HomeMy WebLinkAbout2022-06-14 - AGENDA REPORTS - BURRTEC RESIDENTIAL COMMERCIAL AGMT4
Agenda Item:4
CITY OF SANTA CLARITA
AGENDA REPORT
NEW BUSINESS
CITY MANAGER APPROVAL:
DATE: June 14, 2022
AWARD OF SOLID WASTE COLLECTION SERVICES FRANCHISE
SUBJECT:
AGREEMENT
DEPARTMENT: Neighborhood Services
PRESENTER: Darin Seegmiller
RECOMMENDED ACTION
City Council:
1. Adopt a resolution to approve the Agreement for the Provision of Residential and
Commercial Garbage, Recyclable Materials and Organic Waste Collection Services with
Burrtec Waste Industries, Inc., for residential and commercial garbage, recyclable materials,
and organic waste collection services for a 10-year base term beginning on July 1, 2023, and
ending on June 30, 2033.
2. Authorize the City Manager or designee to execute all documents, subject to City Attorney
approval.
BACKGROUND
Current Solid Waste Franchise Agreements Expire June 30, 2023
The City of Santa Clarita (City) has two agreements for the regularly scheduled collection and
processing of garbage, recyclables, and organic waste, providing services to approximately
49,100 residential accounts and approximately 2,000 commercial accounts. USA Waste of
California Inc. dba Waste Management of Santa Clarita (WM of Santa Clarita), currently
provides residential solid waste collection services, including multi-family properties, and
Burrtec Waste Industries, Inc. (Burrtec), provides commercial solid waste collection services.
Both agreements will expire on June 30, 2023.
On April 27, 2021, the City Council approved a professional consulting services agreement with
R3 Consulting Group Inc. (R3) to assist with negotiations of new solid waste franchise
agreements for residential and commercial customers. From June to July 2021, City staff and R3
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assessed the potential for negotiating extensions to the current agreements with WM and Burrtec
in order to meet the requirements of Senate Bill (SB) 1383. City staff met with both service
providers regarding the likely rate impact of extending the agreements and implementing
programs and services for SB 1383 compliance. After the current residential waste hauler
indicated the strong possibility of significant rate increases, the City decided it would not be in
the best interest of Santa Clarita residents and businesses to negotiate a sole-source extension to
the existing agreements, but to proceed with a competitive Request for Proposals (RFP)
procurement process for new residential and commercial solid waste agreements. The City
Council awarded, on September 28, 2021, an amendment to the contract with R3 to prepare,
negotiate, implement an RFP process for new solid waste franchise agreements, and to continue
work on SB1383 compliance.
Current Solid Waste Collection Services
Residential Cart Collection Service Programs - Single-family dwelling (SFD) service recipients
in the City receive curbside carts for garbage, recyclable materials, and green waste. The
following list details current services for SFD service recipients:
Weekly curbside collection of garbage: 96-gallon carts standard, 64-gallon carts, and 32-
gallon (Super Saver at a discounted rate) carts available
Weekly curbside collection of recyclable material
Weekly curbside collection of green waste
Manure collection
Street Litter Cart Collection
Four, on-call bulky waste collections per year; up to three items per collection
Stationary textile collection bin
Holiday tree collection
Multi-family Collection Service Programs - Multi-family dwelling service recipients in the City
receive weekly collection of bins for garbage, and bin or cart collection for recyclable material,
both based on volumetric need. Green waste collection services must be offered by WM of Santa
Clarita upon request.
Commercial Collection Service Programs - Commercial service recipients in the City receive
carts or bins for garbage and recyclable material, based on volumetric need. Commercial
collection service is provided to service recipients at least weekly, up to six times per week.
Currently, Burrtec must provide food and green waste collection upon request.
New Solid Waste Regulations
Since the existing agreements went into effect, the State has passed several laws that
significantly affect the processing of garbage, recyclables, and organic waste. In 2011, the State
adopted Assembly Bill (AB) 341, requiring all businesses to recycle and jurisdictions to
implement a commercial recycling program. A goal of a 75 percent recycling diversion rate by
2020 was established by AB341. Adopted in 2014, AB1826, requires jurisdictions to implement
a waste recycling program to divert organic waste collected from businesses and multi-family
dwellings, from the landfill.
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In 2016, SB1383 was passed, which was designed to keep organic waste out of the landfills,
requiring a state-wide target of a 50 percent reduction in organic waste disposal by 2020 and
75 percent by 2025. These regulations went into effect January 1, 2022. Jurisdictions are
required, under SB1383, to provide organics services to all residents and businesses, establish an
edible food recovery program, procure recyclable and recovered organic products, secure access
to organics recycling capacity, monitor compliance, and conduct enforcement.
The passage of SB619 in late 2021 allowed jurisdictions to adopt a resolution and submit a plan
to CalRecycle called a Notice of Intent to Comply (NOIC). The NOIC indicated intent to comply
agreements expiring and the RFP process underway for a new franchise agreement, the City
Council adopted Resolution 22-4 on February 8, 2022, approving submission of a NOIC. The
NOIC was submitted to CalRecycle allowing the City time to complete a competitive
procurement process and select service provider(s) that will implement many of the SB1383
required programs beginning July 1, 2023.
Community Input Regarding Solid Waste Services
needs, staff created an online survey to obtain community feedback on residential garbage and
recycling services. The survey was available on GreenSantaClarita.com and on the main City
website from October 5, 2021, to November 5, 2021. Paper copies were available upon request.
The City received 790 responses from the community. The survey results
priorities, including potential for improvement in customer service, room for improvement in the
quality of service being provided, and a focus on competitive customer rates, with the following
specific ratings:
Level of customer service was rated at a 3.2 out of 5.0
Service provided by waste service provider was rated at a 3.7 out of 5.0
Cost of garbage and recycling service was rated 34 percent as excellent or good,
44 percent as fair, and 22 percent as below average or poor
Competitive Request for Proposals (RFP) Procurement Process
Staff and R3 met with the City Council Waste Diversion Recycling Committee (Committee) on
January 18, 2022. The Committee provided feedback on the RFP process and desired services,
following whi
franchise agreements.
On January 25, 2022, the City Council amended the Santa Clarita Municipal Code Chapter 15.44
to adopt many of the regulations imposed by SB1383. At the time, it was anticipated that many
provider, as described in the NOIC submitted to CalRecycle. These programs have been included
in the proposed agreement.
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ANALYSIS
New Solid Waste Agreement
The new Agreement for the Provision of Residential and Commercial Garbage, Recyclable
Materials and Organic Waste Collection Services (Agreement) was developed to preserve and
maintain priority services currently provided to
addressing the many challenges related to recent regulatory changes.
The Agreement was designed to allow the City to award both residential and commercial
services to one proposer or to consider the possibility of awarding separate agreements for
residential and commercial services. A draft Agreement was provided by R3 to address
waste agreement framework, including the following key considerations:
Expanding organics collection services to meet the requirements of SB1383
Updating container colors and labeling to meet the requirements of SB1383
(grey for garbage, blue for recycling, green for organics)
Providing expanded education and outreach programs and services
Providing reports of customer subscriptions to determine compliance with SB1383
requirements
Updating processing and diversion requirements
Providing for the procurement of recovered organic materials as required by SB1383
Providing detailed tracking and reporting for SB1383 compliance
The new Agreement includes bundled services (garbage, recycling, and organic waste) for all
residential, multi-family, and commercial customers to achieve SB1383 compliance. All prior
services provided to residents and business are maintained, with the following key provisions
included in the new Agreement:
10-year base term beginning on July 1, 2023, and up to two extensions of five years each
New SB1383 services
o Bundled rates, including minimum recycling and organics services, for all
customers and green/organic containers to include collection of food waste
o Carts and painted bins to meet SB1383 color and labeling requirements
o Residential kitchen food waste pails
o Outreach and education ($75,000 per year provided by the selected contractor)
o Manure to be processed as organic waste
o Route audits
o Contamination monitoring
o Reporting
o Mulch or compost delivery to support procurement requirements
o Support for edible food recovery program
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New or expanded services
o Collection of extra residential cardboard that do not fit into recycling containers
o Move-in/move-out residential collection service for flattened cardboard boxes
o Residential home compost bins (up to 500/year provided by contractor)
o Carpet and mattress recycling
o Code enforcement clean-up services (up to 60 roll-off collections per year)
o Document shredding drop-off events (four per year)
Billing and fees
o Procurement reimbursement of $300,000 (one-time due 30 days after contract is
signed)
o Franchise fee payments of 10%
o Marketing and Sales of Recyclable Materials ($5.50/ton)
o Administrative Fee of $300,000 per year
o SB1383 Program Cost Contribution of $130,000 per year
o Advertising and Outreach Contribution of $20,000 per year
o Annual Consumer Price Index (CPI) rate adjustments begin in January 2025 with
a cap and a floor, and subject to the Santa Clarita Valley Rate Cap
Other terms, conditions and services, not limited to:
o Use of Chiquita Canyon Landfill for solid waste disposal
o Use of the Conservation Station/Rent-a-Bin for recyclables and organics
o Use of a customer service call center located within City limits
o Use of low-carbon LNG, CNG, hydrogen, or electric vehicles
Proposal Evaluation Process
The RFP schedule was developed to provide the chosen waste hauler(s) with the time necessary
to secure the assets and resources needed to begin servicing the City on July 1, 2023.
