recyclable Materials. The Town reserves the right to
add or delete other Program Recyclables to the program or delete Recyclable Materials from the
program if the contracting parties agree it is economically and technically feasible. Additional
fees, if any, for recovery of additional Recoverable Materials may be negotiated and
implemented as a change in service fee in an amendment to this Agreement.
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18. Liquidated Damages. Contractor understands that if Contractor does not timely
perform its obligations pursuant to the terms of this Agreement, Town will suffer damages which
are difficult to determine and adequately specify. The acts or omissions set forth in this Section
18 shall be considered a breach of the Contract. The Contractor shall be liable for liquidated
damages amount(s) upon determination of the Town that performance has not occurred
consistent with the provisions of the Agreement. The Town shall notify the Contractor in writing
or electronically of each act or omission in this Agreement reported to or discovered by the
Town. It shall be the duty of the Contractor to take whatever steps or action may be necessary to
remedy the cause of the complaint. The Contractor agrees, in addition to any other remedies
available to the Town, that the Town may deduct the full amount of any damages from any
payment due to the Contractor. The remedy available to the Town under this paragraph shall be
in addition to all other remedies which the Town may have under law or at equity.
18.1 Missed Collection. $25 for each Missed Collection above two misses per
Collection day, to be assessed at the end of each Collection month. A Missed Collection occurs
when (A) a resident reports that their material was set at the curb by 6:00 AM, Local Time and
was not collected (B) the address was not reported by the Contractor as a late set-out or an
improper set-out. Contractor may dispute the designation as a Missed Collection to the Contract
Administrator. In the case of a dispute, the Contract Administrator’s determination shall be final
as to whether a set-out is a Missed Collection.
18.2 Missed Block. $250 for each incident of the Contractor failing to pick up
material on a block. A Missed Block occurs when one side of a street between cross streets or an
entire cul-de-sac where residents from at least three households on that street report that they had
their material out before 6:00 AM, Local Time the material was not picked up, the material was
properly sorted and the address was not reported by the Contractor as a late set-out. Contractor
may dispute the designation as a Missed Block to the Contract Administrator. In the case of a
dispute, the Contract Administrator’s determination shall be final as to whether a block is a
Missed Block.
18.3 Less than Majority Collected. $2,500 for each incident for failure to
complete a majority (50%) of the Collections on a given day.
18.4 Failed Spill Clean-up. $250 for each incident for failure to clean up
material spilled or littered by Contractor within six hours of verbal or written notification.
18.5 Failed Vehicle Maintenance. $100 for each incident for failure to
maintain vehicle in manner which prevents nuisances such as leaky seals or hydraulics.
18.6 Failed Correction of Missed Collection. $250 for each incident for failure
or neglect to collect materials from a Missed Collection location within the amount of time
specified in this Agreement.
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18.7 Failed Cart Maintenance. $100 for each incident for failure to maintain
Carts or Containers in proper working order ten days after notice has been provided by the
Town.
18.8 Fail to Timely Complete Reports. $250 for each incident for failure to
timely provide a complete monthly or annual report.
18.9 Failure to Return Carts. $100 for each incident for failure to return Carts
or Containers to their original locations after collection. For the purposes of this subsection,
“original location” shall mean within ten feet of the location at which the Cart was placed
immediately prior to the Contractor picking it up for service. Contractor shall not be penalized
for any Carts returned to their original location which are subsequently moved by a third party.
18.10 Failure to Provide Updated Maps. $50 per day for each day beyond 30
days after change in routing for failure to provide updated route maps to Town after change in
routing.
18.11 Failure to leave Education Tag. $100 for each incident for failure to leave
an education tag when material that is inappropriately prepared is not collected.
18.12 Failure to Label. $100 for each incident for distributing Carts without
labels that include text and graphics depicting what materials may be placed in the containers.
18.13 Failed Customer Complaint Response. $100 per Business Day thereafter
per incident for failure to respond to any customer complaint received by the close of the
following Business Day.
18.14 Failure to Document Customer Complaints. $50 per Business Day
thereafter per incident for failure to provide the Town with the required resolved customer
complaint documentation.
18.15 Failure to Accept Materials. $3,000 for each day for failure to be able to
accept materials on any day after the date upon which service begins on which materials are to
be collected.
18.16 Failed Reject Handling. $500 for each occurrence for failure to handle
Rejects in accordance with this Agreement.
18.17 Failure to meet Residue Allowance. For Failure to meet annual Residue
Allowance in accordance with this Agreement: (A) $500 for 0.01% to 5.00% over the Residue
Allowance; (B) $1,000 for 5.01% to 10.00% over the Residue Allowance; (C) $1,500 for each
10.01% to 15.00% over the Residue Allowance; (D) $2,000 for 15.01% to 20.00% over the
Residue Allowance; and (E) $2,500 for 20.01% or more over the Residue Allowance.
Exceptions: For the purposes of this Agreement, the Contractor shall not be deemed to be liable
for penalties where its inability to perform Collection Service is the result of conditions of Force
1346193.7
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Majeure as set forth in Section 25 of this Agreement, inclement weather severe enough that
trucks cannot safely take Collections, provided however, that the Contractor shall obtain the
approval for the delay from the Town prior to 3:00 PM, Local Time of the scheduled Collection
day.
19. Payment Withheld. In addition to express provisions elsewhere contained in this
Agreement, Town may withhold from any payment otherwise due the Contractor such amount as
determined necessary to protect the Town’s interests on account of: (i) Unsatisfactory progress
of the work not caused by condition beyond Contractor’s control; (ii) Defective work not
corrected; (iii) Contractor’s failure to carry out instructions or orders of the Town or its
representative; (iv) A reasonable doubt that the Agreement can be completed for the balance then
unpaid; (v) Execution of work not in accordance with the Agreement; (vi) Claim filed by or
against Contractor or reasonable evidence indicating problem filing of claims; (vii) Failure of
Contractor to make payments to any subcontractor for material or labor; (viii) Damage to another
contractor; (ix) Unsafe working conditions allowed to persist by Contractor; (x) Failure of
Contractor to provide required reports and other reports as required by Town; (xi) Use of any
subcontractors without the Town’s prior, written approval; or (xii) Failure of Contractor to
provide accurate invoices and supporting data as describe elsewhere in this agreement. When
the foregoing defaults have been cured, payment shall be made for amounts withheld because of
them and the Town shall never be liable for interest on any delayed or late payment. The
Town’s right to withhold payments under this Section will be reasonable in light of the nature of
the claims and the amount of available insurance and performance bonds pursuant to this
Agreement.
