HomeMy WebLinkAbout2019-12-10 - AGENDA REPORTS - APPROVAL OF A RESIDENTIAL CONTINUATION RIGHTS SOLI (2)Agenda Item: 6
DATE: December 10, 2019
SUBJECT: APPROVAL OF A RESIDENTIAL CONTINUATION RIGHTS SOLID
WASTE SERVICE AGREEMENT FOR THE ANNEXED AREAS OF
PLUM CANYON, SKYLINE RANCH, NORTH SAND CANYON,
AND FUTURE ANNEXED AREAS
DEPARTMENT: Neighborhood Services
PRESENTER: Darin Seegmiller
RECOMMENDED ACTION
City Council approve and authorize the City Manager or designee to execute a continuation
rights residential solid waste agreement with Burrtec Waste Industries, Inc., subject to City
Attorney approval for the annexed areas of Plum Canyon, Skyline Ranch, North Sand Canyon,
and for any future annexed area of Los Angeles County.
BACKGROUND
The California Public Resources Code (PRC) governs the continuation of solid waste services
after an annexation and grants the preexisting service provider with the option to continue
servicing the given area. This applies to the City of Santa Clarita's (City) recent annexation of
Plum Canyon, Skyline Ranch, and North Sand Canyon, executed on November 15, 2018. Burrtec
Waste Industries, Inc. (Burrtec), provides residential trash hauling service to these areas pursuant
to their Exclusive Residential Franchise Agreement with Los Angeles County (County), expiring
on October 31, 2025.
Even though the areas are now under City jurisdiction, Burrtec has a right, pursuant to PRC
Section 49520, to continue providing residential service to Plum Canyon, Skyline Ranch, and
North Sand Canyon for the term of the Exclusive Residential Franchise Agreement with the
County or the duration of five years, whichever is less. Burrtec exercised this right in the form of
the attached letter, dated November 18, 2018.
As a result, the proposed Residential Continuation Rights Agreement for Plum Canyon, Skyline
Ranch, and North Sand Canyon will remain in effect until November 16, 2023, after which the
City's exclusive residential provider will assume responsibility of services. Other important
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conditions of the proposed Residential Continuation Rights Agreement include the following:
• A requirement that Burrtec provide standard waste services and rates substantially
consistent with the City's Residential Franchise;
• A requirement that Burrtec provide a transition plan six months prior to the termination
of the Continuation Rights Agreement, detailing how service will be transitioned to
Waste Management, the City's current exclusive residential provider; and
• Permission for Burrtec to commingle residential routes in the newly annexed areas with
the adjacent unincorporated areas. As part of this, Burrtec will be required to use standard
industry practices to accurately allocate disposal tonnages to each jurisdiction. This is
necessary to ensure the City is only credited for residential waste generated within its
boundaries.
The recommended action additionally authorizes the City Manager or designee to execute
Residential Continuation Rights Agreements, subject to City Attorney approval, for any areas the
City annexes in the future. The conditions are intended to remain the same regardless of area,
and the term may be up to five years depending on when the annexation takes place.
The recommended action is exempt from California Environmental Quality Act (CEQA) in that
adoption of the existing franchise agreement, within the newly annexed areas, will not result in
any change to the environment, in accordance with Section 15061( b)( 3). Therefore, no further
consideration under CEQA is required.
ALTERNATIVE ACTION
Other action as determined by the City Council.
FISCAL IMPACT
The City receives additional Solid Waste Franchise revenues of approximately $48,000 annually
as a result of the annexation of the Plum Canyon, Skyline Ranch, and North Sand Canyon areas.
ATTACHMENTS
Resolution
Burrtec Continuation Rights Request Letter
Continuation Rights Agreement (available in the City Clerk's Reading File)
Page 2
RESOLUTION 19-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
CLARITA, CALIFORNIA, APPROVING AN AGREEMENT FOR THE CONTINUATION
RIGHTS FOR RESIDENTIAL SOLID WASTE COLLECTION FOR CERTAIN ANNEXED
AREAS OF SANTA CLARITA, BETWEEN THE CITY OF SANTA CLARITA AND
BURRTEC WASTE INDUSTRIES, INC.
WHEREAS, the City of Santa Clarita (City) is empowered under Section 7 of Article 11
of the California Constitution to make and enforce, within its limits, all police and sanitary
ordinances and regulations not in conflict with general laws; and
WHEREAS, in partial implementation of Section 7 of Article 11 of the California
Constitution, California Public Resources Code Section 40059 authorizes the City to determine
all aspects of handling of solid waste that are of local concern, including the frequency of
collection, means of collection and transportation, level of services and nature, location, and
extent of waste handling services; and
WHEREAS, on November 15, 2018, the City of Santa Clarita (City) annexed the areas
described in Exhibit A, B and C (the Annexed Areas) from the County of Los Angeles (County);
and
WHEREAS, Burrtec Waste Industries, Inc. (Burrtec), was awarded an Exclusive
Franchise (Franchise) from the County on October 16, 2018, to provide solid waste services to
residential premises located within the Annexed Areas; and
WHEREAS, Burrtec has asserted continuation rights under Section 49250 et seq., of the
California Public Resources Code to continue to provide Franchise services as prescribed in the
October 16, 2018, Franchise, which is substantially similar to the City services in the Annexed
Areas until November 16, 2023.
NOW, THEREFORE, the City Council of the City of Santa Clarita, California, does
hereby resolve as follows:
SECTION 1. The "AGREEMENT FOR THE CONTINUATION RIGHTS FOR
RESIDENTIAL SOLID WASTE COLLECTION FOR CERTAIN ANNEXED AREAS OF
SANTA CLARITA," is hereby approved, and the City Manager is authorized to execute the
Agreement on behalf of the City.
SECTION 2. The City Manager is hereby authorized to execute any future Amended
Residential Continuation Rights Agreements on behalf of the City, subject to City Attorney
approval, with the current County Residential Franchise Hauler for any annexed areas in which
continuation rights are asserted, and the term of those continuation agreements may be up to five
years.
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SECTION 3. The City Clerk shall certify to the adoption of this resolution.
PASSED, APPROVED, AND ADOPTED this 101h day of December 2019.
MAYOR
ATTEST:
CITY CLERK
DATE:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Mary Cusick, City Clerk of the City of Santa Clarita, do hereby certify that the
foregoing Resolution 19- was duly adopted by the City Council of the City of Santa
Clarita at a regular meeting thereof, held on the 1 Oth day of December 2019, by the following
vote:
AYES: COUNCIL,MEMBERS:
NOES: COUNCIL,MEMBERS:
ABSENT: COUNCIL,MEMBERS:
CITY CLERK
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EXHIBIT wAm
ANNEXAJ|ON201Q-04 TOTHE CITY CDFSANTA CU&0TA
PLUM CANYON, SKYLINE RANCH AND NORTH SAND CANYON
GEOGRAPHICAL DESCRIPTION
Those portions ofSections 3,4,5,Q,9,1l12,14,15and 16,Township 4North, Range 15West, San
Bernardino Meridian, in the Unincorporated Territory of the County of Los Angeles, State of California,
described as follows:
AREA A:
Beginning atthe southeast corner ofsaid Section 10,said point being apoint onthe boundary ofthe
City of Santa Clarita;
1.Thence, following said boundary along the south line ofthe southeast quarter of said Section 10,
South 89^47'4J"West 1,31Q.42feet tothe northwest corner ofthe northeast quarter cfthe northeast
quarter of said Section 15, as shown on map filed in Book 103 Page 30, of Record of Survey,inthe Office
ofsaid County Recorder;
2. Thence, along the west line ufthe northeast quarter ofthe northeast quarter ofsaid Section 15,as
shown onlast mentioned Record ofSurvey South UU°2G'Il"East l,313.66feet tuthe southeast corner
ofsaid northeast quarter ofthe northeast quarter ofSection 15;
3. Thence, along the south line ofthe northwest quarter nfthe northeast quarter ofsaid Section 15,ax
shown on last mentioned Record of Survey, South 89*53'48" West 1,319.40 feet to the southwest corner
of said northwest quarter of the northeast quarter of Section 15;
/i Thence, along the south line ofthe northeast quarter of the northwestquarter ofsaid Section lS,
South 89*51'23" West 1,319.43 feet to the southwest corner of said northeast quarter of the northwest
quarter of Section 15;
G. Thence, along the west line nfthe southeast quarter of the northwestquarter ofsaid Section 1S,
South 0O"20'S5"East 1,3U9.89feet tothe southwest corner ofsaid southeast quarter nfthe northwest
quarter ofSection 1S;
G. Thence, along the south line ofthe southeast quarter ofthe northwest quarter ofSection 1S,North
89^55'04"East 53.91feet tothe northwesterly boundary ofTract No. 1]S91,filed inBook 320,Pages 28
through 3U,inclusive ofMaps, inthe Office ofsaid County Recorder;
Thence, along the westerly boundary of said Tract No. 13591,the following courses:
7. Suuth42"42'45" West 530.89feet;
D. South 11°39I0" West Z46.98feet;
9. South 5O,O7'O9"West 2OG77feet;
10. South 42"37'O1"West 6S.UUfeet;
11. South 22^28'1O"East 3O8.77feet;
12. South 42°37'03" West 288.96 feet to the southwesterly boundary of said Tract No. 13591;
13. Thence, along the north line of the south half of the southwest quarter of said Section 15, South
89°58'50" West 676.99 feet to the northwest corner of said south half of the southwest quarter of
Section 15;
14. Thence, along the south line of the north half of the southeast quarter of said Section 16, North
89`53'55" West 1,322.58 feet to the southwest corner of the northeast quarter of the southeast quarter
of said Section 16;
15. Thence, along the south line of the northwest quarter of the southeast quarter of said Section 16,
North 89°55'36" West 668.35 feet to the southwest corner of the east half of the northwest quarter of
the southeast quarter of said Section 16;
16. Thence, along the west line of said east half of the northwest quarter of the southeast quarter of
Section 16, North 00004'24" East 1,308.51 feet to the northwest corner of said east half of the northwest
quarter of the southeast quarter of Section 16;
17. Thence, along the north line of the west half of the northwest quarter of the southeast quarter of
said Section 16, North 89°54'44" West 660.65 feet to the center of said Section 16;
18. Thence, along the south line of the northwest quarter of said Section 16, North 89°55'00" West
1,322.73 feet to the southwest corner of the east half of the northwest quarter of said Section 16;
19. Thence, along the west line of the east half of the northwest quarter of said Section 16, North
00°07'24" West 2,621.71 feet to the northwest corner of said east half of the northwest quarter of
Section 16;
20. Thence, along the east line of the southwest quarter of the southwest quarter of said Section 9,
North 00°43'42" East 1,298.70 feet to the northeast corner of said southwest quarter of the southwest
quarter of Section 9;
21. Thence, along the north line of the southwest quarter of the southwest quarter of said Section 9,
South 89°59'24" West 1,319.88 feet to the northwest corner of said southwest quarter of the southwest
quarter of Section 9;
22. Thence, along the west line of the southwest quarter of the southwest quarter of said Section 9,
South 00°45'12" West 1,296.06 feet to the southwest corner of said southwest quarter of the southwest
quarter of Section 9;
23. Thence, along the south line of the southeast quarter of said Section 8, North 88°38'58" West
2,652.78 feet to the southwest corner of said southeast quarter of Section 8;
24. Thence, along the south line of the southeast quarter of the southwest quarter of said Section 8,
South 89'39'39" West 1,325.13 feet to the southwest corner of said southeast quarter of the southwest
quarter of Section 8;
25. Thence, along the west line of said southeast quarter of the southwest quarter of Section 8, North
01°03'06" West 1,295.03 feet to the northwest corner of said southeast quarter of the southwest
quarter of Section 8;
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26. Thence, along the south line ofthe northwest quarter ofthe southwest quarter ofsaid Section 8,
North 89^47'28^West 1,327.83 feet to the southwest corner of said northwest quarter of the southwest
quarter ofSection O;
Z\ Thence, along the south line ofthe northeast quarter of the southeastquarter ofsaid Section 7'
South O9^3]'39"West 1,324.00 feet to the southwest corner of said northeast quarter of the southeast
quarter of Section 7;
28. Thence, along the west line ofthe southeast quarter ofthe southeast quarter ofsaid Section 7'
South O0^46'J1"East l'30D.44feet tothe southwest corner ofsaid southeast quarter ofthe southeast
quarter cfSection 7;
29. Thence, along the south line ofthe southwest quarter ofthe southeast quarter nfsaid Section 7'
South 89~3I46"West l'33I.Q7feet tothe southwest corner ufsaid southwest quarter ufthe southeast
quarter otSection 7;
30. Thence, along the south line of the southeast quarter of the southwest quarter of said Section 7,
South D9°36'3S"West 1,334.65 feet to the southwest corner of said southeast quarter of the southwest
quarter of Section 7;
31' Thence, along the west line nfthe east half ofthe southwest quarter ofsaid Section 7,North
00*01'06" East 2,616.58 feet to the northwest corner of said east half of the southwest quarter of
Section 7;
32. Thence, along the north line of said east half of the southwest quarter of Section 7 and along the
north line ofthe west half ofthe southeast quarter ofsaid Section 7,North 89,34'38"East 2,65917feet
to the northeast corner of said west half of the southeast quarter of Section 7, said point being the
southeast corner of Tract No. 32615 filed in Book 933, Pages 29 through 33, inclusive of Maps, in the
Office of said County Recorder;
33. Thence, along the east line ufsaid Tract No. 32615,North D1^21'54"West 796.39feet tothe
intersection ofPlum Canyon Road, 1DO feetvvide,asshownonmapofTrctNo.44966fi|edin800k
1140, Pages 78 through 86, inclusive of Maps, in the Office of the County Recorder of said County, with
the northerly prolongation ofthe easterly line ofsaid Tract No. 32615;
34. Thence, southeasterly along the centerline nfPlum Canyon Road, asshown mnsaid map nfTract Nu
44966, South 52'12'55" East 276.47 feet to the beginning of a tangent curve concave northerly having a
radius of1,Z00.0Ufeet;
35. Thence, continuing along said centerline of Plum Canyon Road, as shown on map of TractNu4627U
filed inBook 1234,Pages 4Dthrough 49 inclusive ofMaps, inthe Office nfsaid County Recorder,
southeasterly along said curve through a central angle of 33*12'30" an arc distance of 695.51 feet;
36 Thence continuing along said centerline of Plum Canyon Road, as shown on said map of Tract No.
46Z7Oand tangent tosaid curve, South OS"25'25"East 445.21feet tothe beginning ofatangent curve
concave northerly having aradius of3,1O0.00feet;
37. Thence, continuing along said centerline of Plum Canyon Road, as shown on said map of Tract No.
46270, easterly through a central angle of 12'43'55" an arc distance of 688.86 feet to the southerly
prolongation of the easterly line of said Tract No. 46270;
Thence, northerly along the easterly boundary of said Tract No. 46270, the following courses:
38. North 01°22'46"
West 396.13 feet;
39. North 04°59'41"
East 43.09 feet;
40. North 07044'02"
East 174.40 feet;
41. North 08°03'43"
East 50.91 feet;
42. North 13018'32"
East 61.44 feet;
43. North 25°22'04"
East 140.33 feet;
44. Thence, continuing along said easterly boundary of Tract No. 46270 and along the easterly boundary
of Tract No. 46269 filed in Book 1234, Pages 50 through 61, inclusive of Maps, in the Office of said
County Recorder, North 38°29'17" East 485.49 feet;
Thence, northerly along the easterly boundary of said Tract No. 46269, the following courses:
45. North 31°42'55" East 165.85 feet;
46. North 22°32'49" East 58.16 feet;
47. North 15043'35" East 156.15 feet to the beginning of a non -tangent curve concave Southerly having
a radius of 318.00 feet, a radial line through said point bears North 20°34'27" East;
48. Northwesterly along said curve through a central angle of 01°50'01" an arc distance of 10.18 feet;
49. North 18°44'26" East 64.00 feet;
50. North 00°35'13" East 192.94 feet;
51. North 09'27'08" West 66.58 feet;
52. North 03°00'29" West 60.00 feet;
53. North 28°33'33" West 341.35 feet to the northeast corner of said Tract No. 46269;
54. Thence, along the northerly line of Lot 116, as shown on said map of Tract No. 46269, South
79°07'45" West 141.33 feet to the northwesterly corner of said Lot 116;
55. Thence, along the easterly line of Santa Catarina Road, 64 feet wide, as shown on said map of Tract
No. 46269, North 37°29'20" West 69.60 feet to the beginning of a tangent curve concave northeasterly
having a radius of 468.00 feet;
56. Thence, continuing along said easterly line of Santa Catarina Road, as shown on said map of Tract
No. 46269 and northwesterly along said curve through a central angle of 29°49'26" an arc distance of
243.61 feet;
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57. Thence, tangent to said curve and continuing along said easterly line of Santa Catarina Road, as
shown nnTract No.46269andahownonmopofTr ctNo.46268Nedin800k1141,Pa8ea1throu8hl2,
inclusive of Maps, in the Office of said County Recorder, North 07'39'54" West 82.04 feet;
Thence, along the westerly lines ofLot I70 aashown onsaid map ofTract No. 46J68 the following
courses:
Bl North 79^O7'4S^East 159.84feet
S9.North 27,S0'06^East 367.49feet;
60. North 6U^48'4O^West 697.63feet;
61. North S6^ll'S4^West 117.8Ufeet;
62.North 46^36'2I"West 334.O6feet;
63. North 00^S8'I5''West 14.7]feet tothe northwest corner ofsaid Lot 170;
64. Thence, along the northerly line ofsaid Lot 17U,South 8D"47'41"East 1,174.16feet toapoint inthe
boundary ofthe City ofSanta [|aritu;
65. Thence, leaving said boundary of the City of Santa Clarita, along the northerly line of said Lot 170,
South 88,47'41"East 1,3O3.64feet toanangle point insaid northerly line;
66. Thence, continuing easterly along said northerly line ofLot 17U,South D8°53'17"East 1,3Q6.3Sfeet
tothe northeast corner ofsaid Lot 17U;
67. Thence, southerly along the easterly line of said Lot 170, South 00*26'34" West 718.82 feet to the
southeast corner ofsaid Lot 17O;
68. Thence, along the northerly line of that 330' wide right-of-way of the City of Los Angeles
Department of Water and Power, as shown on map filed in Book 102, Pages 61 through 69, inclusive of
Record ofSurvey, in the Office of said County Recorder, South 82*20'40" East 1,284.48 feet to an angle
point in said northerly line;
69. Thence, continuing northeasterly along the northwesterly line ofsaid 33O hBht'of-vvay,asshown
on said Record of Survey, North 41'41'54" East 2,923.05 feet to a point in the south line of the north half
of said Section4;
70. Thence, easterly along said south line of the north half of Section 4, South 89*57'02" East 3,44666
feet to the southeast corner of said north half of Section 4;
71. Thence, along the south line of the northwest quarter of said Section 3, as shown on map of Tract
No.44967, filed inBook 1Z37,Pages 67 through 76,inclusive ofMaps, inthe Office nfsaid County
Recorder, North 89'01'00" East 1,980.49 feet to the northwest corner of the east half of the northeast
quarter ofthe southwest quarter ofsaid Section 3;
72. Thence, along the westerly line ofsaid east half ofthe northeast quarter ofthe southwest quarter of
quarter of the southwest quarter of Section 3;
73. Thence, along the south line of said east half of the northeast quarter of the southwest quarter of
Section 3, North 89°11'11" East 660.05 feet to the southeast corner of said east half of the northeast
quarter of the southwest quarter of Section 3;
74. Thence, along the west line of the southwest quarter of the southeast quarter of said Section 3,
South 00°09'37" East 1,308.51 feet to the south quarter corner of said Section 3;
75. Thence, along the south line of said southwest quarter of the southeast quarter of Section 3, North
89`21'15" East 1,319.83 feet to the southeast corner of said southwest quarter of the southeast quarter
of Section 3;
76. Thence, along the westerly line of the of the north half of the northeast quarter of the northeast
quarter of said Section 10, South 00°44'03" West 653.80 feet to the southwest corner of said north half
of the northeast quarter of the northeast quarter of said Section 10;
77. Thence, along the south line of said north half of the northeast quarter of the northeast quarter of
Section 10, North 89'20'54" East 169.42 feet to the northeast corner of the land described in deed
recorded August 1, 2006 as Instrument No. 06-1697731 of Official Records, in the Office of said County
Recorder;
78. Thence, southerly along the east line of last mentioned deed, South 00°38'25" West 394.50 feet to
the southeast corner of last mentioned deed;
79. Thence, along the north line of the land described in deed recorded August 13, 2008 as Instrument
No. 20081456632 of Official Records, in the Office of said County Recorder, North 89°45'30" West
108.04 feet to the northwest corner of last mentioned deed;
80. Thence, along the west line of last mentioned deed, South 00014'30" West 300.00 feet to the
southwest corner of last mentioned deed;
81. Thence, along the south line of last mentioned deed, South 89°45'30" East 450.00 feet to the
southeast corner of last mentioned deed;
82. Thence, along the east line of last mentioned deed, North 0001430" East 300.00 feet to the
northeast corner of last mentioned deed;
83. Thence, along the south line of the land described in deed recorded August 11, 2006 as Instrument
No. 06-179OS28 of Official Records, in the Office of said County Recorder, North 89°20'54" East 304.99
feet to the northwest corner of the land described in deed recorded May 14, 2008 as Instrument No.
20080853902 of Official Records, in the Office of said County Recorder;
84. Thence, along the west line of last mentioned deed, South 00°38'25" West 153.01 feet to the
southwest corner of last mentioned deed;
85. Thence, along the south line of last mentioned deed, South 89°21'35" East 8.00 feet to the
northwest corner of the land described in deed recorded November 18, 2011 as Instrument No.
20111564597 of Official Records, in the Office of said County Recorder;
86. Thence, along the west line of last mentioned deed, South 00°38'25" West 50.00 feet to the
southwesterly corner of last mentioned deed;
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87. Thence, South 61°27'45" East 43.40 feet to a point in the westerly line of the land described in deed
recorded August 1, 2006 as Instrument No. 06-1697732 of Official Records, in the Office of said County
Recorder;
88. Thence, along last said westerly line, North 00°38'25" East 2.97 feet to the northwest corner of last
mentioned deed;
89. Thence, along the northeasterly line of last mentioned deed, South 63°15'35" East 180.00 feet to
the northeast corner of last mentioned deed;
90. Thence, along the east line of last mentioned deed, South 00°38'25" West 734.94 feet to the
southeast corner of last mentioned deed;
91. Thence, along the southwesterly line of the land described in deed recorded May 21, 1996 as
Instrument No. 96-795461 of Official Records, in the Office of said County Recorder, South 63°15'35"
East 330.00 feet to the southeast corner of last mentioned deed;
92. Thence, southerly along the east line of said Section 10, South 00'38'25" West 370.00 feet to the
east quarter corner of said Section 10;
93. Thence, along the east line of the southeast quarter of said Section 10, South 00°51'10" West
2,659.83 feet to the POINT OF BEGINNING.
AREA B:
Beginning at the northeast corner of said Section 14, said corner being a point on the boundary of the
City of Santa Clarita;
94. Thence, southerly along the east line of the northeast quarter of said Section 14, South 00°07'57"
West 1,320.52 feet to the southeast corner of the north half of the northeast quarter of said Section 14;
95. Thence, along the south line of said north half of the northeast quarter of Section 14, South
89`38'02" West 2,601.54 feet to the southwest corner of said north half of the northeast quarter of
Section 14;
96. Thence, along the south line of the northeast quarter of the northwest quarter of said Section 14,
South 89°37'57" West 1,311.56 feet to the southwest corner of said northeast quarter of the northwest
quarter of Section 14;
97. Thence, along the west line of said northeast quarter of the northwest quarter of Section 14, North
00°32'10" West 1,005.24 feet to a point on said boundary of the City of Santa Clarita;
98. Thence, leaving said boundary of the City of Santa Clarita, North 00°32'10" West 310.52 feet to the
northwest corner of said northeast quarter of the northwest quarter of Section 14;
99. Thence, along the west line of the southeast quarter of the southwest quarter of said Section 11,
North 00°54'27" East 330.09 feet to the southwesterly corner of Tract No. 46353 filed in Book 1293,
Pages 1 through 6, inclusive of Maps, in the Office of said County Recorder;
100. Thence, along the southerly line of said Tract No. 46353, North 89°33'53" East 1,309.86 feet to a
point in the west line of the southeast quarter of said Section 11;
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101. Thence, along said west line of the southeast quarter of Section 11, North 00°58'47" East 334.39
feet to the northwest corner of the south half of the south half of the southeast quarter of said Section
11;
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102. Thence, along the north line of said south half of the south half of the southeast quarter of Section
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11, North 89°34'23" East 1,543.84 feet to the intersection of the centerline of Sand Canyon Road with
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the north line of the south half of the south half of the southeast quarter of said Section 11, as shown on
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map of Tract No. 49621-02 filed in Book 1313, Pages 14 through 33, inclusive of Maps, in the Office of
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said County Recorder, said point being on a non -tangent curve concave northeasterly having a radius of
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1,500.00 feet, a radial line through said point bears South 63°21'06" West; Q
103. Thence, southeasterly along said curve and along said centerline of Sand Canyon Road, through a
central angle of 09°09'48" an arc distance of 239.90 feet to the beginning of a reverse curve concave
southwesterly having a radius of 1,200.00 feet;
104. Thence, southeasterly along said curve and along said centerline of Sand Canyon Road, through a
central angle of 24°00'30" an arc distance of 502.83 feet to a point in the north line of the northeast
quarter of said Section 14;
105. Thence, easterly along said north line of the northeast quarter of Section 14, North 89°33'53" East
738.10 feet to the POINT OF BEGINNING.
AREA A CONTAINING 2,963.815 ACRES
AREA B CONTAINING 155.032 ACRES
TOTAL COMPUTED ACREAGE CONTAINING 3,118.847 ACRES, MORE OR LESS
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BURRTEC
X
W
IWASTE INDUSTRIE$,INC.Z
"'We'll 7ake .."acre Offt" Q
November 8, 2018
Mr. Dale Sargent
City of Santa Clarita
23920 Valencia Blvd
Santa Clarita, CA 91355
RE: Pending City of Santa Clarita Annexations of Plum Canyon
Dear Mr. Sargent:
Burrtec will exercise its continuation rights, in accordance with Public Resources Code Section 49520-
49521, with the residential serviced customers that are to be annexed by the City of Santa Clarita.
These services are currently under contract with the County of Los Angeles through October 31, 2025.
In our ongoing partnership with the City, Burrtec requests to have the County contract amended to suit
both the City and Burrtec and have it administered by the City for the five year continuation period in
the annexation area. The appropriate franchise fees will be remitted to the City as will the pertinent
service and solid waste generation and diversion tonnage reports.
Rest assured that our intent is to continue providing quality service while providing the benefits under
the City's residential program.
Please contact me if you have any questions regarding the annexation plan or the transition plan
timeline as previously submitted.
Thank you.
Si/XichardNiho
l
Vice President
Cc: Darin Seegmiller, City of Santa Clarita
Curtis Williams, City of Santa Clarita
Steve Milewski, Los Angeles County
Dennis Verner, Burrtec Waste Industries
9890 Cherry Avenue e Fontana, California 92335 b 909,,,,42 -42 lul FAX 9-42 _,
Packet Pg. 63
AGREEMENT FOR THE CONTINUATION RIGHTS FOR
RESIDENTIAL SOLID WASTE COLLECTION FOR CERTAIN
ANNEXED AREAS OF SANTA CLARITA
THIS CONTRACT is made and entered into on , 2019, by and between the City of Santa Clarita,
a general law City, (CITY), an d Burrtec Waste Industries, In c ., a Corporation
registered in the State of California (CONTRACTOR).
RE CF11'A1,S
Purpose. California Public Resources Code section 49520 et. Seq. provides for certain
continuation rights for a solid waste enterprise who has provided services prior to the annexation of
territory to a City.
WHEREAS, CONTRACTOR has asserted such continuation rights with respect to the
areas of Plum Canyon, Skyline Ranch and North Sand Canyon (Annexed Areas); and
WHEREAS, The California Public Resources Code establishes the duration of continuation
rights and provides that services provided under such continuation rights shall be provided in
"substantial compliance with the terms and conditions of the franchise, contract, license, or permit,
and meet the quality and frequency of services required by the local agency in other areas not
served by the solid waste enterprise."; and
WHEREAS, CITY and CONTRACTOR intend by this Agreement to set forth the rights
and responsibilities of CITY and CONTRACTOR during the exercise of CONTRACTOR's
continuation rights; and
WHEREAS, performance by CONTRACTOR consistent with the terms of this Agreement
shall constitute performance in substantial compliance with the terms and conditions of the
franchise and meet the quality and frequency of service required by the CITY in other areas not
served by CONTRACTOR; and
WHEREAS, the parties hereto understand and agree that notwithstanding any other
provision of this Agreement, nothing herein is intended to or in any way shall expand or extend the
statutory continuation rights asserted by CONTRACTOR; and
WHEREAS, this Agreement is based upon that certain agreement between CONTRACTOR
and the County of Los Angeles for the provision of services pre -annexation and has been modified
to clarify the scope of services to be provided within the Annexed Areas in compliance with the
requirements of the Public Resources Code sections governing continuation rights; and
WHEREAS, this Agreement will also limit the wear and tear on CITY streets, reduce
pollution from Collection Vehicle exhaust, increase customer service accountability, ensure
compliance with Federal, State, and local laws, including Assembly Bill (AB) 939, by improving
program implementation performance and reporting accuracy, and facilitate more efficient
CONTRACT administration and enforcement by CITY staff in the recently Annexed Areas.
City of Santa Clarita SECTION 0-2 page
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
This CONTRACT applies to Task 1 Services, sinless specifically indicated
otherwise. Exhibits 3A1 and 3A3.2 apply to Task 1 Services.
SI[:.::.Cc PION 1 GIfMN FOIE= I:: llG11 IFS AINII:::i If'If�IIVIILIFO If`I::MltaI[::::: FASIK 1
See Attachment 5-10A for a more complete list of definitions.
Customer Service Task 1 Services = Basic Service + Additional Customer
Services
Additional Customer Services means all Performance Obligations prescribed in
Exhibit 3A1 and Exhibit 3A3.2 that require a Customer Surcharge, including the more
than once per week Collection frequency in item 83, more than one 96-gallon
Refuse Container, or a locking Recyclables Cart.
Basic Service means all Performance Obligations prescribed in Exhibit 3A1 and
Exhibit 3A3.2 that do not require a Customer Surcharge, including the once per week
Collection frequency in item 83 and the one 96-gallon Refuse, two 96-gallon
Recyclables, and two 96-gallon Green Waste Containers in item D.
Task 1 Services all Performance Obligations prescribed in Exhibit 3A1 and Exhibit
3A3.2 for Refuse, Recyclables, and Green Waste Container services to Occupants
at Residential Premises.
. (3)rant of 1:::�igl"its
1.. Grant of I::Rla its and PrIvI]eoes
CITY grants CONTRACTOR the right and privilege, together with the
Performance Obligations, to provide Contract Services.
a. Cor7 itior7s
• CONTRACTOR is ready, willing, and able to provide Contract
Services;
• CONTRACTOR meets all its Performance O b l i g a t i o n s, no
CONTRACTOR Default has occurred; and
• CONTRACTOR fully and timely pays applicable Contract Fees.
City of Santa Clarita SECTION 1-3 page
b� CONTRACTOR Acceptarice
CONTRACTOR accepts these rights and privileges, together with
Performance Obligations, subject to all terms and conditions in this
CONTRACT and the exclusions in subsections B (Exclusions from
Service) and C (Exclusions from Exclusivity) of this Section.
2. Grant of Continuation Riiahts for Collection in Carts
CITY grants to CONTRACTOR and CONTRACTOR accepts the right and
privilege together with the obligation to provide services, by making
independent arrangements with customer, with respect to solid waste
discarded in Carts and within the Service Area, subject to all the terms and
conditions in this CONTRACT and the exclusions in subsections B
(Exclusions from Service) and C (Exclusions from Exclusivity) of this
Section.
. Ex:cl Uslioins frorn Service
1. Solid Waste to be Self -Hauled
This CONTRACT excludes the right and privilege to Collect, transport, and
Divert/Dispose Solid Waste that Persons self -haul. Anyone, including
Persons performing services other than MSW Management Services (such
as roofers and gardeners) at those Premises, may collect in receptacles
other than Container provided by CONTRACTOR, transport in their own
Vehicles, and themselves Dispose of some or all the Solid Waste generated
at those Premises
2. CIITYand Third.-PartvAaenciies
This CONTRACT excludes the right and privilege to arrange to provide
Task 1 Services to Premises owned or controlled by any of the following
City or any other entity governed by the City Council
• State of California;
• Federal government;
• Any city;
• Any public -school district; or
• Any entity that is excluded by Applicable Law from the obligation to
subscribe to Task 1 Services under this CONTRACT.
This CONTRACT does not prohibit CONTRACTOR from executing separate
contracts with those entities to provide MSW Management Services.
City of Santa Clarita SECTION 1-4 page
S. Riiohts Under California Public Resources Code Section 49520
a. Exclusior7
This CONTRACT excludes the right and privilege to arrange for
providing Contract Services with any Person who is receiving solid
waste handling services from a solid waste enterprise that has the
statutory right to continue to provide solid waste handling services to
that Person under PRC Section 49520 et seq.
b, Ackr7owlerfgen7er7t
(1) No Statutory Rights
This CONTRACT does not grant CONTRACTOR any rights
under PRC Section 49250 et seq..
(2) Expired Terra
This CONTRACT is a continuation rights CONTRACT. Upon
expiration of this CONTRACT, no unexpired Term will
remain. CONTRACTOR will have no right to continue providing
Contract Services, MSW Management Services, or Solid Waste
handling services under PRC Section 49250 et seq..
(0) Terminated CONTRACT
If CITY exercises its remedy to terminate this CONTRACT
for CONTRACTOR fault, CONTRACTOR will not be in
compliance with the terms and conditions of this CONTRACT.
In that event, CONTRACTOR will have no right to continue
providing Contract Services, MSW Management Services, or
Solid Waste handling services under PRC Section
49251.
(4.) Contract Claims
CONTRACTOR does not have the right to make any claim
under PRC Section 49520, but only under this CONTRACT.
c. Stop Cortract Services procure New Services
Upon expiration or termination of this CONTRACT, CONTRACTOR
shall stop providing Contract Services even if the expiration or
termination occurs before the end of the period described in
PRC Section 49520
City of Santa Clarita SECTION 1-5 page
4. Donation or Selling of If ecyclalUes
This CONTRACT excludes the right and privilege to Collect Recyclables
that Occupant donates or sells to Persons other than CONTRACTOR.
C. Il:::::::xclluslons froirn f:::.xck.jslvlty
This CONTRACT excludes the right and privilege to provide Collection,
transportation and Diversion of Food Waste.
At any time after the Commencement Date, in its sole discretion, CITY may
do either of the following with respect to Collection, transportation, and
Diversion of Food Waste that is discarded separately from Refuse:
• Renegotiate a change to this CONTRACT or enter a separate
contract with the CONTRACTOR; or
• Enter a contract with another Person.
Imp. 1:..)eYflnition of lights
In accordance with PRC Section 49523, based on the mutually satisfactory terms of
providing Task 1 Services set forth in this CONTRACT and receipt of compensation
therefore, that CONTRACTOR shall cease providing Contract Services on the
Expiration Date even if that Expiration Date should occur before the expiration of the
period described in PRC Section 49520.
lm::.. Fees to CII..f.Y
In consideration for this exclusive continuation rights granted under this
CONTRACT, CONTRACTOR shall pay CITY the Contract Fee established
at the time this CONTRACT is executed and for the balance of the term. .
CONTRACTOR shall not separately identify the Contract Fee in correspondence
with Customers, including in Terms and Conditions, bills, or invoices.
• Throughout the Term of this Agreement Company shall pay to City a
Contract Fee in an amount equal to 10% of the Gross Receipts derived by
Company from services provided in City pursuant to the terms of this
Agreement
• Paying CITY the Contract fee is an obligation of CONTRACTOR and not an
obligation of Customers.
City of Santa Clarita SECTION 1-6 page
I:::. 1::::1rivacy (Contract Services)
1. Generall
CONTRACTOR shall strictly observe and protect rights and privacy of
Customers and Occupants. CONTRACTOR shall not reveal to a Person
other than CITY any information identifying individual Customers and
Occupants or the composition or contents of a Customer's Solid Waste to
any Person unless under Section 9 or upon the authority of law or upon
valid authorization of the Customer. This provision may not be construed
to excuse CONTRACTOR from its obligations to assist CITY in the
preparation of Solid Waste characterization studies or waste stream
analyses, keeping Records, making Reports, or assisting CITY on meeting
Federal, State, and local requirements.
IMaiiliino Lists
CONTRACTOR shall not market or distribute mailing lists with the names
and addresses of Customers and Occupants.
1:::. iriivac ghts Cumulative
CONTRACTOR'S obligations in this Section are in addition to any other
privacy rights accorded Customers and Occupants under Applicable Law.
G. (wne shll�:) of Solid Waste
This CONTRACT does not purport to grant CONTRACTOR ownership over
Solid Waste. The right to possession or ownership of Solid Waste placed at the
Set -Out Site for Collection, including Green Waste, and Recyclables, will be
determined in accordance with existing law and is not affected by this
CONTRACT. CITY acknowledges that it has no ownership rights in Solid Waste
and that CONTRACTOR may provide for transfer of ownership in the Terms and
Conditions.
City of Santa Clarita SECTION 1-7 page
&1::.::.:::C 11 11 0 IN 2 1L II:::::::I1::::Z M 0 ll:::::' C 0 IN 1L I1::::ZAC 1L
A 1"eirm of Cointir act Services
This CONTRACT is effective and binding on the Execution Date. It expires on the
Expiration Date. Certain Performance Obligations survive expiration or termination
of this Contract under subsection 8 below.
"Commencement Date" may be as early as November 15, 2018, for the City of
Santa Clarita.
"Term" is the period beginning on the Execution Date and ending on the Expiration
Date.
"Execution Date" is the date both CITY and CONTRACTOR sign this
CONTRACT.
"Expiration Date" is any of the following days, as may be extended described in
the following subsection Al of this Section:
0 October 31, 2023; or
0 the date of termination in accordance with Part 6D of Exhibit 5
City of Santa Clarita SECTION 2-8 page
B. OblliigatiiorIs Ujpon Il:::::::xpiiiratiioiri or rermlinatlion of C( irI r'1::ZAC r
The following provisions will survive the expiration or termination of this CONTRACT:
11. AClklnowlledgemelnts
All acknowledgments, including those in the following Sections:
• Item D of Section 1 (inapplicability of PRC 49520)
• Item C of Section 2 (no recovery of undepreciated asset value)
• Item A of Section 3 (no CITY responsibility for supervising or
performing Task 1 Services)
• Item A of Section 9 (Record maintenance)
• Part 10 of Exhibit 5 (interpretation of this CONTRACT)
2. Il:: eioreselntatiions and Warranties
All representations and warranties, including those made in accordance
with the following Sections:
• Part 10 of Exhibit 5 with respect to review of this CONTRACT
• Item B of Section 14, Authority to Execute
• Attachment 5-9H, CONTRACTOR'S Representations and Warranties
3. Indemnities
All Indemnities.
4. Payments
All obligations to pay any due and payable monetary amounts or requests
for those amounts, including:
• Payment of Transfer Deposits and Transfer Costs
• Damages under item D of Section 12
• Refund due to Customers that pay Customer Service
F e e s i n advance of Customer Service
0 Any Contract Fees
City of Santa Clarita SECTION 2-9 page
6.. I::Records and If epou..ts
All obligations to maintain and submit Records and Reports, including:
• The final Annual Report
• Information with respect to Solid Waste Facilities
• Copies of certificates of insurance or other evidence of coverage
• Records of Disposal
• Notice of Destruction of Records of Disposal
• Inspection and audit
6.. Transitlioin to (Next Waste Il llauller
Any other provisions of this CONTRACT and rights and obligations of the
Parties stated to survive the Expiration Date, including:
• This subsection 86 (cooperation during transition; removal of Carts), and
• Subsection C (no recovery of undepreciated asset value).
a. Cooperatlor7 Durir7g Trar7sltlor7
At the end of the Term or in the event this Agreement is terminated for
cause prior to the end of the Term, Company shall cooperate fully with
City and any subsequent solid waste enterprise it designates to assure
a smooth transition of solid waste handling services. Company's
cooperation shall include, but not be limited to, providing route lists,
Billing information and other operating records needed to service all
Premises covered by this Agreement. The failure to cooperate with City
following termination shall be conclusively presumed to be grounds for
specific performance of this covenant and/or other equitable relief
necessary to enforce this covenant
b, Ren7oval of Carets
With respect to Task 1 Services, CONTRACTOR shall not remove a
Container from any Premises until the earlier of:
• The date any replacement C o n t a i n e r s are provided to the
Customer by succeeding contractor, or
• 2 weeks after the Expiration Date.
C. LJndelprec.iated Assets
If any of CONTRACTOR'S Service Assets remain undepreciated upon the
expiration or earlier termination by CITY of this CONTRACT, CONTRACTOR has
no right to recover amounts equal to the undepreciated asset value from CITY
or Customers, and neither CITY nor Customers are obligated to compensate
CONTRACTOR for any undepreciated asset value.
City of Santa Clarita SECTION 2-10 page
SECTION 3 -SCOPE OF SERVICES AND SPECIFICATIONS (Contract Services)
A., 1::::1r,escr l e(J Scoj,:.)ery
. Task n Services
With respect to Task 1 Services, CONTRACTOR shall arrange to provide
services to Premises in the Service Area in accordance with Exhibit 3A1 to
both the following:
• Any Person who was receiving service immediately prior to the
Commencement Date from COUNTY contractor under a previous
contract with COUNTY, and
• Any Person who request Task 1 Services.
2. Additional Contract Services If e uiilrements
With respect to additional Contract Services, CONTRACTOR shall provide
services in the Service Area to Director in accordance with Exhibit 3A3.2.
CONTRACTOR must provide Contract Services in accordance with Service
Specifications and Service Standards. Nevertheless, CONTRACTOR has the
freedom and discretion to determine the means, manner, or method of providing
Contract Services. CONTRACTOR acknowledges that in entering into this
CONTRACT, CITY is not responsible for supervising CONTRACTOR or for
performance of any Contract Services. CONTRACTOR is responsible for
choosing the Solid Waste Facilities, unless otherwise directed by CITY. In
addition, CITY is not the owner or titleholder of any material Collected, transported,
Disposed of, or otherwise handled by CONTRACTOR.
Any work performed outside the Performance Specifications without Director's
prior written approval will be deemed to be a gratuitous effort by CONTRACTOR.
CONTRACTOR shall have no claim against CITY for any consequential or related
liabilities.
City of Santa Clarita SECTION 3-11 page
I[:::. Chainge lien Scope of Services
Director may change the scope of Task 1 Services and Service Standards
in accordance with Part 9 of Exhibit 5, subject to any adjustment in the
Customer Service Fees in accordance with item A of Section 7.
C. cc)N rR C ro(R Il::::)OCUrrientation (Contract Services)
COIIN f IfRAC f OlfR'S Compllliance with COIIN f IfRAC f OlfR Documentation
CONTRACTOR shall provide Task 1 Services in compliance with the
CONTRACTOR Documentation attached as Exhibit 3D.
2. Chances in COIIN f IfRAC f OlfR Documentation
a. Notice to Director
CONTRACTOR shall give Director prompt Notice of any changes in
CONTRACTOR Documentation listed in item A of Exhibit 3D
CONTRACTOR Documentation, after the Execution Date.
CONTRACTOR shall follow Notice procedure in Part 9F of Exhibit 5.