On January 27, 2022, the RFP was published with a March 24, 2022, deadline for proposal
submissions. Subsequently, through addenda, the proposal submission deadline was extended
through April 7, 2022. Proposals were received from the following three entities:
1. Arakelian Enterprises, Inc. dba Athens Services
2. Burrtec Waste Industries, Inc.
3. USA Waste of California, Inc. dba Waste Management of Santa Clarita
All three proposals passed an initial Pass/Fail review to check for completeness and compliance
with the proposal requirements. The proposals were then reviewed by the seven-member
evaluation team, which consisted of City and R3 staff, between April 8 and April 20. Proposals
were reviewed and scored based on qualifications, technical approach, sustainability, and service
rates.
The evaluation team met on April 21 and 26, to rank the proposals (Table 1), and on April 28 to
rank the interviews (Table 2). The overall ranking placed Burrtec in first, Athens in second, and
WM in third as shown in Table 3.
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Table 1: Proposal Evaluation Scores
Total Initial Evaluation Criteria Athens Burrtec WM
Points
30 Total Qualifications 26 28 25
30 Total Technical Approach 22 27 21
20 Total Sustainability 17 16 18
20 Total Service Recipient Rates 12 17 4
100 INITIAL EVALUATION SCORE 77 88 68
Table 2: Interview Evaluation Scores
Total Presentation Rating Criteria Athens Burrtec WM
Points
5 Introduction - Impression/Professionalism 5 3 3
10 Overall Quality/Organization of Presentation 10 7 8
25 Understanding of Collection Agreement & Potential Issues 17 23 15
25 Familiarity with SB1383 & Solid Waste Industry Challenges 18 22 17
15 Quality/Experience of Solid Waste Services Provided 15 13 12
15 Coordination of Staff/Customer Service 12 14 12
5 Knowledge of the Santa Clarita Valley 3 5 5
100 INTERVIEW EVALUATION SCORE 80 87 72
Table 3: Final Evaluation Team Consensus Scoring
Evaluation Criteria Athens Burrtec WM
Proposed Evaluation 77 88 68
Interview Score 80 87 72
FINAL EVALUATION TEAM CONSENSUS SCORE 157 175 140
The evaluation team recommended proceeding to negotiate an Agreement with Burrtec for both
residential and commercial services based on key differentiating factors, including but not
limited to:
Santa Clarita Call Center: Burrtec proposed a sufficiently staffed customer call center
located in the City. An in-City call Center was not proposed by WM of Santa Clarita.
Athens proposed an in-City call Center, but the low number of customer service
representatives did not appear to be sufficient for the level of activity in the City.
Use of local Rent-a-Bin facility:
waste facilities and demonstrated value by proactively partnering with Rent-a-Bin. Waste
Management of Santa Clarita also committed to the use Rent-a-Bin but did not
demonstrate a partnership approach. Athens proposed use of its own facilities outside of
the City.
Residential Rates: Burrtec proposed the lowest overall residential rates and did not
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propose changes to the Santa Clarita Valley Rate Cap (Rate Cap). Waste Management of
Santa Clarita proposed the highest residential rates and changes to the Rate Cap that
overall slightly higher than Burrtec. Athens proposed removal of the Rate Cap and
declined to keep rates fixed through the end of 2024, as required by the RFP. Athens
proposed rates also required the award of both the residential and commercial services.
s provide stand-alone rates that
would allow the City to separately award the residential and commercial services to
different proposers.
Commercial Rates: Burrtec proposed the lowest overall commercial rates. Waste
Management of Santa Clarita proposed the highest commercial rates and proposed
proposed commercial rates were overall higher than Burrtec, and lower than WM of
Santa Clarita. Athens proposed removal of the Rate Cap and declined to keep rates fixed
through the end of 2024, as required by the RFP. Athens proposed rates also required
expectation that proposers provide stand-alone rates that would allow the City to
separately award the residential and commercial services to different proposers.
A comparative table of the most common monthly rates for residential and commercial
customers is provided below. It should be noted that the proposed rates would not take effect
until July 1, 2023, and that the City required no adjustments to proposed rates until January 1,
2025.
Table 4: Summary Comparison of Common Monthly Rates
Approved
Service Athens Burrtec WM
22/23
Proposed Proposed Proposed
Rates
Basic residential cart service (96-$26.31* $29.20 $28.92 $55.38
gallon garbage, 96-gallon recycling,
96-gallon organics)
Basic commercial bundle (3-yard $263.13** $434.02 $346.10 $463.73
garbage, 3-yard recycling, 64-gallon
organics; once per week collection)
* Current rate does not include SB1383 compliant organics collection service.
** Rate shown includes separate charge for 64-gallon organics collection service.
Upon commencement of the Agreement, residents will have the opportunity to evaluate service
needs and customize sizes of carts and bins to their specific needs. In addition, multi-family and
commercial properties may adjust container sizes and service days to their specific needs and
potentially defray cost increases.
Negotiation Outcomes and Recommended Contract Award
After completion of the evaluation and scoring process, City and R3 met to negotiate a final
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Agreement with Burrtec inclusive of both residential and commercial services.
A negotiation meeting was held on May 16, 2022, during which staff and R3 confirmed that
Burrtec is ready, willing, and able to perform services at proposed rates; able to procure and
receive required equipment by the start of new services on July 1, 2023; and accept the Rate Cap
for residential rates.
proposed revisions to the annual rate adjustment methodology. Staff and R3 negotiated with
s to the annual rate adjustment methodology, and
retain the Rate Cap for residential services. The annual cap to CPI adjustment will be set at
carryforward, and the proposed 32-gallon and 64-gallon bundled residential rates will be reduced
by $1.20 per month.
terms and conditions in the RFP and draft Agreement. While WM of Santa Clarita and Athens
both demonstrated an ability to provide the requested services, both took exception to many
requirements in the draft Agreement that staff found restrictive. Waste Management of Santa
expectations as outlined in the RFP. Specifically, WM of Santa Clarita took exception to the
requirements, vehicle and equipment requirements, liquidated damages,
rate
-alone service providers for residential
and commercial services, and other proposed revisions.
ALTERNATIVE ACTION
Other action as determined by City Council.
FISCAL IMPACT
No additional funding requested. Cost of consultant to assist with RFP and evaluation process
was included in the adopted FY 2021-22 Solid Waste Fund Budget and will be reimbursed by
Burrtec upon execution of the agreement. Associated staff time was included in the adopted
FY 2021-22 and FY 2022-23 Solid Waste budgets.
ATTACHMENTS
Resolution
Final Draft Burrtec Agreement 05-31-2022 (available in the City Clerk's Reading File)
Burrtec Proposal (available in the City Clerk's Reading File)
Request for Proposals ES 21-22-16 (available in the City Clerk's Reading File)
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4.a
RESOLUTION NO. 22-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA,
CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
FOR PROVISION OF GARBAGE, RECYCLABLE MATERIALS, AND ORGANIC WASTE
COLLECTION SERVICES WITH BURRTEC WASTE INDUSTRIES INC.
WHEREAS, the City of Santa Clarita (City) current agreements for provision of
garbage, recyclable materials and organic waste collection services for residents and businesses
expire on June 30, 2023; and
WHEREAS, the City needs to arrange for garbage, recyclable materials and organics
waste collection effective July 1, 2023; and
WHEREAS, SB1383 regulations necessitate that the City secure new programs and
services to achieve compliance with the regulations; and
WHEREAS, on January 27, 2022, the City issued a request for proposals (RFP) from
companies to provide garbage, recyclable materials and organic waste collection services for
residents and businesses; and
WHEREAS, on April 7, 2022, the City received three proposals from potential
services providers; and
WHEREAS, upon thorough evaluation of proposals and interviews with the potential
services providers, Burrtec Waste Industries Inc. (Company) was found to be the top ranked
proposer of garbage, recycle materials and organic waste collection services for residents and
businesses; and
WHEREAS, the City and Company negotiated in good faith the terms of an
Agreement for the Provision of Garbage, Recyclable Materials and Organic Waste Collection
Services (Agreement); and
WHEREAS, the Company has agreed to provide new services for SB1383
compliance, including universal provision of organics collection services, new garbage and
recycling carts meeting color and labelling requirements, compliance reviews and contamination
audits, outreach and education to customers, support for organics generation waivers, support for
edible food recovery programs, and compliance recordkeeping and reporting; and
WHEREAS, the Company has agreed to provide valued services including a
Attachment: Resolution (AWARD OF SOLID WASTE COLLECTION SERVICES FRANCHISE AGREEMENT)
customer service call center in the City and the use of the City-designated local processing and
transfer facility; and
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4.a
WHEREAS, the Company proposed the lowest overall residential and commercial
rates for provision of garbage, recyclable materials, and organic waste collection service; and
WHEREAS, the initial term of the Agreement will be for a ten-year period through
June 30, 2033 with possible extensions.
NOW THEREFORE, the City Council of the City of Santa Clarita, California, does
hereby resolve as follows:
SECTION 1. City Council award the Agreement to Burrtec Waste Industries, Inc., for
residential and commercial garbage, recyclable materials, and organic waste collection services
for a ten-year base term beginning on July 1, 2023, and ending on June 30, 2033.
SECTION 2. Authorize the City Manager or designee to execute all documents,
subject to City Attorney approval.
SECTION 3. The City Clerk shall certify to the adoption of this resolution.
th
PASSED, APPROVED, AND ADOPTED this 14 day of June, 2022.
