Sample Late Payment Notice

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					         CRRA 2007
   Navigating to Zero Waste
        Strategies to structure
refuse/recycling fees that arguably are
 not subject to Prop 218, after the CA
Supreme Court's ruling in the "Bighorn"
                  case

     Constance Hornig
           Law Offices
323 934-4601 Hornig@MSWesq.com
     Monday, July 30, 2007 2:45-4:15
    PRESENTATION SUMMARY

     1.    Prop 218 procedural and substantive
           requirements

     2.    Consequent procurement, policy and
           program    constraints   –   possible
           characterizations of variable rates /
           PAYT (sample contract preambles)

     3.    Distinguish Bighorn water service
           fees from refuse/recycling service
           fees
Constance Hornig, Esq. 323 934-4601
    PRESENTATION SUMMARY

     4. Strategy #1: Break the link to property: self-haul
           & mandatory service / opt-out rights (sample regulation
           and contract preamble)
     5. Strategy #2: Authorize hauler to “set” rates, up to
           maximum cap/ceiling (sample performance obligation
           and contract preambles)
     6. Strategy #3: Obligate hauler to provide private
           billing service (sample performance specification)
     7. Strategy #4: Treat franchise fee as just another cost of
           doing service.



Constance Hornig, Esq. 323 934-4601
    Prop 218 (CA Constitution XIII D
    “ASSESMENT AND PROPERTY-RELATED
    FEE REFORM / D. Property Related Fees and
          procedural
    Charges :

    requirements (refuse)
   parcel notice and public hearing,
    subject to protest by majority of
    owners of identified parcels (XIII
    D 6a) - not referendum
Hornig@MSWesq.com
    Prop 218: substantive
    requirements (MSW)
   Fees cannot exceed the cost of
    service:
      cannot be used to supplement a city‟s general
       fund (XIII D 6b(1) and (2))
      must be proportional to actual use of service (XIII
       D 6b(3)),
      cannot be standby charges (XIII D 6b(4)),
      cannot be used for general governmental
       services like police, fire, ambulance or libraries
       (XIII D 6b(5)).
Hornig@MSWesq.com
    Being subject to Prop 218 places
       (1) procurement,
       (2) policy and

       (3) program

    constraints on
       (a)regulatory and
       (b) contractual
    refuse/recycling infrastructure.
Hornig@MSWesq.com
   Prop 218 constraints:

   (1) Procedural compliance:

   TIME: extends procurement
   schedule to mail notices / hold
   public hearing, and

   MONEY: incurs cost to mail notices
Hornig@MSWesq.com
     Prop 218 constraints:

    (2) Substantive compliance:
    Ratepayer subsidy of general program
     costs prohibited (no “free” service):
       *recycling / safe disposal education and
       outreach
       *community hazardous waste / e-waste
       collection events
       *discount for qualifying elderly
       *”free” cart roll-out for handicapped/elderly
Hornig@MSWesq.com
   Prop 218 constraints:

    (3) no VARIABLE RATES?

   Marginal cost of service is
   relatively small for hauler;
   incremental rate for generator is
   relatively large to provide
   economic incentive to divert.

Hornig@MSWesq.com
   VARIABLE RATES /PAYT:
   not cost-based

   http://www.forester.net/mw_0405_legal
   .html “Variable Can Pricing: Generator Diversion/ Hauler
   Generation Incentive”




Hornig@MSWesq.com
    VARIABLE RATES /
    PAYT: not cost-based
 But argue that:
 (1) Variable Rate Component of the
   Rates represents an avoided cost of
   disposing of those materials (such as
   potential AB 939 fines and penalties)
   and is properly reflected in the total
   rates paid by waste generators.

Hornig@MSWesq.com
    VARIABLE RATES /
    PAYT: not cost-based
  And argue that:
  (2) Variable rates implement a local
    government‟s regulatory solid waste
    diversion program (by franchise) and
    comprises an environmental mitigation
    charge, not a charge imposed as an
    incident of property ownership.


Hornig@MSWesq.com
     Variable / PAYT rates: Sample
     preambles to collection contract:
     “Variable Rate Component of Rates reflect [local
        government’s] recycling costs. [The local government], not
        any waste hauler, is liable to the State under the AB 939 for any
        fines up to $10,000 each day levied for noncompliance with AB
        939. Under this Agreement, residents and businesses that
        recycle less and dispose more, pay higher rates for their
        incremental refuse disposal service. This pay-as-you throw rate
        gives residents and business a monetary incentive to divert, not
        dispose.