20. Performance Guaranty. Contractor shall furnish the Town with a Performance
Bond covering faithful performance of this Agreement. The bond shall be submitted within 45
days following the Effective Date, but in no event later than the Commencement Date. The
Bond shall be in an amount not less than annual value of this Agreement and in the form
approved by the Town Attorney. The term of the Bond shall be not less than one year beginning
on the Commencement Date. The Contractor shall furnish the Town with a renewal of the Bond
for an additional term of not less than one year from the expiration date of the Bond then in
effect for each year this Agreement is in effect. The renewal of the Bond shall be submitted at
least 30 days prior to the expiration date of the Bond then in effect. Notwithstanding the
foregoing, the Surety shall not be obligated to renew the Performance Bond for any successive
year. Non-renewal shall not be construed as a default by the Contractor under the bond and shall
not be actionable under any bond provided. The Performance Bond shall be limited to one and
only one surety which shall be issued by a Surety Company authorized to do business in the
State of Arizona and have A.M. Best rating of “A” or better and the “T” Underwriting limitation
is not exceeded by this Bond.
21. Taxes. Contractor shall be responsible for and shall pay all sales, consumer, use
and other taxes. When equipment, materials or supplies generally taxable to the Contractor are
eligible for a tax exemption due to the nature of the item, Contractor shall assist Town in
applying for and obtaining such tax credits and exemptions which shall be paid or credited to
Town.
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22. Compliance with Laws and Regulations. The Contractor shall keep fully
informed and shall at all times during the performance of its duties under this Agreement ensure
that it and any person for whom the Contractor is responsible remains in compliance with all
rules, regulations, ordinances, statutes or laws affecting the Services including the following: (i)
existing and future Town and County ordinances and regulations, (ii) existing and future State
and Federal laws, (iii) existing and future Occupational Safety and Health Administration
(“OSHA”) standards, (iv) applicable laws, statutes, codes, rules and regulations related to or
prohibiting discrimination in employment in the performance of its work under this Agreement
and (v) requirements as established by the Congress of the United States in the Fair Labor
Standards Act, as amended from time to time.
23. Town Inspection Rights.
23.1 Town’s Right to Inspect Records, Books, Data and Documents. The
Town or any of its duly authorized representatives shall have access, within 24 hours of
notification, to all books, records, data and documents of the Contractor related to the services
provided under this Agreement for inspection and audit, at Town’s expense. Additionally, the
Contractor shall give the Town written notice of any other professional relationships it enters
into with the Town or any of its agencies or component units during the period of this
Agreement.
23.2 Town’s Rights to Inspect Facilities and Equipment. The Town or any of
its duly authorized representatives shall have access, within 24 hours of notification, to inspect
Contractor’s facilities, including the Disposal Facility and Recycling Facility if operated by the
Contractor, and equipment and perform such inspections, as Town deems reasonably necessary,
to determine whether the services required to be provided by Contractor under this Agreement
conform to the terms hereof and/or the terms of this Agreement. Town shall conduct the
inspection of facilities and equipment during hours of operation. Contractor shall make available
to Town all reasonable facilities and assistance to facilitate the performance of inspections by
Town’s representatives.
24. Dispute Resolution.
24.1 Interpretation of Agreement. Except as provided otherwise in this
Agreement and to the extent permitted by law, the Contract Administrator shall be responsible
for interpreting this Agreement to resolve disputes that may arise hereunder. The parties agree
that any decision rendered by the Contract Administrator in connection with such matters shall
be final and binding upon Contractor, the customer and the Town.
24.2 Definition of Claim. As used herein “claim” means a written demand or
assertion by one of the parties seeking, as a legal right, the payment of money, adjustment or
interpretation of the Agreement terms, or other relief, arising under or relating to this
Agreement. A voucher, invoice, or request for payment that is not in dispute when submitted is
not a claim under this subsection. However, where the submission is subsequently not acted
upon in a reasonable time, or disputed either as to liability or amount, it may be converted to a
claim for the purpose of this subsection. A claim by the Contractor shall be made in writing and
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submitted to the Contract Administrator. When a controversy cannot be resolved by mutual
agreement, the Contractor shall submit a written request for final decision to the Contract
Administrator. The written request shall set forth all the facts surrounding the controversy.
24.3 Process for Dispute Resolution. In connection with any claim under this
clause, the Contractor, at the discretion of the Contract Administrator, may be afforded an
opportunity to be heard and to offer evidence in support of its claim. The Contract Administrator
shall render a written decision on all claims within 30 Business Days of receipt of the
Contractor’s written claim, unless the Contract Administrator determines that a longer period is
necessary to resolve the claim. The decision shall be furnished to the Contractor by certified
mail, return receipt requested, or by any other method that provides evidence of receipt. If a
decision is not issued within 30 calendar days, the Contract Administrator shall notify the
Contractor of the time within which a decision shall be rendered and the reasons for such time
extension. Except as set forth below, the Contract Administrator’s decision shall be final and
conclusive; provided, however, that Contractor may, at its option, initiate litigation in Maricopa
County, Arizona within 120 days if Contractor does not agree with the Contract Administrator’s
decision. Pending resolution of a claim, the Contractor shall proceed diligently with the
performance of the Agreement in accordance with subsection 24.4 below.