______________________________
MAYOR
ATTEST:
_______________________________
CITY CLERK
DATE:__________________________
Attachment: Resolution (AWARD OF SOLID WASTE COLLECTION SERVICES FRANCHISE AGREEMENT)
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4.a
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 No. 22- was duly adopted by the City Council of the City of Santa
th
Clarita at a regular meeting thereof, held on the 14 day of June, 2022, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
CITY CLERK
Attachment: Resolution (AWARD OF SOLID WASTE COLLECTION SERVICES FRANCHISE AGREEMENT)
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1 AGREEMENT
2 FOR THE PROVISION OF
3
4 GARBAGE, RECYCLABLE MATERIALS AND
5 ORGANIC WASTE COLLECTION SERVICES
6
7 Executed Between the
8 City of Santa Clarita and Burrtec Waste Industries Inc.
9
st
10 This 1 day of July 2023
11
12
13
14 TABLE OF CONTENTS
15 Collection Services Agreement
16
17 Article 1. Definitions ................................................................................................................... 6
18 Article 2. Term of Agreement .................................................................................................. 18
19 Article 3. Conditions Governing Services Provided by Contractor .......................................... 18
20 Article 4. Franchise Fees and Payments ................................................................................. 20
21 Article 5. General Requirements ............................................................................................. 22
22 Article 6. Collection Service Rates .......................................................................................... 28
23 Article 7. Collection Service Billing .......................................................................................... 32
24 Article 8. Diversion Requirements ........................................................................................... 33
25 Article 9. Service Unit Types ................................................................................................... 36
26 Article 10. Residential Service ................................................................................................. 36
27 Article 11. MFD Service ........................................................................................................... 43
28 Article 12. Commercial Service ............................................................................................... 50
29 Article 13. Mixed Use Dwelling Service (MXD) ....................................................................... 57
30 Article 14. City Services .......................................................................................................... 57
31 Article 15. Additional Services ................................................................................................. 59
32 Article 16. Collection Routes ................................................................................................... 60
33 Article 17. Minimum Performance and Diversion Standards ................................................... 60
34 Article 18. Collection Equipment ............................................................................................. 63
35 ... 66
36 Article 20. Contractor Support Services .................................................................................. 67
37 Article 21. Emergency Service ................................................................................................ 72
38 Article 22. Record Keeping and Reporting Requirements ....................................................... 72
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39 Article 23. Nondiscrimination ................................................................................................... 77
40 Article 24. Service Inquiries and Complaints ........................................................................... 77
41 Article 25. Quality of Performance of Contractor ..................................................................... 78
42 Article 26. Performance Bond ................................................................................................. 80
43 Article 27. Insurance ................................................................................................................ 80
44 Article 28. Hold Harmless and Indemnification ........................................................................ 83
45 Article 29. Default of Agreement ............................................................................................. 85
46 Article 30. Modifications to the Agreement .............................................................................. 88
47 Article 31. Legal Representation ............................................................................................. 89
48 Article 32. Conflict of Interest .................................................................................................. 89
49 Article 33. Contractor's Personnel ........................................................................................... 89
50 Article 34. Exempt Waste ........................................................................................................ 91
51 Article 35. Independent Contractor .......................................................................................... 91
52 Article 36. Laws to Govern ...................................................................................................... 92
53 Article 37. Consent to Jurisdiction ........................................................................................... 92
54 Article 38. Assignment ............................................................................................................. 92
55 Article 39. Compliance with Laws ............................................................................................ 92
56 Article 40. Permits and Licenses ............................................................................................. 93
57 Article 41. Ownership of Written Materials .............................................................................. 93
58 Article 42. Waiver .................................................................................................................... 93
59 Article 43. Prohibition Against Gifts ......................................................................................... 93
60 Article 44. Point of Contact ...................................................................................................... 93
61 Article 45. Notices ................................................................................................................... 94
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62 Article 46. Transition to Next Contractor ................................................................................. 94
63 95
64 Article 48. Entire Agreement ................................................................................................... 96
65 Article 49. Severability ............................................................................................................. 96
66 Article 50. Right to Require Performance ................................................................................ 96
67 Article 51. All Prior Agreements Superseded .......................................................................... 96
68 Article 52. Headings ................................................................................................................ 96
69 Article 53. Exhibits ................................................................................................................... 96
70 ... 97
71 Article 55. Effective Date ......................................................................................................... 97
72 Exhibit 1 City Approved Service Rates .................................................................................. 99
73 Exhibit 2 City Sponsored Events .......................................................................................... 103
74 Exhibit 3 List of City Properties and Current Service Levels ................................................ 104
75 Exhibit 4 Collection Container Specifications ....................................................................... 107
76 Exhibit 5 Transition Plan ...................................................................................................... 110
77 Exhibit 6 Administrative Charges and Penalties .................................................................. 119
78 Exhibit 7 Customer Service Plan .......................................................................................... 121
79 Exhibit 8 Collection Service Operations Plan ....................................................................... 126
80 Exhibit 9 City-Approved Processing and Disposal Facilities ................................................ 157
81 Exhibit 10 Sustainability and Compliance Plan .................................................................... 158
82 Exhibit 11 Outreach and Education Plan ............................................................................. 176
83 Exhibit 12 Acceptable Recyclable Materials ........................................................................ 183
84
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85 Contractor shall commence performance of its Collection Service obligations under this agreement
86 between the City of Santa Clarita, a general law
87 city of the State of California, referred to as "City" and Burrtec Waste Industries Inc corporation referred to
88 as "Contractor".
89 The Legislature of the State of California, by enactment of the California Integrated Waste
90 additions and amendments (codified at California
91 Public Resources Code Section 40000 et seq.), has declared that it is in the public interest to authorize and
92 require local agencies to make adequate provisions for garbage collection within their jurisdiction.
93 The State of California has found and declared that the amount of garbage generated in California,
94 coupled with diminishing landfill space and potential adverse environmental impacts from landfilling and the
95 need to conserve natural resources, have created an urgent need for State and local agencies to enact and
96 implement an aggressive integrated waste management program. The State has, through enactment of the
97 Act, directed the responsible State agency, and all local agencies, to promote disposal site diversion and
98 to maximize the use of feasible garbage reduction, re-use, recycling, and composting options in order to
99 reduce the amount of garbage that must be disposed of in disposal sites.
100 Pursuant to its Municipal Code and California Public Resources Code Section 40059(a) as may be
101 amended from time to time, City has determined that the public health, safety, and well-being require that
102 an exclusive right be awarded to a qualified contractor to provide for the collection of garbage, recyclable
103 materials, and organic waste materials, except for coll
104 ent diversion goal and other requirements of the Act.
105 City further declares its intent to regulate and set the maximum rates Contractor may charge Service
106 Recipients for the collection, transportation, processing, recycling, composting, and/or disposal of garbage,
107 recyclable materials, and organic waste materials.
108 The City Council has determined that Contractor, by demonstrated experience, reputation and
109 capacity, is qualified to provide for the collection of garbage, recyclable materials, and organic waste
110 materials within the corporate limits of City, the transportation of such material to appropriate places for
111 processing, recycling, composting and/or disposal; and City Council desires that Contractor be engaged to
112 perform such services on the basis set forth in this Agreement; and,
113 Contractor has represented that it has the ability and capacity to provide for the collection of garbage,
114 recyclable materials, and organic waste materials within the corporate limits of City; the transportation of
115 such material to appropriate places for processing, recycling, composting and/or disposal; and the
116 processing of materials.
117 The Parties agree that solid waste Collection Services shall be provided pursuant to this Agreement
118 which time this Agreement shall be controlling.
119 Now, therefore, in consideration of the mutual covenants, agreements and consideration contained
120 in this Agreement, City and Contractor agree as follows:
121
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122 Article 1. Definitions
123 For the purpose of this Collection Services Agreement, referred to as "Agreement", the definitions contained
124 in this Article apply unless otherwise specifically stated. When not inconsistent with the context, words used
125 in the present tense include the future, words in the plural include the singular, and words in the singular
126 include the plural. Use of the masculine gender includes the feminine gender. The meaning of terms or
127 words not defined in this Article will be as commonly understood in the solid waste collection services
128 industry when the common understanding is uncertain.
129 a Assembly Bill No. 341 approved October 5,
130 2011. AB 341 requires businesses, defined to include commercial or public entities that generate more than
131 4 cubic yards of commercial solid waste per week or multifamily residential dwellings of 5 units or more, to
132 arrange for recycling services and requires jurisdictions to implement a commercial solid waste recycling
133 program.
134 a Assembly Bill No. 827 approved October 02,
135 2019. AB 827 requires businesses that are mandated to
136 provide customers access to the business, to
137 provide customers with a recycling bin and/or organics collection bin for those waste streams that is visible,
138 easily accessible, and adjacent to each bin or container for trash.
139 he California Integrated Waste Management Act
140 ode §§ 40000 et seq, and such regulations adopted by.
141 California Department of Resources Recycling and Recovery (CalRecycle) for implementation of the Act, or
142 its successor agency, including but not limited to, the Jobs and Recycling Act of 2011 (AB 341), SB 1016
143 (Chapter 343, Statues of 2008 \[Wiggins, SB 1016\]), the Mandatory Commercial Organics Recycling
144 Resources Code § 40000 and following as it may be amended and as implemented by the regulations of
145 CalRecycle.
146 lifornia Assembly Bill No. 1594 approved
147 September 28, 2014. AB 1594 provides that as of January 1, 2020, the use of green material as Alternative
148 Daily Cover does not constitute diversion through recycling and would be considered disposal.
149 lifornia Assembly Bill No. 1669 approved
150 September 30, 2016 which amends California Labor Code Sections 1070 through 1076 with respect to the
151 hiring of displaced employees under service contracts for the collection and transportation of solid waste.
152 lifornia Assembly Bill No. 1826 approved
153 September 28, 2014. AB 1826 requires each jurisdiction, on and after January 1, 2016, to implement an
154 organic waste recycling program to divert from the landfill organic waste from businesses. Each business
155 meeting specific organic waste or solid waste generation thresholds phased in from April 1, 2016 to January
156 1, 2020, is required to arrange for organic waste recycling services.