Director's receipt of those changes will be evidenced by the following
acknowledgment, appended substantially this form to the changed
CONTRACTOR Documentation:
From: Director Designee
Sent: Tuesday, May 09, 2017 4:55 PM
To: Waste hauler
Cc: Business Relations and Contracts Division
Subject: Service Area Name- Acknowledgement of Notice
Acknowledgment: CONTRACTOR has submitted the attached
CONTRACTOR Documentation.
Director Designee
Environmental Services Division
City of Santa Clarita Neighborhood Services
Office: 661-286-4098
birector Cor7ser7t.
CONTRACTOR shall submit to Director for review and consent any
changes occurring in CONTRACTOR Documentation listed in item B
of Exhibit 3D CONTRACTOR Documentation, after the Execution
Date. CONTRACTOR shall follow Notice procedure in Part 9F of
Exhibit 5. Director's approval will be evidenced by the following
acknowledgment, appended substantially the following form to the
changed CONTRACTOR Documentation:
City of Santa Clarita SECTION 112 page
From: Director Designee
Sent: Tuesday, May 09, 2017 4:55 PM
To: waste hauler
Subject: Service Area Name — Acknowledgement of Consent
Acknowledgment: I have reviewed and approved the attached
CONTRACTOR Documentation
Director Designee
Environmental Services Manager
City of Santa Clarita Neighborhood Services
Office: 661-286-4098
B. I:::::1i1vate II:::°"roli erty (I ask 1 Services)
CONTRACTOR shall obtain property owner consent to enter private driveways,
alleys, streets, and parking lots in cases such as:
5. Il:::1rlivate Il:::1ror)er°ty
5 ckr7owlerf, en7er7t
CONTRACTOR acknowledges the following: Although there may be
an implied waiver to access the front of Premises, a written consent
may be advisable to access a side or rear yard. Additionally, private
streets and driveways may not meet CITY's design standards and may
not adequately withstand the weight of a Collection Vehicle.
b, Damage to Pavement,- Waiter,
If CONTRACTOR operates Vehicles on private property, following
Director approval, CONTRACTOR may require the property owner
to allow CONTRACTOR'S entry and waive liability for
CONTRACTOR'S damage to driveways or other pavement.
CONTRACTOR is not obligated to require a waiver. A waiver will not
relieve CONTRACTOR of its obligation to repair or replace damaged
pavements if it caused the damage by its negligent or willful acts or
omissions under Part 9C of Exhibit 5.
c. Persor7al 6r7jur yl 6r7derrvr7tt.,
If CONTRACTOR enters private property whether in a Vehicle or by foot
(for example to provide roll -out service), following Director approval,
CONTRACTOR may require the property owner to hold harmless and
indemnify CONTRACTOR. In that event, CONTRACTOR shall also
require the property owner to hold harmless and indemnify CITY.
City of Santa Clarita SECTION 3-13 page
SECTION 4 SII::::::If:�VIICI[:::::: S 1f Al114I1 )AII:::�fll::)S
. 1:::1ublIIc II NeaIl 1h wind Safety,- INuis inces (Cointr ct Services)
. 1...... iitte it
CONTRACTOR shall immediately clean up all litter it caused. If
CONTRACTOR services an over -filled Container where the lid cannot be
closed, any litter must be cleaned.
When Collecting any Bulky Item or Abandoned Waste, CONTRACTOR
shall also clean up all litter within a 3-foot radius of the site from which
CONTRACTOR Collected the Bulky Item or Abandoned Waste.
CONTRACTOR shall ensure that each Vehicle is properly staffed and
equipped for this purpose.
1 Slpi]HS
CONTRACTOR shall enclose or cover Solid Waste that it transports in
Vehicles, debris boxes, hoppers, compactors, or any other containers.
CONTRACTOR shall prevent Solid Waste from escaping, dropping, spilling,
leaking, blowing, sifting, falling, or scattering from Vehicles ("Spills") during
Collection and transportation. CONTRACTOR shall not transfer loads from
one Vehicle to another Vehicle unless necessitated by mechanical failure
or accidental damage to a Vehicle. CONTRACTOR shall immediately clean
up any Spills on any alley, street, or public place.
3. I1......ealkiing
CONTRACTOR shall prevent oil, hydraulic fluid, paint, or other liquid from
leaking from its Vehicles. CONTRACTOR shall ensure that each Vehicle
carries petroleum absorbent agents and other appropriate cleaning agents
and if any liquid leaks from a Vehicle, CONTRACTOR shall immediately
cover, treat, or remove the liquid materials from the ground, as necessary,
and apply the necessary cleaning agent to minimize the adverse impact of
the liquid materials.
CONTRACTOR shall conduct Collection as quietly as possible, in
compliance with noise levels prescribed by Applicable Law.
CONTRACTOR shall cause the least possible obstruction and
inconvenience to public traffic or disruption to the peace and quiet of the
Service Area.
City of Santa Clarita SECTION 4-14 page
t, IIII'°uriiii a°tc IIII'° urolleurt ("""IIC""'ask eurvliiicca)
CONTRACTOR shall obtain property owner consent to enter private driveways, alleys,
streets, and parking lots in cases such as:
5,, Private Property
5,, Acknowledgements
CONTRACTOR acknowledges the following: Although there may be an implied
waiver to access the front of Premises, a written consent may be advisable to
access a side or rear yard. Additionally, private streets and driveways may not
meet CITY's design standards and may not adequately withstand the weight of a
Collection Vehicle.
If CONTRACTOR operates Vehicles on private property, following Director
approval, CONTRACTOR may require the property owner to allow
CONTRACTOR'S entry and waive liability for CONTRACTOR'S damage to
driveways or other pavement. CONTRACTOR is not obligated to require a
waiver. A waiver will not relieve CONTRACTOR of its obligation to repair or
replace damaged pavements if it caused the damage by its negligent or willful
acts or omissions under Part 9C of Exhibit 5.
If CONTRACTOR enters private property whether in a Vehicle or by foot (for
example to provide roll -out service), following Director approval, CONTRACTOR
may require the property owner to hold harmless and indemnify CONTRACTOR.
In that event, CONTRACTOR shall also require the property owner to hold
harmless and indemnify CITY
d. CONTRACTOR Indemnifies CITY
Despite receiving CITY approval, CONTRACTOR shall indemnify and hold CITY
harmless from liabilities related to entering Customers' Premises, whether
CONTRACTOR acts in compliance or noncompliance with this Contract. This
indemnification is in addition to CONTRACTOR'S other Indemnifications.
. Single (Pass Collllectiion
If Customers request single -pass Collection (commingling of Refuse, Recyclables,
and Green Waste) on private alleys, streets, and parking lots, CONTRACTOR
shall submit a request to Director; in accordance with item M of Section 4, Single -
Pass Collection.
C. Non....Coiliection (Contract Services)
CONTRACTOR is not obligated to Collect in any of the following events:
City of Santa Clarita SECTION 4-15 page
. U n perm iitted Waste
CONTRACTOR observes the presence of Unpermitted Waste at the
Set -Out Site other than any Unpermitted Waste that CONTRACTOR
Collects as Bulky Items.
. Unsafe Condlitlion
CONTRACTOR observes an unsafe condition at the Set -Out Site.
6. Not (Bagged or IBundlled
Solid Waste not placed in a Container, bags or bundles. Bulky Items do not
need to be placed in a Container, bag, or bundled.
4. Not At Set .Out Site
A Container or a Bulky Item that is not placed at the Set -Out Site, except if
a Customer has Roll -Out Service.
6. (Exceed Welioht I1.....limlitatlions
A Container exceeds any weight limitations described in Terms and
Conditions.
6. IUelliin uent Payment
The Customer has not timely paid CONTRACTOR'S invoice for Task 1
Services in accordance with item 87 of Section 7. One week prior to
removing Container for nonpayment of Customer
Service Fees, CONTRACTOR shall also leave a notice for Occupants
on Container and E-mail or text Customer stating the deadline for payment.
7. lnaccessiilblle l::::'remiises
The Premises are not accessible to Vehicles.
8. Contamination
. Recyclables Corrtairrers
Refuse, Green Waste, or Manure in a Recyclables Container.
b. Gieery Waste Cor7tair7ers
Refuse, Recyclables, or Manure in a Green Waste Container unless Manure
is specifically allowed.
City of Santa Clarita SECTION 4-16 page
C. Reftise Containet.
Manure in a Refuse Container.
d. A,4ar7ure Cor7tair7er
Refuse, Recyclables, or Green Waste in a Manure Container unless
Green Waste is specifically allowed.
. Unsclhedulled
Unscheduled excess Refuse, Green Waste, Bulky Items, and E-waste in
areas requiring advanced scheduling for collection under Exhibit 3A1.
CONTRACTOR shall call, e-mail, or text Occupant by next Service Day to:
• Notify of the non -collection,
• Educate and explain why waste was not Collected, and
• Schedule the Collection.
If CONTRACTOR does not Collect Occupant's discarded Solid Waste, it shall
complete a non -Collection notice and leave it securely attached to Occupant's
Container or Bulky Items unless it is unsafe to do so. CONTRACTOR will use the
form of non -Collection notice approved by Director in CONTRACTOR
Documentation. The form must describe all the following:
• The reason CONTRACTOR did not Collect Occupant's Solid Waste,
• How the Customer can correct the problem, and
• How the Customer can contact CONTRACTOR.
Additionally, if the Occupant of the serviced Premises has signed up for electronic
messages, CONTRACTOR shall send a text or e-mail to the Occupant.
CONTRACTOR shall Collect the Customer's Solid Waste without additional cost
to the Customer at the following times:
• Same d a y : no later than 6 p.m. on the day CONTRACTOR left the
Non -Collection notice, if the Customer notifies CONTRACTOR before
12 p.m. that same day or
• Next day: on the next day, if the Customer notifies CONTRACTOR after
12 p.m. that same day.
City of Santa Clarita SECTION 4-17 page
I:::::. Non (,J iscri rn in a tion
CONTRACTOR shall comply with Subchapter VI I of the Civil Rights Act of 1964,
42 U.S.C. Section 2000e-2000e (17). CONTRACTOR shall not exclude any
Customer from receiving Contract Services on the grounds of race, creed, color,
sex, gender, national origin, ancestry, religion, age, physical or mental disability,
marital status, or political affiliation. It shall not exclude them from participating in,
deny them the benefits of, or otherwise subject them to discrimination under this
CONTRACT or under any project, program, or activity supported by this
CONTRACT.
I.. cai,,4 rII::ZAC raiWaste IlZeductiioin I1:1iracdces (Cointiract Services)
Consistent with the City Council's policy to reduce the amount of Solid Waste
that is Disposed in landfills within the COUNTY, CONTRACTOR shall use best
efforts to practice waste reduction and implement procurement policies in providing
Contract Services, including maintaining Records. In written correspondence with
Customers and Director, CONTRACTOR shall use recycled paper that is labeled
to indicate its recycled content.
CONTRACTOR shall offer Customers the option to go paperless by providing
an electronic invoice presentation option.
Customer Corirespoindeince aired Otll eir 1Matem4ls ( rask 1 Service)
CONTRACTOR shall submit to Director for approval, written materials
CONTRACTOR intends to distribute to Customers at least eight Business Days
before printing, texting, e-mailing, or mailing the materials.
At Director's request CONTRACTOR shall distribute written information to its
Customers and Occupants by including it within CONTRACTOR's mailings or by
separate electronic distribution.
G. II::::'ublHcity aind I1,4ews 1Media FR61ations
. Publicity
Unless otherwise required by subsection F or subsection G.2,
CONTRACTOR and its Affiliates, employees, consultants, agents, or
subcontractors may, without Director consent, publicize its Contract
Services or indicate in its proposals and sales materials that it has been
awarded this CONTRACT to provide Contract Services, if CONTRACTOR
develops that publicity, proposals, or sales materials in a professional
manner.
Neither CONTRACTOR nor any of its Affiliates, employees, consultants,
agents, or Subcontractors may publish or disseminate commercial
advertisements, news or press releases, opinions or feature articles using
City of Santa Clarita SECTION 4-18 page
the name of CITY without the prior written consent of the City Manager and
City Attorney.
2. News IMedia Relations; Trade Joulrnall Articles
CONTRACTOR shall notify Director by telephone followed by e-mail of all
requests for news media interviews related to the Contract Services (and
not other communities) within 24 hours of receiving the request. Before
responding to requests involving matters other than the Collection programs
and scope of Contract Services, CONTRACTOR shall discuss
CONTRACTOR'S proposed response with Director.
CONTRACTOR shall submit copies of CONTRACTOR'S draft news
releases or proposed trade journal articles related to Contract Services to
Directorfor prior review and approval at least four Business Days in advance
of release.
CONTRACTOR shall give Director copies of media interviews and news
releases related to Contract Services within four Business Days of their
occurrence.
II....� 'E:.,spoiriiSllVE:Ilrii¢!RSS k,) (-.Illy (�,.��.�li Lra. cC I weirv'I C'°°eS
CONTRACTOR shall meet the following standards:
1. Nolrlrnal
.........................................................
Respond to CITY communications such as telephone messages, text
messages, and e-mails no later than the next Business Day.
Acknowledge, at a minimum, that the CONTRACTOR has received the
communication and provide an estimated time for a full response if the
communication's issue cannot be immediately resolved.
2. Speciiall (Events
Respond to telephone message within one hour during special events, such
as Mulch and Compost Giveaway Events and Annual Cleanup Events.
. Elmemencv Telephone IMessaQes
Respond to any telephone message within one hour in cases of
emergencies as required under item J1 of Section 4.
4. Written Colrlresloondence
Respond to written correspondence from Director within one week of
receipt.
City of Santa Clarita SECTION 4-19 page
5. Meefiings
Meet with Director during Director's Office Hours within one week of
Director's oral or written request at Director's offices or other location
requested by Director.
. INfz) Coir iir iliingIIling of Solid Waste
. I14o Coirnmiindlliina Il::3etween Areas (Contract Services)
CONTRACTOR may not commingle, in its Vehicles or otherwise, any Solid
Waste that it Collects with the Service Area with any other Solid Waste that it
Collects outside the Service Area in cities or other unincorporated areas,
without prior written consent of Director.
For example, Director may allow Food Waste to be Collected from multiple
jurisdictions to make Collection routes more efficient and therefore more
cost effective.
Director may require documentation such as records of Customers,
including Container capacities, in cities and in the Service Area,
respectively. CONTRACTOR shall maintain Records with respect to Solid
Waste Collected in the Service Area separately from records with respect
to Solid Waste Collected outside the Service Area, including its weight.
2. I14o Coirnmiindlliina of Different IMaterials (..I..aslk 1 Service)
CONTRACTOR may not commingle, in its Vehicles or otherwise, any Solid
Waste that it Collects with any other Solid Waste that it Collects, without prior
written consent of Director, as detailed in item M of this Section. Additional
requirements are in item G2 of Exhibit 3A1.
J. Vey Il::)ersc)ininell (.Cc;inLracSeirviices)
CONTRACTOR acknowledges that it identified certain personnel and described
their professional experience and qualifications in the proposal it submitted to
the COUNTY to procure an agreement, and that COUNTY awarded the agreement
to CONTRACTOR based in part on those individuals' experience and qualifications.
CONTRACTOR shall identify those personnel ("Key Personnel") in
CONTRACTOR Documentation, Exhibit 3D.
CONTRACTOR shall notify Director immediately of changes or upcoming changes
in Key Personnel, including the professional experience and qualifications of the
individual CONTRACTOR proposes to serve in place of a departing Key
Personnel. Director may request CONTRACTOR to propose an alternative
individual to serve in the position of the departing Key Personnel.
City of Santa Clarita SECTION 4-20 page
. Ernergency Felephone Number
CONTRACTOR shall maintain a local emergency telephone number
disclosed to Director for use by Director outside CONTRACTOR Office
Hours. CONTRACTOR shall make a representative available at the
emergency number outside CONTRACTOR Office Hours who will return
any emergency call as soon as possible and in any event within one hour.
2. I1.....ead u::1eirson
CONTRACTOR shall assign a lead person(s), such as a route supervisor,
to this Service Area. The lead person shall be responsible for ensuring that
CONTRACTOR meets Performance Obligations. They shall spend as
much time as possible in the Service Area. They shall act as a liaison
between field crew and Director.
K unifoirii is (Cointiracts)
CONTRACTOR shall require its field employees to wear uniforms and prohibit
them from removing any portions of their uniforms while providing Contract
Services. Uniforms must meet the following specifications:
• Bear the CONTRACTOR's name, or other name approved by Director (for
example, a DBA instead of a corporate name), and
• CONTRACTOR'S logo.
t.,. f 0111fiid��,lintliaiity (Coirntiracts)
CONTRACTOR shall maintain the confidentiality of all records obtained from
Director under this CONTRACT in accordance with all Applicable Law.
CONTRACTOR shall inform all its officers, employees, agents, and
Subcontractors providing Contract Services of this confidentiality obligation.
CONTRACTOR acknowledges that these records may be subject to a Public
Records Request made to CITY.
City of Santa Clarita SECTION 4-21 page
Exhibit 5 contains additional Performance Obligations of a general nature, not necessarily
directly related to providing daily Collection. Exhibit 5 includes the following parts:
Part 4 Indemnifications and Insurance
Part 6 Debarment Breaches and Defaults; Suspensions; Termination
Part 8 Transfer of CONTRACT
Part 9 General Provisions
Part 10 Definitions and Interpretations of CONTRACT
Part 11 Compliance with Laws and Regulations
Part 12 Labor -Related Provisions Required in City Contracts
City of Santa Clarita SECTION 5-22 page
SECTION 6 CUSTOMER SERVICE (Task 1 Services)
6,, °°°eeliiillllliifliiies
CONTRACTOR shall maintain both the following:
• A Vehicle maintenance yard, and
Office at the address provided in CONTRACTOR Documentation.
CONTRACTOR may change the address by notifying Director in accordance with
item A6 of Exhibit 3D.
fIII °°"IIC°'°&Ie Ill'iiioune SeirVice
CONTRACTOR shall maintain a toll -free telephone number and meet the following
criteria:
6,, ffiiiee III-:11Iot.jirs
CONTRACTOR shall provide a customer service representative to personally
answer all calls to the toll -free number during CONTRACTOR Office Hours,
including calls from Director, Customers, Occupants, and the public.
,, After III °°III o u rrs
CONTRACTOR shall provide an answering machine to answer all calls to the
toll -free number outside of CONTRACTOR Office Hours that allows callers to
leave messages, such as reporting missed pick-ups and other complaints.
3,,,Me
,,,,,,,,,,,,!,,,,,,III,,,,III,„III,„,,,,I,,,,,,,,,,,,,,,,iiiin
CONTRACTOR shall use Reasonable Business Efforts to broadcast public
education messages while Customers are waiting on hold to talk to a
customer service representative.
4. ...................................III Ip..!l' , ,ir , ,,,l .!i
CONTRACTOR shall require no more than two recorded options on a telephone
tree before the caller speaks to a live customer service representative (for
example, English/Spanish and residential/commercial service choices).
6,, Answer Speed
CONTRACTOR shall use Reasonable Business Efforts to answer the
telephone within four rings. CONTRACTOR shall answer 90 percent of all
calls within the first 4 rings.
CONTRACTOR shall not leave the Customer on hold for more than ten
minutes.
City of Santa Clarita SECTION 6-23 page
If Director determines that CONTRACTOR does not meet these Service
Standards, Director may require that CONTRACTOR install additional
telephone lines, hire additional customer service representatives, and make
other customer service improvements without increasing Service Fees.
Their determination will be based on whether the CONTRACTOR answers
calls:
• Within five rings, based on at least three calls within one week, or
10 calls within one month.
0. Iiilliinguall
CONTRACTOR shall respond to Customers and Occupants in English or
Spanish as requested by the Customer or Occupant.
.7. IKnowlledcealblle Staff
CONTRACTOR shall provide customer service representatives with a
knowledge of basic services in the CONTRACT. A supervisor with
extensive CONTRACT knowledge is to be available to respond to questions
or concerns by callers.
A representative answering a regional or nation-wide hotline with no
CONTRACT specific training is not acceptable. Also, calling someone back
after researching the correct answer is acceptable but providing the wrong
information due to a lack of adequate training is not acceptable.
C. Ilnforr°rnaflon and 10ervices
t . Welbsiite
CONTRACTOR shall develop and maintain a website that includes the
following information and Service options:
a. Service triforrn atiori
Information such as Terms and Conditions form or service
information, service brochures, newsletters, FAA's, Holiday
schedules, holiday tree pick-up information, service changes, invoice
explanations, allowable and forbidden discards, list of recyclable
materials, educational and outreach materials, notifications, alerts,
and other information requested by Director.
City of Santa Clarita SECTION 6-24 page
b, Bill Payment
The ability for Customers to review and pay their bills.
C, Ser-vice Reqtie sts
Requests for service collection that is not regularly scheduled,
including on -call bulky waste collection, requests for extra pickups,
and service cancellations.
d, Contact Us
CONTRACTOR's contact information where Customers can register
complaints and follow-up on complaint resolution.
e. Link
Link to Director's website, Greensantaclarta.com.
2. Electronic l::3iHing
To reduce paper waste and reach more readers, CONTRACTOR shall offer
both the owners and occupants of serviced Premises the option to
subscribe to electronic billing. CONTRACTOR shall offer Customers
the following options-
0 Receiving service information described in preceding
i t e m C 1 a electronically, subsequently switching back to paper-,
0 Electronic billing under preceding item C1b-1
0 Making service requests under preceding item C1c; and
0 Contacting CONTRACTOR under preceding item Cld.
CONTRACTOR shall give all educational messages and the template for
service messages to Director for approval prior to sending to Customers.
Upon Director's request, CONTRACTOR shall send messages provided by
Director.
3. E .irnal l Address
CONTRACTOR shall maintain an e-mail address for use by Customers and
Occupants.
City of Santa Clarita SECTION 6-25 page
II.:). Il,Z1esll.)f;)iiwnses 1f,:) C,.js )rrneir Cornpllaints airnd CXheir C01111Eilspoit dEilince
a
11::Resollutiiolrn of Coirnir.�llaiilrnts
a. CaIII -mail for Service
ice
CONTRACTOR shall maintain an e-mail address under preceding
subsection C3 and telephone service under subsection 8 of this
Section.
A call or e-mail from a Customer or Occupant to request a service or
report an issue, such as a damaged container, is not considered a
complaint.
b. First Complaint
CONTRACTOR shall address all Customer and Occupant
complaints immediately and resolve them by the end of the next
Service Day following Customer or Occupant contact or any
reasonable time agreed upon between Customer or Occupant and
CONTRACTOR. A Customer or Occupant should not have to call or
e-mail to complain on the same issue because CONTRACTOR did
not resolve it as previously committed by CONTRACTOR, such as a
damaged containerwas not repaired or replaced as committed.
c, Second and Subsequent Con7plaints
A Customer or Occupant should never have to call or e-mail to
complain a second time on the same issue because CONTRACTOR
did not resolve it as previously committed by CONTRACTOR such
as a damaged container was not repaired or replaced and the
Customer or Occupant previously called ore -mailed to complain.
Conjimulrniicatiiolrns Loa
CONTRACTOR shall enter, log, and maintain Records of all
communications and their resolution, in computerized format.
CONTRACTOR shall maintain that log. CONTRACTOR shall submit the
log for the applicable quarter to Director with CONTRACTOR'S Quarterly
Report under item A2 of Section 10.
IMissed Collllectiiolrns
If Director, a Customer, or an Occupant notifies CONTRACTOR that
CONTRACTOR has not collected an Occupant's Solid Waste and not met
City of Santa Clarita SECTION 6-26 page
its Performance Obligation, CONTRACTOR shall Collect at no additional
charge:
• No later than 6 p.m. on the day of service, if it receives the complaint
by 12 p.m., or
• On the next day, if the complaint is received after 12 p.m. on the day
of service.
4. Ciity's If eiirinlburserinent Costs
If CITY employees or their contractors spend more than either of the
following times resolving Customer complaints, then CONTRACTOR shall
reimburse CITY for its Reimbursement Costs that CITY incurred to resolve
the complaint:
• Two hours in the aggregate resolving complaints from any single
Customer that the Customer states have previously been filed with
CONTRACTOR, or
• More than one hour in any work week (Monday through Friday)
resolving complaints from different Customers.
The invoice for Reimbursement Costs should include all the following
information:
• The address of the Premises being serviced,
• Customer who complained,
• Nature of complaint,
• Amount of time spent,
• Costs, including hourly fees for employees, agents or contractors
who addressed the complaints, and
• Expenses, including phone and postage costs.
E. EH`vi(,EM IkltEM�'J`uptlWl
CONTRACTOR shall not alter or interrupt its service schedule without Director
consent. CONTRACTOR shall alert all Customers and Occupants of any Director -
approved interruption in service and when servicewill resume. CONTRACTOR may
use any type of communication, including phone blast, e-mail blast, and text
messaging. Examples of interruption include various reasons, such as road
closures, extreme weather conditions, or breakdown of CONTRACTOR equipment.
City of Santa Clarita SECTION 6-27 page
::. I w sj, .)onsiveness to CUStOrrier'
Respond to communications such as telephone messages, text messages, and e-
mails to the source that made contact no later than the next business day. If
CONTRACTOR is unable to directly address the issue, CONTRACTOR shall
respond with an acknowledgement to confirm receipt of message and indicate
when the issue will be addressed.
Respond to United States Postal Service, Federal Express, or other courier provided
correspondence from Customers or Occupants within one week of receipt.
G. Setting Up or T"er-ninating Service
1. New Customers
• Obtain contact and service location information
• Explain services and charges
• Mail brochure
• Offer Bulky Item Collection
2. I ermiinatino Service
• Offer Bulky Item Collection
• Explain what to do with Containers
• Explain refund procedure for any prepaid services
City of Santa Clarita SECTION 6-28 page
S I[:::::. C TQ YN '7 All'V II::: B II IL.....II......II III C
Basic Service Fee means the monthly charges for that CONTRACTOR bills a
Customer for providing Collection with respect to Task 1 Services, without
additional optional services.
Customer Service Fee means the amount that CONTRACTOR bills Customers
for providing Task 1 Services.
Customer Surcharges means the amounts listed as "Surcharges" on the Service
Fee Schedule.
A. Customer 'Service I1:::::ees
CONTRACTOR shall charge Customers no more than the Customer Service Fees
in Attachment 7-2, Task 1 Service Fees of Exhibit 7.
1. Uniform Dees
CONTRACTOR shall charge the same, uniform Customer Service Fees for
the same Task 1 Services listed in Attachment 7-2, Task 1 Service Fees of
Exhibit 7.
2. Surcharges
Surcharges will be added to the Basic Service Fee. See Attachment 7-2,
Task 1 Service Fees of Exhibit 7.
a. Billing Fees
• 10 percent late fee
• $25.00 for interruption of service
• $25.00 fee on returned checks
la. Extra Containers
o, Difficult to Service
(1) lore Elderly or Non Disabled
(2) Elderly or, Disabled
CONTRACTOR shall provide this service, without additional
charge to Customer, for Occupants who are E l d e r l y o r
Disabled and certify to the CONTRACTOR that there is no
able-bodied individual in the household who can roll -out Cart
to the Set -Out Site.
City of Santa Clarita SECTION 7-29 page
d. Roll oart Service
e. Additional Bulky Items Collection
tf Excessive Container, Exchanges
w. I arxarre Service
h. Rec. clables Cart with Gravity Lock
3. Il: asic Service Il:::::'ee Discounts
...........................................................................................................................................................................................................................
CONTRACTOR shall subtract any discounts to the Basic Service Fee.
CONTRACTOR shall add together all discounts. Multiple discounts will be
an aggregate total prior to applying to Basic Service Fee. CONTRACTOR
is not to charge more than the amounts in Attachment 7-2, Task 1 Service
Fees of Exhibit 7.
a . Senior Discotint (25 percent)
CONTRACTOR shall discount the Basic Service Fee by 25 percent
for Elderly Customers at Residential Premises meeting all the
following requirements:
(1) 62 or 011delr
The Customer is age 62 or older as evidenced by a driver's
license or other document issued by a governmental entity.
(2) Nead of IHouselholld
The Customer is a head of household as evidenced by his or her
name on utility or telephone bills for the involved premises.
(3) 1......life ll......lilne or Il......ow (Refuse Generator
The Customer either: (a) qualifies for discounted utility rates
based on financial need (such as those referred to as
"life -line" rates) as evidenced by water, power, or telephone
bill for the involved premises, or (b) generates small amounts
of waste and for Refuse, uses only one 32-gallon Cart.
City of Santa Clarita SECTION 7-30 page
b, No Service
CONTRACTOR shall not discount the total for Basic Service Fees
for Customers that do not use any or Task 1 Services, such as not
separating Recyclables and Green Waste from Refuse and do not
use Containers for Recycling or Green Waste discard.
B. Custorr�er Invoice arrd i::layin'ieint
1 Invoice Content
CONTRACTOR shall include in its Customer invoice the following information:
a. Cor7tact 6r7forn7atioi,7
�.'ONTRACTOR's telephone number, Office address, website and e-
mail address for Customer complaints and questions.
b, Iten7i7ed Costs
Itemize costs in accordance with services. CONTRACTOR shall not
identify that portion of a Customer's invoice
attributable to Contract Fee.
C, Paper -less Optior7
A message promoting its website-based invoicing and
payment system on all paper invoices sent to Customers.
At Director's request, CONTRACTOR shall promptly submit a copy of a
Customer's invoice to Director.
2 Frequency
CONTRACTOR shall invoice Cart Customers quarterly following the
Calendar Year quarter and Dumpster Customers (if applicable) monthly, or
an alternate frequency as approved by Director.
Task 1 Services including any surcharges are to be billed to Cart Customers
quarterly, three months in advance. Bills shall be sent on or after the first day
of the billing period. Payment in full is due no later than the last day of the
first month. For example, bills are sent on Aprill for the billing period of April,
May, and June and due on April 30.
If Customer fails to pay bill in full, see item B7 of this Section for actions to
be taken.
City of Santa Clarita SECTION 7-31 page
3. IE Iectroniic InvoIciin
To reduce paper waste, CONTRACTOR shall make available to all
Customers an electronic invoicing system at no additional charge.
CONTRACTOR shall ensure that the electronic invoicing and payment
website conforms to industry -standard practices for electronic commerce
security. CONTRACTOR must ensure that these Customers
receive invoice inserts such as newsletters either electronically or paper
copies, as requested by Customer. Through CONTRACTOR'S website,
Customers may request to cease paper invoices and receive all invoices
through e-mail or access them on CONTRACTOR'S website.
II rise=arts
At Director's request, CONTRACTOR shall include a message and/or enclose
with Customer's invoice all inserts prepared and provided by Director.
5.. Bectroniic I:.�a I
CONTRACTOR shall make available to all Customers an
electronic payment system at no additional charge. This system will be
website based and allow Customers to pay invoices through
CONTRACTOR'S website, both one-time and reoccurring. CONTRACTOR
must allow credit card payments and may include direct bank routing or other
payment methods.
5.. Il::etunds
CONTRACTOR shall refund any overcharges to a Customer (including
advance payments for Task 1 Services that are subsequently canceled)
within 30 days after collection thereof. CONTRACTOR shall pay the
Customer interest on overcharges (other than advance payments for
subsequently canceled services) with interest thereon at 10 percent per
annum from the date originally overcharged until the date refunded.
7. I1.....ate I a its
Customer payment of bills are due to CONTRACTOR no later than the last
day of the first month of the calendar quarter. The following are the required
warning notices and maximum allowable penalties for late payment.
CONTRACTOR may be more lenient.
If payment is not received after 1.5 months, a reminder shall be sent to Customer
indicating missed payment, balance due, and warning of ten percent late fee. If
payment is not received by the last day of the second month, the account will
become delinquent and an additional ten percent fee may be added to the
balance. If payment is not received after 2.5 months, a second reminder shall
be sent to Customer indicating missed payment, balance due including ten
percent late fee, and warning of stopping service and Container removal. If
City of Santa Clarita SECTION 7-32 page
payment is not received after 3 months, Task 1 Collection Service may be
stopped. If payment is not received after 3.5 months, Task 1 Collection Service
may be interrupted by removing the Containers from the premises and a $25
interruption fee may be charged upon returning Containers to Premises.
CONTRACTOR is to abide by any trespassing laws while removing Containers.
If Customer fails only to pay for surcharges for any or all special services in
item A2 of Section 7, those special services shall be stopped without
affecting other services. For example, if a Customer has an extra Refuse
Container but is not paying the fee for the Container, the extra Container
should not be Collected but all other Task 1 Services shall be provided.
A $25.00 fee on returned checks (insufficient funds) may be charged to Customer.
Plain Language Table
Elapsed Time Action
1 st day of quarter Bill sent to Custom
er
a, Partial Payrnent
If Customers fails only to pay for surcharges for any or all special services
in item A2 of Section 7, those special services shall be stopped without
affecting other services. For example, if a Customer has an extra Refuse
Container but is not paying the fee for the Container, the extra Container
should not be Collected but all other Task 1 Services shall be provided.
Reh,jr' e Cheek f ee
A $25.00 fee on returned checks (insufficient funds) may be charged
to Customer.
City of Santa Clarita SECTION 7-33 page
II°°1ar°tlii61ipate ii'flh 01it Stunt
CONTRACTOR shall cooperate with Director in conducting Solid Waste
characterization studies and waste stream audits. Cooperation includes all the
following:
Diverting Collection Vehicles from their regular route to alternate locations;
Emptying all Solid Waste from Collection Vehicles; and
Providing Collection, transportation, and Disposal of Solid Waste remaining
after the study or audit.
IlB II°°1er°forrni Stunt
CONTRACTOR shall perform Solid Waste generation and Disposal
characterization studies to assist City in compliance with State laws and goals.
CONTRACTOR's study shall also include collecting data and preparing reports, as
needed and as directed by Director, to determine weights and volumes of Solid
Waste that is Collected and to characterize Solid Waste that is generated,
Disposed, transformed, Diverted, or otherwise processed, by Customer type (such
as Single -Family and Multi -Family). CONTRACTOR shall follow all guidelines
and sampling methodology established by CalRecycle when conducting the study.
CONTRACTOR shall perform the required studies during the first Contract Year
and every other year thereafter.
City of Santa Clarita SECTION 8-34 page
CONTRACTOR'S obligations and CITY'S rights in this Section survive the term.
A. RE:IC011"d I aliilµItEilinaince and IRE:11tE:11Iµ1 l01I'1
1. Al] Records
CONTRACTOR shall prepare and maintain all Records in accordance with
generally accepted auditing principles during the Term and for an additional
period of not less than five years after the Expiration Date or any longer
period required by Applicable Law.
2. u: lsposallRecords
CONTRACTOR acknowledges:
a. CNain7
That CITY may need to respond to claims under CERCLA or
similar applicable laws with respect to Disposal of Solid Waste.
CITY'S need to determine the quantity, location, and date of
CONTRACTOR'S Disposal of Solid Waste.
Therefore, CONTRACTOR shall establish and maintain a protocol for the
retention and preservation of those Records, for a period of five years after
the Expiration Date or any longer period required by Applicable Law, which
protocol will document where CONTRACTOR Disposed of Solid Waste that
it Collected (whether landfilled, incinerated, composted, or otherwise
processed or marketed).
3.. Notification
CONTRACTOR shall give Notice to Director at least 30 days before
destroying Records of Disposal at any time after the retention period
referred to in item Al of Section 9.
B. City CUStOdy
If Director has reason to believe that Records may be lost, discarded, or destroyed
for any reason, Director may require that CONTRACTOR give CITY custody of any
or all Records. Access to those Records will be granted to any Person duly
authorized by CONTRACTOR. CONTRACTOR shall pay for storage cost.
City of Santa Clarita SECTION 9-35 page
C. Ilnsl,:.)ection aired Il::Zevliew of l:: ecor(,Js
Upon five Service Days' notice by telephone or writing, or a lesser amount of time in
the event of extraordinary circumstances, Director and/or its contractor may inspect,
review (including using outside contractor), excerpt, transcribe, and copy all Records
at CONTRACTOR'S Office during CONTRACTOR Office Hours. CONTRACTOR
may maintain Records outside of CITY (1) if it promptly provides copies thereof to
Director at Director's offices, (2) if Director, in its sole discretion, agrees to travel
outside CITY and CONTRACTOR pays CITY's Reimbursement Costs.
In addition to travel costs, CITY will bear the expense of the review and of
obtaining a copy of Records; however, within 30 days of Director Notice,
CONTRACTOR shall reimburse CITY for CITY'S Reimbursement Cost of the
expenses for the review if the review reveals a discrepancy of the lesser of
3 percent or $2,500 between:
• The amount contained in the Records (e.g., the amount of Solid Waste
Collected or Diverted), and
Any representation or Report that CONTRACTOR made to CITY;
Contract Fee or other money paid to CITY; or information that
CONTRACTOR submitted to Director.
Director may give Notice to CONTRACTOR identifying any discrepancy.
CONTRACTOR shall pay any discrepant shortfall in Contract Fee or other
payments due CITY, upon Director demand, including fees and charges for the
late payment of Contract Fees. Failure to make those payments will constitute
a CONTRACTOR Default in accordance with Part 6 of Exhibit 5. In lieu of
payment, Director in its sole discretion may (1) deduct that shortfall from amounts
that CITY owes CONTRACTOR under this CONTRACT, other contracts, or any
other obligation, or (2) draw that shortfall from the performance bond, letter of
credit, certificate of deposit, or other form of performance assurance provided by
CONTRACTOR in accordance with Section 15.
I::::. Copies of Am.fits
If anyone, including Federal or State auditors and auditors or accountants
employed by CONTRACTOR or others, conducts an audit of CONTRACTOR
specifically regarding this CONTRACT, then within 30 days of the audit report,
CONTRACTOR shall file a copy of the audit report with City's Auditor -Controller and
notify Director of the filing, unless otherwise provided by Applicable Law. Subject
to Applicable Law, CITY shall make a reasonable effort to maintain the
confidentiality of such audit report(s)
City of Santa Clarita SECTION 9-36 page
Sullbrnisslon of I::Recorcls
CONTRACTOR shall submit to Director, without charge to CITY or charge to
Customers, any Records relating to Diversion requested by Director to assist
CITY in meeting obligations imposed by Federal, State, and local laws.
CONTRACTOR shall submit those Records using a mutually agreeable
format for information requested by Director..
I::::'U1bIIc I::Recorcl I::RegUest
ExclWsiive I::::IIropelrty
The following become the exclusive property of CITY:
Any Record or other document that CONTRACTOR gives Director,
including about the procurement of this CONTRACT (such as
proposals);
Any Record or other document that Director obtains about Director's
audit or inspection under this CONTRACT, including books and
accounting records.
The above Records or other documents become a matter of public record
and shall be regarded as public records, except if CONTRACTOR marks
them as a "trade secret," "confidential," or "proprietary," they will be deemed
excluded from disclosure under Government Code 6250 et seq. (Public
Records Act). However, if a requestor seeking records marked "trade
secret," "confidential," or "proprietary" does not agree that the records are
exempt, then CITY will notify the CONTRACTOR that such records will be
produced, unless the CONTRACTOR intercedes and files an injunction or
other action to legally prevent disclosure.
CONTRACTOR agrees that CITY shall not in any way be liable or
responsible for the disclosure of any such records including, with limitation,
those so marked, if law requires disclosure, or by an order issued by a court
of competent jurisdiction.
2. 1:::)efend, Ilndernniifv and Il Molld CII I Il llalrlrnlless
CONTRACTOR shall defend, indemnify and hold harmless City from all
costs and expenses, including reasonable attorney's fees, in connection
with any requested action or liability arising under the Public Records Act,
including request for any of the Records or other documents marked "trade
secret," "confidential," or "proprietary." CONTRACTOR releases CITY from
liability or responsibility for disclosing Records or other documents
including those so marked, if Applicable Law require disclosure, including
an order issued by a court of competent jurisdiction.
City of Santa Clarita SECTION 9-37 page
SECTION 10- REPORTS
A. F'yp .s ar° d (""ontent
1.. Monthly IData
Within 30 days after the end of each calendar quarter, CONTRACTOR shall
complete and submit the data electronically for each individual calendar
month. Upon Director request, monthly data shall be submitted as soon as
possible. CONTRACTOR shall complete and submit City requested
reports in a format that is mutually agreeable including e-mail Collection
route maps and schedule if any map or schedule has changed during the
prior month.
Ouairteirlly Ifepoirts
Within 30 days after the end of each calendar quarter, CONTRACTOR shall
submit the Quarterly Report for the preceding three calendar months ending
with that month to Director using the form provided by Director, which
includes the following information:
a. Rejected Rec.yclables and Green Waste
ste
Number of loads and tons of materials in Recycling or Green Waste
loads rejected for Processing together with the reason for rejection
and facility at which the rejected materials were Disposed.
b, Educatiorial Materials
A report of educational materials distributed, events held, and any
events attended by CONTRACTOR to its Customers.
c. Nori-Collectiori Notices
The number of Non -Collection notices issued and the reasons for
issuance.
d. Custorner.l.....ist
CONTRACTOR customer service list, which includes a list of all
current and closed accounts, account numbers, name associated
with each account, customer addresses, level of service provided at
each address, services provided that are not Contract Services,
billing and payment dates, payment received from each Customer,
and any other information associated with Task 1
Services only upon request by Director.
City of Santa Clarita SECTION 10-38 page
e. Cor")tarnir)atior") Audit
V 1110#1 111F, MW
3. All nuall if eirjm°1
On or before each February 28, CONTRACTOR shall submit the Annual
Report to Director in a form satisfactory to Director, for the preceding Calendar
Year, including the following information:
a. Waste Diversior") Prograrn lrn lerner)tatior)
A report of CONTRACTOR'S compliance with its Performance
Obligations with respect to Waste Diversion Program implementation
during the preceding Calendar Year.
b, w ubcor)trar;tors
An updated list naming all Subcontractors, the amount of Goods or
Services that each Subcontractor provides to CONTRACTOR, and a
description of CONTRACTOR'S relationships to each Subcontractor
(including ownership interests) in accordance with item 9M of Exhibit 5.
c. South Coast Air Quality ar)a, erner)t District Rule 1193
Each Vehicle's compliance with South Coast Air Quality
Management District Rule 1193, Clean On -Road Residential and
Commercial Collection Vehicles, and Diesel Particulate Matter
Control Measures (13 California Code of Regulations 202 et seq.).
& w r;aver) ir)
A narrative description of efforts made to deter and prevent
unauthorized removal or scavenging of Recyclables.
e. Vehicles
An inventory of Vehicles assigned to the service area and information on
each Vehicle including its number, fuel type, year, make, model, license
plate number, VIN number, assigned route with start and finish points,
days of service, type of material collected, and number of accounts being
serviced. CONTRACTOR shall update and submit immediately if any
Vehicle, route or information has changed during the prior year.
City of Santa Clarita SECTION 10 39 page
4. Re ores of Viiollators
If CONTRACTOR discovers that any Person is providing MSW
Management Services in the Service Area that are not authorized by
Director or are in Violation of Applicable Law, then CONTRACTOR shall
promptly e-mail Director with the following:
• The identity and address of the Person ("Violator"), if known;
• The facts and documentation supporting CONTRACTOR'S report; and
• Any other information or documentation about the Violator and
CONTRACTOR'S report that Director may reasonably request.
CITY acknowledges that CONTRACTOR may seek legal or injunctive relief
against the Violator in accordance with Applicable Law to cease
providing those MSW Management Services. Notwithstanding the
foregoing, CITY is not liable to CONTRACTOR, and CONTRACTOR
hereby releases CITY about any act of a Violator.
E. Subir ilisslion f..;)f II::-�E:Ip0111s
CONTRACTOR shall submit Reports in a format compatible with
CITY'Scomputers and shall submit reports using the following methods:
`fl . IMonthly If: eirjou is
Submitted electronically by using a mutually agreeable format in
accordance with this Section.
. Ouartedy IRe ores and Annual) If: eirjort
Submitted via e-mail or printed copy, as determined by Director, in
accordance with this Section.
