1.46 Work Day – “Work Day” means Monday through Friday when used in the context of Residential Service Recipient services and means Monday through Saturday when used in the context of NonResidential Service Recipient Services.
ARTICLE 2
TERM OF AGREEMENT
2.1 Term - The Term of this Agreement (“Term”) shall be twenty (20) years, from January 1, 2021 to December 31, 2040 and shall be effective on the last date signed by the Parties (“Effecive Date”).
2.2 Option to Extend Term - Franchisee and the Town shall each have the option to request an extension of this Agreement for an additional five years. On or before December 31, 2038, either party may provide the other party written notice of its desire to extend or not extend the Term of this Agreement by providing at least ninety (90) days advanced written notice. Franchisee and the Town may mutually extend this Agreement for up to five (5) additional years, whether one (1) five (5) year extension, five (5) one (1) year extensions or any combination thereof.
ARTICLE 3
EXCLUSIVE PRIVILEGE
3.1 Grant of Exclusive Franchise to Franchisee - Pursuant to California Public Resources Code Sections 40059 and 49300, Town hereby grants to Franchisee the exclusive franchise to collect, transport, recycle, process and dispose of all Mixed Compostable Materials, Recyclable Materials, Yard Trimmings, and Bulky Goods within the Service Area for Residential and NonResidential Service Recipients as described in Article 5 for the Term of this Agreement; and the exclusive franchise to collect, transport, recycle, process and dispose of all Construction and Demolition Debris, beginning January 1, 2026 until the termination of this Agreement. Franchisee will:
A. Collect and transport for processing and composting all Mixed Compostable Materials generated in the Service Area, subject to the conditions, restrictions and covenants of this Agreement.
B. Collect and transport for processing all Recyclable Materials generated in the Service Area, subject to the conditions, restrictions and covenants of this Agreement.
C. Collect and transport for processing and composting all Yard Trimmings generated in the Service Area, subject to the conditions, restrictions and covenants of this Agreement.
D. Beginning January 1, 2026, collect and transport for processing all construction and demolition debris generated in the Service Area, subject to the conditions, restrictions and covenants of this Agreement.
3.2 Exceptions - The exclusive franchise granted to Franchisee to perform collection services does not extend to any of the following, and Town expressly reserves the right to allow other service providers, by contract or otherwise, to perform any or all of the following in Town:
A. Collection and processing of any recyclable materials not specifically included in the definition of Recyclable Materials, which have value equal to or more than the cost of collection, including scrap wood, individual pieces of scrap metal weighing more than forty (40) pounds, and other Recyclable Materials. Other persons or service providers shall maintain the right to pay Service Recipients for source separated Recyclable Materials and Service Recipients may receive compensation for such materials; however, other persons or service providers may not receive payment or compensation of any type by the Service Recipient for the collection or processing of such materials.
Final Agreement Town of Atherton and GreenWaste Recovery, Inc. November 19, 2020 Page 9 of 107 ATTACHMENT 1
B. Collection of grease wastes from grease traps or grease interceptors.
C. Collection of horse manure from residences or non-residential properties.
D. Collection of Hazardous Materials.
E. Collection of Non-Hazardous Materials that is greater than fifty percent (50%) liquid (including septic tank pumpings, and other liquid wastes).
F. Recyclable beverage containers delivered for Recycling by Service Recipients under the California Beverage Container Recycling Litter Reduction Act, Section 14500 et seq.
California Public Resources Code.
G. By-products of sewage treatment including sludge, sludge ash, grit, and screenings.
H. Hazardous Waste, Household Hazardous Waste, and infectious waste.
I. Source separated E-Scrap and Universal Waste.
J. Organic Materials composted at Residential Service Recipient and Non-Residential Service Recipient Premises.
K. Materials generated by State facilities (including public schools), provided that the generator has arranged services with other persons or has arranged services with the Franchisee through a separate agreement.
L. Organic Materials removed from a premise by a gardening, landscaping, or tree trimming company as an incidental part of a total service offered by that company rather than as a hauling service where no Debris Box Containers are used for the collection and transportation of such materials.
M. Bulky Goods removed from a premise by a property management or maintenance company as an incidental part of the total cleanup or maintenance service offered by the company rather than as a hauling service, where no Debris Box Containers are used for the collection and transportation of such Bulky Goods.
O. Garbage, Recyclable Materials, Organic Waste, Bulky Goods, and Construction and Demolition Debris collected in a Debris Box Container prior to January 1, 2026.
3.3 Recycling Options of Service Recipients - Nothing in this Agreement shall be construed as requiring Service Recipients to set out Recyclable Materials or Bulky Goods for collection by Franchisee. Service Recipients may dispose of Recyclable Materials and Bulky Goods through other appropriate means including, but not limited to, taking Recyclable Materials or Bulky Goods to drop-off facilities, and donating or selling Recyclable Materials or Bulky Goods to private or public entities, provided, however that Service Recipients shall not be permitted to compensate any private or public entity for the moving, loading, removal, transportation, processing or disposal or similar disposition of any Recyclable Materials or Bulky Goods generated by the Service Recipient within the Town.
3.4 Commingling of Mixed Compostable Materials, Recyclable Materials and Yard Trimmings
3.4.1 Commingling of Town Mixed Compostable Materials with Recyclable Materials and Yard Trimmings - Franchisee shall not commingle, in the collection vehicles or at the processing facility or otherwise, any Yard Trimmings, or Mixed Compostable Materials collected pursuant to this Agreement with any Recyclable Materials separated for collection by the resident pursuant to this Agreement, unless specifically approved in advance in writing by the City Manager.
3.4.2 Commingling of Non-Town Recyclable Materials and Yard Trimmings - Franchisee may commingle, in the collection vehicles, Mixed Compostable Materials, Recyclable Materials or Yard Trimmings collected pursuant to this Agreement with materials of the same type collected by Franchisee from any place outside Town, only if Franchisee can continue to provide accurate and complete data, and audited records of the types and amounts of Recyclable Materials and Yard Trimmings collected from within and outside Town.
Final Agreement Town of Atherton and GreenWaste Recovery, Inc. November 19, 2020 Page 10 of 107