157 lifornia Assembly Bill No. 3036 approved
158 September 27, 2018. AB 3036 prohibits a County, City, District, or local government agency from subjecting
FINAL AGREEMENT Page 6 of 183
159 the hauling of certain byproducts from the processing of food or beverages to an exclusive franchise,
160 contract, license, or permit.
161 written agreement between the City and the
162 Contractor covering the work to be performed and all contract documents attached to the agreement and
163 made a part thereof.
164 1.09 Agreement Administrator. The City Manager, or his or her designee, designated to
165 administer and monitor the provisions of the Agreement.
st
166 1.10 Agreement Year. Agreement year means each twelve (12) month period from July 1 to
th
167 June 30 during the term of this Agreement.
168 ll laws, regulations, rules, orders, judgments,
169 decrees, permits, approvals, or other requirement of any federal, state, county, city, and local governmental
170 agency having jurisdiction over the collection and disposition of Solid Waste, including Recyclable Materials,
171 Organic Waste, and Construction and Demolition Debris.
172 1.12 Best Management Practice. Best Management Practice means the schedule of activities,
173 prohibition of practices, maintenance procedures, and other management practices to prevent or reduce, to
174 the maximum extent that is technologically and economically feasible, the discharge of pollutants in the
175 storm drain system.
176 waste container designed or intended to be
177 mechanically serviced by a commercial front-end loader vehicle. It shall be designed to hold from one (1) to
178 six (6) cubic yards of material with the lid properly closed. The specifications for Contractor-provided Bins
179 are set forth in Exhibit 4.
180 1.14 Biohazardous or Biomedical Waste. Any waste which may cause disease or reasonably
181 be suspected of harboring pathogenic organisms; included are waste resulting from the operation of medical
182 clinics, hospitals, and other facilities processing wastes which may consist of, but are not limited to, human
183 and animal parts, contaminated bandages, pathological specimens, hypodermic needles, sharps,
184 contaminated clothing and surgical gloves.
185 1.15 Brown Goods. Electronic equipment such as
186 other similar items collected from SFD Service Units.
187
188 ting of discarded white goods,
189 furniture, tires, carpets, mattresses, and similar large items which do not fit in a regular Collection Container
190 and require special handling due to their size but can be collected and transported without the assistance of
191 special loading equipment (such as forklifts or cranes) and without violating vehicle load limits. It does not
192 include abandoned automobiles and other vehicles, nor does it include items defined as Exempt Waste.
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193 1.17 Business Day. Any Monday through Friday, excluding any holidays as defined in Section
194 5.03.
195 1.18 Calendar Year. Each twelve (12) month period from January 1 to December 31.
196 with a rated capacity of at least twenty (20)
197 and not more than one hundred (100) gallons, having a hinged tight-fitting lid and wheels, that is provided
198 by the Exclusive Franchise Solid Waste Contractor, approved by the City, and used by Service Recipients
199 for collection, accumulation, and removal of solid waste from commercial, industrial, or residential premises
200 in connection with Exclusive Franchise Collection Services. The specifications for Contractor-provided Carts
201 are set forth in Exhibit 4.
202 1.20 CERCLA. The Comprehensive Environmental Response, Compensation and Liability Act
203 of 1980, 42 U.S.C. Sections 9601 and following, as may be amended and regulations promulgated
204 thereunder.
205 1.21 Change in Law. means the occurrence of any of the following events after the Effective
206 Date, when such event has a material and adverse effe
207 obligations under this Agreement (except for any payment obligations): (i) the enactment, adoption,
208 promulgation, amendment, repeal, judicial interpretation, or formal administrative interpretation of any
209 Applicable Law; (ii) the issuance of any order or judgment of any federal, state, or local court or agency in a
210 proceeding to which a Party is a party, but not to the extent such order or judgment finds the Party asserting
211 there to have been a Change in Law to have been negligent or otherwise at fault; or (iii) the denial,
212 suspension, or termination of any government permit or other entitlement, but not to the extent such denial,
213 suspension, or termination is the result of any act or omission of the Party asserting there to have been a
214 Change in Law.
215 1.22 City. The City of Santa Clarita, California, including any unincorporated areas of the County
216 that may be annexed by the City during the Initial Term and all extensions.
217 1.23 City Collection Service. City Garbage Collection Service, City Organic Waste Collection
218 Service, City Recycling Service, City Clean-up Services, City-Sponsored Events Services, and Large Item
219 Collection Services.
220 A. City Clean-up Services. On-call City requested Collection from Agreement
221 Administrator to support City services and operations.
222 B. City Garbage Collection Service. The Collection of Garbage, by Contractor, from
223 City Service Units in the Service Area and the delivery of that Garbage to a Disposal Facility.
224 C. City Large Item Collection Service. The periodic on-call Collection of Large Items,
225 by Contractor, from City Service Units in the Service Area and the delivery of those Large Items to a Disposal
226 Facility, Materials Recovery Facility or such other facility as may be appropriate under the terms of this
227 Agreement.
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228 D. City Organic Waste Collection Service. The Collection of Organic Waste, by
229 Contractor, from City Service Units in the Service Area, the delivery of those Organic Waste materials to an
230 Organic Waste Processing Facility and the processing and marketing of those Organic Waste materials, and
231 the disposal of all City Organic Waste Processing Residue.
232 E. City Recycling Service. The Collection of Recyclables Materials by the Contractor
233 from City Service Units in the Service Area, the delivery of those Recyclable Materials to a Materials
234 Recovery Facility and the processing and marketing of those Recyclable Materials, and the disposal of all
235 City Recyclables Materials Processing Residue.
236 F. City Sponsored Event Services. On-call Collection Services at City-Sponsored
237 Events.
238 1.24 City Facility. City Facility(ies) means any building or other site that the City owns, leases,
239 or occupies that are listed in Exhibit 3.
240 1.25 City Manager. City Manager means the City Manager of the City of Santa Clarita, or his or
241 her designated representative, or any employee of the City who succeeds to the duties and responsibilities
242 of the City Manager.
243 1.26 Collect and Collection and Collected. The removal of Solid Waste from a Service Unit and
244 transportation to a Disposal Facility, Organic Waste Processing Facility, Materials Recycling (or Recovery)
245 Facility, or Transfer Station as appropriate.
246 1.27 Collection Container. A Bin, Cart, or Roll-Off Container that is approved by the Agreement
247 Administrator for use by Service Recipients for Collection Services under this Agreement.
248 under this Agreement to Collect Solid Waste
249 within the Service Area. Collection Service includes Residential Collection Service, Commercial Collection
250 Service, and City Collection Service.
251 1.29 Collection Vehicle. A licensed vehicle that has all required licenses to provide Collection
252 Service and that has been approved by the Agreement Administrator for use under this Agreement.
253 1.30 Commencement Date. Has the meaning specified in Section 2.01 of this Agreement.
254 1.31 Commercial Collection Service. Collection Service provided to Commercial Service Units.
255 Commercial Collection Service includes Commercial Garbage Collection Service, Commercial Organic
256 Waste Collection Service, and Commercial Recycling Collection Service. Commercial Collection Service
257 specifically includes the following:
258 A. Commercial Garbage Collection Service. The Collection of Garbage by Contractor,
259 from Commercial Service Units in the Service Area and the delivery of that Garbage to a Disposal Facility.
260 B. Commercial Organic Waste Collection Service. The Collection of Organic Waste,
261 by Contractor, from Commercial Service Units in the Service Area, the delivery of those Organic Waste
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262 materials to an Organic Waste Processing Facility and the processing and marketing of those Organic
263 Waste materials, and the disposal of all Commercial Organic Waste Processing Residue.
264 C. Commercial Recycling Collection Service. The Collection of Recyclable Materials,
265 by Contractor, from Commercial Service Units in the Service Area, the delivery of those Recyclable
266 Materials to a Materials Recovery Facility and the processing and marketing of those Recyclable Materials,
267 and the disposal of all Commercial Recyclable Materials Processing Residue.
268 1.32 Compactor. Any Collection Container which has a compaction mechanism, whether
269 stationary or mobile.
270 uct of the controlled biological decomposition
271 of Organic Wastes that are Source Separated or are separated at a centralized facility. Compost may also
272 include the product of anaerobic digestion or other conversion technologies.
273
274 struction and Demolition Debris means discarded
275 materials removed from premises, resulting from construction, renovation, remodeling, repair,
276 deconstruction, or demolition operations on any pavement, house, commercial building, or other structure
277 or from landscaping. Such materials include but are
278 Resources Code Section 41821.3(a)(1) (rock, concrete, brick, sand, soil, ceramics and cured asphalt),
279 gravel, plaster, gypsum wallboard, aluminum, glass, plastic pipe, roofing material, carpeting, wood, masonry,
280 trees, remnants of new materials, including paper, plastic, carpet scraps, wood scraps, scrap metal, building
281 materials, packaging and rubble resulting from construction, remodeling, renovation, repair and demolition
282 operations on pavements, houses, commercial buildings, and other structures.
283 1.35 Consumer Price Index (CPI-U). The index sets published by the Unites States Department
284 of Labor, Bureau of Labor Statistics. Consumer Price Index series CUURS49ASA0 All Urban Consumers
285 (CPI-U), Los Angeles-Long Beach-Anaheim, not seasonally adjusted.
286 1.36 Contaminant. Any material or substance placed into or found in a Collection Container
287 other than the type of Source Separated material for which that Collection Container is intended or reserved.
288 For example, anything that is not Recyclable Materials is a Contaminant if placed into or found in a
289 Recyclable Materials Collection Container. Similarly, anything that is not Organic Waste is a Contaminant if
290 placed into or found in an Organic Waste Collection Container.