        Diverting recyclables and yard and wood waste from landfills
        through recycling and composting saves and reduces landfill
        disposal costs. Therefore, the [Variable Rate Component of the
        Rates] represents an avoided cost of disposing of those materials
        and is properly reflected in the total Rates paid by waste
        generators.

     Furthermore, the [Variable Rate Component] implements the [local
        government’s] regulatory solid waste diversion program (by
        franchise) and comprises an environmental mitigation charge,
        not a charge imposed as an incident of property ownership.”

Constance Hornig, Esq. 323 934-4601
  Bighorn-Desert View Water
  Agency v. Verjil
  Holding: Local voters can reduce water
   rates by initiative (CA Constitution XIII C
   Section 3).
  Reasoning: Supreme Court looked to XIII
   D “ASSESMENT AND PROPERTY-RELATED FEE
    REFORM / D. Property Related Fees and Charges”

  Section 2(e) to define “fee” or “charge”.
  http://www.courtinfo.ca.gov/opinions/
Hornig@MSWesq.com
   XIIID “ASSESMENT AND
   PROPERTY-RELATED FEE
   REFORM / Property Related Fees
   and Charges”
  “Fee” or “charge” means any levy
    imposed by an agency upon a parcel or
    upon a person as an incident of
    property ownership, including a user
    free or charge for a property-related
    service (XIII D 2(e)), which includes
    tenancies (XIII D 2(g)).
Hornig@MSWesq.com
     Bighorn: ongoing water (and
     refuse?) service fees are subject
     to Prop 218
    ARGUMENT (1): In the ballot pamphlet for
     the election at which article XIII D was
     adopted, the Legislative Analyst stated
     that „[f]ees for water, sewer, and refuse
     collection service probably meet the
     measure‟s definition of property-related
     fee.‟ (Ballot Pamp., Gen. Elec. (Nov. 5,
     1996), analysis of Prop. 218 by Legis.
     Analyst, p. 73.)
Constance Hornig, Esq. 323 934-4601
     (i) Water is indispensable to most uses of
           real property
     (ii) Water is provided via pipes that are
           physically connected to property
     (iii) Lien can be imposed on property for
           delinquent fees (CA Government
           Code 61621, 61621.3)



Constance Hornig, Esq. 323 934-4601
   Bighorn: ongoing water
   (and refuse?) service fees
   are subject to Prop 218
   ARGUMENT (2): Only electrical and
      gas fees are explicitly not deemed
      charges or fees imposed as an
      incident of property ownership (XIII D
      section 3(b)) . . . so conversely,
      exclusion of water [and refuse] is
      implied.
Constance Hornig, Esq. 323 934-4601
     Bighorn: ongoing water
     (and refuse) service fees
     are subject to Prop 218
    ARGUMENT(3): fees for sewer, water
     and refuse collection services are
     expressly excluded from voter approval
     requirements (XII D section 6( c)) so,
     by implication, fees for water, sewer
     and refuse are subject to other
     requirements (procedural and
     substantive)
Constance Hornig, Esq. 323 934-4601
     Bighorn: water connection
     fees are not imposed “as
     an incident of property
     ownership” because property
     owner voluntarily decides to connect
     his property to the water system (citing
     Richmond v. Shasta Community Services Dist. (2004)
     32 Cal.4th 409)      . . .but

Constance Hornig, Esq. 323 934-4601
    Bighorn: ongoing water fees
    [user fees] are imposed “as
    an incident of property
    ownership” because they
    require “nothing other than
    normal ownership and use of
    property”. This applies to
    fees based on consumption.
Constance Hornig, Esq. 323 934-4601
 Distinguishing refuse from water under Bighorn:
     water service differs from waste collection,
     which is not necessarily “property related” &
     subject to Prop 218.
 (i) Water is indispensable to most uses of real
     property; refuse service is not, if owner/occupant
     can self-haul (including mandatory service opt-
     out)
 (ii) Water is provided via pipes that are physically
     connected to property; refuse service is provide
     via mobile trucks that travel on wheels
 (iii) Lien can be imposed on property for delinquent
     fees (CA Government Code 61621, 61621.3); but
     local governments are not required to impose
     liens for delinquent refuse service fees