C. Il::Zell,,.)f,.;)irtliirng Adverse Iinfoiriniatlioin
CONTRACTOR shall provide Director copies of all reports, pleadings,
applications, notifications, and notices of violation, communications or other
material directly relating to its Performance Obligations submitted by
CONTRACTOR to, or received by CONTRACTOR from Regulatory Agencies,
including any of the following:
• The United States or California Environmental Protection Agency;
• CalRecycle;
• The Securities and Exchange Commission;
• Any other Regulatory Agency;
• Any Federal, State, or County court.
City of Santa Clarita SECTION 10-40 page
CONTRACTOR shall submit copies to Director simultaneously with
CONTRACTOR'S submission of those materials to those entities. At Director's
request, CONTRACTOR shall promptly make available to Director any other
correspondence between CONTRACTOR and those entities.
f. , City's Right to FRequest Ilnforrnation
At Director's request, CONTRACTOR shall promptly provide to Director additional
information reasonably and directly pertaining to this CONTRACT (including
substantiation of information submitted in Reports).
City of Santa Clarita SECTION 10-41 page
&:..::::.0 FIIGN 11 SUl:..: S riLru II::::::.I II::::::.II CI[:::::.II�CY All'VIl:::i l:3ACIK U11::::) SII::::::.II:::W1/ CII::::::.
A. IC:)irec.tor's I:::RJght to Iw:::Irovide Contract Services
1. Events
With or without making use of CONTACTOR's vehicles or personnel, CITY
may provide or contract with a third party to provide, for the performance
of, any or all Customers services in either of the following events,
determined by Director in its sole discretion:
a, d.Jnable for a Period of 48 Hours to Collect
• For 48 consecutive hours CONTRACTOR does not Collect
and Dispose of any type of Solid Waste for any reason,
including Uncontrollable Circumstances, or
• Director determines there is danger to public health, safety, or
welfare.
b. CITY" Suspends or Terminates CONTRACT
City suspends or terminates all or a portion of the CONTRACT.
CITY has no obligation to continue providing any or all Contract
Services. It may stop providing them at any time, in its sole discretion.
However, CITY may continue to provide those Contract Services until
either of the following occurs:
• CONTRACTOR demonstrates to Director's satisfaction that
CONTRACTOR is ready, willing, and able to resume providing
timely and full Contract Services, or
• Director can make alternative arrangements for providing MSW
Management Services comparable to Contract Services in
scope and price. Alterative arrangements may include
contracting with another, third -party service provider.
Director may give CONTRACTOR oral notice that Director is exercising its
right to perform Task 1 Services, which notice is effective immediately,
but must confirm oral notice with a Notice within 24 hours thereafter.
. Stiilpullatiioll s
CONTRACTOR stipulates that CITY'S exercise of rights under this
Section does not constitute a taking of private property for which CITY
City of Santa Clarita SECTION 11-42 page
of CITY to CONTRACTOR, and does not exempt CONTRACTOR from any
Indemnities, which Parties acknowledge are intended to extend to
circumstances arising under this Section. However, CONTRACTOR is not
required to indemnify CITY against claims and damages arising from the
negligence or misconduct of CITY officers and employees (other than
employees of CONTRACTOR at the time CITY began performing Task 1
Services) and agents driving Vehicles. CITY shall indemnify
CONTRACTOR. its Affiliates and its and their officers, directors, employees,
and agents from and against damages, costs, or other expenses or
losses they incur arising out of or relating to that negligence or misconduct.
4. Rental and Other Compensation
a. Uncontrollable Circun7stances
If an event described in items Ala or Alb in Section 11 is due to
Uncontrollable Circumstances, then CITY shall pay CONTRACTOR the
following Direct Costs. However, CONTRACTOR shall not double bill
CITY for services already compensated through charging and
collecting Customer Service Fees For example, CONTRACTOR shall
not be paid for the use of automated Collection Vehicles for scheduled
weekly Collection from Containers since CONTRACTOR is already
receiving Customer's payment for that service which includes use of
these Vehicles.
(1) Rental Fees
Rental fees for the use of equipment equal to fair market value
thereof as determined by an independent appraiser selected
by the Parties.
(2) Ve. hides
CONTRACTOR'S Direct Costs of providing Vehicles with fuel,
oil, and other maintenance.
(3) Personnel
CONTRACTOR'S Direct Costs of making CONTRACTOR'S
personnel available to CITY, including Direct Costs of using
CONTRACTOR's personnel to operate CONTRACTOR's
equipment or vehicles.
The Parties shall select an appraiser as follows: within ten days after
CONTRACTOR requests payment of rental fees in events described
City of Santa Clarita SECTION 11-43 page
list of five Persons who do not work for either Party having
experience in solid waste equipment appraisal, in numerical order
with the first preference at the top, and exchange and compare lists.
The Person ranking highest on the two lists by having the lowest total
rank order position on the two lists is the appraiser. In case of a tie
in scores, the Person having the smallest difference between the
rankings of the two Parties is selected; a coin toss determines other
ties. If no Person appears on both lists, this procedure is repeated. If
selection is not completed after the exchange of three lists or 60
days, whichever comes first, then each Party will select one Person
having the qualifications and experience described above and those
two Persons will together select an appraiser. CONTRACTOR shall
provide equipment, Vehicles, and/or personnel upon request and not
wait for the determination of the appraiser.
. Other Than Uricoritrollable Ctrctin7 tarice
If an event enumerated in items Ala or Alb in Section 11 is not due
to Uncontrollable Circumstances, then CITY will not be obligated to
pay the compensation and CONTRACTOR shall pay City's
Reimbursement Costs within 10 days of CITY'S submitting an
invoice therefore. If CONTRACTOR does not so timely pay, CITY
may draw upon any performance bond, letter of credit, or other
security provided under this CONTRACT.
B. ack,.jll°.) Service 11:=:11ain
CONTRACTOR shall implement its Backup Service Plan within seven days of
Director request if Customer's Solid Waste is not Collected at Customer's Set -Out
Site or Abandoned Waste is not Collected for any reason, including uncontrollable
circumstances. An example is if CONTRACTOR'S drivers strike or it is not
possible to provide Contract Services in difficult to service areas due to severe
weather conditions, especially on hillsides. CONTRACTOR shall include the
provisions:
1. Duirnnsteirs or roll off containers
Provide conveniently located Dumpsters or rol I -off containers where
Customers may discard Solid Waste.
. Self hauliina Solid Waste
Offer Customers the option of self -hauling Solid Waste to a transfer station
or disposal facility.
City of Santa Clarita SECTION 11-44 page
. Ilnforim Custoirners
Inform Customers of procedures for handling Solid Waste, preventing litter
and discouraging vectors (such as keeping Carts in their storage place and
not at Set -Out Sites, discarding excess Solid Waste in closed plastic bags
and not loose in Carts).
4. Custoimer Service (Fee (Refund IPolliicv
Describe any Customer Service Fee refund policy for missed Task 1 Services.
5. Il eirjIlaceirnent II:::)rivers
Provide replacements for drivers and other employees who are not
providing Collection or other Contract Services (such as supervisory
personnel or management, or employees of Affiliates or other solid waste
management companies), in cases of strikes of CONTRACTOR drivers,
and security for those drivers and other employees.
6. Priority Service Custoirners
Identify customers that require priority service.
C. Use of Goods, s, Services aired Il:::p1c°0pE:11[°ty
1. Cart Acquisition Contracts
CONTRACTOR acknowledges that CITY must have full use and
possession of Carts to secure its rights under this Contract, including both
the following:
• Providing substitute service in accordance with its remedies under
Part 6 of Exhibit 5 for Breach or default, and
• Purchasing Carts upon termination of this Contract.
Therefore, if CONTRACTOR does not own Carts outright without
encumbrance, any Cart Acquisition Contract must allow the Guarantor,
CITY or CITY designee to do all the following:
• Assume CONTRACTOR's obligations under the Cart Acquisition
Contract,
• Take use and possession of the Carts, and
• Obtain the benefits of any outstanding Cart warranties.
"Cart Acquisition Contract" means an instrument establishing a security
interest in the Carts or that otherwise encumbers or limits CONTRACTOR's
interest in Carts, including any of the following:
City of Santa Clarita SECTION 11-45 page
• Lease or lease -purchase agreement,
• Installment sales or other financing contract, or
• Note or other loan documentation.
Inventory
CONTRACTOR shall store unused Carts in a secure location.
CONTRACTOR shall update its Cart inventory at both following times:
• In each Monthly Report and Annual Report, and
• Within one week of CITY request
3. Insurance
If CITY or Customers have possession and use of Goods, Services and
Property, CONTRACTOR shall execute whatever documentation its liability
insurers require to ensure that CITY and Customers are protected and
covered by CONTRACTOR's general and automobile policies, including
requesting and executing endorsements to those policies. CONTRACTOR is
not obligated to pay any additional cost of those endorsements unless CITY
reimburses CONTRACTOR for those costs. CITY may pay for any
endorsements, additional premiums or other costs. CONTRACTOR
authorizes CITY to call and confer with CONTRACTOR's insurance broker to
determine what, if any, documentation or actions are necessary to achieve
protection satisfactory to CITY. Upon CITY REQUEST, CONTRACTOR
shall direct its insurance broker to cooperate with and take direction from
CITY. CONTRACTOR may not rescind that authorization without CITY
consent.
4. Vehliclle Certification for l:::::I[:::::IIMA
CONTRACTOR shall cooperate with CITY to certify all Vehicles to be used
for emergency work. CONTRACTOR shall not use non -certified Vehicles
unless approved by Director.
City of Santa Clarita SECTION 11-46 page
&I::::::. C FI G IN `� [:::::.IN If :Olf � C l[:::::.Il� I[:::::.IN F OII::::: COIN TII:::� AC F
A. As I::::1rovkJe(,J by IV.....aw
Either Party may avail itself of any remedy available under law.
B. CII f'Y's A(,-RJffionail l:: erne(,'.fies
Without limiting CITY'S remedies otherwise available under this CONTRACT in law or
equity, at its option, CITY may enforce a Breach in any or all the following ways:
• Execute alternative CONTRACTs for MSW Management Services in the
event of CONTRACTOR Default
• Seek to obtain injunctive relief and/or damages
• With respect to a CONTRACTOR Default under Part 683 of Exhibit 5 (Failure to
Provide Insurance, Bonds), immediately withhold payments due CONTRACTOR
• Draw on Performance Assurance / Letter of Credit under Section 15
C. Injunctive lReiief
CONTRACTOR acknowledges that CITY'S remedy of damages for a Breach may
be inadequate for reasons including the following:
• The urgency of timely, continuous, and high -quality Task 1 Services,
including Collection, transportation, and/or transfer for Disposal of wastes
which constitute a threat to public health;
• The time and investment of personnel and elected officials to develop
alternative Solid Waste services comparable to Task 1 Services for the price
provided under this CONTRACT, and to negotiate new contracts therefore;
and
• CITY'S reliance on CONTRACTOR'S technical Solid Waste management
expertise.
Consequently, CITY is entitled to all available equitable remedies, including
injunctive relief.
I::::). 1:::Z ecovei y of II::::;)amages
1. COrnlpeinsatOry
CITY may seek compensatory damages, including, but not limited to the
following:
• Amounts equal to any Contract Fees, customer service penalties, or
other amounts that CONTRACTOR has previously paid to CITY but
are subsequently recovered from CITY by a trustee in bankruptcy
as preferential payments or otherwise;
City of Santa Clarita SECTION 12-47 page
• If CITY terminates this CONTRACT for a CONTRACTOR Default
or in the event of Criminal Activity in accordance with Part 6D2 of
Exhibit 5, costs incurred by CITY to provide or reprocure MSW
Management Services in lieu of Task 1 Services;
• If CITY terminates this CONTRACT before expiration for a
CONTRACTOR Default or in the event of Criminal Activity in
accordance with Part 6D2 of Exhibit 5, costs of MSW Management
Services provided or reprocured in lieu of Task 1 services more than
Customer Service Fees for the balance of the Term remaining if
this CONTRACT had not been terminated; and
• In the event of CONTRACTOR DEFAULT under Part 683 of
Exhibit 5 (Failure to Provide Insurance, Bond), in CITY'S sole
discretion, obtain damages resulting from that DEFAULT.
CITY may draw upon the performance bond, letter of credit, certificate of
deposit, or other form of performance assurance provided by
CONTRACTOR in accordance with Section 15 to pay compensatory
damages.
For CONTRACTOR'S misrepresentation regarding contingent fees in
Attachment 5-9H, in addition to terminating this CONTRACT, CITY may
recover from CONTRACTOR the full amount of the proscribed commission,
percentage, brokerage, or contingent fee.
2. �usdomeu..... plrviice Penallt
...................................................::..........:�..::................ ......... ...................................................... .
CITY may seek customer service penalties listed in Exhibit 12-
D2.
The Parties have set these customer service penalties in recognition of
the following circumstances existing at the time of the formation of this
CONTRACT:
a m Consistent and reliable Task 1 Services are of the utmost importance
to CITY and Customers and Occupants.
b, CITY has considered and relied on CONTRACTOR'S
representations as to its quality of service commitment in entering
into this CONTRACT, and CONTRACTOR'S Breach represents a
loss of bargain to CITY. CONTRACTOR is experienced in
providing services like Task 1 Services.
City of Santa Clarita SECTION 12-48 page
C Quantified standards of performance are necessary and appropriate
to ensure quality, consistent, and reliable Collection, and if
CONTRACTOR fails to meet its Performance Obligations, CITY will
suffer damages (including its Customers and Occupants'
inconvenience; anxiety, frustration, potential political pressure,
criticism, and complaint by Customers and Occupants; lost
Supervisors and staff time; deprivation of the benefits of this
CONTRACT and loss of bargain) in subjective ways and in varying
degrees of intensity that are incapable of measurement in precise
monetary terms, and that it is and will be impracticable and extremely
difficult to ascertain and determine the value thereof. It would be
difficult for CITY to prove its loss resulting from
CONTRACTOR'S Breaches and nonperformance or untimely,
negligent, or inadequate performance.
d, The CONTRACT contains a reasonable statement of Task 1
Services in order that the Parties will realize their expectations.
CITY expects that CONTRACTOR shall perform Task 1 Services
with due care in a workmanlike, competent, timely, and cost-efficient
manner. CONTRACTOR expects to realize a profit by performing
Task 1 Services in accordance with the terms and conditions of the
CONTRACT.
In addition, in the event of Breach or CONTRACTOR Default,
urgency of protecting public health and safety may necessitate that
CITY enter into emergency or short-term arrangements for services
without competitive procurement at prices substantially greaterthan
under this CONTRACT, and the monetary loss resulting therefrom is
impossible to precisely quantify. Time is of the essence.
f The CONTRACTOR accepts CITY'S assessment of customer
service penalties for certain Breaches as part of the
consideration CONTRACTOR offers to CITY for the award of this
CONTRACT to CONTRACTOR.
Lastly, termination of this CONTRACT for CONTRACTOR Default
and other remedies provided in this CONTRACT are, at best, a
means of future correction and not remedies that make CITY whole
for past Breaches and CONTRACTOR Defaults.
City of Santa Clarita SECTION 12-49 page
Therefore, the Parties agree that the customer s e r v i c e
penalties listed in Exhibit 12-D2 represent a reasonable estimate and
fair approximation of the amount of damages CITY would incur as a
consequence of CONTRACTOR'S Breach corresponding to each item of
specified customer service penalty, considering all the circumstances
existing on the date of this CONTRACT, including the relationship of the
sums to the range of harm to CITY that reasonably could be anticipated and
anticipation that proof of actual damages would be costly or inconvenient.
E. Clity's IRE:iiriibLJii°seiriieilwit Costs
CONTRACTOR shall pay CITY promptly upon request, CITY'S Reimbursement
Costs of conducting a nonroutine investigation of any alleged Breach, when
appropriate in judgment of Director. CONTRACTOR shall reimburse CITY for
CITY'S Reimbursement Costs incurred because of CONTRACTOR'S Breach,
including failure to maintain insurance.
Waiver
No waiver by City of any Breach of any provision of this CONTRACT constitutes a
waiver of any other Breach of that provision. Failure of CITY to enforce at any time,
or from time to time, any provision of this CONTRACT will not be construed as a
waiver thereof. The rights and remedies set forth in this item F are exclusive and
are in addition to any other rights and remedies provided by law or under this
CONTRACT.
City of Santa Clarita SECTION 12-50 page
A, Il::.p irotoc II
CONTRACTOR shall develop and implement the Unpermitted Waste Screening
Protocol in compliance with Applicable Law and including the following provisions:
• Ongoing employee training in identification, safety and notification
procedures, including leaving Non -Collection notices, when safe;
• Means of driver inspection, such as visual inspection during tipping of Carts
into Vehicles;
• Immediate driver response, such as load segregation;
• Driver notification, such as calling CONTRACTOR'S dispatcher or
field supervisor;
• Notification of appropriate local agency or department;
• Appropriate action, such as segregation and containerization for manifesting
and transport for disposal in accordance with Applicable Law or securing
services of permitted handling and transport company;
• Compliance with Applicable Law, including regulations of the United States
Department of Transportation (DOT) (Title 49 CFR) and of the United States
Environmental Protection Agency (Title 40 CFR); and
• Labels on Containers, described in item D of this Section.
13. I::)irohilbitlioin onC0IIIIEICtliO111
CONTRACTOR shall not Collect any Unpermitted Waste that it finds in Refuse,
Recyclables, or Green Waste unless it is licensed under Applicable Law. If
CONTRACTOR finds Unpermitted Waste it shall notify all Persons in compliance with
Applicable Law.
If CONTRACTOR sees anything that it reasonably believes or suspects may be
Unpermitted Waste on any public property in CITY, CONTRACTOR shall immediately
notify Director and all Persons in compliance with Applicable Law. Public property
includes storm drains, streets, and other public rights of way.
t , I....abEIIIS
CONTRACTOR shall conspicuously I a b e I Containers w i t h embossing o r other
secure means prohibiting Customers from discarding Unpermitted Waste.
CONTRACTOR shall submit the label and text for Director Approval prior to placing
any purchase order for Containers. Item 09 of Exhibit 3A1 contains additional
Container requirements.
City of Santa Clarita SECTION 13-51 page
A. I[::::::xecution In Counterparts
This CONTRACT, including d a t e d s i g n a t u r e s on amended E x h i bits
a n d attachments to those Exhibits, may be signed in any number of original
counterparts. All counterparts constitute the same CONTRACT.
B. Authority to Il:::::::xecute
CITY warrants that the individual signing this CONTRACT has been duly
authorized by CITY to sign this CONTRACT on behalf of CITY and has the full
right, power, and authority to bind CITY to this CONTRACT. CONTRACTOR
warrants that the individual signing this CONTRACT below has been duly
authorized by CONTRACTOR to sign this CONTRACT on behalf of
CONTRACTOR and has the full right, power, and authority to bind CONTRACTOR
to this CONTRACT.
City of Santa Clarita SECTION 14-52 page
A. Iw:::Ierforr.rmnce Il::.3onds, Other Securities
CONTRACTOR shall secure and maintain throughout the Term and until
CONTRACTOR has complied with all is obligations that survive the Expiration
Date a faithful performance bond, approved by CITY. The performance bond must
be in a form satisfactory to CITY or, at CITY'S sole and absolute discretion, any
alternative security acceptable to Director, including cash, certified check payable
to CITY, certificate of deposit, or letter of credit (together, "Performance
Assurance"), in the amount not less than $50,000.
The Performance Assurance secures full and timely satisfaction of Performance
Obligations for Task 1 and services.
CONTRACTOR shall provide a Performance Assurance in the amount listed in the
table below for the period beginning on the Execution Date and ending on the last
day of the first Contract Year.
Service Area Amount of Performance Assurance
City of Santa Clarita $50,000
Beginning on the first day of the next Contract Year, and in all subsequent Contract
Years, that amount must be not less than the sum of:
15 percent of CONTRACTOR'S G ro s s Receipts from Task 1 Services
minus any Contract Fees for the prior Contract Year;
+ 110 percent of any Contract Fees paid by CONTRACTOR during the first
six months of the prior Contract Year;
+ 110 percent of any Customer Service Penalties assessed
CONTRACTOR by
CITY during the first six months of the prior Contract Year; and
+ Up to $50,000, at the discretion of Director;
SUM OF PERFORMANCE ASSURANCE ($50,000 MINIMUM)
A performance bond must be payable to CITY and executed by a corporate surety
licensed to transact business (admitted) as a surety in the State of California.
The corporate surety must have an A.M. Best Rating of not less than A: VII, unless
otherwise approved by Director. The form of performance bond may not allow the
bond surety to substitute another Person to perform Task 1 services but must
provide for payment of moneys to CITY to; (1) secure substitute Task 1 services; (2)
remedy damages incurred by CITY, including reasonable expenses, attorney's fees,
and customer service penalty and compensatory damages; ( 3) ensure satisfaction
of all Performance Obligations, including
City of Santa Clarita SECTION 15-53 page
payment of Contract Fees; and, (4) repay any money recovered from CITY in any
bankruptcy or similar proceedings relating to CONTRACTOR. The performance bond
must be conditioned on faithful performance by CONTRACTOR of all the terms and
conditions of this CONTRACT, including payment of Contract Fees and any
customer service penalty damages.
Each Performance Assurance must be renewed to provide for continuing liability
in the above amount notwithstanding any payment or recovery thereon. At least
30 days prior to the Execution Date and 30 days prior to any renewal of the
Performance Assurance, CONTRACTOR shall deliver the Performance
Assurance to Director.
Director may verify the accuracy and authenticity of the Performance Assurance
submitted.
Il:::::urtl"ier Assurances
In addition to all other rights and remedies it may have, within five days of City
request CONTRACTOR will provide reasonable assurances that it can timely and fully
meet its obligations under this CONTRACT in any or all of in the following events:
E
0
11
I1......alboir
CONTRACTOR is the subject of any labor unrest (including work stoppage
or slowdown, sick-out, picketing and other concerted job actions).
Tipping Dees
CONTRACTOR does not pay an Identified Solid Waste Facility for services.
�..
imp oyes Wages
CONTRACTOR does not pay wages to its employees provide workers'
1
compensation insurance required by law, or pays employment -related
taxes or fees.
CONTRACTOR does not pay CITY any amount that CITY has charged
CONTRACTOR.
(Meet Olbliigatiion
In the CITY's judgment, the occurrence of either of the following events
jeopardizes CONTRACTOR's ability to timely and fully meet its obligations
under this CONTRACT:
City of Santa Clarita SECTION 15-54 page
• CONTRACTOR does not regularly pay its bills when due,
or
• The entering o f a n y j u d g m e n t against CONTRACTOR or a n y
Guarantor with respect to Criminal Conduct by CONTRACTOR or
Guarantor.
"Assurance of Performance" means any or all of the following actions, as
CITY requests:
• reduction or elimination of insurance deductibles or self -insured retention,
• providing or increasing the size of a letter of credit, or
• providing an additional performance bond, certificate of deposit or other
instrument.
City of Santa Clarita SECTION 15-55 page
EXHIBITS AND ATTACHMENTS
TABLE OF CONTENTS
EXHIBIT 3A1 ® Task 1 Services.. .......... ...... .... ... 1
3
5
10
13
14
16
20
........ --21
........ --21
............ 22
...... — - 26
26
27
EXHIBIT 3A3.2.2-Additional Services .............................. ........... ......... ...............................-28
A. Mulch and Compost Giveaway Program (Item H? of Exhibit 3A1).......................... 28
B. Bulky Item and Excess Solid Waste Collection (Item H3 of Exhibit 3A1).................. 28
C. Annual Cleanup Events Services (Item H2 of Exhibit 3A1)........................................ 29
EXHIBIT 3D-Contractor Documentation......................................................................30
A. Notice to Director Required.......................................................................................... -- 30
B. Director Consent Required..............................................................................................30
EXHIBIT 5 - Additional Contract Language.......................................................................89
PART 4 -
Indemnification and Insurance...............................................................97
PART 6
— Debarment Breaches and Defaults; Suspension; Termination .........
106
PART 8 —
Transfer of Contract..........................................................................111
PART 9 —
General Provisions...........................................................................
114
PART 10
— Definitions and Interpretation of Contract..............................................120
PART 11
— Compliance with Laws and Regulations................................................123
PART 12
— Labor -Related Provisions Required.....................................................126
EXHIBIT 7 - Contract Services (Adjustment of Service Fees)...................................150
i1Il:::,111f Al 1f aslk 11 Serviices
Refuse, Recyclables, and Green Waste Container Services
to Occupants at Residential Premises.
A. (�eineirall
Contract Services include providing Goods, Services, and Property necessary to
meet Performance Obligations, including:
• Labor and supervision;
• Software and hardware, including records of Customer subscription and
complaints, billing, and routing
• Leases; subleases; installment purchase agreements, including with
respect to Vehicles and Carts,
• Equipment, including Vehicles, Carts or other Containers (such as for
special events);
• Supplies;
• Insurance, bonds or other performance security if the insurer, surety or
other provider is an Affiliate or a captive of CONTRACTOR or any Affiliate;
• Maintenance and office -administration facilities, and their contents,
• Legal, risk management, general, and administrative services.
L ». Solid Wase C".olllecllioin Re€: ,.Jirernein s
CONTRACTOR shall Collect Refuse, Recyclables, and Green Waste in the
Service Area from Containers, Bulky Items, and Excess Solid Waste, as provided
in this Exhibit.
Collect, Collection, or Collecting means Solid Waste pickup(s) made by
CONTRACTOR required by and in accordance with this CONTRACT, including
Abandoned Waste.
1. IDays Authorized to Collect
Residential Collection is only permitted Monday through Friday, except
following a Holiday.
For each Occupant CONTRACTOR shall Collect Recyclables and Green
Waste on the same day that CONTRACTOR Collects the Refuse.
Collection IL lours
CONTRACTOR shall Collect only between the hours of 6 a.m. and 6 p.m.,
City of Santa Clarita Exhibit 3A1: Page 1
I
M
If it becomes evident that CONTRACTOR may not be able to complete its
scheduled work within the required hours, CONTRACTOR shall
immediately notify Director and receive consent to Collect outside of regular
hours. Director may request a proposal for measures to be taken to
maintain the scheduled service without delay or interruption.
CONTRACTOR shall not Collect in School Zones 30 minutes prior to the
school's starting time and 30 minutes after ending time, or at any time that
children are present.
CONTRACTOR shall use Reasonable Business Efforts to adjust the early
morning start point of Collection routes to address and minimize Occupant
complaints.
Collection (Frequency
CONTRACTOR shall Collect Solid Waste on the scheduled Collection Day,
at least once per week from Occupants. The frequency of Collection may
be reduced at the discretion of Director. For example, the Collection
frequency of Refuse may be reduced if Food Waste is not allowed in the
Refuse Container or Recyclables Containers Collection frequency may be
reduced to every other week.
Customers may increase the frequency of their collection for an additional
charge for the Customer Service Fees provided on Attachment 7-2, Task
1 Service Fees of Exhibit7.
Collection Schedule
CONTRACTOR shall schedule Collection in the Service Area on the
Service Days as indicated on the Collection Schedule, or other schedule
approved by Director if it significantly improves efficiencies.
Any proposed changes in the Collection Schedule shall have the Service
Day be one to two Service Days before streets are swept as provided in
Director's schedule for street sweeping in the Service Area. Director may
amend this schedule at any time, and CONTRACTOR shall use
Reasonable Business Efforts to implement this amendment.
CONTRACTOR shall prepare a notice notifying the affected Customers and
Occupants of the change and send such notice to these Customers and
Occupants upon receiving approval from Director.
City of Santa Clarita Exhibit 3A1: Page 2
.. Holidays
CONTRACTOR shall observe the following Holidays:
• New Year's Day
• Memorial Day
• Fourth of July
• Labor Day
• Thanksgiving Day
• Christmas Day
Collection shall be delayed one day for the Holiday and the remainder of
the Holiday week. CONTRACTOR may Collect on Saturday of the same
week for Residential Customers and Occupants.
C. IC: li ve irs li o in
'1.. Divert IMaterials
a. Refuse Transport and Disposal..
CONTRACTOR shall transport all Refuse that it Collects to the Solid
Waste Facility that it designates in CONTRACTOR Documentation
in Exhibit 3D.
b, Recyclables Transport and Processing,
CONTRACTOR shall transport all Recyclables that it Collects from
Recyclables Containers to the Processing facility that it designates
in CONTRACTOR Documentation in Exhibit 3D, such as a materials
recovery facility.
CONTRACTOR shall recycle and dismantle all E-waste that it collects
into materials that meet commercial standards for marketable
commodities such as metals, plastic, and glass in a facility that
operates within the United States. CONTRACTOR shall not ship any
other E-waste or E-waste components outside the United States.
CONTRACTOR shall demonstrate compliance with this subsection in
the form of an affidavit from the proposed E-waste recycler.
a. Green Waste Transpolt and Processing,
CONTRACTOR shall transport all Green Waste that it Collects from
Green Waste Containers to the Processing Facility that it designates
in CONTRACTOR Documentation in Exhibit 3D.
City of Santa Clarita Exhibit 3A1: Page 3
d. Manure Transport and rocesalag..
If a Service Area has Manure, CONTRACTOR must Collect and
transport it to the Processing Facility that it designates in
CONTRACTOR Documentation in Exhibit 3D.
. Reasonable Il3usiiness Efforts to Divert
CONTRACTOR shall use Reasonable Business Efforts to Divert the
following materials that it Collects:
a. Bulky hares
Bulky Items including large appliances/white goods in accordance with
item H3 of this Exhibit
. Excess Solid Refuse
Excess Solid Refuse Collected in accordance with item H3 of this
Exhibit
c. Manure
Manure observed in Refuse Containers by offering Manure -only
Containers
CONTRACTOR shall Dispose the items, listed in this subsection, collected
from Customers and Occupants pursuant to this CONTRACT in accordance
with the following hierarchy:
a Meese, as is
. Disassemble, far reuse or recycling
c. Recycle
dDisposal
CONTRACTOR shall not Dispose of the items, listed in this subsection, in a
landfill unless the items cannot reasonably be reused or recycled.
City of Santa Clarita Exhibit 3A1: Page 4
II::. Co in to li i[I El is°s
'L Standard Containers
CONTRACTOR shall provide to each Occupant the following:
a. One g..ga//o Refuse Cart,.
b. One d ... a//ear Rea.,yclables Cara.
o. One g ...ga//erg Greens Waste Cara.
d. C second 96 ...ga//oo Rea.,yclables Cart, upon Customer or
Occupant request, and
e. C second 96 ...ga//oo Green Waste Cart, upon Custoa ea.. oa.
Occupant request..
2.. IExtra or Laroer Capacity Containers
If Customer requests an extra Container or larger capacity Container for
Refuse, and/or request extra container for Recyclables or Green Waste
beyond the carts as described above, the Customer shall pay
CONTRACTOR the surcharge, as provided in Attachment 7-2, Task 1
Service Fees of Exhibit 7.
2.. Delivery, IRemoval, and IExchanoes
Within seven calendar days after receiving a Customers or Occupant's
request for commencement or changes in Collection of Solid Waste,
CONTRACTOR shall deliver Container of the Customer or Occupant's
requested capacity or replace existing Container with substitute Containers
of the Customer or Occupant's requested capacity. CONTRACTOR shall
charge a fee according to the following:
a. Starting or Stopping Service
CONTRACTOR shall not charge for delivery or removal of
Containers upon starting or terminating service.
b. One Annual Exchange of Container Sizes
CONTRACTOR shall exchange one or more Containers for one or
more Containers of a different size if requested by Customer or
Occupant once each Calendar Year at no extra charge.
For example, a Customer or Occupant may ask CONTRACTOR to
exchange its 96 gallon Refuse and Recyclable Containers for
64-gallon Containers at no charge.
City of Santa Clarita Exhibit 3A1: Page 5
Nltiltiple Exchanges of Container(s)
If a Customer asks CONTRACTOR to exchange Container(s) more
than once each Calendar Year as described in item b above,
CONTRACTOR may charge the Customer the amount provided in
Attachment 7-2, Task 1 Service Fees of Exhibit 7.
CONTRACTOR shall inform the Customer of the fee prior to the
exchange and give the Customer the option of waiting for the
exchange until the next calendar year to avoid the charge.
4l air and lRepllaceiment
a. IdentificationlReporting
CONTRACTOR shall repair or replace damaged Carts that it
observes damage when providing service and upon request from
Director, Customer, or Occupant.
b. Fee
CONTRACTOR will repair or replace Containers without cost except
in the circumstances below CONTRACTOR may charge the
Containers' actual cost of repair or replacement:
• Customers or Occupants do not report the theft of the
Container to the police.
• The Container is damaged due to Occupant negligence such
as damage when picked up for emptying because of excess
weight or melted due to hot ashes inside. Director's
determination of Occupant negligence is final.
Repair or Replacement
CONTRACTOR shall repair or replace damaged Containers within
two Service Days after CONTRACTOR observes the damaged
Container or as requested by Director, Customer or Occupant.
"Damage" includes missing or inoperable lids.
Racement (Sep Out Site)
CONTRACTOR shall arrange for the location of a Set -Out Site directly with
Customer or Occupant. If no arrangement is made, then the default location
is the curb of the street for the address of the Customer or Occupant or in
the alley behind the Customer or Occupant's property. If CONTRACTOR
Collects from any other location CONTRACTOR may be required to provide
roll -out service under item I of this Exhibit.
City of Santa Clarita Exhibit 3A1: Page 6
CONTRACTOR shall return empty Containers upright and to their Set -Out
Sites. CONTRACTOR shall not impede pedestrian or vehicular traffic. The
Set -Out Site should be located at the, except during heavy rains when
CONTRACTOR shall return Containers approximately two feet from the
curb to keep the gutter unobstructed and prevent the Containers from being
washed away.
6.. Inventory
CONTRACTOR shall maintain an adequate inventory of Containers and lids
of each type and capacity to provide to Customers and Occupants within
two Service Days of request. When determining adequacy, CONTRACTOR
shall consider the nature of Set -Out Sites. For example, Containers placed
on unlevel Set -Out Sites, such as in mountainous areas without curb and
gutter, may be damaged more frequently than those placed in level Set -Out
Sites. Therefore, CONTRACTOR must maintain a larger inventory of Carts
for those areas.
CONTRACTOR shall notify Director if inventory is inadequate, including an
explanation of why inventory dropped below the two -Service Day standard.
For example, CONTRACTOR might submit its timely order for Containers
but receive them later than manufacturer originally represented due to
manufacturer's backlog or other delay.
.7. Graffiti
CONTRACTOR shall remove any graffiti and other markings that deface or
detract from the aesthetic quality of the Containers within seven calendar
days of its Vehicle drivers' or route supervisors' observation and report, or
upon request of Director or any other person.. If the graffiti is comprised of
obscenities, removal shall be within two Service Days. Instead of removing
graffiti or markings, CONTRACTOR may replace defaced Containers with
clean Containers.
6. Alternative Container Sizes
If a Customer or Occupant requests alternate Container sizes,
CONTRACTOR shall provide the type of Containers described in
CONTRACTOR Documentation in Exhibit 3D. For the purposes of this
CONTRACT, Carts with a capacity between 95 and 100 gallons are
equivalent to 0.5 cubic yards. CONTRACTOR shall provide the number of
alternative Containers having the same aggregate capacity as
CONTRACTOR would have provided to that Occupant. For example:
• Three 32-gallon Carts instead of one 96-gallon Cart.
• One 64-gallon Cart and one 32-gallon Cart instead of one 96-gallon Cart..
City of Santa Clarita Exhibit 3A1: Page 7
9. Addiitiionall Specifications
CONTRACTOR shall provide to Occupant wheeled Containers compatible
with automated collection vehicles having the specifications described in
CONTRACTOR Documentation in Exhibit 3D.
a... Carts
(1) Collor
Cart bodies must be one color, approved by Director, with
color coded lids. Lid colors shall distinguish the type of
materials that go in each Cart such as black or brown for the
Refuse Cart, blue for the Recyclables Cart, and green for the
Green Waste Cart. If a Food Waste Cart is to be used,
Director shall approve the proposed color.
As an alternative with approval from Director, the Refuse Cart
body may be black, the Recyclables Cart body may be blue,
and the Green Waste Cart body may be green, or other
Director approved color.
(2) Capaclit:y
CONTRACTOR shall provide Carts of an approximate
capacity of 96, 64, and 32 gallons. If a Food Waste Cart is to
be used, Director shall approve the proposed size.
(3) I1.....albellling of Il::: ody
Containers shall clearly display CONTRACTOR's name in a
reflective, contrasting color or other name, as approved by
Director.
(4) 1......ab6lling of II......lids
Cart lids shall be labeled and shall clearly display
CONTRACTOR's phone number, website, and contents for
which the Container is designated, a warning that the disposal
of Unpermitted Waste in the Container is prohibited, and
acceptable/not acceptable contents.
(5) 1:::�Iecyclled Content:
Each plastic Cart shall be constructed of recyclable content at
a minimum of 25 percent post -consumer materials.
City of Santa Clarita Exhibit 3A1: Page 8
The following conditions apply when Manure Dumpster service is
provided.
(1) 1......lids
A lid shall prevent intrusion of rainwater, rodents, birds, and
flies; shall prevent the contents from being carried or deposited
by the elements onto the ground; and shall reduce the emission
of odors.
(2) 1......ab6lling of I1:::30dy
Dumpster bodies shall be labeled and shall clearly display
CONTRACTOR's phone number, website, and contents for
which the Container is designated, a warning that the disposal
of Unpermitted Waste in the Container is prohibited, and
acceptable/not acceptable contents. Examples of
recyclables is an important part of educating Customers and
Occupants.
1.. Customer or Occupant Declines a Portion of Collection Service
A Customer or Occupant may decline Refuse, Recycling, or Green Waste
Collection Services and therefore they may not need all three types of
Containers, or may not need all the alternative Containers as provided for
in Section D(1) of this Exhibit. Fees shall not be reduced for Customers
declining a portion of the basic Collection services.
11.. Container and/or Cart Uds Iurchase Option
In the event of Breach or termination, CITY may purchase some or all
Containers and/or Cart lids on the effective date of the contract termination
Notice at a price equal to the then book value of Containers and/or Cart lids
amortized straight-line over the initial seven-year Term of the CONTRACT.
This includes Containers and/or Cart lids stored in CONTRACTOR's
inventory for future use under the requirements of subsection 6 of this
Section. CONTRACTOR shall transfer or assign to CITY all rights
necessary to give CITY ownership, possession and use of Containers
and/or Cart lids, including under any Containers and lid acquisition
agreement.
12.. IManure Service
If required under Exhibit 3A3.2, CONTRACTOR shall offer Manure
Collection service from Manure -only Containers for the Customer Service
Fees provided on the Attachment 7-2, Task 1 Service Fees of Exhibit 7.
City of Santa Clarita Exhibit 3A1: Page 9
13 l:: ecyclalbles Cart with Gravity Iv L....ock
Upon Customer request, CONTRACTOR shall sell Customer, with no
financial gain to CONTRACTOR, Recyclables Carts with gravity locks to
prevent scavenging, to Customer at the price listed on Attachment 7-2,
Task 1 Service Fees of Exhibit 7. After selling Carts and transferring
ownership to Customer, CONTRACTOR is no longer responsible for repair
or replacement of the Carts. CONTRACTOR shall disclose to Customer
and receive written acknowledgement from Customer, CONTRACTOR is
no longer responsible for the sold Carts. If CONTRACTOR cannot give
Director evidence of Customer's acknowledgment, CONTRACTOR shall
continue to be responsible for repair or replacement of the Carts.
If CONTRACTOR is unable to Collect from Cart due to failure of the lock,
CONTRACT shall require Customer to repair it, offer to repair it for a
reasonable charge, or replace Cart with standard non -locking Cart at no
charge.
CONTRACTOR is not obligated to deliver Recyclables Carts with gravity
locks within seven days of request under subsection 3, but CONTRACTOR
must deliver those Carts within 21 days of request.
J`,. Vehicles
General)
CONTRACTOR shall provide Vehicles of appropriate number, sizes,
capacities, and functions required for the efficient Collection of different
types of Solid Waste, such as Refuse, Recycling, Green Waste, Bulky
Items, and Abandoned Waste. CONTRACTOR shall also provide non -
compacting Vehicles for the collection of E-waste, white goods, and any
other materials that contains chlorofluorocarbons. Vehicles shall be so
constructed such that Solid Waste or liquids will not blow, fall, sift, or leak
out of the truck into the street. CONTRACTOR shall equip Vehicles with a
shovel, broom, and petroleum absorbent agents. CONTRACTOR shall
comply with any additional requirements with respect to the Vehicles as set
forth in Exhibit 3A3.2.
City of Santa Clarita Exhibit 3A1: Page 10
I
0
a
CONTRACTOR shall Collect Refuse, Recycling, and Green Waste in
automated Collection Vehicles, except CONTRACTOR may Collect the
following materials in non -automated Collection Vehicles for:
a. Bulky Items including E-waste
. Holida.V l re e s
C. Solid Waste discarded at Set,Out Sites that are Difficult to Service
Fuell/IPoweir
Within the first six months after Execution, all Vehicles used for automated
Collection must use Liquid Natural Gas or Compressed Natural Gas fuel, or
other alternatives to diesel fuel, as approved by Director unless
CONTRACTOR Documentation provides otherwise with respect to
Collection at Premises that are difficult to serve as permitted in item 0 of
this Exhibit.
(Extra Vehicles
CONTRACTOR shall maintain enough back-up Vehicles to replace similar
types of Vehicles in the event of breakdowns, complaints, and emergencies.
Director may specify a minimum number of backup Vehicles.
CONTRACTOR shall maintain Vehicles reasonably clean, and in good
mechanical condition, and well painted, all to the satisfaction of Director.
CONTRACTOR shall maintain records of inspections and maintenance of
all mechanical equipment that CONTRACTOR uses to provide Contract
Services, including Vehicles. CONTRACTOR will use Vehicles that are
safe to operate, in accordance with the requirements promulgated by
CITY Department of Public Health, California Highway Patrol, South Coast
Air Quality Management District, manufacturer, and all other applicable
Federal, State, City, and local laws and regulations. CONTRACTOR shall
allow Director to view all inspection and maintenance Records and shall
provide Director with those records upon request.
CONTRACTOR is not required to provide new Vehicles on the
Commencement Date or to retire Vehicles of any specified age. However,
CONTRACTOR shall not operate Vehicles that repeatedly breakdown or
leak. CONTRACTOR shall replace a Vehicle that Director determines to be
of unsatisfactory operating condition, such as one that is frequently breaking
down and delaying services, leaking fluids, making noise or exhibiting other
significant issues identified by Director.
City of Santa Clarita Exhibit 3A1: Page 11
3.. Vehicle Ust
CONTRACTOR shall use only those Vehicles that have been submitted to
and approved by Director. CONTRACTOR shall submit a complete list of
Vehicles, including back-up vehicles, using acceptable format as approved
by Directorand update it as Vehicles change.
T.. Vehicle IBiilllllboards
CONTRACTOR shall equip automated Collection Vehicles with frames on
both sides capable of securing signs measuring approximately 30 inches by
90 inches or other dimension approved by Director. CONTRACTOR shall
design, print, and install signs on each frame promoting Recycling, Diversion
and safe handling of Unpermitted Waste or other topics as requested by
Director, with text, graphics, and design approved by Director, up to six times
throughout the CONTRACT term. CONTRACTOR shall ensure that the
appropriate Director -approved signs are affixed to the Vehicle always. Director
reserves the right to interchange any of the six signs up to four times per
Contract Year. CONTRACTOR shall not use the billboards for commercial
advertising.
3.. Company INaime
CONTRACTOR'S name or other name, as approved by Director, and logo
shall appear on all Vehicles.
9., Vehicle IMioniitoriino
In all Vehicles used for Task 1 Services CONTRACTOR shall install devices
to monitor Vehicles' operations, including Global Positioning Systems (GPS)
that record Vehicle's route and at a minimum, a camera on the Vehicle's
dashboard, unless Director consents otherwise.