24.4 Operations during Dispute. In the event that any dispute arises between
Town and Contractor relating to this Agreement performance or compensation hereunder,
Contractor shall continue to render service and receive compensation in full compliance with all
terms and conditions of this Agreement as interpreted, in good faith, by the Town, regardless of
such dispute. The Contractor expressly recognizes the paramount right and duty of Town to
provide adequate services to its residents and further agrees, in consideration of the execution of
this Agreement, that in the event of such a dispute, if any, it will not seek injunctive relief in any
court without first negotiating with Town in good faith for an adjustment on the matter or matters
in dispute and, upon failure of said negotiations to resolve the dispute shall present the matter to
mediation in the courts of Arizona. If mediation fails, Contractor shall present the matter to a
court in Arizona. Notwithstanding the other provisions in this subsection, Town reserves the
right to terminate this Agreement at any time whenever the service provided by Contractor fails
to meet reasonable standards of the trade, after Town provides written notice to Contractor
pursuant to Section 28 of this Agreement. Upon termination, Town may call the performance
bond and apply the cash and surety bond for the cost of service in excess of that charged to Town
by the firm engaged for the balance of the Agreement period.
25. Force Majeure. Except for any payment obligation by either party, if the Town or
Contractor is unable to perform or is delayed in its performance of any of its obligations under
this Agreement by reason of any event of force majeure, such inability or delay shall be excused
at any time during which compliance therewith is prevented by such event and during such
period thereafter as may be reasonably necessary for the Town or Contractor to correct the
adverse effect of such event of force majeure. An event of “Force Majeure” shall mean the
following events or circumstances to the extent that they delay the Town or Contractor from
performing any of its obligations (other than payment obligations) under this Agreement: acts of
God, tornadoes, hurricanes, floods, sinkholes, fires and explosions (except those caused by
negligence of Contractor, its agents and assigns), landslides, earthquakes, epidemics, quarantine,
1346193.7
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pestilence and extremely abnormal and excessively inclement weather, acts of public enemy, acts
of war, terrorism, effects of nuclear radiation, blockades, insurrection, riots, civil disturbances or
national or international calamities, suspension, termination or interruption of utilities necessary
to the operation of either the Disposal Facility or the Recycling Facility. In order to be entitled
to the benefit of this Section, a party claiming an event of Force Majeure shall be required to
give prompt written notice to the other party specifying in detail the event of Force Majeure and
shall further be required to use its best efforts to cure the event of Force Majeure.
26. Indemnification. To the fullest extent permitted by law, the Contractor, as
Indemnitor, shall indemnify, defend and hold Town, its officers, officials, employees, agents and
volunteers (“Indemnitees”) harmless for, from and against any and all liability, claims, losses,
suits, actions, damages and expenses (including court costs, reasonable attorneys fees, and costs
of claim processing, investigation and litigation (collectively “Claims”) for any personal injury,
bodily injury, loss of life or loss or damage to property or any violation of any Federal, state or
local law or ordinance or other cause related to or arising out of Contractor’s performance of its
obligations pursuant to the terms of this Agreement, caused, in whole or in part by the negligent
or intentional acts or omissions of Contractors, its owners, officers, directors, employees,
subcontractors or agents in the performance of this Agreement. This indemnity includes any
claim or amount arising out of or recovered under the Workers Compensation Law or arising out
of the failure of Indemnitor to conform to any Federal, state or local law, statute, ordinance, rule,
regulation or court decree. It is the specific intention of the parties that the Indemnitee shall, in
all instances except for Claims arising solely from the negligent or willful acts or omissions of
the Indemnitee, be indemnified by Indemnitor from and against any and all Claims. It is agreed
that Contractor will be responsible for primary loss investigation defense and judgment costs
where this indemnification is applicable. The amount and type of insurance coverage
requirements set forth below will in no way be construed as limiting the scope of the indemnity
in this Section.
27. Insurance.
27.1 General.
A. Insurer Qualifications. Without limiting any obligations or
liabilities of Contractor, Contractor shall purchase and maintain, at its own expense,
hereinafter stipulated minimum insurance with insurance companies duly licensed or
authorized by the State of Arizona with an AM Best, Inc. rating of A- or above. Failure
to maintain insurance as specified herein may result in termination of this Agreement at
the Town’s option.
B. No Representation of Coverage Adequacy. By requiring insurance
herein, the Town does not represent that coverage and limits will be adequate to protect
Contractor.
C. Additional Insured. All insurance coverage and self-insured
retention or deductible portions, except Workers’ Compensation insurance and
Professional Liability insurance, if applicable, shall name, to the fullest extent permitted
1346193.7
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by law for claims arising out of Contractor’s performance of this Agreement, the Town,
its agents, representatives, officers, directors, officials and employees as Additional
Insured as specified under the respective coverage sections of this Agreement.
D. Coverage Term. All insurance required herein shall be maintained
in full force and effect until all work or services required to be performed under the terms
of this Agreement are satisfactorily performed and completed, unless specified otherwise
in this Agreement.
E. Primary Insurance. Contractor’s insurance shall be primary
insurance with respect to performance of this Agreement and in the protection of the
Town as an Additional Insured as set forth above in Section 27.1(C).
F. Waiver. All policies, except for Professional Liability and
Workers’ Compensation insurance, shall contain a waiver of rights of recovery
(subrogation) against the Town, its agents, representatives, officials, officers and
employees for any claims arising out of the work or services of Contractor. Contractor
shall arrange to have such subrogation waivers incorporated into each policy via formal
written endorsement thereto.
G. Policy Deductibles and/or Self-Insured Retentions. The policies
set forth in these requirements may provide coverage that contains deductibles or self-
insured retention amounts. Contractor shall be solely responsible for any such deductible
or self-insured retention amount.
H. Use of Subcontractors. If any work under this Agreement is
subcontracted in any way, Contractor shall execute written agreements with its
subcontractors containing the indemnification provisions set forth in this Section and
insurance requirements set forth herein protecting the Town and Contractor. Contractor
shall be responsible for executing any agreements with its subcontractors and obtaining
certificates of insurance verifying the insurance requirements.