Constance Hornig, Esq. 323 934-4601
    Strategy #1: Break the link to
    property: self-haul & mandatory
    service / opt-out rights
    Warning:
    *hauler might raise proposed rates to reflect
       risk of possible lost revenues;
    *local government might realize lower
       franchise or AB 939 fee revenue that
       funds programs – especially recycling
       education / outreach, special waste
       collection
Constance Hornig, Esq. 323 934-4601
    Strategy #1: Break the link to
    property: Sample preambles to collection
    contract (opt-out):
 “Customers can opt-out of mandatory service
   and payment of Rates. Residents and
   businesses in [portions of the Service Area] live
   in mandatory service areas, but nevertheless
   they may opt-out of service provided under this
   Agreement if they document that they are
   disposing of their refuse at a legally permitted
   facility and recycling. Their obligation to pay
   Customer Service Charges under this Agreement
   does not arise because they own property, but
   because they generate refuse and do not
     exercise their right to self-haul.”
Constance Hornig, Esq. 323 934-4601
    Strategy #1: Break the link to
    property: sample opt-out regulation
 “Self-haul permit applicant must demonstrate that
     he or she either:
 I. (1) collects all refuse generated at his or her
     premises,
 (2) removes and conveys that refuse without
     littering city streets, and
 (3) disposes of that refuse at a solid waste disposal
     facility permitted in accordance with law, or

 II. alternatively, that her or she disposes of refuse at
     another premise that subscribes to franchised
     service.”
Constance Hornig, Esq. 323 934-4601
  Strategy #1: Break the link to
  property: sample opt-out regulation:
  Self-haul documentation.
“Applicant customer must submit the following
   documentation in form and substance satisfactory to
   City:
(1) a. Invoice for applicant customer’s serviced
   premises. A current dated invoice from the City’s
   franchised refused hauler in the customer’s name,
   identifying the address of that customer’s serviced
   premise and describing service subscription capacity
   and frequency.
Or. . . . ”

       Constance Hornig, Esq. 323 934-4601
    Strategy #1: Break the link to property:
    sample opt-out regulation: Self-haul
    documentation con’t
 “b. Invoice for another’s serviced premise and consent to
    discard. If an applicant customer asserts that he or she
    discards his or her refuse at another premises (such as his
    or her business), she or she must provide the following:
       (i) a current dated invoice from the City’s franchised refuse
       hauler identifying the address of the other serviced premise
       and the name of the customer at that premise, and describing
       service subscription capacity and frequency.
       (ii) if the other serviced premise is a business, a copy of the
       business license that lists the serviced customer as one of the
       principals in the business; and
       (iii) A letter signed by the owner of the other premises (on
       business letterhead, as applicable) under penalty of perjury,
       stating that the applicant customer is authorized to discard his
       or her refuse into the owner’s solid waste bin or other
       receptacle.
     And: . . . “
Constance Hornig, Esq. 323 934-4601
    Strategy #1: Break the link to property:
    sample opt-out regulation: Self-haul
    documentation.
”(2)  Disposal documentation: Unless the applicant
  customer has demonstrated to satisfaction of the City that
  he or she disposes of refuse at another premise that
  subscribed to franchised services, dated documentation
  (such as a receipt or invoice) that the applicant customer
  has disposed of refuse generated at applicant customer’s
  premise at a permitted solid-waste facility or transfer
  station.
Customer must deliver disposal receipts directly to the
  Environmental Services Department of the City Public
  Works Department no less than once every two months,
  either in person or by certified mail, with customer’s name
  clearly written on the receipt. If customer discards its
  residential refuse at a business, customer must attaché a
  copy of the business license that references the
  homeowner’s name to the disposal receipts.”
Constance Hornig, Esq. 323 934-4601
    Strategy #1: Break the link to property:
    sample opt-out regulation
     “Failure to qualify for self-haul exemption. If
       the City Manager or the Chief of General
       Services or his/her designee determines that
       the customer has not initially provided
       requisite collection subscription invoices,
       business licenses and / or statement, or that
       the customer does not thereafter submit
       requisite disposal documentation, he or she
       will advise the customer by regular U.S. mail
       that the customer does not qualify for the
       self-haul exemption and must immediately
       subscribe to refuse collection and disposal
       service with a franchised City hauler.”
Constance Hornig, Esq. 323 934-4601
    Strategy #1: Break the link to property:
    sample opt-out regulation

    “No leakage or littering. Persons who
      qualify for the self-haul exemption must
      prevent leakage or deposit of solid
      waste they transport for disposal [insert
      cross-reference to Code provisions for
      hauler leakage/littering].”