CONTRACTOR'S failure to provide reports requested by Director within
time specified by Director may be considered an admission of fault for the
purposes of assessing Customer Service Penalties. For example, if
CONTRACTOR does not give Director a requested report, within a period
specified by Director, to verify that a Vehicle Collected all Containers on an
identified block, Director may assume that CONTRACTOR did not Collect
those Containers and assess Customer Service Penalties.
a. Video Equi rnenf.
CONTRACTOR'S automated Collection Vehicles shall be equipped
with functioning, forward facing, or angled slightly to the right, video
recording equipment to validate service complaints such as missed
collections and other items that may be of interest to Director.
City of Santa Clarita Exhibit 3A1: Page 12
Video equipment must be recording once a Vehicle leaves the yard
during days of operation. Video must be geotagged for location,
time/date stamped, and at a resolution adequate to clearly identify
the location being serviced and typically not less than 1280 x 720 at
30 frames per second with a viewing angle approximately 1290
diagonal, 1030 horizontal, 770 vertical. CONTRACTOR shall retain
all videos in an electronic format fora minimum of 14 calendar days,
or other duration as requested by Director. CONTRACTOR shall
provide copies of videos and/or screen captures of a specific day,
time, or for a specific location, within 48 hours of receiving Director
request.
Via. Global Positioning System (GPS)
GPS data will be maintained by CONTRACTOR either directly or
through a third -party service. The GPS shall be able to track a
Vehicle's route with lines or dots superimposed on a map.
The GPS shall gather the following data: date, time, speed, direction,
location (address) and shall be able to generate Reports.
CONTRACTOR shall retain all data for a minimum of 14 calendar days
or other duration approved by Director. CONTRACTOR shall provide
copies of reports within two business days of receiving Director
request. Request may be for a specific time or a geographic location
(between 10:00 a.m. and 11.00 a.m., or 1200 block of Main St.).
The minimum locate schedule (ping frequency of occurrence that
GPS data is received from the Vehicle) shall be at least every
one minute for fully automated Collection and at least every ten
seconds for other Collection Vehicles, when within the Service Area.
10. Speciiall Vehicles
See Exhibit 3A3.2 for possible special Vehicle requirements in this Service
Area. This is likely only for areas with significant mountainous terrain.
F Sc lllid Waste ..11 ss r.arisj,.)ortaf on, II:::: ir.oce
I � .. i in g , IC:::) i ve r.s i o n , a in d IC:::) i s Il:) osa II
CONTRACTOR -Designated Solid Waste Facility. CONTRACTOR shall
transport Solid Waste only to the Solid Waste Facility or Facilities that
CONTRACTOR has designated in CONTRACTOR Documentation in Exhibit 3D
for Processing, Diversion, or Disposal. CONTRACTOR may designate a Solid
Waste Facility or Facilities that utilizes Conversion Technology or provides
feedstock to Conversion Technology facilities. Prior to any change in designated
facilities, CONTRACTOR must provide Notification to Director for consent of
change. Director will review information such as fees, distance, recycling rates,
ability to Recycle Recyclables. Director may conditionally approve taking Solid
City of Santa Clarita Exhibit 3A1:: Page 13
Waste to a facility that charges more by not allowing the increased cost to be passed
down to the Customer.
Director reserves the right to direct Solid Waste to a specific site or facility upon
CONTRACT with CONTRACTOR. CITY will compensate CONTRACTOR for any
direct costs, if any, such as increased tipping fees and transportation costs which
CONTRACTOR incurs following delivery of materials to a CITY -designated Solid Waste
Facility instead of to a CONTRACTOR -selected Solid Waste Facility.
Some Service Areas may require CONTRACTOR to use specific sites or facilities
without additional compensation, as designated in Exhibit 3A3.2 if applicable to this
CONTRACT.
G„ 1:1ecycllalblles
Recyclables means Solid Waste that may potentially be Diverted from disposal
(excluding Green Waste and Manure).
'I Scavenging Discouragement
CONTRACTOR shall use Reasonable Business Efforts to enforce the
"Collection by Unauthorized Persons" law, pursuant to Public Resources
Code Section 41950, et seq., and CITY Code Chapter 15.44.723 ("anti -
scavenging laws"), including the following:
Marking recycle Containers with language that the materials are to only be
picked up by CONTRACTOR as the "authorized agent" and that
CONTRACTOR is picking up the material for recycling purposes.
Orally advising any person, other than CONTRACTOR, observed removing
recyclable materials which have been segregated from Solid Waste materials
and placed at a designated collection location for the purposes of collection
and recycling that such conduct is a misdemeanor, per CITY Ordinance, and
carries civil penalties.
Instituting civil actions against a Person alleged to have violated California
Public Resources Code Section 41950 for treble damages, as measured by
the value of the material removed, or a civil penalty of not more than $2,000
whichever is greater, for each unauthorized removal, in accordance with
California Public Resources Code Section 41953(a);
Instituting civil actions against a Person alleged to have violated California
Public Resources Code Section 41950 for a second, or subsequent time in
a 12-month period, for treble damages, as measured by the value of the
material removed, or a civil penalty of not more than $5,000, whichever is
greater, for each unauthorized removal, in accordance with California Public
Resources Code Section 41953(b); and
City of Santa Clarita Exhibit 3A1: Page 14
Taking actions under CITY Code Section 15.44.723 to discourage
Scavenging.
2. Pirohiilbiitiion on IMiixiino I: ecyclalbles. Green Waste, and Refuse
Unless CONTRACTOR is obligated under this CONTRACT or approved by
Director to conduct a single -pass for certain Occupants per Section 4B
(such as on a private road) to process Refuse for recovery of Recyclables,
or unless as otherwise approved by Director, CONTRACTOR shall not:
a. Adix the coaloalo Collected from Recyclables, Green Waste,
and Refuse Containers,, or
bDispose of Recyclables or Greens Waste Collected, except for..-
(1) Incidental amounts of Recyclables or Green Waste that an
Occupant commingles with discarded Refuse;
(2) Green Waste used as alternate daily cover that is considered
Diversion; or
(3) Contaminated Recyclables or Green Waste that cannot be
Diverted using Reasonable Business Efforts if CONTRACTOR
has previously exercised Reasonable Business Efforts to provide
Occupant education with respect to reducing that contamination.
3. I: esiiduals
a. Nlinin7ize uaalll:h of 1C"oollaalo
CONTRACTOR shall not produce a significant quantity of Solid
Waste residuals remaining after processing Recyclables as
determined by Director, including considering operating and
recovery efficiencies and maximum levels of residuals that
CalReycle may establish to qualifythe processing as Diversion.
b, Nlaxin7ize Diversion of Residuals
CONTRACTOR shall use Reasonable Business Efforts to Divert
residual Solid Waste remaining after processing Recyclables.
4. Diversion of I: ecyclalbles
CONTRACTOR shall Divert all Recyclables whether Diversion is a net cost
or profit.
5. Recyclable IMaterials
• Aluminum and metal cans;
• Newspaper;
City of Santa Clarita Exhibit 3A1: Page 15
• Glass jars and bottles;
• Tin cans;
• Plastic soda bottles;
• Plastic milk and waterjugs;
• Plastic bags (e.g., bread, frozen food, grocery bags);
• Type No. 1 plastic containers (PET -polyethylene terephthalate);
• Type No. 2 plastic containers (HOPE -high density polyethylene);
• Type No. 3 plastic (PVC -Vinyl or Polyvinyl Chloride);
• Type No.4 plastic (LOPE -Low Density Polyethylene) -,-
Type No.. 5 plastic (PP -Polypropylene);
• All types of paper (e.g., office paper, junk mail, magazines);
• Corrugated cardboard;
• White goods (such as those listed in the definition of Bulky Items);
• Paper coated with plastic or aluminum foil (milk and juice cartons);
• Mattresses, excluding those made mostly of foam.
6.. Chances to Recyclable Materials Ust
Director may add or delete materials from item 5 of the previous section to the
list upon Notice to CONTRACTOR. Within 14 days of receiving that Notice,
CONTRACTOR shall give Director a draft notice informing Customers of
changes in materials. Following CITY'S approval, CONTRACTOR shall
distribute those notices to Customers and Occupants in the manner that
Director requests in accordance with Item K4b of this Exhibit.
CONTRACTOR may request an adjustment to the Service Fee under item
81 of Exhibit 7, Change in Contract Services, including submission of
documentation supporting the adjustment, to the Director. Director and
CONTRACTOR must agree on the adjustment.
Examples of adjustments (or no adjustments) might be:
• No Adjustment
No incremental or net cost of Collection or Processing.
• Possible Adjustment
Incremental cost of acquiring new containers, establishing
additional Set -Out Sites, and adding an additional Collection
route, not offset by materials sales.
Additional cost to Process material.
Fl. Special Services
CONTRACTOR shall provide the services prescribed in this Section without
additional cost to Customers or charge to CITY except for subsection E of this
Exhibit, Additional On -Call Pickup with Additional Cost.
City of Santa Clarita Exhibit 3A1: Page 16
1. Holiday 'Tree Collection
For a minimum of three weeks following December 25, or another period
established by Director, CONTRACTOR shall Collect, transport, process,
and Divert all Holiday trees, such as Christmas trees and Hanukkah bushes
stripped of ornaments, garlands, tinsel, flocking, and stands, placed for
Collection at the Set -Out Site, on the Occupant's regularly scheduled
Collection day. All materials collected shall be recycled to the maximum
extentfeasible.
2. Ainin all Cuirbside Cleanuip (Event
Once each Calendar Year, CONTRACTOR shall Collect up to 20 Bulky
Items or bagged/bundled Excess Solid Waste, discarded at each Set -Out
Site by the Occupant, including Construction and Demolition debris which
is limited to two 70-pound bags, containers, or bundles. Any Construction
and Demolition debris or other items not Collected shall be tagged with a
Non -Collection Notice explaining the reason for it not being removed.
CONTRACTOR shall use Reasonable Business Efforts to ensure that this
event is held the same weekends as previous year and no changes shall
be made without Director's approval. The designated date is in item C of
Exhibit 3A3.2. CONTRACTOR shall schedule events in
succeeding Saturdays assigning one Service Day for each
Saturday, except on a Holiday weekend and the following weekend if
Collection service was delayed and Friday service is now on Saturday.
CONTRACTOR shall avoid Holiday weekends and other weekends with
celebrations or parades. Multiple Service Days may be combined into one
Saturday upon approval by Director.
CONTRACTOR shall provide Director with information regarding the event
such as route maps with starting and ending points, primary contact person,
and other information requested by Director one week prior to the day of
each event.
CONTRACTOR shall instruct Occupants to place their items at the Set -Out
Site prior to 6 a.m. of the day of their event. CONTRACTOR shall start the
event no earlier than 6 a.m. and end by 6 p.m. on the Saturdays during the
event, or as instructed by Director.
CONTRACTOR shall anticipate that some Occupants will place items at the
Set -Out Site after 6 a.m. and after CONTRACTOR has passed that
Occupant's home. Therefore, prior to the end of each day's event,
CONTRACTOR shall take a second pass over the entire Collection to identify
remaining discarded materials. CONTRACTOR may use any Vehicle, such
as automobiles or pickup trucks, and not necessarily Collection Vehicles. If
CONTRACTOR finds any discarded material, CONTRACTOR shall collect it
City of Santa Clarita Exhibit 3A1: Page 17
that same day. Any items in the public right-of-way after CONTRACTOR has
returned one time are considered Abandoned Waste.
CONTRACTOR may be required, upon oral or text message request of
Director to return to any event route and Collect discarded materials left out at
the Set -Out Site. This shall be accomplished on the same day of the request.
If Director makes such a request, it shall not be considered a violation of the
service hours.
3.. IBulllkv Item and (Excess Solid Waste Collection
In addition to the Annual Curbside Cleanup Event described in item H2 of
this Exhibit, CONTRACTOR shall Collect Bulky Items and excess waste
discarded at the Set -Out Site as specified in item B of Exhibit 3A3.2.
4.. Sipeclall Clleanup (Events Services
At Director's request, CONTRACTOR shall provide Containers such as roll -
offs, Bins, Carts, Dumpsters, Cardboard boxes in type, number, and
capacity (up to 40 cubic yards) for discards of Solid Waste at up to two
community cleanup projects or public events located throughout the Service
Area during any 12-month period. CONTRACTOR may be required to replace
filled Containers during the event if directed to do so by Director prior to
the event, and shall be responsible for removing any Refuse that is left
alongside of, rather than inside, the Containers. CONTRACTOR shall collect
Containers at the end of the event, the next day, or other date agreed to
between Director and CONTRACTOR. Event participants will be instructed
to gather bags into piles at the end of the event. CONTRACTOR shall provide
all the necessary staffing, labor, Vehicles, Containers, and other equipment,
and materials or supplies (such as plastic bags in portable containers).
M
City of Santa Clarita Exhibit 3A1: Page 18
3.. Sharps Collection
Within one week of a Customer or Occupant request, CONTRACTOR shall
provide the Occupant, without charge, with the following:
a. Four Sharps Containers per Year
A Sharps Container that has at least a one -gallon capacity (up to four
per Contract Year) for discard of Sharps in accordance with any
Federal, State, and local laws and regulations; and,
ta. Collect or Prs...Palrl Mailer
CONTRACTOR shall also collect Sharps Container or provide a prepaid
postage container for mailing back the approved Sharps Container in
accordance with any Federal, State, and local laws and regulations.
CONTRACTOR shall collect, transport, and Dispose of materials, without
charge, in accordance with any Federal, State, and local laws and regulations.
T.. IMulch and Compost Giveaway (Program
CONTRACTOR shall twice annually, publicize and offer Occupants Mulch
(i.e., shredded bark and wood chips) and Compost (no tire shreds) at no
additional charge to Customers, Occupants, or CITY. This shall occur once
in the early Spring and again in the early Fall, or at alternate dates as
requested or approved by Director. CONTRACTOR shall and use
Reasonable Business Efforts to offer Mulch and Compost that were produced
from Green Waste generated in the Service Area.
See Item A of Exhibit 3A3.2 for required minimum quantities of Mulch and
Compost. CONTRACTOR shall comply with the California Department of Food
and Agriculture's quarantine restrictions for the movement of the Green Waste.
(https-Hwww.cdfa.ca.gov/plant/pe/InteriorExclusion/quarantine.htm1)
a. Pickup Csssl.
CONTRACTOR shall select a location, preferably within the Service
Area (typically in the parking lot of a park or school) or other feasible
areas approved by Director, and shall be responsible for planning and
making all necessary arrangements. CONTRACTOR shall provide all
the necessary staffing, Vehicles, containers, and other equipment, and
materials or supplies (such as shovels and extra bags). CONTRACTOR
shall help participants who request help and shall post a bilingual sign at
the event offering assistance. Upon request of CONTRACTOR, Director
may provide some assistance in securing CITY facilities.
City of Santa Clarita Exhibit 3A1: Page 19
Delivery
In lieu of a pickup event, CONTRACTOR may deliver bagged Mulch
and Compost, with Director approval. CONTRACTOR shall provide
all the necessary staffing, Vehicles, and bags. Within one week after
Occupant request, CONTRACTOR shall deliver mulch and/or
Compost to that Occupant's address.
Roll ...(.,)LJt SEHVICES fM` Co iri, aliirears
CONTRACTOR shall provide manual Container roll -out for all or a portion of
Collection at the request of any Customer for the charge in Attachment 7-2, Task 1
Service Fees of Exhibit 7 and without additional charge for Elderly or Disabled
Occupants. Elderly or Disabled Occupants must certify to CONTRACTOR that
there is no able-bodied individual in the household who can move the Cart to the
Set -Out Site. The roll -out service may be any one of the three services described
below.
Subject to Director review and approval and further subject to CONTRACTOR'S
obligations under Part 9C of Exhibit 5, CONTRACTOR may require those
Customers and Occupants who subscribe to roll -out services to sign an agreement
containing an indemnification of CONTRACTOR and CITY, for any claim related
to, or arising from the roll -out service, other than the sole negligence of the
indemnified party.
Fullll Service (Up to 50 feet) Carts
This service is for a typical urban Single -Family Home, or similar, to move
the Carts from near the home, to the street, and back again. The roll -out
shall be on paved, relatively flat surfaces at a distance up to approximately
50 feet from the Set -Out Site to the Occupant's on -site storage location,
measured along the route the Container must travel. This service shall be
for the charge in Attachment 7-2, Task 1 Service Fees of Exhibit 7.
These services include the following:
a. Adove Carts
Moving Carts from their storage location to the Collection Vehicle and
returning them to their storage location. CONTRACTOR shall not
leave Carts in the street for more than one hour; and
Carry Bulky Items
Carrying Bulky Items or E-waste from outside, adjacent to a building
out to the curb that was called in for Collection by Customer or
Occupant. CONTRACTOR shall not be required to remove Bulky
Items or E-waste from inside a residence.
City of Santa Clarita Exhibit 3A1: Page 20
2.. Extended FuI1 Service Carts
This service is the same as the services in Item 1, Full Service in this
Section but with either of the extenuating circumstances below for the
charge to be negotiated with Customer. If CONTRACTOR and Customer
are unable to agree on a reasonable extra fee, Director shall determine the
appropriate amount.
a. f...ong Drivelrrraya..
Driveways longer than 50 feet of distance between the Set -Out Site
and the Occupant's on -site storage location.
b, Unpaved or Stems Drivelrrraya..
Conditions of the property such as the surface of the driveway is
unpaved or very steep, prevents one person from safely rolling the
Cart or two people from safely carry a Bulky Item.
J. 11 eHhod of Payrneirt for 1"ask 1 Services
CONTRACTOR shall bill Customers directly for Task 1 Services in accordance
with Section 7.
. ..Firainslitlio in Roll.4;:.Xit IPllair
CONTRACTOR shall implement the approved start-up transition roll -out plan for
an orderly transition of refuse services from one contractor to another.
City of Santa Clarita Exhibit 3A1: Page 21
CONTRACTOR shall cooperate and work with future contractor of Task 1 Services
to ensure a smooth transition. CONTRACTOR shall agree that if necessary for the
orderly transition of Collection services to:
• Allow future contractor to collect from Containers after the termination of
Contract; and
• Continue Occupant's services, container quantity and sizes, and discounts
from outgoing CONTRACTOR'S Customer service list, including not providing
Containers to addresses not utilizing outgoing CONTRACTOR'S services.
Director shall have the final say to require transition services agreement between
outgoing CONTRACTOR and future contractor.
I...... Public I[:::.::.Auc.atlon arud Outireacllµ
CONTRACTOR shall develop, disseminate, and conduct comprehensive public
education and outreach regarding services to maximize Diversion of Recyclables,
Green Waste, Bulky items, Sharps, and E-Waste. CONTRACTOR shall submit to
Director for approval, written materials CONTRACTOR intends to distribute to
Customers at least eight Business Days before printing, texting, e-mailing, or mailing
the materials, as required in item F of Section 4. The public education and outreach
components shall include but not be limited to the following.
'I. Customer Ferms and Conditions
Before commencing Task 1 Services and annually thereafter by July 1,
CONTRACTOR shall provide Director approved Terms and Conditions to
Customers and Occupants.
CONTRACTOR shall distribute to Customers and Occupants a copy of the
Terms and Conditions upon request.
Director may change the form and content of Terms and Conditions from
time to time after Notice to CONTRACTOR. CONTRACTOR may change
the form of Terms and Conditions only with Director's prior written consent
in accordance with item L1.
Service IBrochure(s)
Before commencing Task 1 Services and to each new Customer and
Occupant, and annually throughout the CONTRACT term, CONTRACTOR
shall provide a service brochure to Customers and Occupants, which must
include at a minimum, all the following items:
City of Santa Clarita Exhibit 3A1: Page 22
• The scope of Task 1 Services, including general information on size
and number of Carts, where to get specific information about their
Containers, and a general description of the Set -Out Site;
• Holiday schedules in accordance with item 85 of Exhibit 3A1;
• Delivery, pick up, exchange, and replacement of Carts;
• Any weight limitations of Carts;
• CONTRACTOR'S Office Hours, toll -free customer service telephone
number, e-mail address, and website;
• Description of Green Waste and items (such as palm fronds) that do
not comprise Green Waste, including items approved by Director;
• Description of the Recyclables; and
• Any other information requested by Director.
3. Community IMeetings/Events
CONTRACTOR shall attend up to 2 community meetings/events
per Contract Year upon Director's request. Examples include local
fairs or civic events with individuals, Customers and Occupants,
community organizations, city councils, town councils and any other
groups named by Director. CONTRACTOR shall take any or all the
following actions at the meetings/events, approved by Director::
(1) Operate Il:::�ecycllliing Information l::3oolhs
CONTRACTOR shall operate recycling information booths and
distribute colorful flyers, promotional items, have a minimum of
100 CONTRACTOR -provided reusable bags available,
pamphlets, and other items that encourage participants to
recycle, reduce, reuse, and/or Divert Solid Waste.
(2) Other Activities/Actions
CONTRACTOR shall conduct other similar activities and take
other similar actions requested by Director.
City of Santa Clarita Exhibit 3A1 e Page 23
4. Written Notices and Outreach Materials
Upon Start of I'ask 1 Services and Anntially
CONTRACTOR shall develop written educational materials and deliver
them to Customers and Occupants. Historically this information was
distributed using quarterly newsletters. To reach more people and
reduce paper waste, it is desired to use new methodology to take
advantage of technology, such as smartphones. Customers and
Occupants are to be given a choice of how they want to receive the
information, through traditional quarterly newsletters or via "monthly"
text or e-mail messages. Such educational materials include:
A minimum of four times and up to eight times per Contract Year,
CONTRACTOR shall develop a article with color graphics
containing information that encourages recycling and to
educate Customers and Occupants of Task 1 Services
available under this CONTRACT. Director may provide sample
articles. Topics include the following examples:
• Placement of carts including during heavy rains
• Holiday Tree collection instructions
• Organics and/or Green Waste
• Bulky Items
• Illegal dumping
• Annual Curbside Cleanup Event Promotion
• Cleaning Containers
• Commingling of Solid Wastes
• 4 R's, reduce reuse recycle rethink
• Carts left in street
• Unpermitted Waste disposal
• New solid waste laws
• Articles specific to Service Area such as palm fronds,
or manure
• Other articles upon the request of Director
() Slpecliall Ainnouncemeints
CONTRACTOR shall develop and deliver, as set forth in
item L4b(4) of this Exhibit, outreach notices to Customers and
Occupants on various events, upon receiving approval from
Director, including and not limited to:
• Household Hazardous Waste Collection Events
• Annual Curbside Cleanup Event schedule
• Compos/Mulch Giveaway Event
• Smart Gardening Workshops
City of Santa Clarita Exhibit 3A1: Page 24
• Holiday Collection schedule
• Billing reminders, upon Customer request*
• Service interruptions*
• Non -collection notices*
• Sharps pickup
• Other notices upon the request of Director
These are limited to text or e-mail messages and
are not applicable to newsletters.
CONTRACTOR shall give between two and three weeks of
events, or other time, as requested by Director, notice of each
announcement to Customers and Occupants, except as
related to billing reminders, service interruptions, and non -
collection notices. Upon Director's request, CONTRACTOR
shall use artwork, layout, or notices, provided by Director.
() 1:::::)listrlibufion
The articles and announcements will be disseminated in the
following ways, as requested by Customers and Occupants:
(a) Newsletters
CONTRACTOR shall develop one -page (additional
page(s) for Spanish, if required by Director) newsletters
in color containing information upon receiving approval
from CITY, CONTRACTOR shall deliver these
newsletters to Customers and Occupants four times
each Contract Year. Newsletters shall be available in
electronic format such as PDF. CONTRACTOR shall
make newsletters for 8.5-inch by 11-inch or 8.5-inch by
14-inch sized paper, whichever is appropriate, as
requested by Director. Once per year, Director may
request a second English page be added to newsletter.
(b) E-mail/Text Messages.
CONTRACTOR shall send brief electronic messages
containing links to full articles, upcoming events, and/or
newsletters for Customers and Occupants who request
them. For example, in late December send a text
worded, "Have a holiday tree to get rid of? Click here.",
with a link to an article about holiday trees. When there
is an HHW Collection Event nearby, send a text
worded, "Leftover household chemicals, paint, or used
oil to get rid of? Click here." Messages shall be sent
approximately monthly plus special announcements as
necessary.
City of Santa Clarita Exhibit 3A1: Page 25
() Delivery of Written Materials to Custornars and Occurparnts
CONTRACTOR shall deliver general materials (such as
notices and newsletters) Customers and Occupants by any
or all the following means approved by Director:
• U.S. Postal Service,
• Door-to-door delivery service;
• Insert in monthly Customer bills*-,
• Electronic mail (E-mail)*,
• Text messages*,
• Other means approved by Director
* These methods individually are not adequate.
CONTRACTOR shall include Director in their mailing list and
ensure that general materials are sent to Director the same
time they are sent out to the Customers and Occupants.
CONTRACTOR shall submit proof of mailing within 7 days of
mailing.
(5') Sociall 11 ie6a
CONTRACTOR shall reach out to Customers and Occupants
and make information available regarding Task 1 Services by
current social media and the following means approved by"
Director, such as: Facebook, Twitter, Instagram.
.. AddltlonallOutr°each
CONTRACTOR shall visit in -person, call, send an e-mail or text, or other
means to inform a Customer or Occupant of services or issues, as
requested by Director. For example, CONTRACTOR shall speak to an
Occupant that contaminates a Container or frequently leaves a Bulky Item
at the Set -Out Site without calling to request Collection.
6.. IBl]lnquall Correspondence
CONTRACTOR shall develop all written materials in both English and
Spanish, if required by Director.
M. C11()N f1PAf' f'(YR Co rrnirrniitrrrients IMade In II:::;Irojl.)osall
CONTRACTOR shall fully and timely satisfy any additional Performance
Obligations set forth in item B18 of Exhibit 3D from its proposal to Director for
procurement of this CONTRACT.
114. Ar cfitionall I:::::Ierforrnance d; Uligations SjI.) ecl fic to this Service Area
City of Santa Clarita Exhibit 3A1 e Page 26
CONTRACTOR shall fully and timely satisfy any Performance Obligations specific
to this Service Area that are listed in Exhibit 3A3.2.
(. Organics
This CONTRACT includes the Collection of Food Waste as part of the Refuse. However,
it is anticipated that prior to the termination of this CONTRACT, CITY will have a desire
to Divert Organics. At that time, CITY may choose to do any of the following:
Negotiate with CONTRACTOR for a mutually agreed fee to submit and
implement a plan for approval and provide for the Collection, transportation,
and Diversion of Organics, or
Keep CONTRACT with CONTRACTOR but solicit bids and authorize a new
contract for the Collection, transportation, and Diversion of Food Waste.
City of Santa Clarita Exhibit 3A1 e Page 27
F:XH111[::1111f 3A3.2..2 Addiitiiolnall
Servlices
City of Santa Clarita
If this Exhibit is inconsistent or conflicts with other provisions of this CONTRACT, this
Exhibit governs as provided under Part 10 B7.
A. W. llclh aind Cornposl Giveaway Il)irc)girarn (Illern 1I.7 of Il ::xlhiibiil 3A1)
CONTRACTOR shall offer at least 40 cubic yards of Mulch and 40 cubic yards of
Compost at each event, or any volume requested by Director not to exceed
80 cubic yards of Mulch and 80 cubic yards of Compost per event.
Bu,.fllky Illern ailed Il::,xcess fz lllid Waste Colllecif,;)in (Illern II 2 of II ::xlhiibiil 3A1)
CONTRACTOR shall Collect Bulky Items and excess waste discarded at the
Set -Out Site on next regularly scheduled collection day upon at least 24-hours'
notice by the Customer or Occupant or other date agreed to between that
Customer or Occupant. CONTRACTOR shall not Collect without notice, but rather
shall perform the following:
• Tag items with a Non -Collection Notice describing notice requirements, and
• Contact Occupant, as provided in item C9 of Section 4.
CONTRACTOR shall Collect up to three times per Contract Year all the services
prescribed below. For example, Occupant may place two mattresses and five
bags of excess green waste out for collection and it will count as one of the three
times.
1. 13ullkv Ilterns
In addition to the Annual Curbside Cleanup Event described in item N2 of
this Exhibit 3A1, CONTRACTOR shall Collect from each dwelling unit
receiving service, a maximum of ten items per pickup.
2. II::::::xcess Refuse
• '' •' - •.• • 0 •.• •- • •
3. II::::::.xcess Green Waste
CONTRACTOR shall Collect Green Waste in bags or bound bundles less
than four feet in length, up to ten bags/bundles per pickup.
Move-in/Move-Out. CONTRACTOR shall offer an additional Bulky Item
Collection to Collect a maximum of 20 items of Bulky Items or bagged excess
Refuse within 14 days of an account being opened or closed within the Service
Area.
City of Santa Clarita Exhibit 3A3.2.2: Page 28
Additional On -Call P i c k u p with Additional cost. In addition to Collection
described in item H3 of Exhibit 3A1, at the request of a Customer (not Occupant)
more than three times annually for residential, upon 24-hours' notice, at charges
for additional calls listed on the Attachment 7-3, and charge for items listed in
CONTRACTOR Documentation in Exhibit 3D.
C. Annual CIEMarwjp EeEHIt EHVI�E° (IItEflm 1...112 off. ExI'iibit Al)
CONTRACTOR shall conduct the Annual Cleanup Event each March, unless
otherwise instructed Director or requested by CONTRACTOR and approved by
Director.
City of Santa Clarita Exhibit 3A3.2.2: Page 29
��l:..: T3�1 Contractor[)oc0R0entaflon
All d0CuDleOtad0O listed b8|Ovv is to be attached to CONTRACT as Exhibit3[). Use of
Director provided templates is required where applicable.
1
Include all permits required by CITY O[COUNTY Code (such as8waste
collector permit from LOS AOQ8|8S County Oeoa[bm8Ot OfPublic Health) O[
other Applicable Law.
2 Inventory ofServ�lce Assets
Include all dOCuOl8OtS that 8OCuOlb8[ or limit CONTRACTOR'S interest in
Service /\SS8tS, which includes identifying S8h8| OuOlb8[S OO Carts pnDDl[d|y
upon acquisition.
3. Container Srjecifications
Include Container capacity ODdOOS, container color, manufacturer's orders and
invoices, label content and placement (item D of Exhibit 3A1).
|Odud8 Vehicle identification Oun0b8[, n0Od8|, n08k8, year, purchase order
(if applicable) and fuel type.
5 Subcontractors
|Odud8 Subcontractors' names, the 8n0OuOt of Goods or Services |8SS than
$50,000that each Subcontractor provides tOCONTRACTOR, and 8description
Of CONTRACTOR'S relationships to each SubDOOt[8CtO[, including OvvO8[Ship
iOt8[8StS; but excluding [)i[8CtOF8pp[Ov8d Subcontractors (Part 9N1 of Exhibit 5).
6'Office Address
�B. 1`1111"ECt011" CMOSEOt�RE�qUi[EKi
1. l:::::'orm of Non Collection Notice (Section 4C)
Include any Green Waste exclusions.
2
City of Santa Clarita Exhibit 3D: Page 30
Include form of any waiver of liability (Section 481) and form of any
indemnification (Part 4 of Exhibit 5)
3. Ferms and Conditions Summary(iiteirn II.....1 of Exhibit 3A1)
4. Unpermiitted Waste Screening IProtocoll (Section 13)
5.. Acknowledgment
Receipt of fact sheets relating to form of Nonemployee Injury Report (Part 486
of Exhibit 5) and Safely Surrendered Baby Law (Part 1282 of Exhibit 5).
6.. Insurance and (Performance Assurance (Part4 of Exhibit 5 and Section 15)
/. lnternall Revenue Service INo-ke '10,15 (Part 1281 of IExhibit 5)
8.. COIN FRAC FOR's IEIEO Certiifiicatiion (Part 1203 of IExhibit 5)
9.. intentionally Omitted
10.. Sllharios Collection (Iltelrn IN'6 of Exhibit 3A1
11.. IMulch and Compost Giveaway (program (iiteirn IH7 of Exhibit 3A1)
12.. Alternatives to IFully Automated Collection 96.Oallllon Carts
(iiteirn 098of Exhibit 3A1)
13.. 11:Diirector Approved Subcontractors
Include Subcontractors' names, the amount of Goods or Services more than
$50,000 that each Subcontractor provides to CONTRACTOR, and a
description of CONTRACTOR'S relationships to each Subcontractor,
including ownership interests (Part 9M of Exhibit 5).
14.. Backup Service (Phan (Section 11C)
15.. IKey Personnel) (Section 4J)
With contact information (name, address, office and mobile phone numbers,
e-mail address)
era ALL CON I...CSC.I..OR MANAGERS (see definition of
"CON IRA C.I...CR Manager" in .SI.I.achr000l 5 ... °I5,5)
br AUI...HORI ED REPRESEN I...A11VE OF CON IRA C.�. R,
C. SERVICES SAFE .I...0 CI:::I:::ICI,SL (Part °I5C°I of Exhibit. b)
City of Santa Clarita Exhibit 3D: Page 31
1 & Route IMaps
Route maps are to indicate all starting and ending points.
17. Faciiliitiies and Solid Waste IFaciiliitiies
Designated by CONTRACTOR (item F of Exhibit 3A1), including the following
information:
• Name, location, owner, and operator, with telephone contact;
• Types of materials accepted and rejected;
• If applicable, methodology used by each Processing facility for
allocating materials, including Disposed residue, to the Service Area,
with sample reports; and
• Reasons for changing the facility designation;
CONTRACTOR may designate a new facility that has higher fees than the
prior facility, but it may not pass increased costs to its Customers or the
CITY by increasing the Service Fee. The Service Fee will not be adjusted to
compensate CONTRACTOR if costs at the new facility are greater than those
at the prior facility. Item E of Exhibit 7 is not applicable.
13. Additional CON FRAC FOR Commitments
Those made in its proposal for procurement of this CONTRACT (item M of
Exhibit 3A1).
'i0. rransiitiion Roll .Out IFlan (item IK of Exhibit 3A1)
20. Difficult to Service Occupants (Item 0 of Exhibit 3A1)
CONTRACTOR must explain to Director:
• Why CONTRACTOR proposes changes Service Specifications for
an address on Director's difficult -to -service list under Item 0 of
Exhibit 3A1, and
• What changes CONTRACTOR will make for alternative Collection,
such as different Collection Vehicle or manual collection.
21. Movement of Green Waste
CONTRACTOR shall comply with all Applicable Laws regarding transportation
of Green Waste, including the California Department of Food and Agriculture's
(CDFA's) regulations that quarantine certain types of Green Waste and restrict
its movement. See the following website for more information:
(htt s://www.cd a.ca. ov/ lant/ e/Interior xclusion/quarantine.ht D.
CONTRACTOR shall give Director a copy of either of the following:
• Application to CDFA for the agreement
• The completed CDFA a reement,
,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
City of Santa Clarita Exhibit 3D: Page 32
Exhibit 3D-Contractor Documentation
Item A.1 - INTENTIONALLY OMITTED
City of Santa Clarita Exhibit 3D: Page 33
Item A.2- INVENTORY OF SERVICE ASSETS
This item consists of 2 pages (including this page).
City of Santa Clarita Exhibit 3D: Page 34
Item A.2 Inventory of Service Assets
The vehicles listed below are assigned to perform Task 1 services in the
Burrtec Waste Industries, Inc. service area.
Collection Vehicles List for the City of Santa
Clarita
Vehicle
number
1381
Fuel
CNG
Model
WXR64
Description
Automated
Year
2008
Make
Autocar
Material
Trash
1384
CNG
WXR64
Automated
2008
Autocar
Trash
1388
CNG
WXR64
Automated
2008
Autocar
Trash
1389
CNG
WXR64
Automated
2008
Autocar
Green Waste
1390
CNG
WXR64
Automated
2008
Autocar
Recycling & Green Waste
1392
CNG
WXR64
Automated
2008
Autocar
Recycling
1393
CNG
WXR64
Automated
2008
Autocar
Green Waste
1394
CNG
WXR64
Automated
2008
Autocar
Recycle
1383
CNG
WXR64
Automated
2008
Autocar
S2 are
City of Santa Clarita Exhibit 3D: Page 35
Exhibit 3D-Contractor Documentation
This item consists of 2 pages (including this page).
City of Santa Clarita Exhibit 3D: Page 36
Burrtec Waste Industries, Inc. has sufficient carts on hand, no additional carts are
necessary at time of execution of contract.
Burrtec proposes using the following cart colors-
Black- trash
Blue — recycling
Green- green waste
City of Santa Clarita Exhibit 3D: Page 37
Exhibit 3D-Contractor Documentation
City of Santa Clarita Exhibit 3De Page 38
8/14//17
Exhibit 3D-Contractor Documentation
City of Santa Clarita Exhibit 3D: Page 39
Burrtec Waste Industries, Inc.
26000 Springbrook Ave, Ste 101
Santa Clarita, CA 91350
••
MR WIT-12
'-iours: Monday- • 8-00 a.m. to 5-00 • and • following an observed
• from 8-00a.m. to 2-00 •
I! I I I I I! I III I I I F I IN 1 .1
City of Santa Clarita Exhibit 3D: Page 40
Exhibit 3D-Contractor Documentation
This item consists of 2 pages (including this page).
City of Santa Clarita Exhibit 3D: Page 41
City of Santa Clarita Exhibit 3D: Page 42
Exhibit 3D - Contractor Documentation
Item B.2 —WAIVER OF LIABILITY
This item consists of 2 pages (including this page).
City of Santa Clarita Exhibit 3D: Page 43
■r&• :fdq
f.,._ ■I►
tin
GENERAL RELEASE AND WAIVER OF LIABILITY
FOR DAMAGE TO PRIVATE DRIVEWAYS STREETS. PARKING LOTS. AND PAVEMENT
1. PERMISSION TO ENTER. Customer allows Burrtec Waste Industries, Inc. to enter and/or utilize the premises of the
undersigned Customer for the purposes of providing the Solid Waste Collection services described on the attached
Subscription Order. Burrtec agrees to provide Solid Waste Collection services by use of the following:
❑ Standard Collection Vehicle ❑ Special Collection Vehicle
❑ Other
WAIVER OF LIABILITY. Burrtec shall not be liable to Customer for damages to Customer's driveways, or other
pavement, except all damage and liability resulting from Burrtec's negligence and willful acts or omissions.
Burrtec is obligated and liable to Customer under its Franchise Contract with the City of Santa Clarita, including Part C of
Exhibit 5, and item B of Section 4 of said Contract, to repair or replace, to the satisfaction of the Customer, any physical
damage to public or private property, and to reimburse to the satisfaction of the Customer, the cost of any personal injury
caused by Burrtec's negligence or willful acts or omissions. Burrtec and Customer shall indemnify and hold City harmless
from liabilities related to entering Customers' Premises.
BINDING. This acknowledgement, hold harmless, and release/assumption of risk shall be binding on all of
Customer's successors and administrators for the term of the Contract with the City.
3-1�•I► [I47IL I fOUL AT1 d 1•L]
In signing this permission and release/assumption of risk/waiver, I hereby acknowledge and represent:
• That I have read this release, understood it and signed it voluntarily; and
• That I am the legal Customer or authorized agent paying for services at the premises at the address provided below.
Customer or Authorized Agent's Printed Name
Customer or Authorized Agent's Signature
Service Location Street Address
Service Location City & ZIP
Burrtec's Authorized Agent Printed Name
Burrtec's Authorized Agent's Signature
Date
Name of Business (N/A for residential)
Property Owner's Street Address (if different)
Property Owner's City, State & ZIP (if different)
CONTRACTOR INFORMATION
Burrtec Waste Industries, Inc.
CONTRACTOR's Name
Date
City of Santa Clarita Exhibit 3D: Page 44
Exhibit 3D-Contractor Documentation
Item B.3 —TERMS AND CONDITIONS SUMMARY
This item consists of 4 pages (including this page).
City of Santa Clarita Exhibit 3D: Page 45
To Our Valued Santa Clarita Valley Customer:
The City of Santa Clarita has approved a contract with Burrtec Waste Industries, Inc. (Burrtec) to provide trash collection services in the
City of Santa Clarita. The term of this agreement is five years from the annexation date of your area. This term commenced on
and will end on
Customers will be charged the rates shown below on a quarterly basis. Burrtec bills for services three months in advance. To request
additional services or if you have any questions or concerns, please do not hesitate to call Burrtec's Customer Service Department at
(661) 222-2249, Monday through Friday, from 8:00 a.m. to 5:00 p.m. and Saturday's following a holiday from 8:00 a.m. to 12:00 p.m.
Basic Service Fee
Basic Service Fee with Senior Discount 0):
$69.87/quarter ($23.29/month)
$52.40/quarter ($17.47/month)
(1) A Senior Discount of 25% will be given to residents who meet the following criteria: head of household, 62 or older, and who either
(a) qualify for utility rate discounts based on financial need or (b) generate small amounts of waste and use a 32-gallon cart for trash.
Military Discount:
A Military Discount of 5% will be given to qualifying residents whose spouse is an active member in the military and would otherwise
reside in the home as the primary residence.
Additional Services and Surcharges: These services are available upon request.
Locking Recyclables Cart
Additional Containers Beyond Basic Service, each:
Refuse cart (Beyond 1 cart)
Recyclables cart (Beyond 2 carts)
Green Waste cart (Beyond 2 carts)
Additional (more than three/year) on -call collection of
bulky items, excess trash, and excess green waste
Container Size Exchange Beyond 1 per year
$78.59 (one-time charge)
$30.00/quarter ($22.50/quarter with senior discount)
$18.00/quarter ($13.50/quarter with senior discount)
$24.00/quarter ($18.00/quarter with senior discount)
$17.04/collection ($12.78/collection with senior discount)
$25.00/exchange ($18.75/exchange with senior discount)
Difficult to Service: For any customer who requests this service or for difficult -to -service residential premises (such as hills or cul-de-
sacs where collection vehicles cannot safely drive): $34.94/quarter ($26.20/quarter with senior discount)
Roll-out/backyard service: This service means Burrtec brings containers to the curb to be serviced by collection vehicle and return them
to the back yard or other designated location for an additional fee of:
For Qualifying Customers:
Full Service (Up to 50 Feet):
Manure Collection:
65-gallon cart
2-cubic yard dumpster
Roll-out/scout service
Free
$17.74/quarter ($13.10/quarter with senior discount)
$150.30/quarter
$200.40/month
Negotiated
TERMS AND CONDITIONS
What We Will Collect. We will collect refuse, green waste, and recyclables in carts we provide, within one week of your requesting services. You
must place refuse, recyclable materials, and organics in the appropriate carts. Materials placed outside of carts will not be picked up unless
previous arrangements have been made.
When Carts are Allowed at Set -Out Site. Carts must only be placed at the set -out site for collection within the hours 5:00 p.m. on the day before
scheduled collection and 8:00 p.m. on the day of collection or 2 hours after collection, whichever is later.
We Will Not Collect Hazardous Waste. State law prohibits disposal of hazardous materials and electronic devices in your trash. These include
most chemicals, paints, pesticides, motor oil, solvents, and electronic devices with a battery or plug. Common electronics banned from disposal
include: batteries, computers, mobile phones, televisions, smoke detectors, calculators, and fluorescent lights. If these items are identified in your
trash, your cart will be tagged and not serviced. Most electronic devices may be separately collected under this contract's bulky item program.
For additional safe and legal disposal options, contact (888) CLEAN LA or CleanLA.com
When We Will Collect. We will make collections once a week between the hours of 6:00 a.m. and 6:00 p.m. on the same day of the week (Monday
through Friday) each week. If your scheduled collection day falls on or after a holiday, collection will be delayed during the holiday week by one
day (Friday customers will have their collection on Saturday). The holidays we observe are Memorial Day, Independence Day, Labor Day,
Thanksgiving, Christmas, and New Year's Day. Should there be a permanent change in your scheduled collection day, we will notify you in advance.
If we miss your collection, please call us and we will return to pick it up, without charge, on the same day if you call before 12:00 p.m. or on the
next collection day if you call after 12:00 p.m.
How Much We Will Charge. We will charge all our customers the rates shown on the Rate Sheet for standard services and any additional requested
services.