I. Evidence of Insurance. Prior to commencing any work or services
under this Agreement, Contractor will provide the Town with suitable evidence of
insurance in the form of certificates of insurance and a copy of the declaration page(s) of
the insurance policies as required by this Agreement, issued by Contractor’s insurance
insurer(s) as evidence that policies are placed with acceptable insurers as specified herein
and provide the required coverages, conditions and limits of coverage specified in this
Agreement and that such coverage and provisions are in full force and effect.
Confidential information such as the policy premium may be redacted from the
declaration page(s) of each insurance policy, provided that such redactions do not alter
any of the information required by this Agreement. The Town shall reasonably rely upon
the certificates of insurance and declaration page(s) of the insurance policies as evidence
of coverage but such acceptance and reliance shall not waive or alter in any way the
insurance requirements or obligations of this Agreement. In the event any insurance
policy required by this Agreement is written on a “claims made” basis, coverage shall
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extend for two years past completion of the Services and the Town’s acceptance of the
Contractor’s work or services and as evidenced by annual certificates of insurance. If
any of the policies required by this Agreement expire during the life of this Agreement, it
shall be Contractor’s responsibility to forward renewal certificates and declaration
page(s) to the Town 30 days prior to the expiration date. All certificates of insurance and
declarations required by this Agreement shall be identified by referencing the RFP
number and title or this Agreement. Additionally, certificates of insurance and
declaration page(s) of the insurance policies submitted without referencing the
appropriate RFP number and title or reference to this Agreement, as applicable, will be
subject to rejection and may be returned or discarded. Certificates of insurance and
declaration page(s) shall specifically include the following provisions:
1. The Town, its agents, representatives, officers, directors,
officials and employees are Additional Insureds as follows:
a. Commercial General Liability - Under Insurance
Services Office, Inc., (“ISO”) Form CG 20 10 03 97 or equivalent.
b. Auto Liability - Under ISO Form CA 20 48 or
equivalent.
c. Excess Liability - Follow Form to underlying
insurance.
2. Contractor’s insurance shall be primary insurance as
respects Contractor’s performance of the Agreement.
3. All policies, except for Professional Liability and Workers’
Compensation, waive rights of recovery (subrogation) against Town, its agents,
representatives, officers, officials and employees for any claims arising out of work or
services performed by Contractor under this Agreement.
4. A 30-day advance notice cancellation provision. If
ACORD certificate of insurance form is used, the phrases in the cancellation provision
“endeavor to” and “but failure to mail such notice shall impose no obligation or liability
of any kind upon the company, its agents or representatives” shall be deleted. Certificate
forms other than ACORD form shall have similar restrictive language deleted.
27.2 Required Insurance Coverage.
A. Commercial General Liability. Contractor shall maintain
“occurrence” form Commercial General Liability insurance with an unimpaired limit of
not less than $3,000,000 for each occurrence, $5,000,000 Products and Completed
Operations Annual Aggregate and a $5,000,000 General Aggregate Limit. The policy
shall cover liability arising from premises, operations, independent contractors, products-
completed operations, personal injury and advertising injury. Coverage under the policy
1346193.7
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will be at least as broad as ISO policy form CG 00 010 93 or equivalent thereof,
including but not limited to, separation of insured’s clause. To the fullest extent allowed
by law, for claims arising out of the performance of this Agreement, the Town, its agents,
representatives, officers, officials and employees shall be cited as an Additional Insured
under ISO, Commercial General Liability Additional Insured Endorsement form CG 20
10 03 97, or equivalent, which shall read “Who is an Insured (Section II) is amended to
include as an insured the person or organization shown in the Schedule, but only with
respect to liability arising out of “your work” for that insured by or for you.” If any
Excess insurance is utilized to fulfill the requirements of this subsection, such Excess
insurance shall be “follow form” equal or broader in coverage scope than underlying
insurance.
B. Vehicle Liability. Contractor shall maintain Business Automobile
Liability insurance with a limit of $2,000,000 each occurrence on Contractor’s owned,
hired and non-owned vehicles assigned to or used in the performance of the Contractor’s
work or services under this Agreement. Coverage will be at least as broad as ISO
coverage code “1” “any auto” policy form CA 00 01 12 93 or equivalent thereof. To the
fullest extent allowed by law, for claims arising out of the performance of this
Agreement, the Town, its agents, representatives, officers, directors, officials and
employees shall be cited as an Additional Insured under ISO Business Auto policy
Designated Insured Endorsement form CA 20 48 or equivalent. If any Excess insurance
is utilized to fulfill the requirements of this subsection, such Excess insurance shall be
“follow form” equal or broader in coverage scope than underlying insurance.
C. Professional Liability. [Intentionally deleted].
D. Workers’ Compensation Insurance. Contractor shall maintain
Workers’ Compensation insurance to cover obligations imposed by federal and state
statutes having jurisdiction over Contractor’s employees engaged in the performance of
work or services under this Agreement and shall also maintain Employers Liability
Insurance of not less than $500,000 for each accident, $500,000 disease for each
employee and $1,000,000 disease policy limit.
27.3 Cancellation and Expiration Notice. Insurance required herein shall not
expire, be canceled, or materially change without 30 calendar days’ prior, written notice to the
Town.