Constance Hornig, Esq. 323 934-4601
    Strategy #1: Break the link to property:
    sample opt-out regulation

     “Self-haul Exemption fee. A fee to
       reimburse the City for actual cost of
       reviewing self-haul documentation an
       implementing the self-haul exemption
       program shall be established by
       Resolution.”



Constance Hornig, Esq. 323 934-4601
  Strategy #2: Authorize
  hauler to “set” rates, up to
  maximum cap/ceiling
  Remember:
  “Fee” or “charge” means any levy imposed by an agency upon a
  parcel or upon a person as an incident of property ownership,
  including a user free or charge for a property-related service (XIII
  D 2(e)), which includes tenancies (XIII D 2(g)).

  Therefore, don‟t “impose” or set or fix the rates yourself. Place
  parameters (caps, ceilings, maximums) on the rates, but
  authorize hauler to pick particular rate.



Constance Hornig, Esq. 323 934-4601
  Strategy #2: Authorize
  hauler to “set” rates, up to
  maximum cap/ceiling
  Sample: “Customer Service Charges. Contractor
  will set and charge Customer Service Charges equal
  to the Variable Rate Component plus no more than the
  Contractor Service Fee Component in effect at the
  time Contractor provides Service. Contractor will
  charge each Customer subscribing to any Service
  listed on the Rate Schedule the same, uniform Rate.”



Constance Hornig, Esq. 323 934-4601
    Strategy #2: Authorize hauler to “set”
    rates - Sample preambles to
    collection contract:
   “Contractor set its compensation (the Contractor Service
      Fee Component of Rates) through competitive procurement.
      The [local government] issued a Request for Proposals to provide
      services under this Agreement, and XX private waste hauling
      companies submitted proposals, including their proposed
      schedule of rates and charges under this Agreement (defined as
      the “Contractor Service Fee Component” of Rates). The [local
      government] selected Contractor, based among other reasons, for
      Contractor’s price proposal. Under this Agreement, Contractor
      cannot charge more than the Contractor Service Fee Component,
      which it bills and collects from its Customers. The [local
      government] held an open and public meeting prior to awarding
      this Agreement to Contractor, including provisions in this
      Agreement providing the maximum amount of Contractor Service
      Fee Component, as may be automatically adjusted (whether
      increase or decrease) in accordance with the formulas provided in
      this Agreement. “
Constance Hornig, Esq. 323 934-4601
    Strategy #3: Obligate hauler to
    provide private billing service.


A “property related service” means a public service
   having a direct relationship to property
   ownership (Prop 2182(h).

What is a “public service”?




Constance Hornig, Esq. 323 934-4601
    Strategy #3: Obligate hauler to
    provide private private billing
    service.
Jonathon Coupal, of Harvard Jarvis Taxpayer Association,
   wrote shortly after adoption of Prop 218:
“The term local government is defined broadly by Proposition 218. [See
    Prop 218 RE a “fee” imposed by an agency under Section 2(e),
    where Section 2(a) “Agency” refers to Section 1(c) “local
    government”.] However, it does not apply to the charges imposed by
    private enterprise, even for services which are ostensibly “public”.
    This would include private refuse collectors providing services to
    local government through a contract such as a franchise agreement.
    . . . Proposition 218 would apply where the refuse collection
    services are performed (and charged for) directly by local
    government.”
  This letter does not constitute definitive or judicial
    interpretation. . . . but
Constance Hornig, Esq. 323 934-4601
     Strategy #3: Obligate hauler to
     provide private private billing
     service.
WARNING: disadvantages include:
(1) Losing control of purse strings – inability to offset
    liquidated damages, city‟s reimbursable costs,
    from hauler‟s compensation
http://www.forester.net/mw_0309_legal.html “Try$headed Ca$h: Contractor
      Credit Risks That Can Trash Your MSW System”, MSW Magazine
      September/October 2003
(2) Increased delinquencies - City ability to put on
    property tax bill or to enforce delinquencies (turn
    off utilities) saves system costs, and arguably
    lowers all customers‟ rates
Constance Hornig, Esq. 323 934-4601
     Strategy #3: Obligate hauler to provide private
     billing service: sample performance
     specification – invoice billing dates.
   “13.03 Customer Billing
   a. Billing and Collection Protocol
     1. Invoice billing dates. Contractor will invoice
     Customers at the following times:

   (1) each Residential Customer bi-monthly in advance,

   (2) each Commercial and Multi-family Customer
      monthly in advance no sooner than the first day of
      the month; and

   (3) each Rolloff Customer semi-monthly in arrears.”