Where We Will Pick Up. On your scheduled collection day, except if you have roll -out service, you must place your carts at the agreed set -out site
with carts facing the street and18 inches apart from each other. Handles and wheels must be facing the curb. If we agreed to collect on private
driveways or pavement, we will ask you to sign a waiver of damage liability and/or indemnification.
How to Request Replacement for Stolen Carts. We will replace stolen carts within 7 days of customer's request. Carts will be replaced without
additional charge provided the customer submits a police report. Otherwise, customer will be charged a fee.
How to Receive Roll -Out Service. We can bring your carts out to the pickup point, at no additional charge, for residential customers who certify
they are not able-bodied or are elderly (over the age of 62) and have no able-bodied person residing in their household. Roll -out service will be
provided to these customers during their weekly collection of trash, recyclable materials, and organics, as well as during the annual curbside clean-
up event, holiday tree pick-ups, and additional on -call pickups. These services are also available to any other customer upon request at the charge
listed on the Rate Sheet. we will ask you to sign a waiver of damage liability and/or indemnification prior to providing this service. Please note
that we will not enter your home.
How to Change to Different Sized Carts. If you have space restrictions at your container storage or set -out site, you may request alternatives to
96-gallon carts, in the same aggregate capacity, free of charge once per year.
Difficult to Service. At a charge listed on the Rate Sheet, this fee is assessed to difficult to service areas, such as cul-de-sacs or hills, where standard
automated collection vehicles cannot safely drive.
Weight Limitations of Carts. The weight limit for each automated cart is as follows: 96-gallon cart = 330 lbs., 64-gallon cart = 220 lbs., 32-gallon
cart = 120 lbs. If carts are found to be over these weight limits, they will be tagged and not serviced. You will be responsible for damage to an
overloaded cart.
Annual Curbside Clean -Up Event. We will conduct a Clean -Up Event on Saturdays in March each year wherein we will collect 20 bulky items,
excess solid waste, up to 2 passenger car or pickup truck tires, and certain electronic devices free of charge. We will collect construction and
demolition debris only if they are in up to two bags, containers, or bundles each weighing 70 pounds or less. Notification containing details of the
Annual Clean -Up Event will be sent to customers at least two weeks in advance.
Holiday Tree Pickups. We will collect your holiday trees (such as Christmas trees and Hanukkah bushes) placed at the curb on your regularly
scheduled collection day during the period of three weeks following December 25". You must strip them of ornaments, garlands, tinsel, and
stands. Flocked trees are not allowed.
On -Call Pickups of Bulky Items. We will collect bulky items set out at the curb on your next regularly scheduled pickup day if you call us at least
24 hours in advance. Bulky items will be picked up at no additional charge up to 3 times per year with a maximum of 10 bulky items, 5 bags of
excess trash, and 10 bags/bundles of excess green waste per pickup. Examples of bulky items include discarded furniture (such as chairs, sofas,
mattresses, box springs, and rugs); appliances (such as refrigerators, range, washers, dryers, water heaters, dishwashers, plumbing, and other
similar items) and construction and demolition debris in up to two 70-pound containers.
Additional On -Call Pickups of Bulky Items. We will collect bulky items, more than three times per year, on your next regularly scheduled pickup
day, at the charges listed on your Rate Sheet, if you call us at least 24 hours in advance. Note that you may have an extra move in/out bulky item
collection at the start or end of your service at no charge.
Additional Customer Options Regarding Recyclables. Customers may donate or sell any or all of their recyclables to persons other tha n this waste
hauler.
When You Must Pay. Residents are billed for services three months in advance. We send you your bill on or after the first day of your billing
period, for example, on April 1 for the billing period of April, May, and June. Your bill is due no later than the last day of the first month, for
example, on April 30. If we do not receive payment by the last day of the second month, for example, on May 31, your bill will become delinquent
and an additional 10%fee will be added to the balance. We may terminate your service if you do not timely pay your service fees. There will be a
charge of $25.00 for interruption of service and a $25.00 fee on returned checks.
Customer Termination Rights and Right To Self -Haul. You may cancel your service at anytime by giving us 21-day notice. You also have the right
to self -haul your waste instead of subscribing to our service.
Paperless Option. Do your part to reduce waste and enroll in the Smart-eClub to pay your bill online, receive text or email messages, and place
service requests. You can also enroll in Burrtec's paperless billing option at www.burrtec.com (online bill pay link).
To receive additional information regarding these terms and conditions or your service, please call us toll -free at (661) 222-2249 between 8:00
a.m. and 5:00 p.m. weekdays (except holidays) and 8:00 a.m. to 12:00 p.m. on Saturday's following a holiday. You may come to our office located
at 26000 Springbrook Ave, Ste 101, Saugus, CA or you may mail correspondence to our office address. If we do not satisfactorily resolve any
complaint, you may call the City at () ).
Thank you for allowing Burrtec Waste Industries, Inc. to serve
City of Santa Clarita Exhibit 3D: Page 48
Exhibit 3D-Contractor Documentation
Item B.4- UN -PERMITTED WASTE SCREENING AND REPORTING
This item consists of 4 pages (including this page).
City of Santa Clarita Exhibit 3D: Page 49
Burrtec Waste Industries, Inc. shall develop and implement the Un-Permitted Waste
Screening Protocol included in the Contract documentation incompliance with
Applicable Law and including at a minimum:
As a part of Burrtec's ongoing training program, all drivers and route personnel
attend monthly and quarterly tailgate safety meetings. During these meetings we
also conduct training sessions to educate employees on our safety policies,
notification procedures, and household hazardous waste. Drivers are trained in
both identification procedures and notification procedures when Un-Permitted
waste is discovered. Drivers discovering Un-Permitted waste are instructed to
complete a Non -Collection notice, place one copy on the container (whenever
safe) and file the second copy at the office.
•; - ! -- ••
Un-Permitted materials such as U-Waste or Household Hazardous Waste or any
suspicious unidentified materials shall be left at the service address and a Non -
collection tag shall be affixed to the container.
Should any material appear to be dangerous in nature or a threat to the health and
safety of the community or Burrtec personnel, the area route supervisor shall
immediately notify the City fire department and the appropriate local agency for
immediate resolution.
3. Driver Notification
All Burrtec drivers are trained and prepared to deal with any Un-Permitted waste
issue. Burrtec personnel have been instructed to complete the non -collection tag
and affix it to the offending container. The notification tag shall explain the violation
and the proper means of disposal. All drivers are trained and prepared to
segregate materials upon identification.
Each Un-Permitted disposal incident shall be reported to the dispatch center and
the area route supervisor. The service address shall be monitored, if necessary,
for additional disposal violations. Burrtec customer service shall log each incident
and supply a copy to the City of Santa Clarita.
Should any material appear to be dangerous in nature or a threat to the health and
safety of the community or Burrtec personnel, the area route supervisor will
immediately notify the City fire department and the appropriate local agency for
immediate resolution.
City of Santa Clarita Exhibit 3D: Page 50
4. Notification of Appropriate Agency or Department
Burrtec shall maintain a complaint and incident log for the City of Santa Clarita.
Customer Service shall monitor and record all Un-Permitted waste
violations/incidents identified by Burrtec personnel. All records shall be copied and
supplied to the City of Santa Clarita per the requirements of the continuation
agreement. Burrtec shall report its observations to the Director in addition to
notifying the offender. Habitual violators shall be reported to the City inspector and
service may be suspended pending final resolution.
Should any material appear to be dangerous in nature or a threat to the health and
safety of the community or Burrtec personnel, the area route supervisor will
immediately notify the City fire department and the appropriate local agency for
immediate resolution.
5. Appropriate Actions
Burrtec is committed to proper manifestation and management of Un-Permitted
waste materials. In the event suspicious material is identified the area route
supervisor will be immediately notified and proper containment materials will be
applied. All collected materials will be properly containerized, removed, and
transported by a license contractor in accordance with Applicable Law.
6. Compliance with Applicable Law
Burrtec will comply with all Local, State and Federal laws as outlined in on
compliance standards defined in the Department of Transportation (DOT) (Title 49
CFR) and the United States Environmental Protection Agency Title 40 CFR, as
well as with California EPA and DTSC regulations.
7. Form and Content of Labels
Each automated cart contains language and illustrations prohibiting customers
from discarding Un-Permitted Waste in English and Spanish. The final content of
this information has been approved by the County of Los Angeles and was paid
for and distributed by Burrtec.
B. Prohibition on Collection
Unless licensed in accordance with Applicable Law, Burrtec is prohibited from
collecting Un-Permitted waste, other than in connection with providing
collection of bulky items, CEDS, or E-waste as outlined in the City of Santa
Clarita Continuation Agreement. Burrtec will notify all persons required by
Applicable Law of Unpermitted Wastes that it finds or observes in Solid Waste.
City of Santa Clarita Exhibit 3D: Page 51
C. Reports to Director
Burrtec shall use Reasonable Business Efforts to report to the Director and the appropriate
agency as required by Applicable Law any observance of suspicious materials it reasonably
believes or suspects to contain Un-Permitted Waste being disposed of or released onto any
City or any other public property, including storm drains, streets, or other public rights of way.
D. Safe Disposal Customer Education Program
As part of the Burrtec Un-Permitted Waste Screening Protocol, Burrtec shall develop
and implement a customer education program to maximize exclusion of Un-Permitted
Waste from disposal and promote safe handling of Un-Permitted Waste as stipulated
in Part II Section 6. Burrtec shall distribute this education program in conjunction with
its customer outreach for the Waste Diversion Program. Burrtec shall submit the
materials to City at least one month prior to distributing them for the approval of
format and content. Materials shall be developed and circulated once each calendar
year in accordance with the terms and conditions outlined in Part II Section 6 of the
Agreement.
Burrtec shall notify the subscribers regarding the safe handling of Un-Permitted Waste
through our community outreach efforts. Unsafe disposal of Un-Permitted Waste will
be strongly discouraged. Any items deemed to be hazardous waste, U-Waste, or E-
Waste will not be collected in the regular cart collection program. Should such material
be presented at the curb, a Non -Collection Notice will be affixed to the cart.
City of Santa Clarita Exhibit 3D: Page 52
Exhibit 3D-Contractor Documentation
City of Santa Clarita Exhibit 3D: Page 53
Exhibit 3D-Contractor Documentation
Item B.6 — INSURANCE AND PERFORMANCE ASSURANCE
This item consists of 9 pages (including this page).
City of Santa Clarita Exhibit 3D: Page 54
Ctlentlyr 437902 BURWASTE
ACORD,,,, CERTIFICATE OFLIABILITY INSURANCE
THIS GERrIFICATE 18,, ISSUED AS A MATTER OFINFORMATIJON ONLY AND CONIFERS NO RIGHTS 'UPON rI+E CERTIFICKrE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRKATIVELY OR KFQATINEIV AFAFIVIT, EXTENT) OR ALTER THE COVE RAGE AFFORDED BY TRIE MICIE'S
aOLOW.'IAM CVk'rIFI(A rf OkNSWAANCE DOE$ NbT CONVINV10 A tON'TRACI OV'rIN93EN TiAt 14WV. POUKAS), AU'rH*kMD
REPRESENTATIVEOR P"RODUCER, AND T14E CERTIFICArE HOLDER.
IMPORTANT: If the cartifirmle holdeir iman ADINrIONAL INSURED, tha palicy1rem) musl fraya ADDiTIONAL INSURED prumisions ar be amdarme.d.
If SUBROGATIK)NIS WAIVED, kwbjeut to ffi* Ormw* amd uulidffiairmw of the polk-9, ueflmih polidwt "i*y #vqute mr'i ehftft"Mimt A RAmewelt on
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WAIVER OF SUBROGATI01Y
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BODILY INJURY AND, PROPERTY DMOPCiE
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AGGRE.C,A"r'E LIMIT $ OF MISORANOE - PER COCA"I'lOW AMENDMENT AND
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Countemiginatum Un states where applicabUO
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Exhibit 3D-Contractor Documentation
Item B.7 — CONTRACTOR'S EEO CERTIFICATION
This item consists of 2 pages (including this page).
City of Santa Clarita Exhibit 3D: Page 63
B.7 — Contractor's Certification (Form PW-7)
FORM PW-7
PROPOSER'S EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
Proposer's Name: Burrtec Waste Industries, Inc.
Address: 9890 Cherry Avenue, Fontana, CA 92335
Internal Revenue Service Employer Identification Number: 95-3396612
In accordance with Los Angeles County Code, Section 4.32.010, the Proposer certifies and agrees
that all persons employed by it, its affiliates, subsidiaries, or holding companies are and will be treated
equally by the firm without regard to or because of race, religion, ancestry, national origin, or sex and
in compliance with all anti -discrimination laws of the United States of America and the State of
California.
1.
The proposer has a written policy statement prohibiting any discrimination
Z YES
in all phases of employment.
❑ NO
2.
The proposer periodically conducts a self-analysis or utilization analysis of
Z YES
its work force.
❑ NO
3.
The proposer has a system for determining if its employment practices are
Z YES
discriminatory against protected groups.
❑ NO
4.
Where problem areas are identified in employment practices, the proposer
Z YES
has a system for taking reasonable corrective action to include
❑ NO
establishment of goals and timetables.
Proposer Burrtec Waste Industries, Inc.
Authorized representative: Cole Burr, President
Signature:
Date: November 25, 2019
City of Santa Clarita Exhibit 3D: Page 64
Exhibit 3D-Contractor Documentation
Item B.8 — SHARPS COLLECTION
This item consists of 3 pages (including this page).
City of Santa Clarita Exhibit 3D: Page 65
Item B.8 — SHARPS COLLECTION
Sharps Collection Program
Within one week after residential customers' request, Burrtec Waste Industries, Inc. will
provide said customer, at the customers' residential premises, without surcharge to the
City or customer, an approved container for Sharps disposal in accordance with Applicable
Laws.
Burrtec will provide 1-gallon Sharps containers pre -approved by the City of Santa Clarita.
Upon request by the customer, Burrtec personnel will deliver an empty Sharps container
kit.
Each kit includes: A government -approved plastic container specially -designed for
Sharps waste and an information flyer.
Burrtec has identified Medical Waste Services as the Sharps container vendor. Burrtec
will also utilize Stericycle as the Sharps container and autoclave vendor in those instances
where customers request the postage pre -paid mail -back options.
Once the container is full, the customer may:
Request a pick-up of the container to be done in conjunction with the delivery of a
new Sharps container
Request a postage pre -paid mail -back shipping box to be provided when Sharps
container is delivered. Upon receipt, Stericycle documents the receipt and properly
treats and destroys the Sharps container and its contents.
Drop off the full container at any designated drop-off facility
Burrtec will provide, upon request, 1-gallon containers to each customer up to four times
per year.
Burrtec will provide the following:
a. Distribution of City approved Sharps containers (to include informational flyer)
b. Collections of Sharps containers via drop-off location or postage pre -paid mail -back
box
c. Proper handling and disposal of containers in accordance with Applicable Laws.
City of Santa Clarita Exhibit 3D: Page 66
A ANN 11
U"IN
Sharps,Collection Program for
SaIntaCtairita Valley
Pursuanttea St a te [aw, �nh�cl-r pr6hil..�Qs dispos a I of homingenerated Sh a rpso.,vaste IIn Tr as I -rand necycfirrgco nta�1ners,
Bumec Kofferbig Wwrtcumorners as safe and easy way to cfisposc-,, of zbc-,,ir &liarpsviaste. CLIstome i's may
up to Our KgMhn SWwps cantainers per yew, for stobig and pro at no ad ditJonal cost.
sl',iiam ps %maste'" nneans lirpodermic.meedles, Wavenous needle,jancets, and other devicas that
are used to pen et rate the skin fort he delivery of niedicatioins derived firon-i a housi---hcAd.
As rjSeptern be r 1,2008, State law, proah6fts res�di�-nts hmnidispoar sing a sIharps wasti-! iro tlit:! T.ra&li-
Participmng residents can pick up a ShaMs container at the Burrtec. Of Vocaited at 5UitC IV) 1,
Santa OmAk CA 91.350OFeiresIdcrrts may have a, cointa In er debt ered itim A 4con tainers per custo non rperyeqr.
1. Depost syringes, imed is and A nces Wo mad commerWAh Me &hafp,n.,,rid firsL Do riot fifl. tne coritairref to top.
2. Aher container is 314 W, snap the c a pfn-rn�y to close arid p I ace th a cmMaWer W a ph she A& Sea I securehy.
. Requc,st a pick,,up ofthic, contairerto be done in conjunction with Oe deliveryala new ShaTs cmahor
Requcmt a postage pmVaid nulback shipping box to do provided when Sharps container is dMeW Up,on
receipt, S1tNa'6Vde docurnents the mccipund pmpuQ tems arid dcaroys tl-ne Sharps contakm and As contents.
. Drop 0 the fuil container at my desiginati.-A drop,off fadifty
If you have any questions,
please call Burrtec Customer Service
at 866-2705370
Monday - Friday
15 awrin. to 5 porn.
Exhibit 3D-Contractor Documentation
Item B.9 INTENTIONALLY OMITTED
City of Santa Clarita Exhibit 3D: Page 68
Exhibit 3D-Contractor Documentation
Item B.10- MULCH AND COMPOST GIVEAWAY PROGRAM
This item consists of 2 pages (including this page).
City of Santa Clarita Exhibit 3D: Page 69
Item B.10- MULCH AND COMPOST GIVEAWAY PROGRAM
Twice per year, Burrtec will publicize and offer customers mulch (i.e., shredded bark and
wood chips) and compost (no tire shreds) at no additional charge. The events will take
place once in the early Spring and again in the early Fall, or at alternate dates as
requested or approved by Director. Reasonable business efforts to offer mulch and
compost that was produced from green waste generated in the service area will be used.
Burrtec will select a location within the service area or other feasible areas and will be
responsible for planning and making all necessary arrangements. Burrtec will provide all
the necessary staffing, vehicles, containers, and other equipment, and materials or
supplies (such as shovels and extra bags). Burrtec will help participants who request help
and shall post a bilingual sign at the event offering assistance.
City of Santa Clarita Exhibit 3D: Page 70
Exhibit 3D-Contractor Documentation
Item B.11- ALTERNATIVES TO FULLY AUTOMATED OR 96-GALLON CARTS
This item consists of 2 pages (including this page).
City of Santa Clarita Exhibit 3D: Page 71
Item B.11 —ALTERNATIVES TO FULLY AUTOMATED OR 96-GALLON CARTS
Alternatives to Fully Automated 96-Gallon Carts
In the event the subscriber lives in difficult to service area, Burrtec Waste Industries will
use a manual or other form of collection for Refuse, Recyclables, and Organics to service
customers deemed difficult to service by the City. Should alternative containers be
provided to these Customers they shall have the same aggregate capacity as Burrtec
would have provided to Customers in carts at the rate surcharge provided in its Rate
Schedule.
Alternatives to 96-Gallon Carts due to Space Restrictions
In the event the subscriber is unable to store the 96-gallon containers due to space
restrictions, Burrtec will provide alternative containers with the same aggregate capacity
as outlined in the Agreement without rate discount or surcharge, if customers request the
same aggregate capacity.
32-Gallon Cart Alternatives to 96-Gallon Carts
If an Elderly Customer as defined in Exhibit 21 generates small amounts of waste and
requests a 32-gallon Cart or Carts, Burrtec will provide the same number of 32-gallon
Carts as Burrtec would have provided to that Customer in 96-gallon Carts, without Rate
surcharge.
City of Santa Clarita Exhibit 3D: Page 72
Exhibit 3D-Contractor Documentation
Item B.12- DIRECTOR -APPROVED SUBCONTRACTORS
This item consists of 2 pages (including this page).
City of Santa Clarita Exhibit 3D: Page 73
BurrtecWaste Industries, Inc. does not propose utilizing subcontractors in
t he performance of the City of Santa Clarita Continuation agreement.
City of Santa Clarita Exhibit 3D: Page 74
Exhibit 3D-Contractor Documentation
Item B.13- BACKUP SERVICE PLAN
This item consists of 3 pages (including this page).
City of Santa Clarita Exhibit 3D: Page 75
Item B.13-BACKUP SERVICE PLAN
Backup Service Plan
CONTRACTOR shall implement its Backup Service Plan within seven days of Director
request if Customer's Solid Waste is not Collected at Customer's Set -Out Site or
Abandoned Waste is not Collected for any reason, including uncontrollable
circumstances. An example is if CONTRACTOR'S drivers' strike or it is not possible to
provide Contract Services in difficult to service areas due to severe weather conditions,
especially on hillsides. In the event there is a protracted service disruption due to any
cause, CONTRACTOR will institute many proactive actions to sustain Solid Waste
Collection Services. Since Customers are expecting Collection, Transportation, and
Disposal services that CONTRACTOR is not providing, CONTRACTOR shall not charge
Customer or CITY for any of the services described below.
1. Provide Conveniently Located Dumpsters or Roll -off Containers
CONTRACTOR will place 3 or 4-yard Dumpsters and/or roll -off Containers
throughout the community in key locations approved by Director.
2. Offer Self-Haulina Solid Waste to a Facility
CONTRACTOR will use Reasonable Business Efforts to make arrangements with
the Solid Waste Disposal Facility normally used by CONTRACTOR for this
Contract to allow each Occupant to direct haul and dispose of their solid waste, 6
days per week. The facility shall only charge the Customer for disposal costs with
no minimum quantities.
Additionally, if Director determines the distance to the CONTRACTOR'S usual
facility is too far from Occupants, CONTRACTOR will arrange for a local facility to
allow each Occupant to drop-off the Solid Waste.
3. Inform Customers of Temporary Procedures
CONTRACTOR will use Reasonable Business Efforts to inform Customers and
Occupants of the above service and disposal options. CONTRACTOR will provide
Customers and Occupants with information on how to dispose of Occupant's solid
waste by the following means:
• A recording on its customer service line to hear a taped looped message.
0 Arrange for the broadcast of CITY's 30-second Public Service Announcement
video on local cable access channels with CONTRACTOR to customize it to
the situation, such as having text appear on the screen announcing date,
times, and addresses.
• Contact local print media and produce a press release.
• Contact Customers and Occupants via phone, email, or text messages.
City of Santa Clarita Exhibit 3D: Page 76
Since Customer is expecting a Collection Service not provided,
CONTRACTOR shall automatically credit Customer foreach missed
collection. For example, if a strike disrupts 2 weeks of the 13 Collections in
a quarter, CONTRACTOR would credit Customer 2/13 of that quarter's fee
toward the next quarter's fee.
CONTRACTOR will only charge the Customer for the Dumpster/roll-off
option or the drop-off option at a rate agreed upon in advance with City staff
and only that fee shall be considered a charge to all Customers, whether
or not the Customer chooses to utilize the Dumpster/roll-off option for
Disposal.
When CONTRACTOR is unable to offer Customer Services other than
curbside collection, such as Annual Curbside Cleanup, Mulch/Compost
Giveaway events, or other required services, CONTRACTOR shall provide
evidence of cost associated with those services and offer alternate services
acceptable to Director.
MWA
CONTRACTOR shall use Reasonable Business Efforts to require all properly
trained and licensed employees to operate Collection Vehicles to maintain core
Disposal and Diversion services. As described in the above paragraphs,
CONTRACTOR shall be properly staffed to provide drop-off services for each
Occupant. In addition to CONTRACTOR staff, CONTRACTOR shall use drivers
or Vehicles from other operations and other waste haulers.
Finally, in cases of a strike, CONTRACTOR shall work closely with a private
security firm to guarantee a safe and consistent operation.
CONTRACTOR shall contact the elderly and disabled Occupants with Roll -out
Service and shall use Reasonable Business Efforts to Collect putrescible Solid
Waste from their residence.
City of Santa Clarita Exhibit 3D: Page 77
Exhibit 3D-Contractor Documentation
City of Santa Clarita Exhibit 3D: Page 78
--------------------------------------------------------------------
CONTRACT SERVICES MANAGERS
Cole Burr, President
Tracy Sweeney, Chief Operating Officer/VP
Burrtec Waste Industries, Inc.
Burrtec Waste Industries, Inc.
9890 Cherry Ave
9890 Cherry Ave
Fontana, CA 92335
Fontana, CA 92335
Phone: (909) 429-4200
Phone: (909) 429-4200
Fax: (909) 429-4290
Fax: (909) 429-4290
Richard Nino Vice President
Burrtec Waste Industries, Inc.
9890 Cherry Ave
Fontana, CA 92335
Phone: (909) 429-4200
Fax: (909) 429-4290
AUTHORIZED REPRESENTATIVES
Dennis Verner, Division Manager
Robert Moore, Customer Services Manager
Burrtec Waste Industries, Inc.
Burrtec Waste Industries, Inc.
26000 Springbrook Ave, Ste 101
26000 Springbrook Ave, Ste 101
Santa Clarita, CA 91350
Santa Clarita, CA 91350
Phone: (661) 222-2249
Phone: (661) 222-2249
Fax: (661) 222-7876
Fax: (661) 222-7876
Daniel Kessler, Route Supervisor
Larry Gomoll, Maintenance Supervisor
Burrtec Waste Industries, Inc.
Burrtec Waste Industries, Inc.
26000 Springbrook Ave, Ste 101
26000 Springbrook Ave, Ste 101
Santa Clarita, CA 91350
Santa Clarita, CA 91350
Phone: (661) 222-2249
Phone: (661) 222-2249
Fax _(661J 222 7876
._ Fax: (661) 222-7876
out EMERGENCY CONTACT
(outside Contractor's office hours)
Dennis Verner, Division Manager
Richard Nino, Vice President
Burrtec Waste Industries, Inc.
Burrtec Waste Industries, Inc.
26000 Springbrook Ave, Ste 101
9890 Cherry Ave
Santa Clarita, CA 91350
Fontana, CA 92335
Phone: (661) 222-2249
Phone: (909) 429-4200
Fax: (661) 222-7876
Fax: (909) 429-4290
Cell: (661) 1476-4780
Cell: (626) 675-5841
KEY PERSONNEL
Richard Nino, Vice President
Dennis Verner, Division Manager
Burrtec Waste Industries, Inc.
Burrtec Waste Industries, Inc.
9890 Cherry Ave
26000 Springbrook Ave, Ste 101
Fontana, CA 92335
Santa Clarita, CA 91350
Phone: (909) 429-4200
Phone: (661) 222-2249
Fax: (909) 4294290
Fax: (661) 222-7876
City of Santa Clarita Exhibit 3D: Page 79
Robert Moore, Customer Services Manager
Daniel Kessler, Route Supervisor
Burrtec Waste Industries, Inc.
Burrtec Waste Industries, Inc.
26000 Springbrook Ave, Ste 101
26000 Springbrook Ave, Ste 101
Santa Clarita, CA 91350
Santa Clarita, CA 91350
Phone: (661) 222-2249
Phone: (661) 222-2249
Fax: (661) 222-7876
Fax: (661) 222-7876
Larry Gomoll, Maintenance Supervisor
Debbie Hansen
26000 Springbrook Ave, Ste 101
Burrtec Waste Industries, Inc.
Santa Clarita, CA 91350
9890 Cherry Ave
Phone: (661) 222-2249
Fontana, CA 92335
Fax: (661) 222-7876
Phone: (909) 429-4200
Fax: (909) .429-4290
SERVICES SAFETY OFFICIAL
Dennis Verner, Division Manager
Burrtec Waste Industries, Inc.
26000 Springbrook Ave, Ste 101
Santa Clarita, CA 91350
Phone: (661) 222-2249
Fax: (661) 222-7876
City of Santa Clarita Exhibit 3D: Page 80
Exhibit 3D-Contractor Documentation
City of Santa Clarita Exhibit 30: Page 81
Item B.16- FACILITIES AND SOLID WASTE FACILITIES
1. Chiquita Landfill
Owner/Operator: Chiquita Canyon, Inc.
Address: 2901 Henry May Dr. Castaic, CA 91384
Contact: Jim Litter, 916-608-8200
Acceptable Material: Mixed municipal, green materials,
construction/demolition, industrial, and inert.
Unacceptable Materials: radioactive, hazardous, radioactive, medical, liquid,
designated, or other waste requiring special treatment or handling.
2. Sunshine Canyon Landfill
Owner/Operator: Browning -Ferris Industries of California, Inc.
Address: 14747 San Fernando Rd, Sylmar, CA 91342
Contact: Nicole Myers, 818-362-2124
Acceptable Material: mixed municipal, construction/demolition, industrial,
green materials, inert, wood waste.
Unacceptable Materials: hazardous, radioactive, untreated medical waste,
liquid, designated, incinerator ash, sludge, or other waste requiring special
treatment or handling.
1. E-Recycling of California
Owner/Operator: E-Recycling of California
Address: 7230 Petterson Ln, Paramount, CA 90723-2022
Contact: Ms. Maureen Craine, 562-634-8372
Acceptable Material: televisions, computer monitors, printers, DVRs, vacuums,
and other general household electronic items.
Unacceptable Materials: municipal solid waste, construction/ demolition, green
materials, wood waste, food waste, inert, hazardous, radioactive, liquid,
designated, or otherwaste requiring special treatment or handling.
City of Santa Clarita Exhibit 3D: Page 82
Recycling Facilities
All recyclables, bulky items and green waste will be processed at one of the facilities listed
below. All residue materials will be transferred to one of designated solid waste landfills
listed below.
1. Burbank M- recyclables
Owner/Operator: City of Burbank/Burrtec Waste Industries, Inc.
Address: 500 South Flower St, Burbank. CA 91502
Contact: Victor Urena, 818-276-0434
Acceptable Material: separated and commingled recyclables to include
aluminum cans, aluminum foil, brochures, catalogs, cardboard, computer
paper, glass bottles and jars, junk mail, magazines, mixed paper, newspaper,
paper tubes, phone books, #147 plastic bottles, plastic soda or water bottles,
tissue boxes, and used envelopes.
Unacceptable Materials: municipal solid waste, construction/ demolition, green
materials, wood waste, food waste, inert, hazardous, radioactive, liquid,
designated, or otherwaste requiring special treatment or handling.
2. Azusa Transfer and MRF- recyclables
Owner/Operator: Azusa Land Reclamation, Inc.
Address: 1501 West Gladstone, Azusa, CA 91702
Contact: Richard Heeren, 626-224-9826
Acceptable Material: separated and commingled recyclables to include
aluminum cans, aluminum foil, brochures, catalogs, cardboard, computer
paper, glass bottles and jars, junk mail, magazines, mixed paper, newspaper,
paper tubes, phone books, #147 plastic bottles, plastic soda or water bottles,
tissue boxes, and used envelopes.
Unacceptable Materials: municipal solid waste, construction/ demolition, green
materials, wood waste, food waste, inert, hazardous, radioactive, liquid,
designated, or other waste requiring special treatment or handling.
3. Rent -a -Bin (Conservation Station) - green waste
Owner/Operator: Azusa Land Reclamation, Inc.
Address: 20833 Santa Clara St, Santa Clarita, CA 91351
Contact: Lefty Randal, 661-250-5333
Acceptable Material: inert, construction/ demolition and green waste.
Unacceptable Materials: Municipal Solid Waste, tires, hazardous, radioactive,
untreated medical, liquid, designated, sludge, large dead animals or other
waste requiring special treatment or handling.
City of Santa Clarita Exhibit 3D: Page 83
4. Azusa Transfer and MF- green waste
Owner/Operator: Azusa Land Reclamation, Inc.
Address: 1501 West Gladstone, Azusa, CA 91702
Contact: Richard Heeren, 626-224-9826
Acceptable Material: municipal solid waste, inert, construction/ demolition,
green waste, manure and tires.
Unacceptable Materials: hazardous, radioactive, untreated medical, liquid,
designated, sludge, large dead animals or other waste requiring special
treatment or handling.
Methodology of Allocating Materials
Burrtec Waste Industries, Inc. (Burrtec) shall haul all collected materials in the Annexed
areas of City of Santa Clarita to the facilities listed above.
Given that the Annexed areas were part of the larger County unincorporated routing
scheme and that said routing afforded certain economies of scale to contain service
costs, Burrtec may continue to commingle materials with County unincorporated
service areas. Generally accepted industry standards for tonnage allocations based on
house counts will be utilized for purposes of generating tonnage reports for the
respective County unincorporated and Annexed areas. All materials collected are
segregated by truck and route, no collected material is commingled with any other collected
material. All materials collected are weighed in upon delivery at the respective facilities
via certified scales and processed through either the material recovery facility or the
landfill/transfer station.
Tare Weights
All vehicles utilizing the facilities are weighed empty and loaded into the scale software
systems to determine the exact weights of the commodities being delivered. Each vehicle
is individually identified by the truck number, route and tare weight. Periodically tare
weights are re -verified to maintain accuracy.
Solid Waste
Solid waste materials are weighed at the certified scales before entering the facility. The
exact net weight of the material collected is assigned to the respective service areas. The
municipal solid waste will be transported to the landfill for buried. On a monthly basis,
Burrtec reconciles weight records against invoices and verifies jurisdictions of origin.
Green Waste
Green waste materials are weighed at the certified scales before entering the facility. The
exact net weight of the material collected is assigned to the respective service area.
The green waste collected is unloaded at the green waste processing area where the
material is used as part of the alternative daily cover program. On a monthly basis, Burrtec
reconciles weight records against invoices and verifies jurisdictions of origin.
Commingled Recyclables
The facility will conduct a waste characterization of the commingled blue cart recyclables
delivered from the facility. Each commodity collected in the collection process is
segregated by weight and material classification. The waste characterization process is
conducted on a random load of materials delivered from the respective jurisdiction. This
City of Santa Clarita Exhibit 3D: Page 84
process reveals the amount of contamination or non -recyclable material that is present in
the total tonnage collected. Based on waste characterization data we are able to
formulate strategies to target areas of improvement.
Commingled recyclable materials are weighed at the certified scales before entering the
facility. The exact net weight of the material collected is assigned to the respective service
areas. The recyclables collected are unloaded at the tipping area for further processing.
The facility reconciles the incoming and outgoing tonnages by weighing all materials
recovered. Each outbound commodity weight is collected and reconciled with the waste
characterization for the facility. All residue materials are carefully tracked based upon the
waste characterization and allocated to the appropriate jurisdiction.
Reporting
Burrtec records all solid waste tonnage collection on a daily basis. The methodology
includes categorizing the tonnage by material type, route, and collection days At the end
of each month this information is summarized in a Waste Generation and Diversion
Report that specifies total tons by material type that are allocated to the respective
jurisdictions based on house counts. All diverted materials tonnage
(recyclables, green waste, metals, wood, e-waste, CEDs, etc) is totaled and compared to
total solid waste collected and a diversion percentage is established for that month.
Miscellaneous Materials
Bulky items/Self Haul
Bulky items collected are tracked by jurisdiction and identified by material type to
maximum diversion. All materials recovered are allocated based upon weight and
jurisdiction of generation.
ATZqrI#TITRV,T=_
Burrtec is a licensed Electronic Waste Handler. All electronic waste materials collected
are weighed and allocated by commodity type. All materials recovered under this
program are carefully recorded and reported back to Burrtec and the State of California
by E-Recycling.
City of Santa Clarita Exhibit 3D: Page 85
Exhibit 3D-Contractor Documentation
Item B.17 —TRANSITION ROLL -OUT PLAN
This item consists of 2 pages (including this page).
City of Santa Clarita Exhibit 3D: Page 86
Burrtec will implement the approved start-up transition roll -out plan for an orderly implementation.
Burrtec to mail out City letter notifying residents that the new residential contract for trash
collection services in carts will transition to the current residential waste franchise hauler.
Burrtec to mail out a letter regarding the new services under the new contract along with the rate
sheet, terms and conditions, and service brochure.
Burrtec will mail out a post card highlighting new services approximately two weeks after the start
of service under the new contract.
City of Santa Clarita Exhibit 3D: Page 87
Exhibit 3D-Contractor Documentation
This item is no longer needed.
City of Santa Clarita Exhibit 3D: Page 88
EXHIBIT 5-Additional Contract Language
f :"Alf F 1 (I[:::::.IN I[:::::.II::ZAIL.... COIN FI:::ZAC F T :
Al::.::.::.]igiV'billity Verification
CONTRACTOR warrants that it fully complies with all Federal and State
statutes and regulations regarding the employment of aliens and others and
that all its employees performing work under this CONTRACT meet the
citizenship or alien status requirements set forth in Federal and State statutes
and regulations. CONTRACTOR shall obtain, from all covered employees
performing services hereunder, all verification and other documentation of
employment eligibility status required by Federal and State statutes and
regulations including, but not limited to, the Immigration Reform and Control
Act of 1986 (P.L. 99-603), or as they currently exist and as they may be
hereafter amended. CONTRACTOR shall retain all such documentation for
all covered employees for the period prescribed by law.
. CONTRACTOR shall defend and hold harmless, CITY, its Special
Districts, Elected Officials, Officers, Agents, Employees, and Volunteers
sanctions and any other liability which may be assessed against
CONTRACTOR or CITY or both about any alleged violation of Federal or
State statutes or regulations pertaining to the eligibility for employment of
persons performing services under this CONTRACT.
B. Security ar�d I[.3ac.kground Investigations
Security and background investigations of CONTRACTOR's staff may be required
at the discretion of CITY as a condition of beginning and continuing work under any
resulting CONTRACT. The cost of background checks is the responsibility of
CONTRACTOR.
C. Conflict of Interest
No CITY employee whose position with CITY enables such employee to influence
the award of this CONTRACT or any competing contract, and no spouse or economic
dependent of such employee shall be employed in any capacity by CONTRACTOR
or have any other direct or indirect financial interest in this CONTRACT. No officer
or employee of CONTRACTOR who may financially benefit from the performance
of the work hereunder shall in any way participate in CITY's approval, or ongoing
evaluation, of such work, or in any way attempt to unlawfully influence CITY's
approval or ongoing evaluation of such work.
City of Santa Clarita Exhibit 5: Page 89
CONTRACTOR represents and warrants that it is aware of, and its authorized officers
have read, the provisions of this CONTRACT and will not violate those provisions.
CONTRACTOR shall comply with all conflict of interest laws, ordinances, and
regulations now in effect or hereafter to be enacted during the term of this CONTRACT.
CONTRACTOR warrants that it is not now aware of any facts that create a conflict of
interest. If CONTRACTOR hereafter becomes aware of any facts that might
reasonably be expected to create a conflict of interest, it shall immediately make full
written disclosure of such facts to CITY. Full written disclosure shall include, but is not
limited to, identification of all persons implicated and a complete description of all
relevant circumstances. Failure to comply with the provisions of this paragraph shall be a
material breach of this CONTRACT subjecting CONTRACTOR to either contract
termination for default or debarment proceedings or both. CONTRACTOR must sign
and adhere to the "Conflict of Interest Certification" (Form PW-5).
D. Fair Il.....albor Stanr,Jarr,Js Act
CONTRACTOR shall comply with all applicable provisions of the Federal Fair Labor
Standards Act and shall indemnify, defend, and hold harmless CITY, its Special
Districts, Elected Officials, Officers, Agents, Employees, and Volunteers from all
liability, including, but not limited to, wages, overtime pay, customer
service penalties, penalties, court costs, and attorneys' fees arising under
any wage and hour law, including the Federal Fair Labor Standards Act, for work
performed by CONTRACTOR's employees for which CITY may be found jointly or
solely liable.
IN
I:::. a ecor,(,,J lRetention and Ilns1,:.)eYcfuon/Aur,::fuf Setfller.nenf
CONTRACTOR shall maintain accurate and complete financial records of its
activities and operations relating to this CONTRACT in accordance with generally
accepted accounting principles. CONTRACTOR shall also maintain accurate and
complete employment and other records relating to its performance of this
CONTRACT. CONTRACTOR agrees that CITY, or its authorized representatives,
shall have access to and the right to examine, audit, review records, excerpt, copy, or
transcribe any pertinent transaction, activity, or record relating to this CONTRACT.
All such material, including, but not limited to, all financial records, bank statements,
cancelled checks, or other proof of payment, timecards, sign-in/sign-out
sheets, and other time and employment records, and proprietary data and
information, shall be kept and maintained by CONTRACTOR and shall be made
available to CITY during the term of this CONTRACT and for a period of five years
thereafter unless CITY's written permission is given to Dispose of any such material
prior to such time. All such material shall be maintained by CONTRACTOR at a
location in CITY,
City of Santa Clarita Exhibit 5: Page 90
provided that if any such material is located outside CITY, then, at CITY's option,
CONTRACTOR shall pay CITY for travel, per diem, and other costs incurred by
CITY to examine, audit, review records, excerpt, copy, or transcribe such material
at such other location.
1 . If a review of records of CONTRACTOR is conducted specifically regarding this
CONTRACT by any Federal or State auditor, or by any auditor, reviewer, or
accountant employed by CONTRACTOR or otherwise, then CONTRACTOR
shall file a copy of such review of records report with CITY's Auditor -
Controller within 30 days of CONTRACTOR's receipt thereof, unless otherwise
provided by applicable Federal or State Jaw or under this CONTRACT.
Subject to applicable law, CITY shall make a reasonable effort to maintain the
confidentiality of such review of records report(s).
. Failure on the part of CONTRACTOR to comply with any of the provisions of
this paragraph shall constitute a material breach of this CONTRACT upon
which CITY may suspend or terminate for default or suspend this
CONTRACT.
3. If, at any time during the term of this CONTRACT, representatives of CITY
conduct a review of records of CONTRACTOR regarding the work performed
under this CONTRACT, and if such review of records finds that CITY's dollar
liability for any such work is less than payments made by CITY to
CONTRACTOR, then the difference shall be either- a) repaid by
CONTRACTOR to CITY by cash payment upon demand or b) at the sole
option of CITY's Auditor -Controller, deducted from any amounts due to
CONTRACTOR from CITY, whether under this CONTRACT or otherwise. If
such review of records finds that CITY's dollar liability for such work is more
than the payments made by CITY to CONTRACTOR, then the difference shall
be paid to CONTRACTOR by CITY by cash payment, provided that in no
event shall CITY's maximum obligation for this CONTRACT exceed the funds
appropriated by CITY for this CONTRACT.
City of Santa Clarita Exhibit 5® Page 91
(3). C11(:M FRA(.'," ()R F:' esI�.,)onsilbiIIity arnd II:::)ebaitirrnent
Responsible CONTRACTOR
A responsible CONTRACTOR is a CONTRACTOR who has demonstrated
the attribute of trustworthiness as well as quality, fitness, capacity, and
experience to satisfactorily perform the CONTRACT. It is CITY's policy to
conduct business only with responsible CONTRACTORS.
2.. INonresponsiiblle CONTRACTOR
CITY may + a CONTRACTOR if the City finds, in its discretion, that
CONTRACTOR has done any of the following: (1) violated any term of a
contract with CITY or a nonprofit corporation created by CITY; (2)
committed an act or omission which negatively reflects on
CONTRACTOR's quality, fitness, or capacity to perform a contract with
CITY, any other public entity, or a nonprofit corporation created by CITY,
or engaged in a pattern or practice which negatively reflects on same; (3)
committed an act or offense which indicates a lack of business integrity or
business honesty; or (4) made or submitted a false claim against CITY or any
other public entity.
3.. Contractor IHeariino Board
a. If there is evidence that CONTRACTOR may be subject to
debarment, Public Works will notify CONTRACTOR in writing of the
evidence which is the basis for the proposed debarment and will
advise CONTRACTOR of the scheduled date for a debarment
hearing before Contractor Hearing Board.
bW Contractor Hearing Board will conduct a hearing where evidence on
the proposed debarment is presented. CONTRACTOR and/or
CONTRACTOR's representative shall be given an opportunity tc
submit evidence at that hearing. After the hearing, Contractor
City of Santa Clarita Exhibit 5: Page 92
Hearing Board will prepare a tentative proposed decision, which shall
contain a recommendation regarding whether CONTRACTOR
should be debarred, and, if so, the appropriate length of time of the
debarment. CONTRACTOR and Public Works shall be provided an
opportunity to object to the tentative proposed decision prior to its
presentation to the City Council
G° After consideration of any objections, or if no objections are
submitted, a record of the hearing, the proposed decision, and any
other recommendation of Contractor Hearing Board shall be
presented to the Board. The City Council shall have the right to
modify, deny, or adopt the proposed decision and recommendation
of Contractor Hearing Board.