28. Termination; Cancellation.
28.1 By the Town for Cause. In the event there should occur any Material
Breach or Material Default in the performance of any covenant or obligation of Contractor which
has not been remedied within 30 days after receipt of written notice from the Town specifying
such breach or default (or such longer period of time as is reasonably necessary to cure any such
breach or default which is not capable of being cured within 30 days, provided that the
Contractor has undertaken the cure within such 30 days and proceeds diligently thereafter to cure
in an expeditious manner; provided further that such cure period shall not exceed 90 days), the
1346193.7
37
Town, may if such breach or default is continuing, terminate this Agreement upon written notice
to the Contractor. The following events shall, without limitation, constitute a Material Breach or
a Material Default by Contractor for purposes of this Section: (i) contractor shall abandon as
hereinafter defined, the performance of Collection Services for a period of five consecutive
calendar days unless caused by event of Force Majeure. As used herein, the term “abandon”
shall refer to voluntary cessation of performance of Collection Service or operation of the
Disposal Facility or Recycling Facility; (ii) the failure of Contractor to process Program
Recyclables for a period of five consecutive calendar days at any time after the Commencement
Date; (iii) if the Contractor’s hazardous substance contingency plan as required by this
Agreement hereof shall fail to comply with all Federal and State regulations regarding the
handling of hazardous waste; (iv) the failure of Contractor to pay amounts owed to the Town
under the terms of this Agreement within 14 calendar days after such amounts become finally
due and payable; (v) if Contractor shall be not paying its debts when they become due; shall have
filed, or consented by answer or otherwise to the following against it of, a petition for relief or
reorganization and bankruptcy or insolvency law of any jurisdiction; shall make an assignment
for the benefit of its creditors in lieu of taking advantage of any such bankruptcy or insolvency
law; shall consent to the appointment of custodian, receiver, trustee or other officer with similar
powers with respect to any substantial part of its property; shall be adjudicated insolvent or shall
take corporate action for the purpose of any of the forgoing; and (vi) the default by Contractor
with respect to any obligation to any third party pertaining to the Contractor or to Collection
Services, which may permit any third party, either immediately or following notice and/or the
passage of time to accelerate the maturity of any obligation of the Contractor, to assume control
of the Contractor or take possession of or to transfer or caused to be transferred to any third party
any portion of the assets of the Contractor, but only if such default materially interferes with or
prevents Contractor’s performance under the terms of this Agreement.
A. Failure to Cure. If the Contractor shall fail to cure its Breach or
Default as specified in this Section, the Town may terminate this Agreement upon ten
days written notice. In such case, the Contractor shall not be entitled to receive further
payment for services rendered from the effective date of the notice of termination.
B. Notice of Termination. Upon receipt of Notice of Termination,
Contractor shall promptly discontinue all affected work unless the Notice of Termination
directs otherwise, deliver or otherwise make available to Town all data, drawings,
specifications, reports, estimates, summaries, such other information as may have been
required under the terms of Agreement whether completed or in process.
C. Town’s Right to Mitigate. In addition, Town may enter into a
separate contract for the completion of the Agreement, according to its terms and
provisions, or use such other methods as in Town’s sole opinion shall be required for the
completion of the Agreement. All damages, costs and charges incurred by Town,
together with the cost of completing the terms and provisions of the Agreement, shall be
deducted from any monies due or which may become due to Contractor. In case the
damages and expenses so incurred by Town shall exceed the unpaid balance, then
Contractor shall be liable and shall pay to Town the amount of such excess.
1346193.7
38
D. Contractor Not in Breach. If after Notice of Termination it is
determined for any reason that Contractor was not in Breach or Default, then the rights
and obligations of the Town and the Contractor shall be the same as if the Notice of
Termination had not been issued pursuant to the termination for cause clause as set forth
in paragraph 1 of this Section.
28.2 For Town’s Convenience. This Agreement is for the convenience of the
Town and, as such, may be terminated without cause 120 days after receipt by Contractor of
written notice by the Town. In such instance, an adjustment shall be made to the Contractor for
the reasonable costs of the work performed through the date of termination. Termination costs
do not include lost profits, consequential damages, delay damages, unabsorbed or under
absorbed overhead of the Contractor or its subcontractors and/or failure to include termination
for convenience clause into its subcontracts and material purchase orders shall not expose the
Town to liability for lost profits in conjunction with a termination for convenience settlement or
equitable adjustment. Contractor expressly waives any claims for lost profit or consequential
damages, delay damages, or indirect costs which may arise from the Town’s election to
terminate this contract in whole or in part for its convenience.
28.3 Due to Work Stoppage. This Agreement may be terminated by the Town
upon 30 days’ written notice to Contractor in the event that the Services are permanently
abandoned. In the event of such termination due to work stoppage, payment shall be made by
the Town to the Contractor for the undisputed portion of its fee due as of the termination date.
28.4 Conflict of Interest. This Agreement is subject to the provisions of ARIZ.
REV. STAT. § 38-511. The Town may cancel this Agreement without penalty or further
obligations by the Town or any of its departments or agencies if any person significantly
involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of the
Town or any of its departments or agencies is, at any time while the Agreement or any extension
of the Agreement is in effect, an employee of any other party to the Agreement in any Town or a
consultant to any other party of the Agreement with respect to the subject matter of the
Agreement.
28.5 Gratuities. The Town may, by written notice to the Contractor, cancel this
Agreement if it is found by the Town that gratuities, in the form of economic opportunity, future
employment, entertainment, gifts or otherwise, were offered or given by the Contractor or any
agent or representative of the Contractor to any officer, agent or employee of the Town for the
purpose of securing this Agreement. In the event this Agreement is cancelled by the Town
pursuant to this provision, the Town shall be entitled, in addition to any other rights and
remedies, to recover or withhold from the Contractor an amount equal to 150% of the gratuity.
28.6 Agreement Subject to Appropriation. The provisions of this Agreement
for payment of funds by the Town shall be effective when funds are appropriated for purposes of
this Agreement and are actually available for payment. The Town shall be the sole judge and
authority in determining the availability of funds under this Agreement and the Town shall keep
the Contractor fully informed as to the availability of funds for the Agreement. The obligation of
the Town to make any payment pursuant to this Agreement is a current expense of the Town,
1346193.7
39
payable exclusively from such annual appropriations and is not a general obligation or
indebtedness of the Town. If the Town Council fails to appropriate money sufficient to pay the
amounts as set forth in this Agreement during any immediately succeeding fiscal year, this
Agreement shall terminate at the end of then-current fiscal year and the Town and the Contractor
shall relieved of any subsequent obligation under this Agreement.
