65B - INITIATION OF NEW SOLID WASTE SRVS CONTRACT PROCESS

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(20) Curbside Service Unit shall mean each single family residence and duplex unit which receives curbside collection services provided by CONTRACTOR. This shall include commercial curbside users and any multi -family, business or professional user which does not require Bin Service as determined by the Executive Director. (21) Customer shall mean a user of CONTRACTOR's bin or roll -off container service. (22) Disposal Site shall mean any licensed landfill site permitted by the California Integrated Waste Management Board for the receipt and ultimate disposition of Solid Waste. (23) Executive Director shall mean the Executive Director of Public Works of CITY, or his or her designate. (24) Gate Fees shall mean those charges by a Disposal Site for Solid Wastes disposed of at said site. Gate Fees are also known as "tipping" fees and "landfill" fees. (25) Gross Receipts means and includes all revenues actually received by CONTRACTOR arising from, or attributable to, the services provided by CONTRACTOR to its Customers in the CITY pursuant to this Agreement. Gross Receipts include Gate Fees as defined herein. Gross Revenue does not include any revenue received by CONTRACTOR from the sale of Recyclable Solid Waste. Notwithstanding the above, "Gross Receipts" shall not include any SMaRT Fees collected by the CONTRACTOR from the customer as authorized by Section 7 of Exhibit "C" herein. (26) Hauling Charges shall mean those portions of the curbside, bin, roll -off and other rates provided for in this Agreement which compensate CONTRACTOR for the Solid Waste - - - — -collection and -transporting services -required of COPd-TRACTOR-ander-uiis A— ecmieiii.The - parties have agreed upon the initial Hauling Charges as set forth hereinafter, and such charges are subject to adjustments as provided in this Agreement. (27) Hazardous Wastes are those wastes which, because of their physical or chemical characteristics, and are defined as a "hazardous substance" or "hazardous waste" pursuant to the Resource Conservation and Recovery Act" ("RCRA"), cannot be disposed of in a Class III landfill under the applicable laws and regulations of the State of California. (28) Industrial Solid Wastes means Solid Waste originating from mechanized manufacturing facilities, factories, refineries, and publicly operated treatment works, and/or Solid Wastes placed in bins and/or roll -off containers. (29) Licensed Equipment means the Solid Waste collection and Recycling vehicles and Solid Waste collection and Recycling plastic carts licensed by the CITY to the CONTRACTOR pursuant to Section 11 of this Agreement. (30) Materials Recovery Facility means a facility permitted as a Solid Waste Facility by the California Integrated Waste Management Board for sorting, separating and processing of Recyclable Solid Wastes as well as the segregation and transportation of non -Recyclable Solid Wastes to a Disposal Site. 4 65B-14