291 1.37 Contractor. Burrtec Waste Industries Inc, which has entered into this Agreement.
292 1.38 County. Los Angeles County, California.
293
294 a permitted Landfill or other permitted Solid Waste disposal facility, as defined in California Public Resources
295 Code 40192(b).
296 places listed in Exhibit 9 as
297 City-approved locations for the Disposal of Garbage or other materials as appropriate and acceptable.
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298 1.41 Diversion or Divert. The programs and activities that reduce or eliminate the Disposal of
299 Solid Waste in landfills, which can include source reduction, reuse, salvage, Recycling, and Composting.
300 1.42 Dwelling Unit. A building or part of a building designed for residential use by a single
301 independent housekeeping unit and having separate exterior access, toilet, and facilities for cooking and
302 sleeping.
303 meaning as found in Section 15.44.010 of the
304 Municipal Code. Edible Food means food intended for human consumption. For purposes of this Agreement,
305 Edible Food is not Solid Waste if it is recovered and not discarded. Nothing in this Agreement requires or
306 authorizes the recovery of food that does not meet the food safety requirements of the California Retail Food
307 Code.
308
309 Edible Food and distributing it to local food recovery organizations from places where it would otherwise go
310 to waste such as, but not limited to, restaurants, grocery stores, produce markets, school cafeterias, or dining
311 facilities.
312
313 is signed and delivered by the last of the parties to sign and deliver.
314 1.46 Exempt Waste. Biohazardous or Biomedical Waste, Hazardous Waste, Sludge,
315 automobiles, automobile parts, boats, boat parts, boat trailers, internal combustion engines, lead-acid
316 batteries, dead animals, and those wastes under the control of the Nuclear Regulatory Commission.
317 eaning as set forth in Section 15.44.010 of the
318 cluding all edible or inedible food such as, but not
319 limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese,
320 coffee grounds, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are Source
321 Separated from other Food Scraps; and (2) food-soiled paper, which is compostable paper material that has
322 come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups,
323 napkins, and pizza boxes.
324 1.48 Franchised Diversion. Franchised Diversion means the rate of diversion that Contractor is
325 responsible to achieve as defined and calculated Section 8.01.3 of this Agreement.
326 1.49 Franchise Fee. The fee stated in Section 4.03.1 of this Agreement that Contractor has
327 voluntarily agreed to pay in consideration of the exclusive rights granted by the City under this Agreement.
328 as set forth in Section 15.44.010 of the
329 Municipal Code. All putrescible and non-putrescible solid, semi-solid and associated liquid waste generated
330 or accumulated through the normal activities of a premises. Garbage does not include Recyclable Materials,
331 Organic Waste, or Large Items, that is source-separated and set out for purposes of collection and recycling.
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332 meaning as set forth in Section 15.44.010 of
333 lippings, leaves, landscape and prunings waste, wood
334 materials from trees and shrubs, and other forms of organic materials generated from landscapes or
335 gardens.
336 1.52 Gross Revenue. All monetary amounts actually collected or received by Contractor for the
337 provision of Franchise Services pursuant to this Agreement, including but not necessarily limited to: all
338 receipts from Service Recipients, inclusive of late charges, contamination charges, Franchise Fees or any
339
340 revenues generated from the sale of Recyclable Material, Compost or energy, grants, cash awards, State of
341 California Department of Conservation payments, or rebates resulting from the performance of this
342 Agreement.
343 the same meaning as set forth in Section
344 15.44.010 of the Municipal Code. Hazardous Waste shall have the meaning set forth in California Code of
345 Regulations, Title 14 §17225.32 and Health and Safety Code §25117, or successor laws and regulations as
346 may be amended from time to time.
347 Memorial Day, Independence Day, Labor Day,
348 Thanksgiving Day, Christmas Day, and any other day recognized by resolution of the City Council or
349 designated by Contractor as a day on which waste Collection Service will not be provided until the following
350 day, excluding Sunday.
351 1.55 Home Compost Bin. A portable durable container purchased by the Contractor, and
352 distributed to SFD or MFD/MXD Service Recipients as requested, and stored and distributed by the
353 Contractor to SFD or MFD/MXD Service Recipients for use by those Service Recipients to compost Organic
354 Waste at their premises.
355
356 from products purchased by the general public for household use which, because of its quantity,
357 concentration or physical, chemical or infectious characteristics, may pose a substantial known or potential
358 hazard to human health or the environment when improperly treated, disposed or otherwise managed, or,
359 in combination with other Solid Waste, may be infectious, explosive, poisonous, caustic, toxic, or exhibit any
360 of the characteristics of ignitability, corrosivity, reactivity, or toxicity as per California Code of Regulations
361 Title 22, Division 4.5, Chapter 11, Section 66261.3.
362 1.57 Kitchen Food Waste Pail. A plastic receptacle with a rated capacity not exceeding two and
363 one-half (2.5) gallons, having a hinged lid, suitable for use in a SFD Service Unit for temporary storage of
364 SFD Organic Waste that is approved for such purpose by City.
365
366 agreement with the City which permits a contractor on a non-exclusive basis to provide for service to Collect
367 Solid Waste, Organic Waste, Construction and Demolition Debris, and/or Recyclable Materials on a
368 temporary basis.
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369 1.59 Manure. Stable bedding and other waste matter normally accumulated and associated with
370 stables or in livestock.
371 1.60 Manure Collection Services. The periodic Collection of Manure by Contractor from Service
372 Units in the Service Area, the delivery of the Manure to a properly permitted facility that accepts Manure, the
373 processing and marketing of Manure.
374 1.61 Materials Recovery Facility. Materials Recovery Facility (MRF) means a facility listed in
375 Exhibit 9 to which commingled Solid Waste, Organic Waste and Recyclable Materials are brought for
376 separation into marketable Recyclable Materials.
377 1.62 Maximum Service Rate. The maximum amount that Contractor may charge Service
378 Recipients for Collection Services, as listed in Exhibit 1, and as may be adjusted in accordance with the
379 provisions of this Agreement.
380 1.63 Mixed Waste Processing Facility. Means a State-permitted commercial Solid Waste facility
381 listed in Exhibit 9 which accepts and processes Unicycling for diversion from landfill disposal. The City
382 reserves its Flow Control Rights over the Mixed Waste Processing Facility.
383 1.64 Multi-Family Dwelling (MFD) Collection Service. MFD Solid Waste Collection Service
384 serves a Multi-Family Dwelling, and specifically includes the following, MFD Garbage Collection Service,
385 MFD Large Item Collection Service, MFD Organic Waste Collection Service, and MFD Recycling Service:
386 A. MFD Garbage Collection Service. The Collection of Garbage, by Contractor, from
387 MFD Service Units in the Service Area and the delivery of that Garbage to a Disposal Facility.
388 B. MFD Large Item Collection Service. The periodic on-call Collection of Large Items,
389 by Contractor, from MFD Service Units in the Service Area and the delivery of those Large Items to a
390 Disposal Facility, Materials Recovery Facility or such other facility as may be appropriate under the terms of
391 this Agreement. MFD Large Item Collection Service may include the Collection of Large Items using Roll-
392 Off Containers.
393 C. MFD Organic Waste Collection Service. The Collection of Organic Waste, by
394 Contractor, from MFD Service Units in the Service Area, the delivery of those Organic Waste materials to
395 an Organic Waste Processing Facility and the processing and marketing of those Organic Waste materials,
396 and the disposal of all MFD Organic Waste Processing Residue.
397 D. MFD Recycling Service. The Collection of Recyclables Materials by the Contractor
398 from MFD Service Units in the Service Area, the delivery of those Recyclable Materials to a Materials
399 Recovery Facility and the processing and marketing of those Recyclable Materials, and the disposal of all
400 MFD Recyclables Materials Processing Residue.
401 1.65 Municipal Code. Code means the City of Santa Clarita Municipal Code.
402 1.66 Non-Collection Notice. A written notice approved by the Agreement Administrator that
403 notifies a Service Recipient of the reason Contractor did not Collect Solid Waste set out for Collection.
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404 me meaning as set forth in Section 15.44.010
405 of the Municipal Code and means Food Waste, Green Waste, Wood Waste, and food-soiled paper waste
406 that is mixed in with Food Waste.
407 1.68 Organic Waste Collection Service. The Collection of Organic Waste from Service Units and
408 processing at an Organic Waste Processing Facility, and the disposal of all Organic Waste Processing
409 Residue.
410 1.69 Organic Waste Processing Facility.
411 designed, operated and legally permitted for the purpose of receiving and processing Food Waste, Green
412 Waste, and Organic Waste listed in Exhibit 9. The City shall designate the Organic Waste Processing Facility
413 for the Contractor to deliver Collected Organic Waste material under this Agreement.
414 1.70 Overage. Overage means Solid Waste set out for Collection either on top of or outside of
415 a Container or in any manner that prevents the Container lid from completely closing or potentially cause
416 Solid Waste to spill during Collecti
417 ilding in the City where waste is generated or
418 accumulated.