28.7 By Contractor For Cause. In the event there should occur any Material
Breach or Material Default in the performance of any covenant or obligation of Town which has
not been remedied within 30 days after receipt of written notice from the Contractor specifying
such breach or default (or such longer period of time as is reasonably necessary to cure any such
breach or default which is not capable of being cured within 30 days, provided that the Town has
undertaken the cure within such 30 days and proceeds diligently thereafter to cure in an
expeditious manner), the Contractor, may if such breach or default is continuing, terminate this
Agreement upon written notice to the Town. The following events shall, without limitation,
constitute a Material Breach or a Material Default by Town for purposes of this Section: (i) The
failure of Town to pay amounts owed to the Contractor under the terms of this Agreement within
45 days after such amounts become finally due and payable or (ii) If Town shall have filed, or
consented by answer or otherwise to the following against it of, a petition for relief or
reorganization and bankruptcy or insolvency law of any jurisdiction; shall make an assignment
for the benefit of its creditors in lieu of taking advantage of any such bankruptcy or insolvency
law; shall consent to the appointment of custodian, receiver, trustee or other officer with similar
powers with respect to any substantial part of its property; shall be adjudicated insolvent or shall
take official action for the purpose of any of the foregoing.
A. Failure to Cure. If Town shall fail to cure its Breach or Default as
specified in subsection 28.7 hereof, the Contractor may terminate this Agreement upon
ten days written notice. In such case, the Town shall not be entitled to receive further
payment from the Contractor from the effective date of the Notice of Termination.
B. Damages. All damages, costs and charges incurred by Contractor,
together with the cost of completing the terms and provisions of the Agreement, shall be
deducted from any monies due or which may become due to Town. In case the damages
and expenses so incurred by Contractor shall exceed the unpaid balance, then Town shall
be liable and shall pay to Contractor the amount of such excess.
29. Miscellaneous.
29.1 Survival. Any rights either party may have in the event it terminates this
Agreement pursuant to the terms hereof shall survive such termination.
29.2 Joint Preparation. The preparation of this Agreement has been a joint
effort of the parties and the resulting document shall not, solely as a matter of judicial
construction, be construed more severely against one of the parties than the other.
29.3 Further Assurance. Contractor and Town agree to execute, acknowledge
and deliver and cause to be done, executed, acknowledged and delivered all such further
1346193.7
40
documents and perform such acts as shall reasonably be requested of it in order to carry out this
Agreement and give effect hereto. Accordingly, without in any manner limiting the specific
rights and obligations set forth in this Agreement, the parties declare their intention to cooperate
with each other in effecting the terms of this Agreement.
29.4 Time of the Essence. For purposes herein, the parties agree that time shall
be of the essence of this Agreement and the representations and warranties made are all material
and of the essence of this Agreement.
29.5 Captions and Section Headings. Captions and section headings contained
in this Agreement are for convenience and reference only and in no way define, describe, extend,
or limit the scope or intent of this Agreement, nor the intent of any provision hereof.
29.6 No Waiver. No waiver of any provision in this Agreement shall be
effective unless it is in writing, signed by the party against whom it is asserted and any such
written waiver shall only be applicable to the specific instance to which it relates and shall not be
deemed to be a continuing or future waiver.
29.7 Exhibits. All Exhibits attached hereto contain additional terms of this
Agreement and are incorporated into this Agreement by reference.
29.8 Independent Contractor. The Contractor acknowledges and agrees that the
Services provided under this Agreement are being provided as an independent contractor, not as
an employee or agent of the Town. Contractor, its employees and subcontractors are not entitled
to workers’ compensation benefits from the Town. The Town does not have the authority to
supervise or control the actual work of Contractor, its employees or subcontractors. The
Contractor and not the Town, shall determine the time of its performance of the services
provided under this Agreement so long as Contractor meets the requirements of its agreed scope
of work. Contractor is neither prohibited from entering into other contracts nor prohibited from
practicing its profession elsewhere. Town and Contractor do not intend to nor will they combine
business operations under this Agreement.
29.9 Amendments. This Agreement may be modified only by a written
amendment signed by persons duly authorized to enter into contracts on behalf of the Town and
the Contractor.
29.10 Provisions Required by Law. Each and every provision of law and any
clause required by law to be in the Agreement will be read and enforced as though it were
included herein and, if through mistake or otherwise any such provision is not inserted, or is not
correctly inserted, then upon the application of either party, the Agreement will promptly be
physically amended to make such insertion or correction.
29.11 Severability. In the event that any provision of this Agreement shall, for
any reason, be determined to be invalid, illegal, or unenforceable in any respect by a Court of
competent jurisdiction, the parties hereto shall negotiate in good faith and agree to such
amendments, modifications, or supplements of or to this Agreement or such other appropriate
1346193.7
41
actions as shall, to the maximum extent practicable in light of such determination, implement and
give effect to the intentions of the parties as reflected herein and the other provisions of this
Agreement shall, as so amended, modified, or supplemented, or otherwise affected by such
action remain in full force and effect.
29.12 Entire Agreement; Interpretation; Parol Evidence. This Agreement
represents the entire agreement of the parties with respect to its subject matter and all previous
agreements, whether oral or written, entered into prior to this Agreement are hereby revoked and
superseded by this Agreement. No representations, warranties, inducements or oral agreements
have been made by any of the parties except as expressly set forth herein, or in any other
contemporaneous written agreement executed for the purposes of carrying out the provisions of
this Agreement. This Agreement shall be construed and interpreted according to its plain
meaning and no presumption shall be deemed to apply in favor of, or against the party drafting
the Agreement. The parties acknowledge and agree that each has had the opportunity to seek
and utilize legal counsel in the drafting of, review of and entry into this Agreement.
29.13 Assignment. No right or interest in this Agreement shall be assigned by
Contractor without prior, written permission of the Town signed by the Town Manager and no
delegation of any duty of Contractor shall be made without prior, written permission of the Town
signed by the Town Manager. Any attempted assignment or delegation by Contractor in
violation of this provision shall be a breach of this Agreement by Contractor. This Agreement
and the rights and obligation contained herein shall inure to the benefit of and be binding upon
the parties hereto and their respective successors and assigns.
29.14 Subcontracts. This Agreement and any permits required for performance
of the Agreement may not be assigned, subcontracted, conveyed, or otherwise disposed of
without the prior, written approval of the Town, which will not be unreasonably withheld. No
such assignment or subcontracting shall relieve Contractor of its liability under this Agreement.