(I. If a CONTRACTOR has been debarred for a period longer than
five years, that CONTRACTOR may, after the debarment has been in
effect for at least five years, submit a written request for review of the
debarment determination to reduce the period of debarment or
terminate the debarment. CITY may, in its discretion, reducethe period
of debarment or terminate the debarment if it finds that
CONTRACTOR has adequately demonstrated one or more of the
following: (1) elimination of the grounds for which the debarment was
imposed; (2) a bona fide change in ownership or management; (3)
material evidence discovered after debarment was imposed; or (4) any
other reason that is in the best interests of CITY.
e; Contractor Hearing Board will consider a request for review of a
debarment determination only where (1) CONTRACTOR has been
debarred for a period longer than five years; (2) the debarment has
been in effect for at least five years; and (3) the request is in writing,
states one or more of the grounds for reduction of the debarment
period or termination of the debarment, and includes supporting
documentation. Upon receiving an appropriate request, Contractor
Hearing Board will provide notice of the hearing on the request. At the
hearing, Contractor Hearing Board shall conduct a hearing where
evidence on the proposed reduction of debarment period or
termination of debarment is presented. This hearing shall be
conducted and the request for review decided by Contractor Hearing
Board pursuant to the same procedure as for a debarment hearing.
f: Contractor Hearing Board's proposed decision shall contain a
recommendation on the request to reduce the period of debarment or
terminate the debarment. Contractor Hearing Board shall present its
proposed decision and recommendation to the City Council. The City
Council shall have the right to modify, deny, or adopt the proposed
decision and recommendation of Contractor Hearing Board.
City of Santa Clarita Exhibit 5: Page 93
. Subcontractors of CONTRACTOR
These terms shall also apply to Subcontractors of CITY
CONTRACTORs.
I II. 1:�1el1'.)fz)irtliir q Ill:�Iequ,.jliirerrroirrls ff..;rr Sollliiciitatlionns
CONTRACTOR shall immediately report any attempt by a CITY officer or
employee to solicit improper consideration. CONTRACTOR shall make the report
either to CITY manager charged with the supervision of the employee. Among
other items, improper consideration may take the form of cash; discounts; service;
or the provision of travel, entertainment, or tangible gifts.
I . C; I Y's G u alllily Assujrainco Ill:)llairn
CITY or its agent will monitor CONTRACTOR's performance under this
CONTRACT on not less than an annual basis. Such monitoring will include
assessing CONTRACTOR's compliance with all this Contract's terms and
conditions and performance standards. CONTRACTOR deficiencies which
CITY determines are significant orcontinuing and that may place performance of this
CONTRACT in jeopardy, if not corrected, will be reported to the Board. The report
will include improvement/corrective action measures taken by CITY and
CONTRACTOR.
If improvement does not occur consistent with the corrective action measures,
CITY may suspend or terminate this CONTRACT for default or impose other
penalties as specified in this CONTRACT.
J. V....fz)call Srrrollll Il ujsiiirness Ill.:inlerll.)rlise Ullilliizollioin
When requested by CITY, CONTRACTOR shall provide to CITY via methods
specified by CITY, such as submission of electronic live (or dynamic) data on
invoices for the prime and all subcontractors using CITY -designated third -party
software system or to a CITY approved website, or other means of submitting
expenditure information on subcontractors, including but not limited to the following
information: the name, business address and telephone number/email address of
each subcontractor.
In addition, CONTRACTOR shall be required to provide each of the specified
subcontractor Local Small Business Enterprise (SBE), Disabled Veteran Business
Enterprise (DVBE), and Social Enterprise (SE) status (i.e., whether any of the listed
subcontractors are Local SSE's) and the proposed monetary amount of the work the
subcontractor will perform on each Notice to Proceed. At the time of submittal of each
invoice, CONTRACTOR shall indicate, via methods specified by CITY, the actual
dollar amounts paid to each listed subcontractor who performed work on the
City of Santa Clarita Exhibit 5: Page 94
project. The subcontractor may be requested to confirm receipt of the actual
payment to the subcontractor by the prime.
The parties agree that it will be impracticable or extremely difficult to fix the extent of
actual damages resulting from the failure to CONTRACTOR to comply with this
Section. The parties will agree that under the current circumstances a reasonable
estimate of such damages is specified in Exhibit F, Performance Requirements
Summary, and that CONTRACTOR shall be liable to CITY for said amount.
If in the judgment of Director, or his/her designee, CONTRACTOR is deemed to be
in non-compliance with the terms and obligations, Director or his/her designee, at
his/her option, in addition to, or in lieu of, other remedies provided in Exhibit F,
Performance Requirements Summary, may deduct and withhold customer service
penalties from CITY's final payment to CONTRACTOR.
_ MEi tl"Md of IPayirnEff,wt ar° d REICluliirE'd Ilinfoirimatlioin
The City may, at its sole discretion, determine the most appropriate, efficient,
secure, and timely form of payment for any amounts due for goods and/or services
provided under a Contract with the City. Proposers/Contractors further agree that
the default form of payment shall be Electronic Funds Transfer (EFT) or direct
deposit, unless an alternative method of payment is deemed appropriate by the
Auditor -Controller (A-C).
At the request of the A-C and/or the Department of Neighborhood Services, the
Contractor shall provide the A-C with electronic banking and related information
for the Contractor and/or any other payee that the Contractor designates to receive
payment pursuant to this Contract. Such electronic banking and related information
includes, but is not limited to: bank account number and routing number, legal
business name, valid taxpayer identification number or TIN, a working e-mail
address capable of receiving remittance advices and other
Payment related correspondence, and any other information that the A-C
determines is reasonably necessary to process the payment and comply with all
accounting, recordkeeping, and tax reporting requirements.
Any provision of law, grant, or funding agreement requiring a specific form or
method of payment other than EFT or direct deposit shall supersede this
requirement with respect to those payments. Upon Contract award or at any time
during the duration of the Contract, a Contractor may submit a written request for
an exemption to this requirement. Such request must be based on specific legal,
business or operational needs and explain why the payment method designated
by the A-C is not feasible and an alternative is necessary. The A-C, in consultation
with the Department of Public Works, shall decide whether to approve exemption
requests.
City of Santa Clarita Exhibit 5: Page 95
I.... CornjpIliairice MUIFair Chw`)(,EM Hill"illIg i::)iracflces CElirtificatioin
Contractor shall comply with fair chance employment hiring practices set forth in
California Government Code Section 12952, Employment Discrimination:
Conviction History. Contractor's violation of this paragraph of the Contract may
constitute a material breach of the Contract. In the event of such material breach,
City may, in its sole discretion, terminate the Contract.
City of Santa Clarita Exhibit 5: Page 96
f °"Alf F 4 u IN II::: M IN a If = u CA MOIN AN[..' a IN S U: ZAIN C I[:::::.
A. Ill'ICIE:„ii,iiiiµilifiicatiioirµi and I::-REflEaSEM Of C11.11..Y
CONTRACTOR shall release, indemnify, defend, and hold harmless CITY and
CITY's Related Parties from and against all Liabilities arising from, connected with,
or relating to all the following:
1. Operations
CONTRACTOR and CONTRACTOR's Related Parties' operations or any
of their respective services on or after the date of this CONTRACT,
including the Task 1 services and Liabilities further detailed in the following
Indemnifications contained in Part 4A2 through Part 4A5 of this Exhibit 5,
but excluding any Liabilities arising from the sole active negligence of CITY.
2.. Call/OSHHA
Without limiting the operations Indemnification in Part 4A1 of Exhibit 5,
employer sanctions and any other Liabilities that may be assessed against
CONTRACTOR or CITY or both about any alleged act or omission of
CONTRACTOR or any of CONTRACTOR's Related Parties that is in violation
of any Gal/OSHA regulation. This obligation includes all investigations and
proceedings associated with purported violations of 8 CCR 336.10 pertaining
to multiemployer work sites. CONTRACTOR shall not be obligated to so
release, indemnify, defend, and hold harmless CITY from and against any
Liabilities arising from the active negligence of CITY.
3. immigration
Without limiting the operations Indemnification in Part 4A1 of Exhibit 5,
employer sanctions and any other Liabilities that may be assessed against
CONTRACTOR, any of CONTRACTOR's Related Parties or CITY or any
one or all of them about any alleged violation of Federal Applicable Law
(including the Immigration Reform and Control Act of 1986 (PL. 99-603)
pertaining to the eligibility for employment of individuals performing Task 1
services. CONTRACTOR shall not be obligated to so indemnify, release,
defend, and hold harmless CITY from and against any Liabilities arising from
active negligence of CITY.
4. Enforcement of COIN FIRAC F or Applliicablle 11.....aw
Without limiting the operations Indemnification in Part 4A1 of Exhibit 5, any
Liabilities that may be assessed against CONTRACTOR, any of
CONTRACTOR's Related Parties or CITY or any one or all of them about
any alleged failure of CITY to exercise CITY's rights under this CONTRACT
or to enforce provisions of this CONTRACT or of Applicable Law as permitted
under Part 11A4 of Exhibit 5.
City of Santa Clarita Exhibit 5: Page 97
5 Dlsposall
The presence, Disposal, escape, migration, leakage, spillage, discharge,
release, or emission of Unpermitted Waste or petroleum to, in, on, at, or
under any Vehicle, place, site, or facility where CONTRACTOR or any of
CONTRACTOR's Related Parties transports, delivers, stores, processes,
Recycles, composts or Disposes of Solid Waste to the extent that Liabilities
are caused indirectly or directly by any of the following:
a. CONTRACTOR Negligence or Misconduct
The wrongful, willful, or negligent act, error or omission, or the misconduct
of CONTRACTOR or any of CONTRACTOR's Related Parties-,
bNon-Customer Materials
The Collection, delivery, handling, Recycling, processing, composting
or Disposal by CONTRACTOR or any of CONTRACTOR's Related
Parties of any materials or waste, including Unpermitted Waste, that
are generated by Persons other than Customers and Occupants or
collected from premises other than Premises-,
C. Failure to Con7ply with Unpermitted Waste Screening Protocol
The failure of CONTRACTOR or any of CONTRACTOR's Related
Parties to undertake Unpermitted Waste training procedures
required by Applicable Law or the Unpermitted Waste Screening
Protocol, whichever is more stringent-, or
dCONTRA C TOR -Identified Unpermitted Waste
The improper or negligent collection, handling, delivery, processing,
recycling, composting, or disposal by CONTRACTOR or any of
CONTRACTOR's Related Parties of Unpermitted Waste that
CONTRACTOR or any of CONTRACTOR's Related Parties inadvertently
collects from Customers and Occupants and that CONTRACTOR or any
of CONTRACTOR's Related Parties identifies as Unpermitted Waste
before its delivery, processing, recycling, composting, or disposal whether
(1) In one or more occurrence-,
(2) Threatened or transpired-,
(3) CONTRACTOR or any of CONTRACTOR's Related Parties is
negligent or otherwise culpable-, or
(4) Those Liabilities are litigated, settled, or reduced to judgment.
City of Santa Clarita Exhibit 5: Page 98
For purposes of this item A5, "Liabilities" includes Liabilities arising from
or attributable to any operations, repair, cleanup, or detoxification, or
preparation and implementation of any removal, remedial, response,
closure, post closure, or other plan, regardless of whether undertaken due
to government directive or action, such as remediation of surface or ground
water contamination and replacement or restoration of natural resources.
The foregoing Indemnification under this item A5 is intended to operate as
a CONTRACT under 42 U.S.C. Section 9607(e) and California Health and
Safety Code Section 25364, to insure, protect, hold harmless, and
indemnify CITY from liability in accordance with this Section.
The mere presence of household hazardous waste in the Solid Waste that
is Collected by CONTRACTOR or any of CONTRACTOR's Related Parties
under this CONTRACT will not constitute negligence and in and of itself
create any liability on the part of CONTRACTOR or any of CONTRACTOR's
Related Parties absent any of the circumstances described in items a
through d in this item A5.
With respect to CITY's defense under this item A5, CITY reserves the right
to retain co -counsel at its own cost and expense and CONTRACTOR
shall direct CONTRACTOR'S counsel to assist and cooperate with CITY'S
co -counsel.
CONTRACTOR hereby releases and shall not seek contribution or
compensation of any nature from CITY for Liabilities relating to
Unpermitted Waste, including relating to RCRA, CERCLA, or the California
Health and Safety Code. CONTRACTOR shall not make any claims against
or assert an interest in any account, fund, or reserve that CITY may
establish or set aside from the proceeds of the Contract Fee or otherwise or
maintains to cover Liabilities relating to Unpermitted Waste, which established
fund or reserve CITY is under no obligation to establish or maintain.
E:3 a iris s a it a in ce
Without limiting its Indemnities, and in the performance of this CONTRACT and
until all its Performance Obligations pursuant to this CONTRACT have been met,
CONTRACTOR shall provide and maintain the following programs of insurance at
its own expense. Performance Obligations under this Section 48 are in addition
to and separate from any other Performance Obligation in this CONTRACT.
CITY reserves the right to review and adjust the insurance requirements in this
Section 48 if CITY determines that there have been changes in risk exposures.
CITY makes no warranty that the insurance coverage terms, types, and limits in
this Part 48 is sufficient to protect CONTRACTOR for Liabilities that may arise from
or in relation to this CONTRACT.
City of Santa Clarita Exhibit 5: Page 99
'L I1::'1r1imary, (Excess, Iron Contributory
All CONTRACTOR'S insurance carried under this Part 4B shall be primary with
respect to any other insurance or self-insurance programs available to CITY.
.. Cancellation notices
All insurance shall contain the express condition that CITY is to be given
written notice by mail at least 30 days in advance of cancellation, or at least
ten days in advance of cancellation for nonpayment of premium, for all
policies evidenced on the certificate of insurance.
3.. I.Noi]c...0m.. (Kiang
Neither CITY'S failure to obtain, nor CITY'S receipt of, or failure to object to
a noncomplying insurance certificate or endorsement or any other insurance
documentation or information provided by CONTRACTOR, its insurance
broker(s) and/or insurer(s), shall be construed as a waiver of any
Performance Obligation under this Part 4B. If CONTRACTOR does not
provide and maintain those programs of insurance, CITY may purchase
required insurance coverage without further notice to CONTRACTOR, and
CITY may charge CONTRACTOR any premium costs advanced by CITY for
that insurance and draw on the Performance Assurance provided by
CONTRACTOR.
4.. Evidence of (Insurance: C011s and copies of policies
At least 30 days prior to the Execution Date and thereafter 30 days prior to
each policy renewal and within two business days of any Director request,
CONTRACTOR shall deliver a certificate or certificates of insurance or other
evidence of coverage acceptable to Director at the address provided for
Notices. Certificates or other evidence must:
a. Specifically identify this CON IRA C.l' h.y name or nti/77ber
name the insured party that matches the name of CONTRACTOR
executing this CONTRACT; provide the full name of each insurer
providing coverage and the insurer's NAIC (National Association of
Insurance Commissioners) identification number, and financial rating.
bl...h es and limits
Clearly evidence all coverage, types, and limits required in this
CONTRACT. Identify standard policy forms or their equivalent.
Coverage may consist of a combination of primary and excess
policies. Excess policies must provide coverage as broad as ("follow
form" over) the underlying primary policies;
City of Santa Clarita Exhibit 5: Page 100
C Cancellation notice
Contain the express condition that Director is to be given written
notice by mail at least 30 days in advance of cancellation (ten days
for nonpayment of premium) for all policies evidenced on the
certificate of insurance;
I...lsl additional endor ornent
(11) Additional insured endorsements. Include copies of the
additional insured endorsements to General Liability Policy
which must add CITY and its Special Districts, elected
officials, officers, agents, and employees as additional
insureds with respect to liability arising out of ongoing and
completed Task 1 services, and applicable with respect to
liability and defense of suits arising out of CONTRACTOR'S
acts or omissions, whether that liability is attributable to
CONTRACTOR or CITY. The full policy limits and scope of
protection must apply to each of those additional insureds
even if those limits or scope exceed the minimum required
insurance specifications in this CONTRACT. CONTRACTOR
m a y use an automatic additional insured endorsement if the
endorsements meet the requirements of this Part 48.
O Waiver of Subrogation Endorsements. Include copies of
subrogation endorsements necessary to effect
CONTRACTOR'S waiver of its and its insurer(s)' rights of
recovery against CITY under all insurance under this
Section 148, to the fullest extent permitted by law.
Identify any deductibles or self -insured retention ("SIR") exceeding
$50,000 for Director's approval. CONTRACTOR'S policies shall not
obligate CITY to pay any portion of any CONTRACTOR deductible
or SIR.
CITY retains the right to require CONTRACTOR to reduce any
deductibles or self -insured retention as they apply to CITY or to
require CONTRACTOR to provide a bond, letter of credit, or
certificate of deposit guaranteeing payment of all retained losses and
related costs, including expenses, or both, related to investigations,
claims administrations, and defense. The bond must be executed by a
corporate surety licensed to transact business in the State of
City of Santa Clarita Exhibit 5: Page 101
California; the letter of credit must be issued by a bank or other
financial institution acceptable to Director.
If CONTRACTOR has not reached its SIR maximum,
CONTRACTOR shall defend CITY in the same manner that insurers
would have defended CITY under required insurance policies.
f", Signattil-e vel-ification
Include documentation acceptable to Director verifying that the
individual signing or countersigning the certificates, and at Director's
request, the policies, endorsements, or other evidence of coverage, is
authorized to do so and identifies his or her company affiliation and title.
9- Ce/tfied Copies of any Policy
CITY'S request, CONTRACTOR shall promptly provide CITY with
complete, certified copies of any policy of insurance that
CONTRACTOR must secure and maintain under this CONTRACT.
h� Claims AdadelRetroactive Date
The policy retroactive date, which can be identified on any insurance
written on claims made basis, which must precede the Execution
Date. CONTRACTOR shall maintain any claims made coverage for
a period of not less than 3 years following expiration, termination, or
cancellation of this CONTRACT.
i, Instire d-vs, -instil-ed
Clearly evidence that all liability policies provide cross -liability
coverage as would be afforded by the standard ISO (Insurance
Services Office, Inc.) separation of insureds provision with no insured -
versus -insured exclusions or limitations.
5 . Insurer IFiinanciiall Ratina
CONTRACTOR shall secure insurance provided by an insurance company
acceptable to CITY with a rating by A.M. Best Company of not less than A:
VII, unless otherwise approved by CITY.
6. Notification of incidents, Claims, or Suits
CONTRACTOR shall promptly report the following in writing to Director:
City of Santa Clarita Exhibit 5: Page 102
a. Any accident or incident relating to the Task 1 services involving
injury or property damage that may result in the filing of an insurance
claim, its legal claim, or lawsuit against CONTRACTOR, any
Subcontractor, and/or CITY;
Any third -party claim or lawsuit filed against CONTRACTOR arising
from or related to Task 1 services-,
C. Any injury to a CONTRACTOR employee that occurs on CITY
property, or,
d, Any loss, disappearance, destruction, misuse, or theft of CITY
property, money, or securities entrusted to CONTRACTOR.
CONTRACTOR shall submit its report on a CITY "Nonemployee Injury
Report" form available on CITY'S website at
http-Hcao.co.1a.ca.us/RMB/pdf/NonEmployeelnjuryReport.pdf.
7. insurance Coveraae IRequiireirnents.
CONTRACTOR shall secure and maintain insurance coverage meeting the
following requirements -
a. General Liability lr7surar7ce (written on ISO policy form CG 00 01
or its equivalent) with limits of not less than the following:
General Annual Aggregate, $2 million
Prod ucts/Completed Operations Aggregate, $2 million
Personal and Advertising Injury- $1 million
Each Occurrence- $1 million
The general liability policy must provide contractual liability coverage
for CONTRACTOR'S indemnification of CITY.
b. Pollutioi,7 Liability Coverage for pollution conditions resulting from
transported cargo, with annual limits of not less than $2 million per
occurrence and $2 million aggregate, covering loss (including cleanup
costs) that CONTRACTOR becomes legally obligated to pay as a
result of claims for bodily injury, property damage, and cleanup costs
(including expenses required by environmental laws or incurred by
Federal, State, or local governments or third parties) resulting from
pollution conditions caused by transported cargo (including waste).
For the purpose of this Part 487b, "pollution conditions" includes the
dispersal, discharge, release, or escape of any solid, liquid, gaseous,
or thermal irritant or contaminant (such as smoke, vapors, soot,
fumes, acids, alkalis, toxic chemicals, medical waste, and waste
materials) into or upon land, any structure on land, the atmosphere, or
City of Santa Clarita Exhibit 5: Page 103
any watercourse or body of water (including groundwater), provided
the conditions are not naturally present in the environment in the
amounts or concentrations discovered. The pollution liability coverage
must provide contractual liability coverage, by endorsement, if
necessary, for CONTRACTOR'S indemnification of CITY.
CONTRACTOR'S general liability policy may be endorsed to provide
the required pollution liability coverage.
C. A ton7obile I...iability Coverage (written on ISO policy forms CA 00 12
or CA 00 20 or their equivalent) with a limit of liability not less than $2
million for each accident and endorsed to include pollution liability (written
on form CA 99 48 or its equivalent). The insurance must cover all
Vehicles used by CONTRACTOR pursuant to its operations and
services and the terms of this CONTRACT. CONTRACTORS subject to
Federal regulations also shall maintain any other coverage necessary to
satisfy State or Federal financial responsibility requirements.
dl orl(ers' Con? errsatiorr and n7 loyers' I....iability insurance
providing workers' compensation benefits required by the California
Labor Code or by any other State labor law, and for which
CONTRACTOR is responsible. In all cases, this insurance must also
include Employers' Liability coverage with limits of not less than the
following-
(1) Each accident: $1 million
(2) Disease - policy limit: $1 million
O Disease- each employee: $1 million
8. Insurance Coveraoe IRequiiireirnents for Subcontractors
CONTRACTOR shall ensure that all Subcontractors performing Task 1
services under this CONTRACT secure and maintain the insurance
coverage required in Part 481 through 87 by providing evidence that either:
o CONTRACTOR is maintaining the required insurance covering the
activities of Subcontractors, or
o Subcontractors are maintaining the required insurance coverage.
CONTRACTOR shall provide CITY with any Subcontractor request to
modify that insurance coverage and get CITY approval prior to modification.
Compensation for CII r'Y Costs
If CONTRACTOR fails to comply with any Performance Obligations, including
Indemnification, insurance, and performance assurance and that failure results in
any costs to CITY, CONTRACTOR shall pay full compensation for all CITY's
Reimbursement Costs.
City of Santa Clarita Exhibit 5: Page 104
I . AfteiririaHve Rink F::liinainciing [::Iirogiraii°pis
CITY reserves the right to review and then approve CONTRACTOR'S use of self-
insurance, risk retention groups, risk purchasing groups, pooling arrangements,
and captive insurance to satisfy Performance Obligations under this Part 48.
CITY and Persons named as additional insureds under Part 484d shall be
designated as an Additional Covered Party under any approved program.
City of Santa Clarita Exhibit 5: Page 105
PAII"R 1 6 IL.LMl::. MIL.....IN IF I.3IL�II......ACILNIL.....S AINIL.IL.II.AUI....IFS,- UII,)l::.::..IN IIOIN; FIIOIN
A. Notice of (Breach; C()IN LIRA(.',. (,"1R Cu ire
If Director determines that CONTRACTOR is in Breach, Director may give Notice
to CONTRACTOR identifying and describing the Breach.
CONTRACTOR shall remedy the Breach within 30 days from the receipt of Notice
unless Director determines that the public health and safety require a shorter period.
CONTRACTOR shall remedy a Breach or with respect to the Child Support
Compliance Program described in Part 118 of Exhibit 5, 90 days after notice by
CITY's Child Support Services Department. Director will hold a conference with
CONTRACTOR within 30 days of CONTRACTOR request. CONTRACTOR may
request additional time to correct the Breach, but Director may accept or reject that
request at its sole discretion.
B. C()IN FRA(.',. ()R Default. "Fhe folllowing constitute C()IN FRA(.',. (; R II::.)efaulIts
1.. (Fraud, IMisrepresentation, or Breach of Warranties
CONTRACTOR committed any fraud or deceit or made any intentional
misrepresentations in the procurement of this CONTRACT; commits, or
attempts to commit, any fraud or deceit upon CITY after the Date of this
CONTRACT; makes any material misrepresentations or breaches any
warranties in this CONTRACT (including Attachment 5-91H); or includes any
materially false or misleading statement, representation, or warranty in any
Record or Report.
.. insolvency or Bankruptcy
CONTRACTOR becomes insolvent or files a voluntary petition to declare
bankruptcy; a receiver or trust is appointed for CONTRACTOR; or
CONTRACTOR executes an assignment for the benefit of creditors.
CONTRACTOR is deemed to be "insolvent" if it has ceased to pay its debts
in the ordinary course of business or cannot pay its debts as they become
due, whether CONTRACTOR has committed an act of bankruptcy and
whether CONTRACTOR is insolvent within the meaning of the Federal
bankruptcy law or not.
3.. IFailure Io IProviide Insurance, (Bonds
CONTRACTOR does not provide or maintain in full force and effect all
insurance and other assurances of its Performance Obligations, including
as required under Part 4 of Exhibit 5 and Section 15, or provide evidence of
insurance coverage acceptable to Director.
City of Santa Clarita Exhibit 5: Page 106
4. INlateriiall or (Repeated Violation of Arplliicablle ILnaw
a. Any material Violation of Applicable l...alAl
That is not cured to the satisfaction of Director or applicable
Regulatory Agency within 30 days of the notice, assessment, or
determination of that Violation of Applicable Law; or
Any repeated Violation of Applicable l...alAl
If CONTRACTOR is entitled to and does contest a notice, assessment, or
determination of Violation of Applicable Law by proceedings conducted in
good faith, no CONTRACTOR Default will be deemed to have occurred until
a final decision adverse to CONTRACTOR is entered.
5. IFailure to Collect for Seven Daya
Unless due to Uncontrollable Circumstances or otherwise approved by
Director, CONTRACTOR fails to Collect from all Occupants with respect to
Task 1 services for seven consecutive calendar days.
6.. IFailure to Collect for INlore Than Seven Days
With respect to Task 1 Services, if due to Uncontrollable Circumstances,
CONTRACTOR fails to Collect from all Occupants for a period of more than
seven consecutive calendar days.
7. Payments to CITY
CONTRACTOR does not timely and fully make any required payment to
CITY required under this CONTRACT (including payments such as Contract
Fees, damages, or CITY's Reimbursement Costs):
a. Adore than twice in any Calendar bear;
Within 66 days of Notice by Director th at payment is due,� or
e. With respect to payment of a shortfall in Contract Fees, within
60 days of Notice in accordance dance with Section 9C.
3.. Sioeciifiied CONTRACTOR Defaults
CONTRACTOR Breaches any of the following Sections:
a. Part .1.16 of Exhibit 5 Child Support Compliance Program
(if not cured within 90 days of Notice given as described in Part 6 of
Exhibit 5);
City of Santa Clarita Exhibit 5: Page 107
Via. Czar 12C 1 o f Exhibit 5 C o m p I I u n c o with II...0 Convention
Coy el-ning Adininm/77 Ago fcr Employment"
C Czar °I U olf Exhibit Nondiscl-in7ination,
Czar °I C o i` E hihll 5 CI.I.. , Lobbyist 01-di ance..
.. Uncured or Repeated Breach
CONTRACTOR does not timely cure any other Breach in accordance with
item A or CONTRACTOR Breaches any of its Performance Obligations
repeatedly or habitually, as determined by Director at their sole discretion,
if a specific instance of failure or refusal has been previously cured.
However, this CONTRACTOR Default will be excused for a period of seven
days beginning on the first occurrence of that CONTRACTOR Default in the
event of Uncontrollable Circumstances, if the event materially affects
CONTRACTOR'S ability t o provide T a s k 1 services. Nevertheless, if
Uncontrollable Circumstances interrupt, Collection, Customers and
Occupants may take actions and CITY may exercise any of its rights under
Section 11. This CONTRACTOR Default will not be excused if it continues
for a period of more than seven days beginning on the first occurrence of
this CONTRACTOR Default.
19.. Improper Consideration
CITY finds that consideration, in any form, was offered or given by
CONTRACTOR either directly or through an intermediary to any CITY
officer, employee, or agent with the intent of securing this CONTRACT or
securing favorable treatment with respect to the award, amendment, or
extension of this CONTRACT or the making of any determinations with
respect to CONTRACTOR'S performance under this CONTRACT where
that consideration may take any form including cash; discounts; service; or
the provision of travel, entertainment, or tangible gifts.
11.. Default Under Guaranty
A default exists under the guaranty, if any, provided in the most recent annual
public financial reports and other periodic public financial reports of
CONTRACTOR and, at Director's request, each of its Affiliates and other
entities, if any, performing Contract Services or providing Goods or Services;
provided however, that if CONTRACTOR did not submit its own financial
reports before the Execution Date of this CONTRACT, it must provide a
guaranty in the form provided by Director, by a guarantor satisfactory to
Director, which guarantor must provide its own audited financial reports;
City of Santa Clarita Exhibit 5: Page 108
C. Notice of C( )N r'RA(..',"'r'(DR I )efauft
1 Effective limirnediately
CITY may terminate this CONTRACT effective immediately after Notice by
Director to CONTRACTOR of any of the following CONTRACTOR Defaults:
a.. Any CON TRAC FOR 1)efault, if Cl FY deteirnines th a t pi otection of
ptiblic health and safety ieqtil I ies irnrnediate stispension or
teirnination,
b, A CONTRACFOR I)efault in Part 683 of IC Ilrlil lid5 (failtue to
piovide instuance, bonds),
C' A CONTRACFOR 1)efault desciibed in Part 684 of Exhibit5
(rnatrenal or repeated Violation of Applicable Law, inchiding
Cl FY L obbyist Ordinance),-
d, A CONTRACFORI)efault described inPart 6810of Exhibitr 5
(irnpiopei consideiation),
2. Effective 30 Days
CITY may terminate this CONTRACT effective 30 days after Notice by
Director to CONTRACTOR of any CONTRACTOR Default other than
CONTRACTOR Defaults listed in this Part 6C1 of Exhibit 5 or termination
events listed in Part 6D of Exhibit 5.
3 Effective 15 Days
CITY may terminate this CONTRACT effective 15 days after Notice by
Director to CONTRACTOR of CITY'S right to terminate this CONTRACT
in the event of Criminal Activity in accordance with Part 9K of Exhibit 5 and
Part 6D2c of Exhibit 5.
D, Susjl.)ension m 11 errr0naflon of C(DN FRA C , 'F
1. Suspension
Together with any other rights CITY may have under this CONTRACT,
Director may suspend this CONTRACT, in whole or in part, for a period of
45 days effective immediately upon Notice to CONTRACTOR in any of the
following events:
a, A CONIRA Cjr OR Defatilt
b, C/Ir Y Right
CITY exercise of its right to suspend this CONTRACT under Part
9K of Exhibit 5 in the event of Criminal Activity of CONTRACTOR;
or
City of Santa Clarita Exhibit 5: Page 109
C, Other
Any other CONTRACTOR Default in Exhibit 3A1.
During that 45-day period CONTRACTOR shall have the opportunity to
demonstrate to Directorthat CONTRACTOR can once again fully perform
Task 1 Services in accordance with this CONTRACT. If CONTRACTOR
so demonstrates, CITY'S right to suspend this CONTRACT will cease
and CONTRACTOR may resume providing services. If CONTRACTOR
does not so demonstrate, CITY may continue the suspension and
terminate this CONTRACT and exercise any other rights and remedies
under this CONTRACT.
1 Termination
CITY may terminate this CONTRACT, in whole or in part, upon the
occurrence of a CONTRACTOR Default and Notice to
CONTRACTOR at the times provided in Part 6D3 of Exhibit 5.
b, Failure to Agree on Service 1:: C j stI77e is
Notwithstanding the foregoing, CITY may terminate this
CONTRACT on 6 months' Notice if in the judgment of Director,
CITY and CONTRACTOR are unable to reach satisfactory
CONTRACT to adjust Service Fees in accordance with items 8, C,
D, and E of Exhibit7 for a Change in Law or changes in Service
Specifications or Service Standards after good faith negotiations
during a period of at least 30 days.
c. C111 lnl Activity
CITY may terminate this CONTRACT upon Notice required in
Part 6C of Exhibit 5 if CITY exercises its right to terminate this
CONTRACT under Part 9K of Exhibit 5 in the event of Criminal
Activity of CONTRACTOR.
City of Santa Clarita Exhibit 5: Page 110
"All 1 OII:::::' CGN I II:::ZAC I
CONTRACTOR may not Transfer this CONTRACT, or any rights or duties under
it, in whole or in part, and whether voluntarily or involuntarily, without CITY'S prior
written consent given at CITY'S sole discretion. Any Transfer or attempted
Transfer of this CONTRACT, or any rights and duties under it, made without
CITY'S consent, at CITY'S option, will be invalid. CITY'S consent must be a
written amendment to this CONTRACT that is formally approved by the City
Council and executed by (1) CONTRACTOR and (2) the City Council, or if delegated
by the City Council, Director. Any Transfer, with or without consideration for any
reason whatsoever without CITY'S (or Director's, if applicable) express prior
written approval, shall be a Breach of this CONTRACT, which may result in the
termination of this CONTRACT. In the event of such termination, CITY shall be
entitled to pursue the same remedies against CONTRACTOR as it could pursue
in the event of default by CONTRACTOR. CITY may condition consent on payment
of amounts specified in Exhibit 3A1, and Exhibit 3A3.2 in consideration forthe value
of good will and intangibles that accrued to CITY and Customers and Occupants in
the award of this CONTRACT to CONTRACTOR.
"Transfer" means an action (or inaction) that has any of the following direct (or
indirect) effects:
1.. Control) or Ownership of CONTRACTOR
OR
Changing any or all of the following:
• The effective control of CONTRACTOR, or
• Ownership interest of CONTRACTOR (including buyout, merger,
acquisition, consolidation, reorganization, recapitalization, stock
(re)issuance, voting trust, pooling agreement, escrow arrangement,
dissolution, or liquidation (except to Immediate Family or a trust
created primarily to benefit members of the Immediate Family)
unless CONTRACTOR proves to satisfaction of CITY less than
25 percent of ownership interest has changed;
2. Control) or Ownership of Contract Service Assets
Changing either or both of the following:
• The effective control.
• The ownership (actual or constructive) of Contract service assets
(exceipt for sales or Transfers to the Immediate Family or a trust
created primarily to benefit the Immediate Family) unless
CONTRACTOR proves to satisfaction CITY that less than
20 percent of the value of contract service assets has changed
ownership.
................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
City of Santa Clarita Exhibit 5: Page 111
0. Someone Other Than CONTRACTOR IPerforrniina Contract Services
Resulting in someone other than CONTRACTOR performing contract
services or assuming the obligation to provide contract services (including
substitution of someone else by a surety company providing a performance
bond, franchise assignment, transfer, conveyance, sublease, or licensing).
For purposes of this definition, an action (or inaction) includes assignment
by operation of law, such as insolvency or bankruptcy, making assignment
for the benefit of creditors, writ of attachment of an execution levied against
this Agreement, appointment of a receiver taking possession of any of
CONTRACTOR's tangible or intangible property, or transfer occurring in a
probate or other estate proceeding.
"Immediate Family" means parents, grandparents, siblings, children, and
grandchildren of individuals having a shareholder or other equity interest in
CONTRACTOR as of the Commencement date.
"ownership" means the state or fact of being the direct (or indirect), actual (or
constructive) owner of property, including a parent holding corporation owning
stock of a subsidiary corporation that in turn owns stock in its own subsidiary
corporation(s).
B . f."A' 0 N ..IF lz: ,,A (.'A IF O I::�, Il:::)e irn,i o in st ira t i o irl
Without obligating Director to give consent, CONTRACTOR shall demonstrate to
Director's satisfaction that the proposed transferee has the operational and
financial ability to satisfy CONTRACTOR'S Performance Obligations.
C. [l)ayrneirµ t of` CII..I_Y's ..I..rainsfeir Cos� .s
1. Transfer IDeposit
CONTRACTOR must make any request for Director's consent to a Transfer
in the manner prescribed by Director. Director may condition consent to
any Transfer, other than a Transfer to an Affiliate, on CONTRACTOR'S
payment to CITY of $5.00 per Customer. CONTRACTOR shall pay CITY
a Transfer Deposit before Director's consideration of CONTRACTOR'S
request. CITY will return to CONTRACTOR any amounts paid more than the
Transfer Costs incurred.
City of Santa Clarita Exhibit 5: Page 112
. Addiitiionall I r.ansfe. r° Costs
While CITY'S processing CONTRACTOR'S request for Transfer,
CONTRACTOR shall further pay CITY its additional Transfer more than the
Transfer Deposit within 30 days of Director's request therefore, if
Director approves the Transfer. At CONTRACTOR'S request, CITY will
provide CONTRACTOR access to all records evidencing the Transfer Costs
incurred.
D. CI..IFY's Costs of III ir�t��rrrr�xrr�air�.
In addition, CONTRACTOR shall pay CITY's Reimbursement Costs for fees and
investigation costs as CITY may deem necessary to enjoin the Transfer or to
otherwise enforce this provision within 30 days of CITY'S request therefore.
Any payment by CITY to any approved delegate or transferee on any claim under
this CONTRACT shall be deductible, at CITY's sole discretion, against the claims
which CONTRACTOR may have against CITY.
City of Santa Clarita Exhibit 5: Page 113
1:=1Al1:�F I::1I1::: /IISIIGNS
A. Exercise of (:)ptlioins
Parties will exercise any approval, disapproval, consent, judgment, option,
discretion, election, opinion, or choice under this CONTRACT, make a requirement
under this CONTRACT or interpret this CONTRACT ("Discretionary Action")
reasonably. Any mediator, arbitrator, or court must find the Party's exercise to be
reasonable. Recognizing the essential public health and safety protections this
CONTRACT serves, where this CONTRACT specifically provides that the exercise
of any Discretionary Action is in either Party's independent, sole, exclusive, or
absolute discretion, control, or judgment, the other Party will not question or
challenge the first Party's exercise thereof. Parties will nevertheless exercise their
rights and remedies in good faith in accordance with Applicable Law.
B. liridelpeiiideiirtl Slalu,. S
CONTRACTOR is an independent entity and not an officer, agent, servant, or
employee of CITY. This CONTRACT is between CITY and CONTRACTOR and
is not intended, and will not be construed, to create the relationship of agent,
servant, employee, partnership, joint venture, or association between CITY and
CONTRACTOR, including for purposes of workers' compensation.
CONTRACTOR is solely responsible for the acts and omissions of its officers,
agents, employees, and any Subcontractors. Nothing in this CONTRACT will be
construed as creating an arrangement for handling Unpermitted Waste.
CONTRACTOR bears the sole responsibility and liability for furnishing workers'
compensation and all other benefits required by law to any individual for injuries
arising from or connected with Task 1 Services performed on behalf of
CONTRACTOR under this CONTRACT.
C. Dairnage to III::)iropeirty and Peirsoirialll hljuir'y
CONTRACTOR shall not cause damage to property or personal injury. At its sole
expense, CONTRACTOR shall repair or replace to the satisfaction of the owner of
damaged property, any physical damage to public or private property and shall
reimburse to the satisfaction of an injured individual, the cost of any personal injury
caused by the negligent or willful acts or omissions of CONTRACTOR. CITY may
refer all complaints of damage or injury to CONTRACTOR as a matter within
CONTRACTOR'S sole responsibility. Notwithstanding any Rights CITY has for
breach of CONTRACT, disputes between CONTRACTOR and Persons as to
damage to private pavement or other property or to injury are civil matters between
CONTRACTOR and that Person, and the Person may institute suits with respect
thereto as allowed by law.
City of Santa Clarita Exhibit 5: Page 114
D. Venue
In the event of litigation between the Parties, venue in State of California trial courts
will lie exclusively in CITY. In the eventof litigation in a United States District Court,
exclusive venue will lie in the Central District of California.
::::. Changes and Aiq'iendiq'i ents
'L Chances follllowiina INotice,
The following changes in this CONTRACT after the Execution Date will be
effective after Notice from Director to CONTRACTOR (or with respect to
certain changes referenced in item b, from CONTRACTOR to Director, in
accordance with Section 3D2a) as consented to by CONTRACTOR:
a. Changes in the scope of I.. sk 1 Services and ado/"olco
Specifications and m l o l m s m Service Standards t.ha t. d o n o t
result in a Customer Service Fee adjustmentin accordance with
Section 3C.
b, Changes to Exhibit 3D CON I..,RAC.I..rOR Documentation
C. Changes to Attachment 5... C Authorized Representative of Director
d. Immaterial changes to im
material raraat�orlal Performance Obligations
2. Written Amendments
The following changes in this CONTRACT after the Execution Date will be
effective only upon execution of a written amendment to this CONTRACT,
including warranties by the Parties in accordance with Section 148:
U. Changes in the scope of Task 1 Services and Service Standards
that result in a Customer Service Fee adjustment in accordance
with Section 3C; and
b, Material changes to material Performance Obligations (such as the
period of performance, payments, or any material term or condition
included in this CONTRACT).
I::::. Notices
All Notices required or permitted to be given under this CONTRACT must be in
writing with proof of delivery and acknowledgment by recipient. All Notices to
CITY must be addressed to Director as provided in Attachment 5-9G, on
CONTRACTOR letterhead, and signed by authorized representative. All Notices
to CONTRACTOR must be addressed to the authorized representative of
City of Santa Clarita Exhibit 5: Page 115
CONTRACTOR named in CONTRACTOR Documentation in Exhibit 3D (who will
be CONTRACTOR'S primary contact under this CONTRACT).
CITY Notice to CONTRACTOR is deemed effective on the date delivered with
evidence of receipt or three days after the date of mailing, as evidenced in proof
of mailing and post -marked date on envelope.
Notices of suspension or termination of this CONTRACT may be personally
delivered to any individual whose actual knowledge of suspension or termination
would be sufficient notice to CONTRACTOR, including:
1. An individuallo if CONTRACTOR its a solle iwoprietor:
. Copartner, if CONTRACTOR its a partnershir): or
3. The president, viice president, secretarvaor aenerall
m a n a a e r a ii f CONTRACTOR its a corporation.
m. AuAlhorlized Rell,,)reseirn alive of` Diiicectoir
CITY authorizes Director to make requests or requirements of CONTRACTOR or
give approvals under this CONTRACT, excluding consents to Transfer or written
amendments of this CONTRACT. The authorized representative of Director
named in Attachment 5-9G is CONTRACTOR'S primary contact under this
CONTRACT and can be contacted as provided in Attachment 5-9G.
CONTRACTOR shall give that authorized representative a copy of all Notices in
accordance with Part 9F of Exhibit 5. From time to time, Director may change
Attachment 5-9G by Notice to CONTRACTOR.
H. AuAlhoiriily air d II:Rer,)iceseritatiioris,- cIrrY Disc�aiii°nei
. CITY
CITY represents and disclaims as follows:
a.. Status
CITY is a political subdivision of the State of California.
ritroc-it y and tithoc-f ation
CITY has full legal right, power, and authority to execute and
deliver this CONTRACT and perform its obligations under this
CONTRACT. This CONTRACT has been duly executed and
delivered by CITY and constitutes a legal, valid, and binding
obligation of CITY enforceable against CITY in accordance with its
terms.
City of Santa Clarita Exhibit 5: Page 116
°Characterization o.sie Warranty.�o2or�2 ���
CITY makes no representations or warranties with respect to the waste
characterization within CITY, any waste disposal characterization
study, or projections by material type with respect to waste in CITY.
CITY expressly disclaims any representations and warranties, either
express or implied, as to the merchantability or fitness for any
purpose of Solid Waste or any portion thereof.