419 1.72 Prohibited Container Cont
420 the following but does not include Organic Waste specifically allowed for Collection in a Container that is
421 required to be transported to a high diversion organic waste processing facility if the waste is specifically
422 identified as acceptable for Collection in that Container in a manner that complies with the requirements of
423 14 CCR Section 18984.1, 18984.2, or 18984.3. (A) Non-Organic Waste placed in a Collection Container
424 designated for Organic Waste provided pursuant to 14 CCR Section 18984.1 or 18984.2; (B) Organic
425 Wastes that are, carpet, hazardous wood waste, or non-compostable paper placed in the Collection
426 Container that is part of an Organic Waste Collection Service provided pursuant to 14 CCR Section 18984.1
427 or 18984.2; (C) Organic Wastes, placed in a Collection Container designated for Garbage, that pursuant to
428 14 CCR Section 18984.1 or 18984.2 were intended to be Collected separately in a Collection Container
429 designated for Organic Waste or Recyclable Materials; (D) Organic Wastes placed in the Collection
430 Container designated for Recyclable Materials shall be considered Prohibited Container Contaminants
431 when those wastes were specifically identified in this Agreement, or through local ordinance for Collection
432 in the Container designated for Organic Waste, or mutually agreed to and promulgated by the City and
433 Contractor. Paper products, printing and writing paper, wood and dry lumber may be considered acceptable
434 and not considered Prohibited Container Contaminants if they are placed in Collection Container designated
435 for Recyclable Materials; and (E) Exempt Waste placed in any Collection Container.
436 1.73 Quarter. A three-month period during a calendar year. The first Quarter is January through
437 March. The second Quarter is April through June. The third Quarter is July through September. The fourth
438 Quarter is October through December.
stst
439 1.74 Rate Year. Rate Year means the period January 1 to December 31, for each year during
440 the Term of this Agreement.
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441 has the same meaning as set forth in Section
442 15.44.010 of the Municipal Code and means those materials that are separated from Solid Waste prior to
443 disposal to be recycled consistent with the requirements of the Act. Recyclable Materials that can be placed
444 in the Recycling Container include but are not limited to, glass and plastic bottles, aluminum, tin and steel
445 cans, metals, unsoiled paper products, printing and writing paper, and cardboard, and any other items as
446 determined by the Agreement Administrator.
447 collecting, sorting, cleansing, treating and/or
448 marketing Recyclable Materials that would otherwise become Garbage, and returning them to the economic
449 mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality
450 standards necessary to be used in the marketplace. The collection, transportation or disposal of Solid Waste
451 not intended for, or capable of, reuse is not Recycling.
452 in Public Resource Code Section 40201.
453
454 scheduled collection of Solid Waste by an Exclusive Franchise from Residential Service Units and MFD
455 Service Units and the delivery of that Solid Waste to a Disposal Facility, Recycling Facility, and/or Organics
456 Processing Facility.
457
458 portion thereof, that is used for residential housing purposes and has four (4) or fewer distinct living units;
459 and (ii) any multiple unit residential complex which, with the prior written approval of the City Manager,
460 receives Solid Waste Collection services using standard residential Containers.
461
462 from landfill Disposal after it has been delivered to an Organic Waste Processing Facility or a Recyclables
463 Processing Facility for processing for Diversion from landfill Disposal. Residual does not include Recyclable
464 Materials or Organic Material that is processed for Diversion but lacks an available market.
465 1.80 Roll-Off Container. A metal container with a capacity of ten (10) or more cubic yards that
466 is normally loaded onto a specialized Collection vehicle and transported to an appropriate facility.
467 he unincorporated areas of North
468 Los Angeles County.
469 ornia Senate Bill 1383 Short-lived Climate
470 Pollutants: Organic Waste Reductions, approved September 19, 2016.
471 1.83 Self-Haul. Collection of Solid Waste by the resident, owner, or occupant of the Premises
472 on which the Solid Waste was generated pursuant to a City-issued permit and in accordance with the
473 requirements of the Municipal Code.
474 1.84 Service Area. That area within the city limits of the City of Santa Clarita designated by City
475 as the Service Area.
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476 1.85 Service Recipient. An individual or entity receiving Collection Service.
477 subscriber to Contractor
478 SFD Service Units, MFD Service Units, MXD Service Units, City Service Units or Commercial Service Units.
479 Service Unit specifically includes the following:
480 A. City Service Unit. City Facility(ies) that utilize a Bin, Cart, or Roll-Off Container(s)
481 for the accumulation and set-out of Solid Waste. City Service Units are the properties set forth in Exhibit 3
482 and may be modified by written notice to Contractor by the City.
483 B. Commercial Service Unit. All retail, professional, wholesale and industrial facilities,
484 and other commercial enterprises offering goods or services to the public that utilize a Garbage Bin,
485 Cart, Compactor, Roll-Off Container for the accumulation and set-out of Commercial Solid Waste.
486 C. Multi-Family Dwelling and MFD Servic
487 shall mean any building or structure, including but not limited to Mobile Home Parks, or portion thereof,
488 used for residential purposes having five or greater distinct living units.
489 D. MXD (Mixed-use Development) Service Unit. A mix of Commercial Service Units
490 and five (5) or greater Dwelling Units in the Service Area utilizing any combination of Collection
491 Containers for the accumulation of and set out of Solid Waste.
492 E. SFD Service Unit. Any Single-Family Dwelling Unit in the Service Area utilizing a
493 Cart for the accumulation and set out of Solid Waste originating from SFD Residential Premises.
494 1.87 SFD Collection Service. SFD Garbage Collection Service, SFD Recycling Service, SFD
495 Organic Waste Collection Service, and SFD Large Item Collection Service.
496 A. SFD Garbage Collection Service. The Collection of Garbage, by Contractor, from
497 SFD Service Units in the Service Area and the delivery of that Garbage to a Disposal Facility.
498 B. SFD Large Item Collection Service. The periodic on-call Collection of Large Items,
499 by Contractor, from SFD Service Units in the Service Area and the delivery of those Large Items to a
500 Disposal Facility, Materials Recovery Facility or other such facility as may be appropriate under the terms
501 of this Agreement. SFD Large Item Collection Service does not include the Collection of Large Items using
502 Roll-Off Containers.
503 C. SFD Organic Waste Collection Service. The Collection of Organic Waste, by
504 Contractor, for SFD Service Units in the Service Area, the delivery of those Organic Waste Materials to an
505 Organic Waste Processing Facility and the processing and marketing of those Organic Waste materials,
506 and the disposal of all SFD Organic Waste Processing Residual.
507 D. SFD Recycling Service. The Collection of Recyclable Materials by the Contractor
508 from SFD Service Units in the Service Area, the delivery of those Recyclable Materials to a Materials
509 Recovery Facility and the processing and marketing of those Recyclable Materials.
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510
511 residential premises with fewer than five (5) units single attached dwelling units, each designed for use by
512 one bona fide housekeeping group.
513 1.89 Sludge. The accumulated solids, residues, and precipitates generated as a result of waste
514 treatment or processing, including wastewater treatment, water supply treatment, or operation of an air
515 pollution control facility, and mixed liquids and solids pumped from septic tanks, grease traps, privies, or
516 similar disposal appurtenances or any other such waste having similar characteristics or effects.
517 trescible and non-putrescible solid, semisolid, and
518 liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and
519 construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances,
520 dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, Manure, vegetable or
521 animal solid and semisolid wastes, and other discarded solid and semisolid wastes, as set forth in California
522 Public Resources Code Section 40191(a)(b), as amended from time to time. Solid Waste includes
523 Recyclable Materials but does not include (1) Hazardous Waste; (2) radioactive waste regulated pursuant
524 to the Health and Safety Code Section 114960 et seq.; and (3) medical waste regulated pursuant to the
525 Health and Safety Code Section 117600 et seq.
526 that have been kept separate in
527 the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing in order
528 to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted
529 products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined
530 in 14 CCR Section 17402.5(b)(4).
531 1.92 SRRE (Source Reduction and Recycling Element). A formal planning document that
532
533 duration which the Agreement is in effect.
534 the place or places listed in Exhibit 9 as City-
535 approved locations conveyance of Solid Waste Collected by Contractor into larger vehicles prior to
536 transportation of the Solid Waste to a Disposal Facility or Processing Facility.
537 1.95 Unicycling. A method of separating trash and recyclable materials in a single Collection
538 Container. Trash materials are collected in bags and deposited into the Collection Container and recyclable
539 materials are deposited into the Collection Container loose and unbagged.
540 1.96 Universal Waste or U-Waste. Electronic devices, dry-cell batteries, non-empty aerosol
541 cans, fluorescent lamps, and fluorescent bulbs, mercury thermostats, and other mercury containing
542 equipment.
543 unwanted or discarded material and debris
544 resulting from normal residential and commercial activity or materials which, by their presence, may
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545 injuriously affect the health, safety, and comfort of persons or depreciate property values in the vicinity
546 thereof.
547 s any person, as defined by the most current
548 version of the Public Resources Code, whose act or process produces solid waste as defined in that same
549 code, or whose act first causes solid waste to become subject to regulation.
550 1.99 Waste Reporting System (WRS). The electronic data recording and reporting system that
551 Contractor uses to provide data and reports that this Agreement requires Contractor to give to the City.
552 l-coated major appliances, such as washing
553 machines, clothes dryers, hot water heaters, stoves, and refrigerators.
554 1.101 Work Day. Any day, Monday through Saturday, that is not a Holiday as set forth in Section
555 5.03 of this Agreement.
556 e consisting of stumps, large branches, tree
557 trunks, and wood pieces or particles that are generated from the manufacturing or production of wood
558 products, harvesting, processing or storage of raw wood materials, or construction and demolition activities.
559 Article 2. Term of Agreement
560 2.01 Initial Term. The initial term of this Agreement will be for ten (10) year period beginning
561 July 1, 2023 and terminating on June 30, 2033. Contractor shall commence performance of its Collection
562 Service obligations under this Agreemen
563 2.02 Extension of Term. Contractor may request up to two, five (5) year term extension to the
564
565 circumstances will City be obligated to extend the term. Contractor must request the first five (5) year
566 extension by June 30, 2031 in order to be eligible for the term extension, and June 30, 2036 in order to be
567 eligible for the second term extension.