In the event Contractor elects to use any subcontractors, this does not relieve Contractor from
any prime responsibility of full and complete satisfactory and acceptable performance under any
awarded Agreement. However, the Agreement may be assigned for the purpose of financing
after notification of the terms of such assignment to the Town Manager or authorized designee.
29.15 Rights and Remedies. No provision in this Agreement shall be construed,
expressly or by implication, as waiver by the Town of any existing or future right and/or remedy
available by law in the event of any claim of default or breach of this Agreement. The failure of
the Town to insist upon the strict performance of any term or condition of this Agreement or to
exercise or delay the exercise of any right or remedy provided in this Agreement, or by law, or
the Town’s acceptance of and payment for services, shall not release the Contractor from any
responsibilities or obligations imposed by this Agreement or by law and shall not be deemed a
waiver of any right of the Town to insist upon the strict performance of this Agreement.
29.16 Attorneys’ Fees. In the event either party brings any action for any relief,
declaratory or otherwise, arising out of this Agreement or on account of any breach or default
hereof, the prevailing party shall be entitled to receive from the other party reasonable attorneys’
fees and reasonable costs and expenses, determined by the court sitting without a jury, which
1346193.7
42
shall be deemed to have accrued on the commencement of such action and shall be enforced
whether or not such action is prosecuted through judgment.
29.17 Liens. All materials or services shall be free of all liens and, if the Town
requests, a formal release of all liens shall be delivered to the Town.
29.18 Offset.
A. Offset for Damages. In addition to all other remedies at law or
equity, the Town may offset from any money due to the Contractor any amounts Contractor
owes to the Town for damages resulting from breach or deficiencies in performance or breach of
any obligation under this Agreement.
B. Offset for Delinquent Fees or Taxes. The Town may offset from
any money due to the Contractor any amounts Contractor owes to the Town for delinquent fees,
transaction privilege taxes and property taxes, including any interest or penalties.
29.19 Notices and Requests. Unless a specific time frame for notice is otherwise
specifically set forth in this Agreement (including, but not limited to Subsections 5.3, 5.4, 6.1,
9.4, 23.1, 25 and 29.21), any notice or other communication required or permitted to be given
under this Agreement shall be in writing and shall be deemed to have been duly given if (A)
delivered to the party at the address set forth below, (B) deposited in the U.S. Mail, registered or
certified, return receipt requested, to the address set forth below, (C) given to a recognized and
reputable overnight delivery service, to the address set forth below or (D) delivered by facsimile
transmission to the number set forth below:
If to the Town: Town of Fountain Hills
16705 East Avenue of the Fountains
Fountain Hills, Arizona 85268
Facsimile: (480) 816-0100
Attn: Richard L. Davis, Town Manager
With copy to: GUST ROSENFELD, P.L.C.
201 East Washington Street, Suite 800
Phoenix, Arizona 85004-2327
Facsimile: (602) 340-1538
Attn: Andrew J. McGuire, Esq.
If to Contractor: Allied Waste Services of Phoenix
4811 West Lower Buckeye Road
Phoenix, Arizona 85043
Facsimile: 602-237-2641
Attn: Mark Creswell
With a copy to: Republic Services, Inc.
18500 N. Allied Way
1346193.7
43
Phoenix, Arizona 85054
Facsimile: (480) 718-4274
Attn: Vice President, Deputy General Counsel - Western
Operations
or at such other address and to the attention of such other person or officer, as any party may
designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed
received (A) when delivered to the party, (B) three Business Days after being placed in the U.S.
Mail, properly addressed, with sufficient postage, (C) the following Business Day after being
given to a recognized overnight delivery service, with the person giving the notice paying all
required charges and instructing the delivery service to deliver on the following Business Day, or
(D) when received by facsimile transmission during the normal business hours of the recipient.
If a copy of a notice is also given to a party’s counsel or other recipient, the provisions above
governing the date on which a notice is deemed to have been received by a party shall mean and
refer to the date on which the party and not its counsel or other recipient to which a copy of the
notice may be sent, is deemed to have received the notice.
29.20 Confidentiality of Records. The Contractor shall establish and maintain
procedures and controls that are acceptable to the Town for the purpose of ensuring that
information contained in its records or obtained from the Town or from others in carrying out its
obligations under this Agreement shall not be used or disclosed by it, its agents, officers, or
employees, except as required to perform Contractor’s duties under this Agreement. Persons
requesting such information should be referred to the Town. Contractor also agrees that any
information pertaining to individual persons shall not be divulged other than to employees or
officers of Contractor as needed for the performance of duties under this Agreement.
29.21 Records and Audit Rights. Contractor’s and its subcontractor’s books,
records, correspondence, accounting procedures and practices and any other supporting evidence
relating to this Agreement, including the papers of any Contractor and its subcontractors’
employees who perform any work or Services pursuant to this Agreement to ensure that the
Contractor and its subcontractors are complying with the warranty under subsection 29.22 below
(all the foregoing hereinafter referred to as “Records”), shall be open to inspection and subject to
audit and/or reproduction during normal working hours by the Town, to the extent necessary to
adequately permit (A) evaluation and verification of any invoices, payments or claims based on
Contractor’s and its subcontractors’ actual costs (including direct and indirect costs and overhead
allocations) incurred, or units expended directly in the performance of work under this
Agreement and (B) evaluation of the Contractor’s and its subcontractors’ compliance with the
Arizona employer sanctions laws referenced in subsection 29.22 below. To the extent necessary
for the Town to audit Records as set forth in this subsection, Contractor and its subcontractors
hereby waive any rights to keep such Records confidential. For the purpose of evaluating or
verifying such actual or claimed costs or units expended, the Town shall have access to said
Records, even if located at its subcontractors’ facilities, from the effective date of this Agreement
for the duration of the work and until three years after the date of final payment by the Town to
Contractor pursuant to this Agreement. Contractor and its subcontractors shall provide the Town
with adequate and appropriate workspace so that the Town can conduct audits in compliance
with the provisions of this subsection. The Town shall give Contractor or its subcontractors
1346193.7
44
reasonable advance notice of intended audits. Contractor shall require its subcontractors to
comply with the provisions of this subsection by insertion of the requirements hereof in any
subcontract pursuant to this Agreement.