2.. CONTRACTOR
CONTRACTOR represents and warrants as provided in Attachment 5-9N.
I...liii "litatlioin on " I...er°rrris and (...oindlitlioins
With respect to Task 1 only, CONTRACTOR shall limit the terms of terms and
conditions to no longer than the remaining period of the Term. CONTRACTOR
may not include in the terms of terms and conditions any automatic renewals or
extensions, colloquially referred to as "evergreen" clauses, which obligate a
Customer to take affirmative, prescribed action (such as written notice within a
specified time before the stated expiration of the terms and conditions) to terminate
the terms and conditions.
J. 21...Eoy Notice by Cu,. sorneir
CONTRACTOR shall give each Customer the option to terminate its terms and
conditions without cause on 21-days' notice. CONTRACTOR shall refund any
advanced payment for service after termination.
K. ('. ir1i irn li in a iI Activity
Emm
CONTRACTOR shall immediately give Notice to Director on the occurrence
of any convictions of a Criminal Activity or any pleas of "guilty," "nolo
contendere," or "no contest' to a Criminal Activity with respect to
CONTRACTOR or any of its CONTRACTOR Managers (except for
CONTRACTOR Managers in a Position of Influence). CONTRACTOR shall
use Reasonable Business Efforts to immediately give Notice to Director on
the occurrence of any convictions or any pleas with respect to
CONTRACTOR or any of its CONTRACTOR Managers in a Position of
Influence, and any of its CONTRACTOR employees who come in direct
contact with the residents.
City of Santa Clarita Exhibit 5: Page 117
CON FRAC FOR Cure
Upon the occurrence of any conviction or any plea described in Part 9K1 of
Exhibit 5, CONTRACTOR immediately shall do or cause to be done both of
the following:
aria Terminate
Terminate from employment or remove from office any offending
CONTRACTOR Manager who is an individual, or with respect to
CONTRACTOR or an Affiliate, the individual or individuals
responsible for the Criminal Activity; and
Bilnlnato
Eliminate the participation in management of CONTRACTOR by that
CONTRACTOR Manager who is an individual or, with respect to
CONTRACTOR or an Affiliate, the individual or individuals
responsible for the Criminal Activity from any Position of Influence.
CII FY Remedies
CITY may suspend or terminate this CONTRACT or may impose other
sanctions (which may include financial sanctions or any other condition
deemed appropriate short of suspension or termination), as it deems
proper, in either or both the following events:
11'. CONIRACIORor an
V Affillato fails to effectuate the
c u r o described to Part 9K2 of E�ohibit 5, or
. I..he Criminal Activit.h is related to this CON .I..CCC.I... or occurring
to CI.I... °
4. I1......iimiitatiions on CON FRAC FOR IManaoer
No CONTRACTOR Manager may have previously been convicted of a
Criminal Activity or any plea of "guilty," "polo contendere," or "no contest" to
a Criminal Activity.
5. CON FRAC FOR Documentation
CONTRACTOR shall list all CONTRACTOR Managers in CONTRACTOR
Doct
I.,. Delay of If:::Ier,forr,"nance (, blligations
Immediately upon learning that any actual or potential circumstance is delaying or
threatening to delay the timely satisfaction of Performance
Obligation,
City of Santa Clarita Exhibit 5: Page 118
CONTRACTOR shall give Director a Notice of the delay, including all relevant
information, such as identifying the Performance Obligation, circumstance, and
duration of the delay, and whether or not CONTRACTOR believes that the delay
is due to Uncontrollable Circumstances. CONTRACTOR shall propose a solution
for Director approval.
I .. Subcontiracto r
CONTRACTOR shall not engage any Subcontractor in an amount exceeding $50,000
for any individual Subcontractor without prior Director approval of the Subcontract and
Subcontractor. CONTRACTOR is responsible for directing the work of
CONTRACTOR'S Subcontractors and any compensation due or payable to
CONTRACTOR'S Subcontractors is the sole responsibility of CONTRACTOR.
CONTRACTOR shall remove any approved Subcontractor for good cause at
Director's request. CONTRACTOR shall identify all Subcontractors in
CONTRACTOR Documentation in Exhibit 3D. In its Annual Report, CONTRACTOR
shall disclose to Director the name of all Subcontractors, the amount of Goods or
Services that each Subcontractor provides to CONTRACTOR, and a description of
CONTRACTOR'S relationships to each Subcontractor (including ownership
interests).
City of Santa Clarita Exhibit 5: Page 119
f 1Alf � F 10.. C::i I[:::::.If II III II FII GN S &N I[..' II III I[:::::.If elf If l[:::::. FA FII GN Gl: = C O1I Fl: SAC F
A. DE:1flii[IItli0 [1S
Defined words in this CONTRACT have the meanings given in Attachment 5-10A.
B. Mirµ)tE:111°I irE:Itatiioiiµi ar° d ', 01[')stiruC l01[')
Gender and IPIIuralliity
Words of the masculine gender include correlative words of the feminine
and neuter genders and vice versa. Words importing the singular number
include the plural number and vice versa unless the context demands
otherwise. (For example, reference to a defined "Solid Waste Facility" may
include reference to more than one facility identified by CONTRACTOR in
CONTRACTOR Documentation in Exhibit 3D.)
2.. IHeadings; (Font
Any captions or headings following the Exhibit, Attachment, Section,
subsection, paragraph, and other attachments and subdivisions of this
CONTRACT that precede the operative text of this CONTRACT are for
convenience of reference only and do not control or affect the scope, intent,
meaning, construction, interpretation, or effect of this CONTRACT. Any
underlined, italicized, bold-faced, upper captioned or other font style is for
ease of reading and contract administration only and does not imply relative
importance or unimportance of any provision of this CONTRACT.
3. References to I1::1arts
References to Sections refer to Sections of this CONTRACT, unless
specified otherwise. References to Exhibits and Attachments refer to
Exhibits and Attachments attached to this CONTRACT. Reference to
"subsections" refers to the subsections contained in the same Section in
which the reference occurs, unless otherwise referenced.
4.. Examples
Examples are for purpose of illustration only. If any example is ambiguous,
inconsistent, or conflicts with the text that it illustrates, the text governs.
5. SirDeciifiics INo Limitation on Generalities
The mention of any specific duty or liability imposed on CONTRACTOR may
not be construed as a limitation or restriction of any general liability or duty
imposed on CONTRACTOR by this CONTRACT or Applicable Law.
City of Santa Clarita Exhibit 5: Page 120
The exhibits to this CONTRACT, including their attachments, are part of this
CONTRACT to the same extent and effect as if included in the text of
Sections 1 through 16.
.7. inconsistencies and Conffiicts
a. If any provision of Exhibits 3A1, or 3A3.2 is inconsistent or
conflicts with Sections 1 through 16 or Exhibit 5 of this CONTRACT
or any other Exhibits or Attachments to this CONTRACT, then the
provisions of Exhibits 3A1, and 3A3.2 will govern, and
b. If any provision of Sections 1 through 16 or Exhibit 5 of this
CONTRACT is inconsistent or conflicts with any Exhibit (other than
Exhibits 3A1, or 3A3.2), including CONTRACTOR Documentation,
then the provision of Sections 1 through 16 or Exhibit 5 of this
CONTRACT will govern unless Director determines that it is contrary
to the interest of the Parties.
C. Integration
This CONTRACT contains the entire CONTRACT between the Parties with
respect to the rights and responsibilities of the Parties under this CONTRACT.
This CONTRACT completely and fully supersedes all prior oral and written
understandings and contracts between the Parties with respect to those rights and
responsibilities.
: g Law
II . .�r�vc it°ireir�� li
This CONTRACT is governed by, and construed and enforced in accordance with
the law of the State of California, without giving effect to the State's principles of
conflicts of laws.
Severabiilliity
If any clause, sentence, provision, subsection, or Section of this CONTRACT or
Exhibit to this CONTRACT (a "CONTRACT Provision") is ruled illegal, invalid,
nonbinding, or unenforceable by any court of competent authority, then the Parties
will take the following actions:
Promptly meet and negotiate a substitute for the CONTRACT Provision and
any related amendments, deletions, or additions to other provisions of this
CONTRACT, which together effect the Parties' original intent to the greatest
extent allowable under Applicable Law; and
City of Santa Clarita Exhibit 5: Page 121
. If necessary or desirable to accomplish preceding item 1, apply to the court
that declared the invalidity for a judicial construction of the substituted
CONTRACT Provision and any amendments, deletions, or additions to this
CONTRACT. Within ten days of Director's request, CONTRACTOR shall
pay CITY an amount equivalent to 100 percent of the Direct Costs of the
application.
The illegality, invalidity, nonbinding nature, or unenforceability of any CONTRACT
Provision will not affect any of the remaining provisions of this CONTRACT, and
this CONTRACT will be construed and enforced as if the CONTRACT Provision
did not exist.
II nter..l.)retation
This CONTRACT will be interpreted and construed neither for nor against either
Party, regardless of the degree to which either Party participated in its drafting.
CONTRACTOR acknowledges that it determined to provide Contract Services in
the Service Area and to execute this CONTRACT upon CONTRACTOR'S own
choice and initiative. Each Party represents and warrants that it and its counsel
have reviewed this CONTRACT, and the Parties agree that no provision in this
CONTRACT will be construed against the drafting Party.
City of Santa Clarita Exhibit 5: Page 122
f 1Alf � F 11 CO11MIf 111.II&NCI[:::::. WII FII II IL....AWS All [..'i If l[:::::. IL....A FII OINS
A. All 11 lliicalble IU....aw
CONTRACTOR shall secure and maintain all permits, licenses, registration,
agreements, and comply with all Applicable Laws, including (as required by
13 CCR 2021.1) all applicable air pollution control laws such as Diesel
Particulate Matter Control Measure of on -road, heavy-duty, and the
Property Tax Reduction Ordinance. No obligation in this CONTRACT may
be construed to relieve CONTRACTOR of any obligations imposed by
Applicable Law.
CONTRACTOR shall be fully responsible for possessing and keeping
current and/or obtaining any required licenses/permits from the appropriate
Federal, State, or local authorities for work to be accomplished under this
CONTRACT, including, but not limited to, a valid Waste Collector Permit
issued by CITY Department of Public Health, Green Waste Quarantine Zone
compliance agreement from California Department of Food and
Agriculture, waste and used tire hauler registration from CalRecycle, and
hazardous waste transportation permit from CalRecycle.
CONTRACTOR shall secure and maintain valid waste and used tire hauler
registration therefore in accordance with California Public Resources Code
Section 42950 et seq. and any Permit required by Applicable Law for
handling E-waste. CONTRACTOR shall transport tires to and Dispose of
them at a facility authorized and permitted in accordance with Applicable
Law to accept tires. CONTRACTOR shall comply with all applicable
regulations governing the recovery of ozone -depleting refrigerants during
the Disposal of air conditioning or refrigeration equipment, including 40
C.F.R. Part 82.
2. Referenced Provisions
References in this CONTRACT to provisions or requirements of Applicable
Law may not be construed to limit CONTRACTOR'S obligation to comply
with all provisions of Applicable Law. Those references are intended to
facilitate CONTRACTOR'S satisfaction of its Performance Obligations and
CITY'S administration and specific enforcement of this CONTRACT and
may not be construed to constitute lack of obligation to comply with other
provisions or requirements of Applicable Law not specifically referred to or
cited in this CONTRACT. If any provision of this CONTRACT is more
stringent than Applicable Law, CONTRACTOR shall comply with that
provision.
City of Santa Clarita Exhibit 5: Page 123
.. IFines and Penalties
CONTRACTOR is solely liable for all fines and penalties that may be
imposed on CONTRACTOR or may be due to CONTRACTOR'S actions,
including fines and penalties that are the result of CONTRACTOR'S
Violation of Applicable Law (including Permits). CONTRACTOR shall not
seek reimbursement from CITY, Customers, or Occupants for any fines or
penalties.
4.. Contractuall0lblliioatiions
Provisions of Applicable Law are incorporated in this CONTRACT by
reference as if set forth fully in this CONTRACT as contractual obligations
of CONTRACTOR to CITY.
a. Breaches
In addition to or in lieu of prosecuting violations of those provisions
as misdemeanors, infractions, or otherwise in the manner provided
underApplicable Law, CITY may enforce those provisions in the same
manner as it may enforce CONTRACTOR'S other contractual
obligations under this CONTRACT, including specific performance
and as Breaches subject to cure in accordance with Part 6A of
Exhibit 5. However, CITY has no obligation to enforce any
Applicable Law.
b, Violation
Violation of Applicable Law is a CONTRACTOR Default subject to
contest as provided Part 64 of •
5.. CIITI Y's Protection of IPublic Safety. Health, and Welfare
CONTRACTOR acknowledges that CITY is authorized to make all
necessary and reasonable rules and regulations regarding all aspects of
MSW Management Services to protect the public's health, safety, and
welfare.
No provision in this CONTRACT is deemed to limit the power of CITY to
regulate CONTRACTOR or to take any action as CITY deems
appropriate or necessary in Director's sole and absolute discretion, under
CITY'S police power, including to protect the public's health, safety, and
welfare.
City of Santa Clarita Exhibit 5: Page 124
8.. Coirnplliiance with Aiplliicablle Law of CITY
CONTRACTOR shall comply with Applicable Law of CITY subject to
possible adjustments in the Service Fees in the event of Changes in Law in
accordance with items 8, C, D, and E of Exhibit7.
City of Santa Clarita Exhibit 5: Page 125
I abour Code
CONTRACTOR and its agents and employees are bound by and shall comply
with all applicable provisions of the California Labor Code as well as all other
Applicable Laws related to labor. By and through its execution of this
CONTRACT, CONTRACTOR represents and warrants that it is aware of and
understands the provisions of California Labor Code Section 3700, which
requires every employer to be insured against liability of Workers' Compensation
or to undertake self-insurance in accordance with those provisions before
commencing the performance of work under this CONTRACT and agrees to fully
comply with those provisions.
III o un lu s , uriu ur° lu un a t°iu o un
CONTRACTOR and its Affiliates shall employ qualified applicants and treat
employees equally without regard to or because of race, color, national
origin, ancestry, religion sex, age, physical or mental disability, marital status,
or political affiliation and in compliance with all State of California and
Federal antidiscrimination laws, including in employment, upgrading,
demotion, transfer, recruitment, recruitment advertising, layoff, termination,
Service Fees of pay, other forms of compensation, and selection of training
(including apprenticeship).
Subcontractors, Bidders, and Vendors
CONTRACTOR shall deal with its Subcontractors, bidders, and vendors
without regard to or because of race, color, national origin, ancestry, religion,
sex, age, physical or mental disability, marital status, or political affiliation.
.. Certifica-tion
CONTRACTOR shall comply with the provisions of CONTRACTOR'S EEO
Certification (Form PW-7), attached as CONTRACTOR Documentation.
City of Santa Clarita Exhibit 5: Page 126
4.. Inspection of Records
At CITY'S request, CONTRACTOR shall promptly allow CITY and its auditors
or reviewer access to CONTRACTOR'S employment records at
CONTRACTOR'S Office during CONTRACTOR Office Hours to verify
compliance with the provisions of Part 12E of Exhibit 5.
5.. Remedies for (Discrimination
If CITY finds that CONTRACTOR has violated any provisions of this
subsection D, that violation constitutes a CONTRACTOR Default. While CITY
reserves the right to determine independently that the antidiscrimination
provisions of this subsection D have been violated, in addition, a
determination by the California Fair Employment Practices Commission or the
Federal Equal Employment Opportunity Commission that CONTRACTOR has
violated State of California or Federal antidiscrimination laws will constitute a
finding by CITY that CONTRACTOR has violated the antidiscrimination
provisions of Part 12D of Exhibit 5.
C. Safely
1.. Services Safety Offuciall
CONTRACTOR shall designate in CONTRACTOR Documentation in Exhibit
3D a Services Safety Official who shall be thoroughly familiar with
CONTRACTOR'S Injury and Illness Prevention Program (IIPP) and Code of
Safe Practices (CSP). CONTRACTOR shall ensure that the Services Safety
Official is available always Task 1 Services are provided to abate any potential
safety hazards. CONTRACTOR shall give the Services Safety Official the
authority and responsibility to cease performing any service if necessary to
abate any potential safety hazard. If CONTRACTOR fails to designate or
make available the Services Safety Official, CITY may direct CONTRACTOR
to cease providing Task 1 Services at no cost to CITY until CONTRACTOR
complies with this Section.
2.. Safety Responsibilities
CONTRACTOR is responsible for the safety of equipment, material, and
personnel under CONTRACTOR'S control or authority during performance
of Task 1 Services. CONTRACTOR is solely responsible for ensuring that
all work performed under this CONTRACT is performed in strict compliance
with all Applicable Laws with respect to occupational safety regulations.
CONTRACTOR shall provide at its expense all safeguards, safety devices,
protective equipment, and shall take all actions appropriate to providing a
safe job environment.
City of Santa Clarita Exhibit 5: Page 127
GI III,,„6bIby,lusts
CONTRACTOR and each CITY lobbyist or CITY lobbying firm as defined in CITY
Code Section 7.03.010, retained by CONTRACTOR shall fully comply with CITY
Lobbyist Ordinance.
City of Santa Clarita Exhibit 5: Page 128
A IF FACHIMIEN IF u ,thoirii ,e II elpiresen'tabive of CII IFY's [11irec,toir
HMMMR��# MRM�M I
E-mail Address -
Environmental Services Division
23920 W. Valencia Boulevard
Santa Clarita, CA 91355-
Established by Director -
Signature - -------------------------
Printed Name: — — — — — — — — — — — — — — — — — — — — — —
Date- — — — — — — — — — — — — — — — — — — — — — — — — — — — — —
Signature - --------------------
Printed Name: — — — — — — — — — — — — — — — — — — —
Title- — — — — — — — — — — — — — — — — — — — — — — — — — — —
Date- ----------------------------
City of Santa Clarita Exhibit 5-9G: Page 129
A...F..FACII IIIIMI[:::::.IIV F 5...9 1....1... CGIN II II::::ZAC II OIf:::Z's I1::::Zepiresentatlions and Wairrandes
A. S la h,. s
CONTRACTOR is duly organized, validly existing and in good standing under the
laws of and is qualified to do business in the State of California with full power and
authority to execute and deliver this CONTRACT and to perform its Performance
Obligations. This CONTRACT has been duly executed and delivered by
CONTRACTOR and constitutes a legal, valid, and binding obligation of
CONTRACTOR enforceable against CONTRACTOR in accordance with its terms.
E. Sl lerneiin1s mind ainfoisii-mflioin
All information and documentation complied, drafted, made or otherwise delivered
to CITY by or on behalf of CONTRACTOR relating to this CONTRACT,
including its procurement, is correct and complete in all material respects as of the
Execution Date and at the time originally submitted by CONTRACTOR to CITY.
C'. No Cloinfllicts
Neither the execution or delivery by CONTRACTOR of this CONTRACT, the
performance by CONTRACTOR of Contract Services, nor the fulfillment by
CONTRACTOR of the terms and conditions of this CONTRACT: (1) conflicts with,
violates, or results in a breach of any Applicable Law; (2) conflicts with, violates, or
results in a breach of any term or condition of any judgment, order or decree of
any court, administrative agency or other governmental authority, or any
CONTRACT or instrument to which CONTRACTOR is a party or by which
CONTRACTOR properties or assets are bound, or constitutes a default.
D. No AII',)II',)iro ails Il:Requliired
CONTRACTOR has obtained and maintains all Permits in full force and effect
during the Term. No other approval, authorization, license, permit, order, or
consent of, or declaration, registration, or filing with any governmental or
administrative authority, commission, board, agency, or instrumentality is required
for the valid execution and delivery of this CONTRACT by CONTRACTOR, except
those as have been duly obtained from its governing body, CONTRACTOR shall
immediately provide Notice to Director of any notice of violation, revocation, or
suspension of any permit.
E. No Litigation
As of the Execution Date, disclose any action, suit, proceeding, or investigation, at
law or in equity, before or by any court or governmental authority, commission,
board, agency or instrumentality pending or, to the best of CONTRACTOR'S
knowledge, threatened, against CONTRACTOR wherein an unfavorable decision,
ruling or finding, in any single case or in the aggregate, would materially adversely
City of Santa Clarita Attachment 5-9H: Page 130
affect the performance by CONTRACTOR of its obligations under this CONTRACT
or in connection with the transactions contemplated by this CONTRACT, or which,
in any way, would adversely affect the validity or enforce ability of this CONTRACT
or any other CONTRACT or instrument entered into by CONTRACTOR relating to
the transactions contemplated by this CONTRACT.
::. f::) ue II:::) li II li g e in ce
As of the Execution Date, CONTRACTOR has made an independent investigation,
examination, and research satisfactory to it of the conditions and circumstances
surrounding this CONTRACT and best and proper method of providing Contract
Services and labor, equipment, and materials for the volume of Contract Services
to be provided. CONTRACTOR agrees that it shall make no claim against CITY
based on any estimates, statements or interpretations made by any officer,
employee, agent, or consultant of CITY relating to the procurement of this
CONTRACT, which proves to be in any respect erroneous.
(:;;1. CornIIIlliauc e with Applicable IU....avw
As of the Execution Date, CONTRACTOR has fully complied with all Applicable
Law, including law relating to conflicts of interest and CITY Lobbyist Ordinance, while
procuring this CONTRACT..
1. Ability to Il:::1eirforn°i
CONTRACTOR possesses the business, professional, and technical capabilities
to provide Contract Services; and possesses the equipment, facilities, and
employee resources required to fully and timely perform Contract Services.
Coritingerit F e e s
No Person, including a selling agency, has been employed or retained to solicit or
secure this CONTRACT upon a CONTRACT or understanding for a commission,
percentage, brokerage, or contingent fee, excepting bona fide employees or bona
fide established commercial or selling agencies maintained by CONTRACTOR for
securing business.
J. C o rn m e r-i t
CONTRACTOR had the opportunity to submit comments and recommended
changes during the procurement process, during meetings convoked by CITY with
the denominated "Working Group" whose members received copies of the drafts
of the form of CONTRACT or during the procurement of this CONTRACT.
City of Santa Clarita Attachment 5-9H.: Page 131
Solid Wasl.e [:::acilllities
1. The Solid Waste Facility or Facilities that CONTRACTOR designates in
CONTRACTOR Documentation in Exhibit 3D for Disposal is a disposal
facility that is permitted to accept and process Refuse in accordance with
Applicable Law.
2. The facility or facilities that CONTRACTOR designates in CONTRACTOR
Documentation in Exhibit 3D for delivery of Recyclables is a materials
recovery facility that is permitted to accept and process Recyclables in
accordance with Applicable Law.
3. The facility or facilities that CONTRACTOR designates in CONTRACTOR
Documentation in Exhibit 3D for delivery of Green Waste is a facility that is
permitted to accept and process Green Waste in accordance with
Applicable Law.
U..... ("'10I �...li lz: ,,A("..li O I::�, II::) OC a rn e in l.a l.J o in
As of the Execution Date, CONTRACTOR has submitted all CONTRACTOR
Documentation in accordance with Exhibit 3D.
I. [1IeirsoinineII
CONTRACTOR fully complies with all Federal and State statutes and regulations
regarding employment of aliens and others, and all of its employees performing
Contract Services meet the citizenship or alien status requirements set forth in
Federal and State statutes and regulations.
City of Santa Clarita Attachment 5-9H: Page 132
KFFAC11 1111M1[:::::.IINT 51OADefinitions
Abandoned Waste is defined as Solid Waste discarded or dumped at locations in
Public Right of Way including palm fronds but excluding other materials dumped as
the result of natural causes such as tree limbs or telephone poles blown over in a storm
or walls collapsed during an earthquake.
AB 939 means the California Integrated Waste Management Act of 1989, California
Public Resources Code Section 40000 et seq.
SB 1383 means SB 1383 (Lara) (Chapter 395, Statues of 1016), making certain
amendments to the California Global Warming Solutions Act of 2006.
AB 1826 means AB 1826 (Chesbro) (Chapter 727, Statues of 2014) PUC, 42649.8 et
seq. of the Public Resources Code, as amended by SB 1018.
Affiliate means a Person that, directly or indirectly through one or more intermediaries,
controls, or is controlled by, or is under common control with CONTRACTOR.
Annual Report is described in item A3 of Section10.
Applicable Law means all laws, statutes, rules, regulations, guidelines, Permits, actions,
determinations, orders, or requirements of the United States, State of California, CITY
(including its CITY Code togetherwith rules and regulations promulgated there under and
CITY'S Integrated Waste Management Plan), the Local Enforcement Agency, California
Highway Patrol, South Coast Air Quality Management District, and otherregional or local
government authorities, agencies, boards, commissions, courts, or other bodies having
applicable jurisdiction, that from time to time apply to or govern Contract Services or
the performance of the Parties' respective obligations under this CONTRACT, including
those that concern health, safety, fire, mitigation monitoring plans, building codes, and
zoning, and further including the following:
Vehicles:
* California Health and Safety Code Section 43000 et seq., with respect to air
emissions (smog checks);
* California Vehicle Code Section 27456b, with respect to tires;
* California Vehicle Code Section 34500 et seq., with respect to
documentation through its maintenance log or otherwise of a safety
compliance report issued under Division 14.8 of the California Vehicle Code
as applicable to each Vehicle, including bi-annual "BIT" inspections
conducted by the California Highway Patrol;
* Rules and regulations promulgated under the California Vehicle Code with
respect to Vehicle highway lighting, flashing, and warning lights, clearance
lights, and warning flags;
* Rules and regulations of the California Department of Motor Vehicles with
respect to Vehicle registration;
* Vehicle weight limits;
City of Santa Clarita Attachment 5-10A: Page 133
The appropriate class of drivers' licenses issued by the California
Department of Motor Vehicles;
Control Measure for Diesel Particulate Matter from On -road Heavy -Duty
Residential and Commercial Solid Waste Collection Vehicles, 13 CCR 2020
et seq.; and
14 CCR 17341, 17342, 17343 and 17344, with respect to equipment
construction, safety, and parking and identification of operating equipment;
Containers:
0 14 CCR 17314, with respect to maintenance and placement of Containers;
and
0 14 CCR 17317, with respect to placing identifying name and telephone
number on Containers;
Labor:
o Drug and alcohol testing;
o Occupational Safety and Health Act (29 U.S.C. Section 651 et seq.),
including the Solid Waste Disposal Facility Criteria promulgated by the U.S.
EPA on October 9, 1991 (40 C.F.R., Parts 257 and 258); and California
Occupational Safety and Health Act (California Labor Code, Division 5,
Parts 1-10, Section 6300 et seq.), and rules and regulations of California
Division of Occupational Safety and Health; and
o Immigration Reform and Control Act of 1986 (PL.99-603);
Environmental Protection:
0 CERCLA;
0 RCRA;
o Clean Air Act (42 U.S.C. Section 1351 et seq., 42 U.S.C. Section 7401-
7642); and California Clean Air Act (California Health and Safety Code
Section 39000 et seq.);
0 California Hazardous Waste Control Act (California Health and Safety Code
Section 25100 et seq.);
0 California Hazardous Materials Release Response Plan and Inventory Act
(California Health and Safety Code, Division 20, Chapter 6.95, Section
25500 et seq.);
0 Carpenter -Presley -Tanner Hazardous Substance Account Act (California
Health and Safety Code Section 25300 et seq.); and
0 Emergency Planning and Community Right to Know Act (42 U.S.C. Section
11001 et seq.); and
Miscellaneous:
• CITY Lobbyist Ordinance;
• Civil Rights Act of 1964 (Subchapter VI of Chapter 21 of Title 42);
AB 939; and
o AB 1826.
Reference to Applicable Law includes future amendments and supplements to or
replacement, restatement, or recodification thereof.
City of Santa Clarita Attachment 5-10A: Page 134
Authorized Commercial Waste Hauler means a waste hauler that has signed a
Commercial agreement with CITY and is currently in good standing.
Award Date means the date City of Santa Clarita City Council approves the
CONTRACT.
Basic Service Fee means the monthly charges that CONTRACTOR bills a Customer for
providing Collection with respect to Task 1 Services, without additional optional services
and is defined in Section 7.
Best efforts mean serious and sizeable efforts that a respectable person would take in
the same (or similar) circumstances, using principles of impartiality of fairness. It will be
presumed that the Person intends to meet its obligations in honesty and good faith.
Compare "Reasonable Business Efforts", "Reasonable"
Bilingual means in the languages of English and Spanish.
Breach means CONTRACTOR'S failure to fully and timely meet one or more Performance
Obligations.
Bulky Item means any large item of Solid Waste that will not fit into the Container that can
be safely lifted by two individuals using a dolly. A Bulky Item that has been placed at the Set -
Out Site by the Occupant for Collection by CONTRACTOR, or for Customers with roll -out
service, called in for Collection. A Bulky Item includes, but is not limited to the following:
• Discarded furniture (such as chairs, sofas, mattresses, and rugs);
• Large Appliances (such as refrigerators, ranges, washers, dryers, water heaters,
dishwashers, and other similar items commonly known as "white goods");
• Up to two tires from passenger cars or pickup trucks;
• E-waste (such as computer, telephones, and televisions);
• Up to two bags/bundles of Construction and Demolition debris bound or in
containers, not longer than four feet in length, up to 70 pounds in weight;
• Bagged reusable clothing;
• Palm fronds (not required to be cut to four -foot lengths).
Bulky Items excludes items such as:
• Large truck tires;
• Unpermitted Waste;
• More than two bags/bundles of Construction and Demolition debris;
• Piles of debris.
Business Day means any day on which CITY is open to do business with the
public.
Calendar Year means the months beginning January 1 and ending December 31.
City of Santa Clarita Attachment 5-10A: Page 135
Cart means a wheeled container provided by CONTRACTOR for storage of solid waste
pending Collection, which is collected (semi) by automated Vehicle. Examples include
32, 64, and 96-gallon plastic Containers.
CERCLA means the Comprehensive Environmental Response, Compensation, and
Liability Act of 1982 (42 U.S.C. Section 9601 et seq.).
Change in Law means the occurrence of any event or change in Applicable Law as follows:
The adoption, promulgation, modification, or change in Applicable Law or in judicial
or administrative interpretation thereof occurring after the Execution Date other
than laws with respect to taxes based on or measured by net income, or any
unincorporated business, payroll, franchise taxes levied by any tax board (other
than Contract Fees levied by CITY) or employment taxes;
Any order or judgment of any Federal, State, or local court or Regulatory Agency
issued after the Execution Date if:
* That order or judgment is not also the result of the willful misconduct or
negligent action or inaction of the Party relying thereon or of any third party
for whom the Party relying thereon is directly responsible; and
* The Party relying thereon, unless excused in writing from so doing by the
other Party, will make or have made, or will cause or have caused to be
made, Reasonable Business Efforts to contest that order or judgment (it
being understood that the contesting in good faith of that an order or
judgment will not constitute or be construed as a willful misconduct or
negligent action of that Party);
The imposition by a Regulatory Agency of any new or different material conditions
about the issuance, renewal, or modification of any Permit after the Execution
Date; or
The failure of a Regulatory Agency to issue or renew, or delay in the issuance or
renewal of, or the suspension, interruption, or termination of, any Permit after the
Execution Date; if the failure to issue orthe suspension or termination of any Permit
is not the result of the willful misconduct or negligent action or inaction of the Party
relying thereon or any third party for whom the Party relying thereon is directly
responsible.
City Council means the City Council of the City of Santa Clarita
CNG Fuel Component means five percent of the Service Fee shown on the Customer
Service Fee schedule times the percentage of Vehicles that use compressed natural gas
and is defined in item G of Exhibit7.
Collect, Collection, or Collecting is defined in Exhibit 3A1 means Solid Waste pickup(s)
made by CONTRACTOR required by and in accordance with this CONTRACT, including
Abandoned Waste.
Commencement Date means the date defined in Item A of Section 2.
Commercial means related to a Person or thing that is not Residential or Multifamily.
City of Santa Clarita Attachment 5-10A: Page 136
Compost means a mixture of decayed or decaying organic matter (such as leaves and
grass) used to amend or fertilize soil.
Construction and Demolition (C&D) means material, other than hazardous waste,
radioactive waste, or medical waste, that is generated by or results from construction or
demolition -related activities including, but not limited to: construction, deconstruction,
demolition, excavation, land clearing, landscaping, reconstruction, remodeling, renovation,
repair, and site clean-up, as defined in CITY Code 15.46.010. C&D debris includes, but is
not limited to: asphalt, concrete, brick, lumber, gypsum wallboard, cardboard and other
associated packaging, roofing material, ceramic tile, carpeting, plastic pipe, steel, rock,
soil, gravel, tree stumps, and other vegetative matter.
Container means any Cart or Dumpster used to provide Collection service.
CONTRACT means this CONTRACT, including all exhibits and other attachments, which
exhibits and other attachments are incorporated in this CONTRACT by reference.
Contract Services means Task 1 Services and is also defined in Section 1.
Contract Year means each 12-month period commencing on the first day of the month
in which CONTRACTOR Collects solid waste from any Occupant.
CONTRACTOR means the Person executing this CONTRACT and any assignee of
CONTRACTOR consented to by CITY in accordance with Section 19. CONTRACTOR
includes CONTRACTOR'S Subcontractors unless explicitly provided otherwise.
References to all CONTRACTOR'S actions and Performance Obligations under this
CONTRACT include reference to Subcontractors' actions under this CONTRACT, as
applicable, without specifying in each instance that CONTRACTOR shall directly take those
actions itself, or cause its Subcontractors to take those actions on CONTRACTOR'S behalf.
CONTRACTOR Default is described in Part 6 of Exhibit 5.
CONTRACTOR Manager means any of the following:
• CONTRACTOR'S officers and directors;
City of Santa Clarita Attachment 5-10A: Page137
The officers and directors of CONTRACTOR'S parent corporation and of each
successive parent corporation's parent corporation;
The authorized representative of CONTRACTOR named in
CONTRACTOR Documentation in Exhibit 3D; and
Any other Persons, including Affiliates and CONTRACTOR'S or
Aff i I i ates' employees, officers, or directors, in a Position of Influence.
CONTRACTOR Office Hours means 8:00 a.m. to 5:00 p.m. Monday through Friday,
except Holidays.
CONTRACTOR's Related Parties means CONTRACTOR'S partners, officers, directors,
agents, employees, Subcontractors, consultants, licensees, invitees, and Affiliates.
Conversion Technology (CT) means an array of emerging technologies capable of
converting the organic or carbon -containing materials portion of post -recycling residual
solid waste and turning it into useful products, including renewable and environmentally
benign fuels, chemicals, and other sources of clean energy.
CITY means the government entity known as the City of Santa Clarita.
City Code means the Santa Clarita Municipal Code.
City lobbyist Ordinance means CITY Code Chapter 7.03
City's Reimbursement Costs means Direct Costs of CITY plus 35 percent thereof.
City's Related Parties means political subdivisions, agencies, entities, or
organizations for which the City Council is the governing body, their agents, officers,
and employees, elected officials, assigns, volunteers, and special districts and each
one of them. CITY's Related Parties are third party beneficiaries of provisions in this
CONTRACT that reference them.
County means Los Angeles County.
Contract Fee means the fee described in item E of Section 1.
CPI means the Consumer Price Index for all Urban Consumers (Los Angeles -Riverside -Orange
County) (Not Seasonally Adjusted) All items, Series 10 CUURA421SA0, Base Period 1982-
84=100, published by the United States Department of Labor, Bureau of Labor Statistics at
https://data.bls.gov/timeseries/CUU RA 21SAO and is defined in item G of Exhibit 7.
Criminal Activity means any of the following:
• Fraud or criminal felony offenses relating to obtaining, attempting to obtain,
procuring, or performing a public or private CONTRACT related to recyclables,
green waste or MSW Management Services of any kind (including collection,
hauling, transfer, processing, composting, or disposal), including this CONTRACT;
• Bribery or attempting to bribe a public officer or employee of a local, State, or
Federal agency;
• Embezzlement, extortion, racketeering, false claims, false statements, forgery,
falsification or destruction of records, obstruction of justice, knowingly receiving
stolen property, theft, or misprision (failure to disclose) of a felony;
City of Santa Clarita Attachment 5-10A: Page 138
• Unlawful disposal of hazardous, designated, or other waste; or
• Violation of securities laws or antitrust laws, including laws relating to price-fixing,
bid rigging and sales and market allocation, and of unfair and anticompetitive trade
practice laws, including with respect to inflation of waste collection, hauling or
disposal fees.
Customer means a Person who pays either CONTRACTOR or CITY for Task 1
Services from CONTRACTOR.
Customer Service means the Task 1 Services from CONTRACTOR to the Customer.
Customer Service Fee means the amount that CONTRACTOR bills Customers for
providing Task 1 Services and is defined in Section 7.
Customer Service Fee Schedule is found in Attachment 7-2 to Exhibit 7.
Customer Surcharges means the amounts listed as "Surcharges" on the Service Fee
Schedule and is defined in Section 7.
Day means calendar day, whether capitalized or lower case.
Diesel Fuel Component" means 5 percent of the Net Rate shown on the Rate Schedule
times the percentage of Vehicles that use diesel and is defined in item G of Exhibit 7.
Direct Costs means the sum of the following but excludes profit or return on investment:
• Payroll costs directly related to the performance, management, or supervision of
any obligation under this CONTRACT, or exercise of any right, comprised of
compensation and fringe benefits, including vacation, sick leave, holidays,
Retirement, Worker's Compensation insurance, Federal and State unemployment
taxes and all medical and health insurance benefits, plus;
• The costs of materials, services, direct rental costs, and supplies, plus;
• Travel and subsistence costs, plus;
• The reasonable costs of any payments to Subcontractors (with respect to
CONTRACTOR) or contractors (with respect to CITY) or third parties necessary
to and about Performance Obligations, plus;
• Any other cost or expense which is directly or normally associated with the task
performed; which is substantiated by:
o A certificate signed by the principal financial officer of CONTRACTOR or
the authorized representative of CITY, setting forth the amount of that cost
and the reason that cost is properly chargeable to CITY or
CONTRACTOR and stating that the cost is a competitive price, if there are
competitive prices, secured in an arm's length transaction for the service or
materials supplied; and
o If CITY or CONTRACTOR requests additional backup documentation as
may be available to reasonably substantiate any Direct Costs, including
invoices from suppliers, Subcontractors, and contractors.
City of Santa Clarita Attachment 5-10A: Page 139
Director means CITY Director of Public Works or his or her authorized representative,
including the authorized representative named in Attachment 5-9G.
Director's Office Hours means hours that Director is open to do business as indicated
in Attachment 5-9G.
Disabled means Occupants who suffer from a disability as evidenced by a letter from
their medical physician.
Disposal or Dispose means disposal, as defined in California Public Resources Code
Section 40192, at a Solid Waste Facility of Refuse that CONTRACTOR has Collected.
Disposal Component means 20 percent of the Customer Service Fee shown on the
Service Fee schedule and is defined in item G of Exhibit 7.
Diversion or Divert means activities that reduce or eliminate the amount of Solid Waste
from Disposal for the purposes of Division 13 of the California Public Resources Code,
including Article 1 (commencing with Section 41780).
Diversion Goal means the current State law requirement of 50 percent, the State goal of
75 percent Diversion by 2020. State and CITY goals are subject to change.
DOE CNG means the West Coast Average Price for Fuel- Compressed Natural Gas
Average Prices by Region from Clean Cities Sources, published quarterly in Energy
Efficiency and Renewable Energy/Clean Cities Alternative Fuel Price Report from the
United States Department of Energy website, www.afdc.energy.gov/fuelsiprices.htmi or if
that is permanently discontinued, another CNG price published by a State or the Federal
government selected by Director and is defined in item G of Exhibit 7.
DOE Diesel means the Diesel (On Highway) — Product/All Types for Area/California
(Period: Annual) price published monthly in the Official Energy Statistics from the
United States Department of Energy website, http://tonto.eia.doe.gov/dnav/pet/pet pri
qnd dens sea m.htm, or if that is permanently discontinued, Producers Price Index -
Commodities Fuels and related products and power/No.2 diesel fuel Series Id:
WPU057303 published by the United States Bureau of Labor Statistics at
htti):Hdata.bis.gov/cqi-bin/surveymos and is defined in item G of Exhibit 7.
Dumpster means a container for storage of solid waste that is usually collected with front
end loading Vehicles, such as those having a 1- to 8-cubic yard capacity, commonly
referred to as a dumpster.
EIA LNG means the average for fuel — Product/All Types for Area/California (Period:
Annual) price published monthly in the Official Energy Statistics from the United States
Energy Information Administration website, http://tonto.eia.doe.gov/dnav/na/na pri sum
cu SCA m.htm, or if that is permanently discontinued, another CNG price published
by the State of California or the Federal government selected by Directorand is defined
in item G of Exhibit 7.
City of Santa Clarita Attachment 5-10A: Page 140
Elderly means a Person age 62 or older as evidenced by a driver's license or other
document issued by a governmental entity.
E-waste means waste that is powered by batteries or electricity, such as computers,
telephones, stereo equipment, DVD players/recorders, mp3 players, televisions, and
calculators.
Excess Solid Waste means bagged, containerized, or bundled solid waste, not to
exceed 4 feet in length or 70 pounds in weight.
Execution Date means 'the date this CONTRACT is signed by both CITY and
CONTRACTOR and is also defined in item A of Section 2.
Expiration Date means the date this CONTRACT expires as provided in accordance with
item A of Section 2.
Fiscal Year means the 12-month period beginning July 1st and ending the following
June 30th.
Food Waste means uneaten materials acquired for animal or human consumption.
Goods or Services means goods or services used in providing Contract Services,
including labor; leases; subleases; equipment; supplies; capital; insurance, bonds, or
other performance security if the insurer, surety, or other provider is an Affiliate or a
captive of CONTRACTOR or any Affiliate; and legal, risk management, general, and
administrative services.
Green Waste means Solid Waste comprised of leaves, grass clippings, brush, branches,
nonhazardous wood waste, and other forms of organic matter generated from landscapes
and gardens and separated from other forms of Solid Waste, including holiday trees and
bushes, but excluding:
• Stumps or branches exceeding four inches in diameter or four feet in length;
• Yucca or palm fronds, unless CONTRACTOR can Divert those excluded materials
in non -composting processes;
• Other CITY -approved items listed in the Terms and Conditions; and
• Food Waste.
Gross Receipts means fees, charges, and other compensation that CONTRACTOR or
CONTRACTOR's Related Parties receive directly or indirectly from Customers and
Occupants about Task 1 Services before any deduction for costs or expenses such as
the Contract Fee, Gross Receipts does not mean fees, charges, and other
compensation that CONTRACTOR or CONTRACTOR's Related Parties receive about
the sale of Recyclables.
City of Santa Clarita Attachment 5-10A: Page 141
Holidays means January 1, Memorial Day, 4th of July, Labor Day, Thanksgiving, and
December 25 and any other holidays designated by CITY in Notice to CONTRACTOR.
Including or Include or variations thereof, when used in this CONTRACT, means
"including without limitation," "including, but not limited to," and "including, at a minimum."
Indemnities or Indemnification means all defenses, indemnities, and releases under
this CONTRACT, including under Part 4A of Exhibit 5 (generally), and with respect to the
Immigration Reform and Control Act and Cal/OSHA (specifically).
Liabilities mean any of the following:
• Liabilities;
• Lawsuits;
• Claims;
• Complaints;
• Cause of actions;
• Citations;
• Investigations;
• Judgments;
• Demands;
• Cleanup orders;
• Damages (whether in contract or tort, including:
o Personal injury to or death of, at any time, CONTRACTOR'S employees,
Subcontractors, CITY employees or third parties; and
o Property damage of CONTRACTOR, Subcontractors, CITY employees or
third parties);
• Costs and expenses, (including all costs and expenses of litigation, mediation or
arbitration, attorneys' fees, whether CITY'S or CONTRACTOR'S staff attorneys or
outside attorneys, and court costs);
• Losses;
• Fines;
• Penalties; and
• Other detriments of every nature and description whatsoever, whether under State
of California or Federal law.