Constance Hornig, Esq. 323 934-4601
     Strategy #3: Obligate hauler to provide private
     billing / rate collection service: sample
     performance specification – due and
     delinquency dates
    “Invoices must be:

    (1) due 30 days from the date of the invoice and

    (2) delinquent
       (i) 90 days from the date of Residential invoice,

        (ii) 60 days form the date of the Commercial and
        Multi-family invoice, and

        (iii) 45 days from the date of a Roll-off invoice, or
        earlier upon notice to Roll-off Customer whose
        Rates exceed $2,000.”
Constance Hornig, Esq. 323 934-4601
     Strategy #3: Obligate hauler to provide private
     billing service: sample performance
     specification – late payment fees.
    “Contractor may charge a Customer the lesser of the
      following late payment fees:

    (1) the greater of $5 dollars or 1.5% per month or
       portion of month, or

    (2) the maximum amount allowed by Applicable Law,

    Contractor may charge a Customer late payment fees
      on all or a portion of invoiced but unpaid amounts
      from the due date until the date paid, including on
      amounts that Customer withheld pending resolution
      of a dispute with Contractor, which amounts
      Contractor subsequently determined the Customer
      owed to Contractor.”
Constance Hornig, Esq. 323 934-4601
     Strategy #3: Obligate hauler to provide private
     billing service: sample performance
     specification – payment reminder
      “2. 30 day Residential Reminders. If
        Contractor does not receive payment from
        any Residential Customer within 30 days of
        an invoice, Contractor will send the
        Customer a statement reminding the
        Residential Customer of the amount due.”




Constance Hornig, Esq. 323 934-4601
    Strategy #3: Obligate hauler to provide private
    billing service: sample performance
    specification – delinquency notice.
     “3. Delinquency Notice. If the Contractor does not
       receive payment

     (1) from a Residential Customer within 60 days of an
       invoice or

     (2) from a Commercial, Multi-family         or   Roll-off
        Customer within 45 days of an invoice,

     Contractor will send the Customer a notice of
       delinquency by certified mail, return receipt,
       describing collection efforts that Contractor may
       make if Contractor does not receive payment by the
       stated delinquency date, including an or all of the
       following: . . . “
Constance Hornig, Esq. 323 934-4601
    Strategy #3: Obligate hauler to provide private
    billing service: sample performance
    specification – delinquency notice, con‟t.
    [FORM OF DELINQUENCY NOTICE, CON’T.]
    “(1) referring the delinquency to a third-party collection agency,
    (2) reporting the Customer to credit-reporting bureaus,
    (3) making personal phone calls,
    (4) discontinuing service,
    (5) filing mechanics liens on Roll-off Premises as permitted by
       Applicable Law;
    (6) asking City to take code enforcement action, and
    (7) in each notice to a Commercial, Multi-family or Roll-off
       Customer, the disclosure that if Customer does not pay
       Contractor outstanding amounts on all Customer’s unpaid
       invoices within 15 days, Contractor will make the listed collection
       efforts on all unpaid amounts.

    Contractor will simultaneously notify City of overdue Commercial,
       Multi-family and Roll-off Customer accounts.”


Constance Hornig, Esq. 323 934-4601
   Strategy #3: Obligate hauler to provide private
   billing service: sample performance
   specification – time and type of hauler‟s
   collection actions.
  “4. Collection actions. If the Contactor does not receive payment
  (1) from any Residential Customer by the delinquency date identified in
     subsection a1,
  (2) from any Commercial, Multi-family Customer or Roll-off Customer by the
     delinquency date identified in subsection a1, then
  Contractor may make collection efforts, including those listed in subsection
     a3 [prior slide].”