568 2.03 Performance Review Prior to Five (5) Year Extension. A billing audit and performance
569 review shall be conducted two years prior to the end of the Initial Term (i.e., during 2031, and to be completed
570 by December 31, 2031) as described in Section 17.02. The cost of the review shall be paid as specified in
571 that Section. In order to be eligible for an Extension of the Term of the Agreement under Section 2.02,
572 Contractor must meet billing and performance standards to the satisfaction of the City. In the event
573 Contractor fails to meet the minimum service and diversion requirements set forth in Section 8.01.1, this
574 Agreement will terminate on June 30, 2033 as set forth in Section 2.01 of this Agreement.
575 Article 3. Conditions Governing Services Provided by Contractor
576 3.01 Grant of Exclusive Agreement. City hereby grants to Contractor, on the terms and
577 conditions set forth herein, the Exclusive Franchise, right and privilege to collect, remove and dispose of, in
578 a lawful manner, Solid Waste, Recyclable Materials,
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579 Service Area that are required to be accumulated and offered for collection to the Contractor in accordance
580 and within the scope set forth in this Agreement.
581 3.02 Recyclable Materials Organic Waste, and Bulky Waste Discarded by Service Recipients.
582 This Agreement shall not prohibit any person from selling Recyclable Materials or Organic Waste or giving
583 Recyclable Materials or Organic Waste away to persons or entities other than Contractor. However, in either
584 instance: (1) the Recyclable Materials or Organic Waste must be source separated from and not mixed with
585 other Solid Waste; and (2) the seller/donor may not pay the buyer/donor any consideration for collecting,
586 processing or transporting such Recyclable Materials or Organic Waste. A discount or reduction in the price
587 for collection, disposal and/or recycling services for any form of un-segregated or segregated Solid Waste
588 is not a sale or donation of Recyclable Materials or Organic Waste and such Solid Waste does not qualify
589 for this exception. However, once the Recyclable Materials or Organic Waste have been placed in the
590 Collection Container and the Container set out for Collection, the Recyclable Materials or Organic waste
591 become the property of Contractor.
592 3.03 Exclusions to Exclusivity.
593 3.03.1 Specialized Recyclable Materials. If Contractor is unable or unwilling to Collect and
594 process for diversion specialized materials, including, but not limited to, Organic Waste, metals,
595 Construction and Demolition Debris, laboratory waste, pallets and others, and which a third party is able to
596 re-use or Recycle, Service Recipients shall have the right to engage the third-party recycler to collect and
597 Recycle those Source-Separated Recyclable Materials provided that the diversion is verified by the City
598 and the third party obtains a City recycling permit.
599 3.03.2 Recyclable Materials Sold By Commercial Generator. If the Waste Generator at a
600 Commercial Service Unit has source separated Recyclable Material, the Waste Generator is entitled to sell
601 that Recyclable Material or be otherwise compensated in a manner resulting in a net positive payment to
602 the Waste Generator, when such collector is permitted as appropriate under the City Municipal Code.
603 3.03.3 Byproducts of Food and Beverage Processing. Under AB 3036 (2018), certain
604 byproducts from the processing of food or beverages from agricultural or industrial sources, provided they
605 do not include animal, including fish, processing byproducts, they are Source-Separated, they are not
606 discarded (meaning the generator may not pay the recipient any consideration, or accept a discount or
607 reduction in price for collecting, processing, or transporting such material), and they are used as animal
608 feed, are exempted from this Exclusive Franchise Agreement. Entities requesting exemption must apply to
609 the City and be any of the following: registered pursuant to Section 110460 of the Health and Safety Code,
610 or be exempted from registration pursuant to Section 110480 of the Health and Safety Code, or be a beer
611 manufacturer as defined in Section 23012 of the Business and Professions Code, or a distilled spirits
612 manufacturer, as defined in Section 23015 of the Business and Professions Code.
613 3.03.4 Donated Solid Waste. Recyclable Materials, Organic Waste, or Large Items which
614 is Source Separated at any premises by the waste generator and donated to youth, civic or charitable
615 organizations qualified as such pursuant to Federal law.
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616 3.03.5 Gardening or Landscape Services. Green Waste removed from a premises by a
617 gardening, landscaping, or tree trimming company as an incidental part of a total service offered by that
618 company rather than as a hauling service;
619 3.03.6 Temporary Services. Temporary Collection services for Solid Waste and
620
621 Contractor must abide by terms of that agreement for Collection and processing and Diversion of
622 Construction and Demolition Debris.
623 3.03.7 Permanent Roll-offs. Permanent Roll-off Collection services for Solid Waste and
624
625 Agreement and Contractor must abide by terms of that agreement for Collection and processing and
626 Diversion of Construction and Demolition Debris.
627 3.04 Responsibility for Service Billing and Collection. Contractor is responsible for the billing
628 and collection of payments for Collection Services within the Service Area.
629 Article 4. Franchise Fees and Payments
630 s agree that all fees and any payments owed by
631 Contractor to City under this Agreement are the product of extensive negotiations and constitute valid
632 consideration for the rights and privileges granted to Contractor under this Agreement.
633 4.02 Reimbursement for the Cost of Procurement Process. Contractor shall reimburse the City
634 a one-time fee for the cost of the Franchise Agreement solicitation, evaluation and award process of Three
635 Hundred Thousand Dollars ($300,000). This fee shall be due and payable on the thirty (30) day after the
636 Effective Date of the Agreement.
637 4.03 Quarterly Fees and Payments. The following quarterly fees and payments shall be due and
th
638 payable on the twentieth (20) day of the month following the end of each Quarter for which the Collection
639 Services were provided; first such payment being due on October 20, 2023. The City Council may adjust the
640 Quarterly Fees by resolution, in which case Contractor shall be entitled to a rate adjustment as a City-
641 directed change in accordance with Section 30.01. The Quarterly Fees shall be accompanied at the time of
642 payment by a written report, in a format acceptable to the City, setting forth the calculations Contractor used
643 to determine the amount due and the basis for those calculations. Figures used in the report shall be taken
644 ctor shall retain all supporting documentation in
645 accordance with the records retention requirements in Section 22.01.
646 4.03.1 Franchise Fee. Contractor shall pay the City a quarterly Franchise Fee equal to
647 ten percent (10%) of the Gross Revenue received by the Contractor from Collection Services provided in
648 the City pursuant to this Agreement.
649 4.03.2 Marketing and Sales of Recyclable Materials. Contractor shall be responsible for
650 marketing and sale of all Recyclable Materials Collected pursuant to this Agreement. Contractor shall pay
651 City $5.50 per ton on Recyclable Materials revenue. This shared revenue, from all recovered Recyclable
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652 Material, except for organic waste or Diverted Bulky Items, shall be paid to the City on a quarterly basis,
653 within 20 days of the end of the Quarter. City may apply late penalties as specified in Exhibit 6.
654 Tonnage upon which the shared revenue is calculated shall be the tonnage after
655 processing and removing residual waste, if the Contract
656 tonnage figures. If such documentation is not available in a sufficient form, shared revenue shall be based
657 on the tonnage delivered for processing. Tonnage reports, broken down by month, shall accompany
658 quarterly payments.
659 4.04 Annual Fees and Payments. The following annual fees and payments shall be due and
660 payable on July 1 of each calendar year; the first such payments being due on May 1, 2023. The City Council
661 may adjust the Annual Fees by resolution, in which case Contractor shall be entitled to a rate adjustment as
662 a City-directed change in accordance with Section 30.01. On each anniversary of the Commencement Date,
663 each of the following annual fees and payments shall increase by the same percentage that the Maximum
664 Service Rate increases for that same Calendar Year.
665 4.04.1 Administrative Fee. In consideration of the administrative costs of managing the
666 ll pay City an annual Administrative Fee of Three Hundred
667 Thousand Dollars ($300,000).
668 4.04.2 SB 1383 Implementation Fee. In consideration of the implementation, reporting,
669 and enforcement costs of SB 1383, Contractor shall pay City an annual SB 1383 Implementation Fee of
670 One Hundred and Thirty Thousand Dollars ($130,000).
671 4.04.3 Advertising and Outreach Contribution. Contractor shall pay the City an annual
672 Advertising and Outreach Contribution in the amount of Twenty Thousand Dollars ($20,000).
673 4.05 Time and Method of Payment. Contractor shall pay all amounts owed under this Article
674 without prior notice or demand and without abatement, deduction, offset or credit in lawful money of the
675 United States, on or before the applicable due date, unless the due date lands on a weekend or Holiday, in
676 which case the due date shall be the next Business Day. If sent by U.S. mail, the remittance must be post-
677 marked on or before the due date. If hand-delivered, Contractor must request and receive a date-stamped
678 receipt from the City by 5:00 p.m. on the due date.
679 4.06 Late Payments. In the event Contractor fails to pay the City any amounts owed under this
680 Article on or before the applicable due date, then in addition to the amounts already owed, Contractor shall
681 pay a penalty as specified in Exhibit 6, except to the extent that such lateness is due to extenuating
682 circumstances. Contractor must submit any request for approval of a late payment in writing at least five (5)
683 Business Days prior to the date on which fees are due, and the request must be accompanied by a written
684 explanation of the extenuating circumstances and adequate supporting documentation. The City shall not
685 unreasonably withhold its approval, and shall notify Contractor within three (3) business days of receiving
686 the request whether and to what extent the request has been approved.