LNG Fuel Component means five percent of the Customer Service Fee shown on the Service
Fee schedule times the percentage of Vehicles that use liquid natural gas and is defined in
item G of Exhibit 7.
Local Enforcement Agency means the enforcement agency defined in CITY Code Section
23.10.040
Manure means Solid Waste comprised of animal dung or excrement, and may include
straw or other absorbent.
City of Santa Clarita Attachment 5-10A: Page 142
Maximum Rate Adjustment is described in Section 84 of Exhibit 7.
Monthly Report is described in item Al of Section 10.
More Than Expected Number means a quantity greater that what Director anticipates
during a future Contract Year; it is the quantity between the Expected Number and up to
double the Expected Number.
Mulch means organic materials commonly used for mulch including wood chips, ground
up landscape trimmings, shredded bark, coarse compost material, and straw.
Multifamily means Person or thing related to (1) dwellings with three or more attached
dwelling units (such as apartments), each with separate cooking and bathing facilities,
(2) townhouses, and (3) condominiums, whether attached or detached.
Multifamily Occupant means Person within the Service Area who occupies a Multifamily
Premises and receives services from CONTRACTOR.
Municipal Solid Waste (MSW) Management Services means any of the following-
• Collection, transportation, storage, transfer, or processing of-
o solid waste-, or
o Unpermitted Waste that is collected as part of a Collection program for
Bulky Items, and E-waste described in Exhibit 3A1 and handled in
accordance with Applicable Law (such as tires more than load limits, and
certain E-waste); or
• Arranging for disposal of that solid waste or Unpermitted Waste.
Non -Collection Notice means the notice in the form included in CONTRACTOR
Documentation in Exhibit 3D in accordance with item C of Section 4.
Notice (when capitalized) means notice given in accordance with Part 9F of Exhibit 5.
Occupant means a Person within the Service Area that occupies a Residential
building and receives services from CONTRACTOR.
Office means CONTRACTOR'S offices required by item A of Section 6 to be identified in
CONTRACTOR Documentation in Exhibit 3D.
Organic Waste or Organics means both of the following-
* Organic waste defined in AB 1826, and
0 Organic waste used in portions of SB 1383 selected by Director and Noticed to
CONTRACTOR, and includes Food Waste and Green Waste.
Party or Parties means CITY and CONTRACTOR, individually and together,
respectively.
City of Santa Clarita Attachment 5-10A: Page 143
Performance Obligations means every obligation and liability of CONTRACTOR und
this CONTRACT and is also defined in Section 1 1
Permit means any Federal, State, City, other local, and any other governmental unit
permit, order, license, approval, authorization, consent, or entitlement of whatever kind
and however described that Applicable Law requires to be obtained or maintained with
respect to the satisfaction of Performance Obligations, as renewed or amended from time
to time, including the waste collector permit issued by CITY Department of Public Health.
Person means any individual, firm, association, organization, partnership, corporation,
trust, joint venture, State, City, municipality, special purpose district, the United States or any
other entity.
Position of Influence means a position of authority or responsibility to directly or indirectly
administer, manage, direct, supervise or oversee the Contract Services or this CONTRACT,
including the following- (1) serving as director of the board of directors of CONTRACTOR
or an Affiliate, (2) serving as an officer of CONTRACTOR or an Affiliate, (3) reviewing or
negotiating CONTRACTOR'S contracts (including this CONTRACT), (4) providing in-house
legal services, and (5) providing insurance or other performance security if the provider is
an Affiliate or is a captive of CONTRACTOR or an Affiliate-, but excluding the following- (1)
monitoring CONTRACTOR'S performance, (2) supervising CONTRACTOR'S finance and
capital budget decisions, and (3) articulating general policies and procedures not related
to a Criminal Activity.
Premises means a tract of land located in the Service Area which is safely accessible by
Vehicles.
Processing means the reduction, separation, recovery, conversion, or Recycling of Solid
Waste, including creating "compost" as defined in California Public Resources Code
Section 40116.
=EM
Public Right -of -Way includes all the following-
• all land and improvements on that land between the outer edge of a sidewalk
(nearest to a private lot) on one side of the street and the outer edge of the sidewalk
(nearest to a private lot) on the opposite side of the street, including-
o sidewalks,
o and between a sidewalk and street, and
o median strips in the center of streets.
0 Public streets-,
Public alleys, including land wall-to-wall and fence -to -fence, and
Any other land described by CITY to CONTRACTOR.
Quarterly Report is described in item A2 of Section 10.
RCRA means the Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.)
City of Santa Clarita Attachment 5-10A: Page 144
JudgmentReasonable or Reasonable Business Efforts or Reasonable Efforts or Reasonabli;
e practical actions- • person woulddo in the same (or similar)
circumstances using sound judgment and principles of fairness. It will be presumed thal
the Person intends o meetobligations good faith. It does not mean
pursing every possible
Records means documentation relating to Contract Services and other Performance
Obligations, including ledgers, books of account, invoices, vouchers, canceled checks, logs,
correspondence, computations, files, plans, correspondence, reports, drawings, designs
(other than those respecting facilities or facility operations not involving Collection), data and
photographs prepared by or possessed by CONTRACTOR, including the following:
• Customer and Occupants Terms and Conditions and Task 1 Services information
(including Customers and Occupants' names and addresses), billing records, call
Jogs, route maps, schedules, and correspondence with Customers and Occupants;
• Weight tickets, invoices, bills of Jading, and receipts from Solid Waste Facilities for
types and amounts of Solid Waste that CONTRACTOR Collects, transports, and
delivers to those Solid Waste Facilities;
• Records for AB 939 and other laws, including documentation from Recyclables and Green
Waste transporters, shippers, brokers, beneficiaries, remanufacturers, and purchasers or
other users of Recyclables and Green Waste; any reports on Processing of Recyclables
or Green Waste residual that Solid Waste Facilities may make to the CalRecycle;
• Vehicle maintenance, driver Permits and driver testing records;
• Gross revenues and receipts, including Gross Receipts;
• Contract Fees paid to CITY; and
• Records that may be relevant in the event of an action under CERCLA or similar claims.
Recyclables is also defined in Item G of Exhibit 3A1 and means Solid Waste that may
potentially be Diverted from disposal (excluding Green Waste and Manure) including but
not limited to any of the following materials:
• Aluminum and metal cans;
• Newspaper;
• Glass jars and bottles;
• Tin cans;
• Plastic soda bottles;
• Plastic milk and water jugs;
• Plastic bags (e.g., bread, frozen food, grocery bags);
• Type No. 1 plastic containers (PET -polyethylene terephthalate);
• Type No. 2 plastic containers (HOPE -high density polyethylene);
• Type No.3 plastic (PVC -Vinyl or Polyvinyl Chloride);
• Type No.4 plastic (LOPE -Low Density Polyethylene);
• Type No. 5 plastic (PP -Polypropylene);
• All types of paper (e.g., office paper, junk mail, magazines, telephone books);
• Corrugated cardboard;
• E-waste;
• White goods (such as those listed in the definition of Bulky Items);
• Paper coated with plastic or aluminum foil (milk and juice cartons); and
• Mattresses, excluding those made mostly of foam.
City of Santa Clarita Attachment 5-10A: Page 145
Additional (or deleted) items that Director directs after Notice to CONTRACTOR, without
adjustment of Service Fees unless the modification requires Contract Services at the
Set -Out Sites separate and distinct from previously Collected Recyclables.
Recycle or Recycling means the process of collecting, sorting, cleansing, treating, and
reconstituting materials (including Recyclables and Green Waste) that would otherwise
become Solid Waste and returning them to the economic mainstream in the form of raw
material for new, reused, or reconstituted products that meet the quality standards
necessary to be used in the market place. Recycling does not include transformation,
as defined in California Public Resources Code Section 40201.
Refuse means Solid Waste that CONTRACTOR does not Divert.
Regulatory Agency means any Federal, State or local governmental agency that
regulates Collection and transportation of Solid Waste (including California Department
of Transportation, California Department of Motor Vehicles, EDD, U.S. Immigration and
Naturalization Services, or other health and safety department thereof; CITY; and Local
Enforcement Agency applicable to Contract Services).
Report means Monthly Report, Quarterly Report, Annual Report and any AB 939 or other
report CONTRACTOR is required to submit in accordance with this CONTRACT.
Residential means Person or thing related to detached, single-family homes or duplexes,
other than condominiums or townhouses.
Residential Occupant means Person within the Service Area who occupies a
Residential Premises and receives services from CONTRACTOR.
Residential Premises means Premises containing a Residential building, such as a
detached, single-family home or a duplex.
Service Area means the area mentioned in the title of this CONTRACT, as described in
item Enclosure A.
Service Assets means all property of CONTRACTOR used directly or indirectly in
performing Contract Services, including Vehicles, containers, maintenance equipment
and facilities, and administrative equipment and software, both tangible and intangible
(such as facility leases or equipment installment purchase contracts).
Service Day means any day Monday through Friday, excluding Holidays.
Service Component means 65 percent of the Service Fee shown on the Customer
Service Fee schedule and is defined in item G of Exhibit 7.
Service Fees means Customer Service Fees.
Service Fee Schedule means all the fees listed in Attachments 7-2 and 7-3 of Exhibit 7.
Service Specifications means Performance Obligations prescribed in Exhibit 3A1.
City of Santa Clarita Attachment 5-10A: Page 146
Service Standards means each obligation of CONTRACTOR prescribed in Section 4.
Set -Out Site means the location where the Solid Waste is temporarily placed for
Collection as mutually agreed upon by CONTRACTOR and Occupant.
Sharps means any item having corners, edges, or projections capable of cutting or
piercing the skin to deliver injections or for medical purposes, such as needles
(hypodermic, pen or intravenous), needles with syringes, needles from vacutainers,
needles with attached tubing, and lancets.
Sharps Containers means container approved by CITY for discard of Sharps.
Solid Waste means solid waste as defined in California Public Resources Code
Section 40191, excludes Unpermitted Waste but includes all the following:
• Green Waste,
• Recyclables,
• Refuse,
• E-Waste,
• Organic Waste,
• Manure, and
• Abandoned Waste.
Solid Waste Facility means the facility as defined in California Public Resources
Code Section 40194 (and any other types of facilities named by Director) and designated
by CONTRACTOR in CONTRACTOR Documentation in Exhibit 3D.
Standards means the criterion for excellent solid waste management established by the
solid waste collection industry; professional associations such as the National Solid Waste
and Recycling Association, Solid Waste Association of North America, US Mayors/
Municipal Solid Waste Association; and public bodies such as State and Federal EPAs.
Subcontractor means any Person that provides Goods or Services related to Collection,
transportation or storage of Solid Waste or related to Service Assets, including their
operation, maintenance, and repair, to or on behalf of CONTRACTOR whether pursuant
to any arrangement, formal or informal, written or merely in practice.
Subcontractor does not•- a Person that provides G••• or Services related to
Processing, Diversion, or Disposal.
Sweep means to search the specified area; Collect, transport, and Dispose of Solid
Waste not in Containers.
Task 1 Services all Performance Obligations prescribed in Exhibit 3A1 for Refuse,
Recyclables, and Green Waste Container Services to Occupants at Residential Premises
and Certain Multifamily Premises and is also defined in Section 1.
Term means the period beginning on the Execution Date and ending on the Expiration
Date and is also defined in item A of Section 2.
City of Santa Clarita Attachment 5-10A: Page 147
Terms and Conditions means the CONTRACT details mailed to Customers and
Occupants.
Ton or Tonnage means a shortton of 2,000 pounds avoirdupois.
Transfer is defined in Part 8 of Exhibit 5.
Uncontrollable Circumstances means any of the following events:
• Riots, war, or emergency affecting the Country declared by the President of the
United States or Congress of the United States, the Governor of California, the
Board of Supervisors of Los Angeles County, the Santa Clarita City Council, or
the Santa Clarita City Manager.
• Sabotage, civil disturbance, insurrection, explosion;
• Natural disasters such as floods, earthquakes, landslides, and fires;
• Strikes, lockouts, and other labor disturbances; or
• Other catastrophic events that are beyond the reasonable control of
CONTRACTOR despite CONTRACTOR'S exercise of due diligence, excluding:
o Thefinancial inability of CONTRACTOR to satisfy its
Performance Obligations, or
o Failure of CONTRACTOR to obtain any necessary Permits or the right to
use the facilities of any public entity.
Universal Waste means hazardous waste that the California Department of Toxic
Substances Control considers universal waste, including materials listed in 22 CCR
66261.9, such as batteries, thermostats, lamps, cathode ray tubes, computers,
telephones, answering machines, radios, stereo equipment, tape players/recorders,
phonographs, video cassette players/recorders, compact disc players/recorders,
calculators, some appliances, aerosol cans and certain mercury -containing devices.
1 •- - X
Materials that are not Solid Waste such as Universal Waste, household hazardous
waste and other hazardous waste, unauthorized medical waste, radioactive waste;
Waste tires more than the limitations prescribed in 14 CCR 17355(b) or reduced
in volume as required in 14 CCR 17355(A);
Any other materials that cannot be disposed of in class II sanitary landfills
described in 27 CCR 20250.
Unpermitted Waste Screening Protocol means the protocol prescribed in Section 13,
Item A of Exhibit 5, and included in CONTRACTOR Documentation in Exhibit 3D.
Vehicle means any truck used by CONTRACTOR to provide Contract Services.
Violation of Applicable Law means any noncompliance with Applicable Law as
evidenced by notice, assessment, or determination of any Regulatory Agency to
CONTRACTOR, whether a fine or penalty is included, assessed, levied, or attached.
City of Santa Clarita Attachment 5-10A: Page 148
Weighted Customer Service Fee Adjustment Percentage means sum of the
adjustments due to changes in the CPI, DOE CNG, EIA LNG, and disposal tipping fees
calculated as provided in items 8, C, and D of Exhibit 7, respectively and is defined in
item G of Exhibit 7.
City of Santa Clarita Attachment 5-10As Page 149
...... Il tllt...P 11 Contract Servlices (Adjustment of Serviice Il:::::'ees)
A. Service IF::ee Sclhedk.de
CONTRACTOR shall charge Customer Service Fees in amounts less than or
equal to the Service Fees set forth in the Service Fee Schedule in Attachments
7-2 and 7-3 of this Exhibit.
1. Time, Conditions, Chances
a.. Annual A justI er is
(1) Automatic: (Ilindiices).
Beginning July 1, 2020, Director will automatically adjust the
Consumer Price Index (CPI), Department of Energy (DOE)
Compressed Natural Gas (CNG), or Energy Information
Agency (EIA) Liquefied Natural Gas (LNG) components of the
Service Fee each July 1 in accordance with subsections Al
a (3), B, C and D.
(2) Requested (Disposal aind t::)iiveirsiioin).
BeginningJuly 1, 2020, Director will adjust the Disposal and
Diversion components of the Service Fee each July 1 in
accordance with subsection Ala (3) and E in the following
events:
• CONTRACTOR requests adjustment of those
components by Notice to Director together with
documentation satisfactory to Director by March 1 of
each year, and
• CITY initiates an adjustment of those components by
Notice to CONTRACTOR together with
documentation satisfactory to Director by March 1 of
each year.
(3) Clhainges.
Director will adjust the Service Fee for the following changes,
if any:
• Indices : Annual changes, if any, in the following
indices, as applicable, defined in Section G of this
Exhibit 7:
City of Santa Clarita Exhibit 7: Page 150
o CPI: Consumer Price Index (CPI),
o DOE CNG: of Energy (DOE) Compressed
Natural Gas (CNG), or
c EIA LNG: Energy Information Agency (EIA)
Liquefied Natural Gas (LNG)
in accordance with the Service Fee adjustment protocol in
subsections 8, C, and D; or
Disposal Tipping Fees: Annual change, if any, in
CONTRACTOR'S Direct Costs of Refuse Disposal,
such as changes in publicly -posted tipping fees, on
January 1 at the Solid Waste Facility it has designated
in CONTRACTOR Documentation, Exhibit 3D, and
any other supporting documentation, submitted to
Director by March 1; or
• Disposal or Diversion of Green Waste : Annual
changes in CONTRACTOR'S costs
of Disposal or Diversion of Green Waste, such as
public tipping fees, on January 1 from the Solid Waste
Facility it has designated in CONTRACTOR
Documentation in Exhibit 3D, and any other supporting
documentation, submitted to Director by March 1.
Aditistments at Any Time
If CONTRACTOR requests Director by Notice or Director Notifies
CONTRACTOR at any time, following agreement with
CONTRACTOR, the Director may adjust the Service Fees in either
of the following events, subject to changes in Refuse Disposal or
Green Waste Diversion in subsection A4, and limitations in A&
(1) Changes liri II......aw
Change in CONTRACTOR'S Direct Costs of providing
Contract Services due to Changes in Law, except for any
adjustment in the Service Fee due to a Change in Law by the
State which is not included in the Maximum Rate Adjustment
in subsection 4; and
() Changes liri Scor,:)e of Serviice
Up to ten percent of CONTRACTOR'S Direct Costs of
providing Contract Services due to changes in Contract
Services or Standards.
City of Santa Clarita Exhibit 7: Page 151
If CONTRACTOR and Director disagree on the adjustment of Service
Fees due to Changes in Law, Contract Services or Standards, CITY
will have the option to terminate this CONTRACT in accordance with
Part 6D of Exhibit 5.
C� No AdjtiSt177ent
Service Fees will not be adjusted:
• If there are any uncured Breaches.
• For any Changes other than changes explicitly listed in
preceding subsections a. Annual Adjustments, b. Adjustment
as any Time, including for actual changes in the price of fuel
or Disposal or Diversion costs.
d� Sample alctilelloe
A sample calculation is attached in Attachment 7-1 of this Exhibit.
2. l: oundling
All calculations are rounded to the nearest 1/100th decimal place (for example,
10.9656 percent to 10.97 percent, or 10.9637 percent to 10.96). The decimal
5 is rounded up (for example,10.965 percent to 10.97 percent). Adjustments
in Service Fees are rounded to the nearest penny (for example, $25.34).
3. Weighted Adjustment
a. Service Fee Components,
The monthly Service Fees for Contract Services will be divided into
the following cost components and adjusted by these percentages:
Labor (and other general costs of Contract Services) 1 65%
A sample calculation is attached in Attachment 7-1 of this Exhibit.
City of Santa Clarita Exhibit 7: Page 152
b, Nlodifications in Weight. f Di a1/ )iversion mpone is
CITY acknowledges that CONTRACTOR's costs of providing
Disposal and Diversion may change significantly. Before each
July 1, Director will review service fees under its contracts that are
substantially like this Contract, including contracts for residential
collection service with carts. In its sole discretion, CITY may adjust
(or refrain from adjusting) the following components' related
percentage:
• Refuse Disposal percent, and
• Green Waste Diversion percent.
For example, if Green Waste Diversion costs rise, the Director might
make the following adjustments:
• Increase Green Waste Diversion percentage from 10 percent
to 12 percent for both the Santa Monica Mountains and
Avocado Heights even though those costs were different in the
two Service Areas; and
• Correspondingly decrease the Disposal percent from
20 percent to 18 percent.
Director may make an adjustment solely to this CONTRACT but not in
other, similar contracts.
Director will not modify the weighted 65 percent labor or 5 percent fuel
components of the Service Fee.
A sample modification is attached to this Exhibit as
Attachment A3 (4).
4. Maximum Rate Aduustrnent
Cumulative adjustments to the Service Fees cannot exceed the percentages
in the following table, except for changes due to acts of the State:
City of Santa Clarita Exhibit 7: Page 153
Rate adjustments due to Changes in Laws or Contract Services under
subsection Al above may be implemented at any time during the Term.
Any change in Service Fees for direct costs due to Changes in Law
promulgated by the State are not included in the percentage
calculations of the Maximum Cumulative Service Fee Adjustment.
They are added to the percentage calculations.
5 Customer 30 .Day Notice
CONTRACTOR shall provide all Customers a minimum of 30-days written
notice of the implementation of changes in any Customer Service Fees.
6Adjustment 11 imitations
No adjustment will be effective until notice thereof has been provided to the
City Council.
'7 Services IEliaible for Adjustment
a. Customer Service Fee (CP/, Fuel, and DisposallDiversion)
Use methodology in items C, D, E, and F of Exhibit 7
b, Recyclables
Director may include a Director determined adjustment at any time
in in the future, at Director's sole discretion. A reason for an
adjustment may include a significant change in the value of a
commodity.
City of Santa Clarita Exhibit 7: Page 154
B Service �Fee AdjUstrneint for Annual lincirease or Decrease in
Beginning July 1, 2020, the CPI component of the Service Fee will be adjusted
by 100 percent of the percent change, if any, between the following-
0 The monthly average CPI during the 12-month period commencing March 1
of the previous year to the last day of February of the current year, and
0 The monthly average CPI during the 12-month period commencing March 1
of the next previous year to the last day of February of the previous year.
Service IFee AdjUstrneint for Annual IlincirePme or Decrease ilr� 1:-Uel
The DOE CNG component of the Service Fee adjustment will apply only to the
percentage of Vehicles in a fleet that use compressed natural gas. The adjustment
of the DOE LNG component will apply only to the percentage of Vehicles in a fleet
that use LNG. The adjustment of the DOE Diesel component will apply only to the
percentage of Vehicles in a fleet that uses diesel.
'1.. Adjustment IDue to Chance in IDOIE GANG
The CNG Fuel Component of the Service Fees will be adjusted by the
percent change, if any, between the following-
0 The DOE CNG quarterly averages commencing in January of the
prior year and ending in December of the prior year (averages for the
fourth quarter are not available early enough to be used), and
0 The DOE CNG quarterly averages commencing January of the
previous year through December of the prior previous year.
City of Santa Clarita Exhibit 7: Page 155
2 Adjustment [.)uetoChanaelln IFneraylnformatllon Admllnllstratllon (EIA'H I114 G
The EIA LNG Fuel Component of the Service Fees will be adjusted by the
percent change, if any, between the following-
0 The EIA LNG monthly average during the 12-month period
commencing March 1 of the previous year to the end of February of
the current year, and
0 The EIA LNG monthly average during the 12-month period
commencing March 1 of the prior previous year to the end of
February of the previous year.
3 Ad'ustiment I )ue to Clhanae lin [)OIF Dlesell
Beginning on July 1, 2020, the Diesel Fuel Component will be adjusted by
the percent change, if any, between the following-
0 The DOE Diesel during the 12-month period commencing April 1 of
the previous year to March 31 of the current year, and
0 The DOE Diesel during the 12-month period commencing April 1 of
the next previous year to March 31 of the previous year.
For example, On July 1, 2019, the rate adjustment would compare-
0 January 2018 through December 2018, and
0 January 2017 through December 2017.
On July 1,
2019, the rate adjustment would compare-
0 March 1, 2018 through February 28, 2019, and
0 March 1, 2017 through February 28, 2018.
D. Service II" ee AdjUstrneint for ('..hainges in Refuse Disposall and Green Waste
Diversion IFacility II" ees
The Disposal and Diversion Components of Net Service Fees will be adjusted for
?.ny change in Refuse Disposal and Green Waste Diversion tipping fees charged
CONTRACTOR by the Solid Waste Facility designated by CONTRACTOR in
CONTRACTOR Documentation in Exhibit 3D.. Director may conditionally approve
changing the Solid Waste facilities to a more expensive facility by not allowing the
increased cost to be passed down to the Customer.
City of Santa Clarita Exhibit 7: Page 156
I
H
FacilitiesOipen to F`ublic
The Refuse Disposal and Green Waste Diversion components of the Service
Fees will be adjustment by the percent change, if any, between the following-
0 The Refuse Disposal and Green Waste Diversion posted tipping fees
on January 1 of the current year, and
• The Refuse Disposal and Green Waste Diversion posted tipping fees
on January 1 of the previous year.
Facilities Not Open to l'lublic
The Refuse Disposal and Green Waste Diversion components of the Service
Fees will be adjustment by the percent change, if any, between the following:
The cost for Refuse Disposal and
January 1 of the current year, and
The cost for Refuse Disposal and
January 1 of the previous year.
Green Waste Diversion on
Green Waste Diversion on
CONTRACTOR must substantiate to the satisfaction of Director changes in
tipping fees CONTRACTOR is paying at the Solid Waste Facility by
submitting before March 1, monthly invoices from the Solid Waste Facility,
showing the total tons and rate paid for Disposal/Diversion.
If CONTRACTOR owns the Solid Waste Facility, it must show the
posted gate rate paid by the public that has no financial agreement
with CONTRACTOR, by contract or letter -of -agreement, unless
there is no posted Gate rate.
If CONTRACTOR owns the Solid Waste Facility but has no posted
Gate rate. CONTRACTOR must substantiate chances in tipping fees
by submitting other documentation acceptable to Director.
If CONTRACTOR does not substantiate to the satisfaction of Director that
CONTRACTOR is experiencing that change in tipping fees, the
Disposal/Diversion Component will not be adjusted.
For example, CONTRACTOR may own the Solid Waste Facility it
designated for Disposal and consequently internalize Disposal costs at the
Solid Waste Facility. The costs however must be adequately explained.
Frans-fer ( Frans) 11 oading IPlus Disposal/Diversion Elsewhere
The Refuse Disposal and Green Waste Diversion components of the Service
Fees will be adjusted by the percent change, if any, between the following:
City of Santa Clarita Exhibit 7: Page 157
The cost for Refuse and Green Waste transferring, transporting, and
Disposal/Diversion on January 1 of the current year, and
The cost for Refuse and Green Waste transferring, transporting, and
Disposal/Diversion on January 1 of the previous year.
CONTRACTOR must substantiate to the satisfaction of Director fees
CONTRACTOR is paying by submitting before March 1, invoices from the
Solid Waste Facility, showing the total tons and rate paid for transfer
loading, expenses for transporting to another facility, Disposal/Diversion at
another facility, and any other documentation to support expenses. If
CONTRACTOR does not substantiate to the satisfaction of Director that
CONTRACTOR is experiencing that change in tipping fees, the
Disposal/Diversion Componentwill not be adjusted.
For example, CONTRACTOR may be paying the Solid Waste Facility $10
per ton to a Materials Recovery Facility but will have additional expenses to
Transport the Refuse to another facility, plus the expense for Disposal at
the second facility.
FUtUiie Service Frye AdjUs.rl'11eII" . CorqpoIr""kC'Ir"ft
As of the Commencement Date, certain expenses in item P of Exhibit 31A are zero
because CONTRACTOR does not incur them. The weighted adjustments in
subsection 83 above may be changed if CONTRACTOR incurs those expenses
after the Commencement Date. For example, as of the Commencement Date
CONTRACTOR has no expenses for Food Waste collection as shown by zero in
item P of Exhibit 3A1. If CITY converts the Green Waste Container to an
organics Container for both Green Waste and Food Waste, or adds a separate
Food Waste Container, those negotiated expenses discussed would no longer be
zero.
Service Fee Adjas l.rneInl. II:::) fiInlitioIns
"CNG Fuel Component" means five percent of the Service Fee shown on the
Customer Service Fee schedule times the percentage of Vehicles that use
compressed natural gas.
"CPI" means the Consumer Price Index for all Urban Consumers (Los Angeles -
Riverside -Orange County) (Not Seasonally Adjusted) All items, Series ID
CUURA421SAO, Base Period 1982-84=100, published by the United States Department
of Labor, Bureau of Labor Statistics at.httos://data. 1s.aov/timeseries/CUURA421SAO.
"Diesel Fuel Component" means 5 percent of the Net Rate shown on the Rate
Schedule times the percentage of Vehicles that use diesel.
"Disposal Component" means 20 percent of the Customer Service Fee shown
on the Service Fee schedule.
City of Santa Clarita Exhibit 7: Page 158
"DOE CNG" means the West Coast Average Price for Fuel- Compressed Natural
Gas Average Prices by Region from Clean Cities Sources, published quarterly in
Energy Efficiency and Renewable Energy/Clean Cities Alternative Fuel Price
Report from the United States Department of Energy website,
WWI N.afdc.energy.gov/fueIs/prices..html or if that is permanently discontinued, another
CNG price published by a State or the Federal government selected by Director.
"DOE Diesel" means the Diesel (On Highway) — Product/All Types for Area/
California (Period: Annual) price published monthly in the Official
Energy Statistics from the United States Department of Energy website,
http://tonto.eia.doe.gov/dnav/petipet pri qnd deus sea m.htm, or if that is
permanently discontinued, Producers Price Index- Commodities Fuels and related
products and power/No.2 diesel fuel Series Id: WPU057303 published by the
United States Bureau of Labor Statistics at http-//data.bis.gov/cgi-bin/surveymost.
"EIA LNG" means the average for fuel — Product/All Types for Area/California
(Period: Annual) price published monthly in the Official Energy Statistics from the
United States Energy Information Administration website,
htti):Htonto.eia.doe.gov/dnav/nci/nq pri sum dcu SCA m.htm, or if that is
permanently discontinued, another CNG price published by the State of California
or the Federal government selected by Director.
"LNG Fuel Component" means five percent of the Customer Service Fee shown on
the Service Fee schedule times the percentage of Vehicles that use liquid natural gas.
"Service Component" means 65 percent of the Service Fee shown on the
Customer Service Fee schedule.
"Weighted Customer Service Fee Adjustment Percentage" means sum of the
adjustments due to changes in the CPI, DOE CNG, EIA LNG, and disposal tipping
fees calculated as provided in items B, C, and D of Exhibit 7, respectively.
I ornll° oirairlilly II I::)liscontliinLied Indices
If a price or index is temporarily discontinued on the date of adjustment, the last
available price or index for the required period (such as Calendar Year or another
12-month period)will be used.
City of Santa Clarita Exhibit 7: Page 159
II
it
C
ee A F1 AD 1I M IN F 7 1 S>ervilce I:Adjustment x a ni p I e
Aim ial lincirease or decrease !in CRI Exaii (C of E::.:�.)dhibit '7)
Table 1-Adjustment Due to Change in CPI
Aininii ial increase oir decrease !in R iel IExaii (ID of IExIh,,flblt '7)
Table ustment Due to Chan e in DOE CING
in DOE CNG 8.48/4 - 2.12
(average of quarters in January, April, July, and October 2016 (2.29+2.33+2.44+2.35)/4
year- which may vary, 9.41/4 ::: 2.35
not quarter -to -quarter) Percent Change (2.35-2.12)/2.12
0.23/2.12 = 0.1085=10.85%
Adjustment to CNG Fuel 40% of fleet uses DOE CNG 0.40 X 10.85%
Component (% Fleet) (Fleet=4 CNG Vehicles, 6 LNG Vehicles) 4.34%
Calculate percent change in 03/01/15-02/29/16
EIA LNG (12-month average, 03/01/16-02/28/17
not month -to -month) Percent Change
Adjustment to LNG Fuel 60% of fleet uses EIA LNG
Co-mAo%-&tt(% Fleet) (Fleet=4 CUG \4iicles. 6 LUG V-e-Wicles)
Uminges !in Tippilng INS:: ees Exaii (E of '7)
Calculate percentage 01/01/14(Contract started 9/1/14)
change in Disposal tipping 01/01/15
fees 01/01/16
Percent change (compare to 2014
since no adjustment allowed prior year)
Adiustment to Disposal 45% of Disposal at this facility
ff Wilars, =-a agam MZIM- am
Calculate percentage 01/01/14 (Contract started 9/1/14)
change in Disposaltipping K#110#11jiiiI
fees
Percent change (compare to 2014
since no adjustment allowed prior year)
on ff-- �* a -
0.45 X 10.00% = 4.50%
0.55 X 15 00% = 8.25%
I I - I - - I - III - - I
Calculate percentage
change in Diversion tiipping � 01/01/15 $30.00
fees KIIHIIIiii
--m- WN 1101
an I I MIRM I MIR Lein &110 a M HIM I LOINTAMOM 01 A LOU ATIMM M M
City of Santa Clarita Attachment 7: Page 160
D. Weighted Service IFee djush en IPercentage IExample (C, ID, and IE of Exhibit '7)
Table 4—Sum of Adjustments
Service Fee Component Relative weight of Adjustment due to change
Service _Component _(C
Fuel Component
Refuse Disposal
Component
Green Waste Diversion
Component
Weighted Service Fee
Adjustment Percenta(
Service Fee
in indices/ change in
disposal tipping fees
65% of Service Fee
3.14%
5% of Service Fee
6.51% + 4.34%
20% of Service Fee
4.50% + 8.25%
Weighted Service
Fee Adjustment
Percentage
2.05%
0.54%
2.55%
10% of Service Fee 1 20.00% 1 2.00%
7.14%
City of Santa Clarita Attachment 7: Page 161
ATTACHMENT 7-2.3-Task 1Service Fees
Proposer must provide a rate for each item below. Failure to do so may result in thi
proposal/bid being rejected as nonresponsive. Amount of fees billed to Customer liste�
Services
Monthly Rate Per Customer
(Billed to Customer)
MONTHLY RATE
Monthly Rate for Cart Basic Services (Exhibit 3A1)
DISCOUNTS SUBTRACTED FROM MONTHLY
RATE
Monthly Discounts (Section 7A3)
�
- Senior
_251/o of Basic Services Total
SURCHARGES ADDED TO MONTHLY
RATE
Additional Containers beyond Basic Services which is 1 Refuse,
• One 96-gall Ion Refuse Cart (beyond 1 basic)
$10
Additional On -Call Pickups beyond 3 peryear
- Bulky items, excess waste, or Green Waste (per visit Io Collect all
$17.0 4. (one-time charge equal to
751/o of Basic Service Rate)
Container Size Exchange beyond 1 (Exhibit 3A1 03)
Each additional exchange
$25
_.
Rol I -Out Service for no n- Elderly/Disa bled
Full Service (Up to 50 feet)
$5:::.6 8. (251/o of Basic Services Total)
Difficult to Service (Exhibit 3A1 Oand Section 7A2c)
If applicable to Service Area
. Cost perCustomer
$11 36 (50% of Basic Services Total)
Manure Service per collection each week
If applicable to Service Area
2-cubic yard Dumpster
$200.40
Roll-Out/Scout Service
Negotiated with Customer
Billing Fees
* Interruption of Service
$25
* Returned Checks
$25
City of Santa Clarita Exhibit 12: Page 162
IE; IH1 11 IB ii it 12 .[ustorneir Seirvice IPenalty
Reference to "failure" refers to each occurrence of specified Breach (such as for each
Occupant and each Occupant's Collection site, Record entry, or complaint) and not for
aggregate occurrences of those Breaches (such as for all Customers and Occupants on
a given route or day). Per day means each business day except as indicated.
If CONTRACTOR does not timely submit the applicable information, documentation or
complete report or incorporate comments, additions and corrections made by Director
within pay days of receipt of those comments, additions, and corrections, it shall pay the
following customer service penalties.
.................. No ..................
........................................................................................................................................................................................................................................................
................. 22H! of Customer Service Penalty ........................................................................................................................................................................................................................................................................................................................................................................................................................
A ---------------------------------------------------------------------
Amount
......................................................................................................
CUSTOMER SERVICE
C01
For each failure to honor commitment to resolve Customer's or Occupant's
$50
first complaint in accordance with Section 6D1.
CO2
For each failure to honor commitment to resolve Customer's or Occupant's
$125
same complaint, which generated a second complaint, in accordance with
Section 6D1.
-------------------------
0O3
---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For each failure to honor commitment to resolve Customer's or Occupant's
$250 for each
same complaint, which generated a third or more complaint, in accordance
subsequent
with Section 6D1.
complaint
50 _4
For each failure to enter Customer or Occupant call or e-mail into log or
$50
maintain and supply Records of complaints in accordance with Section 6D2.
C05
For each occurrence of charging any Customer more than the Customer
$50 to CITY per
owes for Task 1 Services (such as for the wrong level of service) or
Customer plus
charging any Customer more than Customer Service Fees.
returning 110% of
overcharged amount
payable to Customer
C06
If CONTRACTOR violates the nondiscrimination provisions of this
$250
CONTRACT, including Exhibit 5.
CONTRACT LANGUAGE
L01
Failure to maintain an emergency number or make staff available thereat
$40 per day
in accordance with item J1 of Section 4.
L02
Failure to provide documentation for review or comment by Director or
$500 per
obtain any approval, consent or other permission of Director required under
occurrence and
this CONTRACT, including:
$500 each calendar
• Customer and Occupant correspondence under item F of Section 4
day before retraction
• Publicity materials under item G1 of Section 4;
or correction of
• News releases and trade journal articles related to Solid Waste
misinformation
Collection Services, under item G2 of Section 4
identified by Director
• Customer and Occupant outreach materials under item L of Exhibit 3A1.
L03
Failure to timely submit documentation for review or comment by Director.
$150 per
occurrence plus
$50 per day late
L04
Each failure during any calendar month to return Directorcalls orto timely meet
$250
with CITY in accordance with Section 4H.
L05
Each failure to timely submit satisfactory proof of notification (mailing) in
$100
.........................
accordance with item L4b(4) of Exhibit 3A1.
.... .........................................................................................................................................................................................................................................................................
..............................................................................
City of Santa Clarita Exhibit 12: Page 163
--------------- -------
No.
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- IAmount-----------------------
Description of Customer Service PenaltyI
--------------------------- ---------------
L70 6 .
............Marketing ............... or ...........distributing ................mailing ............lists ...............with ........... t h e .............names .............. a n d ..............addresses of
$5 per Customer
Customers and Occupants, in accordance with Section 1 F.
and Occupant per
occurrence
TO _7
Failure to maintain telephone service in accordance with Section 68.
$40per day
10—B
Failure to maintain electron ic/paperless service in accordance with
$40 per day
Section 6C.
TO _9
Failure to allow Director to inspect, audit, review records, or copy Records
$250
in accordance with Section 9C.
L10
Failure to timely submit AB 939 Records or other required Records in _r�_56
per week late
accordance with item E of Section 9.
REPORTING TO CITY
R01
Failure to submit Monthly reports in accordance with items 10A1 and 1081
$50 per day
of Exhibit 3D.
R02
Failure to submit Quarterly reports in accordance with items 10A2 and
$100 per day
1082 of Exhibit 3D.
R03
Failure to submit Annual reports in accordance with items 10A3 and 1082
$150 per day
of Exhibit 3D
R04
Failure to report adverse information in accordance with items 10C, B, D,
$150 per
and E of Exhibit 3D.
occurrence
R05
Failure to deliver Route maps and schedules in accordance with item 816
$50 per day
of Exhibit 3D.
R06
Failure to submit GPS Reports or video in accordance with item E9 of
$50 per day per
Exhibit 3A1
vehicle
SERVICES TO CUSTOMERS, OCCUPANTS, AND CITY
S01
For each failure to Collect Solid Waste in accordance with Section 6D3 and
$250 per day plus
item 8 of Exhibit 3A1.
$10 for each missed
Occupant per day
S02
Failure to immediately clean up litter, spills or liquid leaks in accordance
$75 per parcel per
with Section 4A1, 4A2 or 4A3, respective.
calendar day
S03
For each failure to prevent spills or liquid leaks in accordance with Section
$250
4A2 and 4A3.
SO4
For each failure to equip a Collection Vehicle with signs in accordance with
$50 per week
item E9 of Exhibit 3A1..
S05
For each occurrence of excessive noise in accordance with item A4 of
$150
Section 4.
S06
Commingling materials from outside the Service Area with Solid Waste that
$250 per Vehicle -
CONTRACTOR Collects inside the Service Area, in accordance with item I
Occurrence
of Section 4.
S07
For each failure to follow its Unpermitted Waste Screening Protocol in
$250
accordance with item A of Section 13.
SOB
Failure to repair damage caused to private property in accordance with
$75
Part 9C of Exhibit 5.
S09
Failure of any Vehicle to deliver Solid Waste to the Solid Waste Facilities
$250 per
designated by CONTRACTOR in accordance with item F of Exhibit 3A1.
Vehicle
S10
For each occurrence Collecting any Solid Waste during unauthorized hours
$250 plus $5 for
prohibited under item 82 of Exhibit 3A1, without Director approval.
each Container or
Bulky Item Collected
S11
For each failure to timely provide, maintain, or repair Container in
$ 15 per day
accordance with item D of Exhibit 3A1.
S12
For each occurrence of failing to return emptied Container upright, or to
$125
their Set -Out Sites, or placing Container in a location that impedes
pedestrian or vehicular traffic in accordance with item D5 of Exhibit 3A1. ------
City of Santa Clarita Exhibit 12: Page 164
No.
Description of Customer Service Penalty
Amount
S13
For each use of an unapproved Container design including labeling, in
$25
..............................
accordance with Section 13D and item D of Exhibit 3A
S14
For each occurrence of disposing of Recyclables, or mixing Recyclables or
$100 per Vehicle
Green Waste with Refuse in accordance with item G2 of Exhibit 3A1.
S15
For each failure to maintain any Vehicle in accordance with Applicable Law
$75 per Vehicle
..............................
per day
S16
For each failure to tag uncollected Solid Waste and keep a record of
$75
reason, in accordance with Section 4C
S 1 7
Failure to maintain and operate GPS and Video Equipment in working
$50 per Vehicle
order, in accordance with item E9 of Exhibit 3A1.
per day
By placing initials below at the places provided, each Party specifically confirms
the accuracy of the statements made above and the fact that each Party has had
many opportunities to consult with legal counsel and obtain an explanation of customer
service penalty provisions of the time that this CONTRACT was made.
CONTRACTOR CITY
Initial Here: Initial Here:
City of Santa Clarita Exhibit 12: Page 165
FLIS-SERVICES, INC.
3010 #LOYD ST.OIURSANK, CA #1304-2$99
TEL; JSIS1 847-21$$*FAX: (S18) $47-2256
w sw.I#•-,•• v I a a I# aC. a0 a *iiC •*a a 491
Bill To
City of Santa Clarita
Attn: Accounts Payable
23920 Valencia Blvd., #295
Santa Clarita CA 91355
Quantity
P.O. No. I Terms
CON-6 I Net 30
Description
Clean out 16 hydro auger - DBAA 3
11/19/19
Dispatched first crew. Found job required extra man power in order to get it
completed before the start of the rain. Rerouted second crew from another job.
First Crew
3.5 Field labor and travel - portal to portal - 2 men - 3.5 regular hours at $255.00 per
hour
481 Mileage - portal to portal - utility truck - 48 mules at $1.35 per hour
Second Crew
2 Field labor and travel -portal to portal - 2 then - 2 regular hours at $255.00 per hour
0.5 Field labor and travel -portal to portal - 2 men - .5 overtime hours at $382.50 per
hour
24 Mileage - one way back to our facility - service truck - 24 miles at $1.55 per hour
Invoice
Date Invoice #
I 1 /25/2019 19K626
Project
DBAA 3 Hydro Auger
Rate
255.00
1.35
255.00
382.50
1.55
ArnOUnt
892.50
64.80
510.00
191.25
37.20
NOTICE TO PROPERTY OWNER
If bills are not paid in full for the labor, services, equipment, or materials furnished or to be
furnished, a mechanic's lien leading to the loss, through court foreclosure proceeding, of all or part
of your property being so improved may be placed against the property even though you have paid
your contractor in full. You may wish to protect yourself against this consequence by (1) requiring
your contractor to furnish a signed release by the person or firm giving you this notice before
making payment to your contractor or (2) any other method or device that is appropriate under
the circumstances, such as a contractor's payment bond.
CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY
TOTE CONTRACTOR'S STATE LICENSE BOARD which has jurisdiction to investigate
complaints against contractors if a complaint regarding a patent act or omission is filed within four
years of the date of the alleged violation. A complaint regarding a latent act or omission'pertaining
to structural defects inust be filed within ten y�em of die date of the alleged violation. Any
questions concerning a contractor ntay be referred to:
Registrar Contractor's State License Board
P.O. Box 26000
Sacramento, California 9587.6
CONTRACTORS STATE LICENSE BOARD
STATE OFCAMAOPNIA
DEPARTMENiOF
WoWyLict
CONTRACTORS - LICENSE NO.988492
FLii-SERVICES,, INC.
4% j:lf i L(ry[, *BUkBANK �_ A J 1 564-259(/
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