29.22 E-verify Requirements. To the extent applicable under ARIZ. REV. STAT.
§ 41-4401, the Contractor and its subcontractors warrant compliance with all Federal
immigration laws and regulations that relate to their employees and compliance with the E-verify
requirements under ARIZ. REV. STAT. § 23-214(A). Contractor’s or its subcontractor’s failure to
comply with such warranty shall be deemed a material breach of this Agreement and may result
in the termination of this Agreement by the Town.
29.23 Scrutinized Business Operations. Pursuant to ARIZ. REV. STAT. §§ 35-
391.06 and 35-393.06, the Contractor certifies that it does not have scrutinized business
operations in Sudan or Iran. For the purpose of this subsection the term “scrutinized business
operations” shall have the meanings set forth in ARIZ. REV. STAT. § 35-391 or 35-393, as
applicable. If the Town determines that the Contractor submitted a false certification, the Town
may impose remedies as provided by law including terminating this Agreement pursuant to
subsection 28.1 above.
29.24 Conflicting Terms. In the event of any inconsistency, conflict or
ambiguity among the Agreement, the Scope of Work, the Fee Proposal, the RFP and the
Contractor’s Proposal, the documents shall govern in the order listed herein.
29.25 Applicable Law; Venue. This Agreement shall be governed by the laws of
the State of Arizona and suit pertaining to this Agreement may be brought only in courts in the
State of Arizona, Maricopa County.
IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the date
and year first set forth above.
“Town” “Contractor”
TOWN OF FOUNTAIN HILLS, an Arizona ALLIED WASTE TRANSPORTATION, INC,
municipal corporation a Delaware corporation d/b/a Allied Waste
Services of Phoenix
By:
Jay T. Schlum, Mayor Stephen Meyer, Area President
ATTEST:
Bevelyn J. Bender, Town Clerk
1346193.7
45
(ACKNOWLEDGEMENTS)
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
This instrument was acknowledged before me on , 2010,
by Jay T. Schlum, the Mayor of the TOWN OF FOUNTAIN HILLS, an Arizona municipal
corporation, on behalf of the Town of Fountain Hills.
Notary Public in and for the State of Arizona
My Commission Expires:
STATE OF )
) ss.
COUNTY OF )
This instrument was acknowledged before me on , 2010,
by Stephen Meyer as Area President of ALLIED WASTE TRANSPORTATION, INC., a
Delaware corporation d/b/a ALLIED WASTE SERVICES OF PHOENIX, on behalf of the
corporation.
Notary Public in and for the State of
My Commission Expires:
1346193.7
EXHIBIT A
TO
SOLID WASTE SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
ALLIED WASTE TRANSPORTATION, INC.
D/B/A ALLIED WASTE SERVICES OF PHOENIX
[RFP]
See following pages.
1346193.7
EXHIBIT B
TO
SOLID WASTE SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
ALLIED WASTE TRANSPORTATION, INC.
D/B/A ALLIED WASTE SERVICES OF PHOENIX
[Contractor’s Proposal]
See following pages.
1346193.7
EXHIBIT C
TO
SOLID WASTE SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
ALLIED WASTE TRANSPORTATION, INC.
D/B/A ALLIED WASTE SERVICES OF PHOENIX
[Fee Proposal – Completed Forms 5 - 7]
See following page(s).
1346193.7
EXHIBIT D
TO
SOLID WASTE SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
ALLIED WASTE TRANSPORTATION, INC.
D/B/A ALLIED WASTE SERVICES OF PHOENIX
[Phase-in Schedule/Map]
See following page(s).
1346193.7
EXHIBIT D WILL BE INCLUDED HEREIN AFTER EXECUTION OF THIS AGREEMENT,
UPON CONCURRENCE OF BOTH PARTIES.
1346193.7
EXHIBIT E
TO
SOLID WASTE SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
ALLIED WASTE TRANSPORTATION, INC.
D/B/A ALLIED WASTE SERVICES OF PHOENIX
[Materials Acceptance Protocol]
See following page(s).
1346193.7
EXHIBIT F
TO
SOLID WASTE SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
ALLIED WASTE TRANSPORTATION, INC.
D/B/A ALLIED WASTE SERVICES OF PHOENIX
[Recycling Materials Processing Contract]
See following page(s).
1346193.7
EXHIBIT G
TO
SOLID WASTE SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
ALLIED WASTE TRANSPORTATION, INC.
D/B/A ALLIED WASTE SERVICES OF PHOENIX
[Disposal Services Contract]
See following page(s).
1346193.7
EXHIBIT H
TO
SOLID WASTE SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
ALLIED WASTE TRANSPORTATION, INC.
D/B/A ALLIED WASTE SERVICES OF PHOENIX
[Performance Bond]
See following page(s).
Adopting Minimum Standards:
At least 3 architecturally different house façade designs for EACH
Standard House Plan
At least 3 architecturally different patio designs for EACH Standard
House Plan
At least 2 different garage door designs for EACH Standard House
Plan
Submittal of floor plans with options for EACH Standard House Plan
Prior approval of a “Lot Fit Analysis”
Prohibits the same house being built on adjacent lots
Submittal of materials and color samples and requires variations of
color on adjacent lots
Allows for reverse elevations
Detailing on facades and windows will be standard
Disguising and/or screening of mechanical equipment
Maintenance of aesthetic quality in
new tract residential developments
Increased efficiency and speed in
individual house plan reviews
No additional meetings or hearings
Allows for Standard Plan transfers
when appropriate
Approval of Ordinance #10-04 will allow the
Town to ensure that any new tract housing
developments will maintain a high level of
aesthetic quality and variety.
Staff Recommends Approval
The Planning & Zoning Commission Recommends
Approval.