 Question: does authorizing liens merely as one type
    of collection action make fees subject to Prop 218?
 (1)GOVERNMENT CODE 38790.1 / 25831: liens equivalent
    to ad valorem property taxes
 (2) HEALTH & SAFETY 5473.11(b) and (c). Liens equivalent
    to judgment liens

Constance Hornig, Esq. 323 934-4601
    Strategy #3: Obligate hauler to provide private
    billing service: sample performance
    specification – discontinuing service.
    “5. Discontinuing Service. If the Contactor does
      not receive payment from Customer by the
      applicable delinquency date identified in subsection
      a1, Contractor may discontinue Service to that
      Customer and retrieve Containers from that
      Customer. After discontinuation, Contractor may
      charge a Customer the fee listed on the Rates
      Schedule to recommence Collection.”


    WARNING:     this    destroys  mandatory
     collection  system     unless  there   is
     commitment to enforce self-haul opt-out /
     strong nuisance ordinances
Constance Hornig, Esq. 323 934-4601
   Strategy #3: Obligate hauler to provide private
   billing service: sample performance
   specification – invoice format.
  “b.   Invoice Format.     Contractor will distribute
    invoices in the form contained in Contractor
    Documentation, including:

  (1) Contractor Phone Hours and toll-free number; and
  (2) when bills are due and delinquent if not paid.

  Each month Contractor will send City a sample copy of
    the form of Residential, Commercial, Multi-family
    and Roll-off invoice that Contractor is mailing
    Customers, including inserts or announcements.
   Contractor will not separately identify, list or itemize
    its Net Rates [/ franchise fee] separately from
    Rates.”

Constance Hornig, Esq. 323 934-4601
     Strategy #3: Obligate hauler to provide private
     billing service: sample performance
     specification – dispute resolution.
      “c. Disputes. Contractor acknowledges that City is
          neither responsible for taking Customers’ calls nor
          for responding to Customers’ correspondence with
          respect to disputes regarding billing or otherwise,
          nor for resolving disputes. Contractor will handle
          billing disputes with Customers in accordance with
          the written procedure described in Contractor
          Documentation.”

      CONSIDER:
      (1) liquidated damages for city staff time spent on
          each complaint / aggregate time per week
      (2) Especially during transition to new hauler /
          service, tie-line to hauler customer service, hauler
          customer service rep on-site at city hall.
Constance Hornig, Esq. 323 934-4601
    Strategy #3: Obligate hauler to provide private
    billing service: sample performance
    specification.
     “d. City information on invoices. At City direction,
       at least 4 times each Contract Year, Contractor will
       print textual information provided by the City on
       Customer invoices. Contractor will use Reasonable
       Business Efforts to print that textual information at
       additional times.

     e. City inserts. At City direction, up to twice each Contract
        Year on dates agreed to by Contractor, Contractor will
        enclose inserts provided by the City with invoices that
        Contractor mails to Customers. Inserts must be of size and
        shape that Contactor can include in envelopes for mass
        mailings. “
Constance Hornig, Esq. 323 934-4601
    Strategy #4: Treat franchise fee as just another
    cost of doing service.
     The franchise fee is an obligation of the franchised
       hauler, not the rate payer, in consideration of
       franchise    (for    example,     giving    franchisee
       exclusive/monopoly service rights and revenues).
     The franchise fee is a cost of doing business, like
       labor, fuel or vehicle acquisition-and-maintenance.
     Set the franchise fee for the franchise contract term . .
       . although perhaps service fee compensation could
       be adjusted for corresponding changes in franchise
       fee as     a   “change in (local) law” under rate
       adjustment protocol.




Constance Hornig, Esq. 323 934-4601
    PRESENTATION SUMMARY

     1.    Prop 218 procedural and substantive
           requirements

     2.    Consequent procurement, policy and
           program    constraints   –   possible
           characterizations of variable rates /
           PAYT (sample contract preambles)

     3.    Distinguish Bighorn water service
           fees from refuse/recycling service
           fees
Constance Hornig, Esq. 323 934-4601
    PRESENTATION SUMMARY

     4. Strategy #1: Break the link to property: self-haul
           & mandatory service / opt-out rights (sample regulation
           and contract preamble)
     5. Strategy #2: Authorize hauler to “set” rates, up to
           maximum cap/ceiling (sample performance obligation
           and contract preambles)
     6. Strategy #3: Obligate hauler to provide private
           billing service (sample performance specification)
     7. Strategy #4: Treat franchise fee as just another cost of
           doing service.



Constance Hornig, Esq. 323 934-4601

				
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Description: Sample Late Payment Notice document sample