687 4.06.1 Taxes and Utility Charges. The Contractor shall pay all taxes lawfully levied or
688 assessed upon or in respect of the operating assets or the Collection Services, or upon any part thereof of
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689 upon any revenues necessary for the operation of the operating assets and the provision of the Collection
690 Services, when the same shall become due.
691 4.06.2 Franchise Fee Disputes. In the event of any disputes between the Contractor and
692 the City with respect to the fees described in this Article 4, the City shall provide the Contractor with written
693 objection within 180 days of the receipt of the written report described in Section 4.03, encompassing the
694 dispute amount. The City shall state its objections in writing with reference to the applicable portion(s) of
695 the report and its reasons then known for its dispute. The Parties agree to meet and confer regarding any
696 such dispute.
697 Article 5. General Requirements
698 5.01 Service Standards. Contractor must perform all Collection Services under this Agreement
699 in a thorough and professional manner as described in Article 25, while meeting the minimum performance
700 and diversion standards listed in Article 17 according to the Sustainability and Compliance Plan (Exhibit 10)
701 developed by the Contractor and approved by the City.
702 5.02 Labor and Equipment. Contractor must provide and maintain all labor, equipment, tools,
703 facilities, and personnel supervision required for the per
704 Agreement. Contractor must always have sufficient
705 obligations under this Agreement. No compensation for
706 labor, equipment, tools, facilities or supervision will be provided or paid to Contractor by City or by any
707 Service Recipient except as expressly provided by this Agreement.
708 5.03 Holiday Service. The City observes New
709 Labor Day, Thanksgiving Day, and Christmas Day as legal holidays. Contractor is not required to provide
710 Collection Services or maintain office hours on the designated holidays. In any week in which one of these
711 holidays falls on a Work Day, SFD Collection Services for the holiday and each Work Day thereafter will be
712 delayed one Work Day for the remainder of the week with normally scheduled Friday SFD Collection
713 Services being performed on Saturday. Commercial Collection Services will be adjusted as set forth in Article
714 12 but must meet the minimum frequency requirements of one (1) time per week. Collection Services will
715 not take place on Sundays, unless previously authorized by the Agreement Administrator.
716 5.04 Inspections. The City has tfacilities or Collection Vehicles
717 and their contents used to provide services pursuant to this Agreement at any reasonable time while
718 operating inside or outside the City.
719 5.05 Commingling of Materials.
720 5.05.1 SFD Materials Collected in Santa Clarita. Contractor may not at any time
721 commingle any SFD materials Collected pursuant to this Agreement with any other material Collected by
722 Contractor inside or outside the City of Santa Clarita without the express prior written authorization of the
723 Agreement Administrator.
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724 5.05.2 Commercial Materials Collected in Santa Clarita. Contractor may commingle
725 Commercial materials collected pursuant to this Agreement with other materials collected outside the City
726 of Santa Clarita, provided that Contractor tracks the tonnage of Commercial material collected inside the
727 City of Santa Clarita separately using a City-approved allocation methodology. Changes to the allocation
728 methodology may only be made with the express prior written authorization of the Agreement Administrator.
729 5.05.3 Recyclable Materials. Subject to Sections 10.08.2 and 12.04.4, Contractor may not
730 at any time commingle SFD or Commercial Recyclable Materials Collected pursuant to this Agreement with
731 any other material type Collected by Contractor without the express prior written authorization of the
732 Agreement Administrator.
733 5.05.4 Organic Waste. Subject to Sections 10.09.4 and 12.05.7, Contractor may not at
734 any time commingle SFD or Commercial Organic Waste Collected pursuant to this Agreement with any
735 other material type Collected by Contractor, without the express prior written authorization of the Agreement
736 Administrator.
737 5.05.5 Commingled Garbage and Recyclables. Only in special circumstances in which
738 separate Collection Containers pose a challenge due to space or logistical constraints, and with prior written
739 authorization of the Agreement Administrator, Contractor will Collect Commercial Garbage and Recyclable
740 Materials in the same Collection Container, using a Split-bin or Unicycling, for the purposes of processing
741 Recyclable Materials for diversion.
742 5.06 Recyclable Materials and Organic Waste Contamination. Contractor must offer the Service
743 Recipients the correct combination of Cart and Bin sizes and collection frequency beyond the minimum
744 bundled service requirements as necessary, that matches their unique service needs to reduce
745 contamination of Recyclable Materials and Organic Waste, and provide service at least cost to Service
746
747 8.01.1, Contractor is only required to collect and process Recyclable Materials if they have been separated
748 by the Service Recipient from Garbage and Organic Waste and will only be required to collect Organic Waste
749 if it has been Source Separated by the Service Recipient from Garbage and Recyclable Materials.
750 under Section 20.02, Contractor has agreed to provide
751
752 Plan provided as Exhibit 10 and Outreach and Education Plan provided as Exhibit 11. Additionally,
753
754 contamination problems, and/or insufficient collection capacity. For purposes of determining if Recyclable
755 Materials or Organic Waste are deemed to be contaminated, if, by visual or digital inspection, Recyclable
756 Materials are commingled with ten percent (10%) by weight or volume of Garbage or Organic Waste, or if,
757 by visual inspection, Organic Waste is commingled with three percent (3%) by volume of Garbage or
758 Recyclable Materials, then Recyclable Materials and/or Organic Waste will be deemed to be contaminated
759 and Contractor may take the following steps:
760 5.07 Violations by Service Recipients. The following provisions will apply to all Commercial,
761 MFD, MXD, and SFD Service Recipients.
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762 5.07.1 First and Second Occurrence. For the first and second occurrence within any one
763 Calendar Year of contamination for a particular container (i.e., Recyclable Materials or Organic Waste),
764 Contractor must collect the contaminated container (as Solid Waste) and must affix a Contamination
765 Violation Notice to the contaminated container which contains instructions on the proper procedures for
766 sorting Recyclable Materials or Organic Waste, and must notify the Service Recipient by phone, U.S. mail,
767 e-mail, or in person (which may be a container tag), that for the third and subsequent incidents of excess
768 contamination, the Service Recipient may be charged a contamination fee for the contaminated container,
769 and Contractor may increase the Collection Container size, or require an additional Collection Container.
770 rvice Recipient by phone, U.S. mail, e-mail, or in
771 person (which may be a container tag) to ensure that they have the appropriate level of service for proper
772 collection of Recyclable Materials and/or Organic Waste. Contractor must also document the contamination
773 issue in the Waste Reporting System provide digital/visual documentation to the Service Recipient that
774 clearly documents the Service Recipien
775 5.07.2 Third Occurrence. For the third or subsequent occurrence within any one Calendar
776 Year of contamination for a particular container (i.e., Recyclable Materials or Organic Waste), Contractor
777 must collect the contaminated Container (as Solid Waste) and must charge the Service Recipient a
778 contamination fee as set forth in Exhibit 1. Contractor must continue providing the Recyclable Materials or
779 Organic Waste Collection Services. Contractor must provide (or have provided) digital/photographic
780 documentation to the Service Recipient that clear
781 contamination problems and written Notices of contamination as described above. Contractor may increase
782 the Container size or collection frequency and impose a contamination surcharge on the account for a
783 period of six months or until the Service Recipient has demonstrated no contamination for a period of three
784 consecutive months. Contractor must document contamination issue and surcharge in Waste Reporting
785 System and notify City within five (5) Business Days if Contractor increases the Container size or collection
786 frequency for excessive contamination or imposes the contamination surcharge to the account. City will
787 consult with Contractor and consider, and pursue as applicable, appropriate legal remedies against
788 offending Service Recipients in order to secure discontinuance of the contamination.
789 5.08 Tracking Occurrences of Contamination. Regarding Section 5.07, each Contamination
790 occurrence is tracked annually per Calendar Year, and resets at the start of each Calendar Year if
791 contamination occurrences are not active and consecutive. Where contamination is occurring, and
792 occurrences are consecutive and unremedied their count shall continue across Calendar Years until remedy
793 occurs. In this case, once the Service Recipient has demonstrated no contamination for a period of three
794 consecutive months the tracking calendar will reset.
795 5.09 Disputes Over Excess Contamination Charges. If Service Recipient disputes a
796 contamination charge (which must be within 30 days of them being assessed), Contractor will temporarily
797 halt any contamination charge and/or increased Maximum Service Rate resulting from increasing the
798 Collection Container size, or collection frequency, and Contractor may request a ruling by the City Manager
799 to resolve the dispute. During the pendency of any request, Contractor may restore Container size or
800 number, or collection frequency to the prior levels. A request by Contractor to the City Manager to rule on
801 any such dispute must be filed within ten (10) Business
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802 or increased Maximum Rate, and must include written documentation and digital/visual evidence of ongoing
803 overall problems. The City Manager may request a meeting (in person or phone) with both the Service
804 Recipient and Contactor to resolve the dispute. Following such a meeting, the City Manager will rule on the
805 dispute within ten (10) Business Days, and the City
806 and Service Recipient will be final. If the City Manager rules in favor of the Service Recipient, Contractor will
807 credit the disputed contamination charges or increased Maximum Service Rate. If the City Manager rules in
808 favor of Contractor, Contractor may charge Service Recipient the prior halted contamination charge and/or
809 increased Maximum Service Rate resulting from increasing the Collection Container size or collection
810 frequency and may follow the steps in Section 7.07 for collection of delinquent accounts.
811 5.10 Container Overage and Correction Procedures. If a Customer is found to habitually
812 overflow their Collection Container(s), i.e., lid will not close, and/or material not contained within Container
813 Contractor may take the steps as listed below to co
814 customers will be notified of Collection Overages. Contractor shall notify the City regarding Commercial,
815 MFD, and MXD customers that habitually overflow their Containers so that the City can take appropriate
816 action with such customers in order to secure discontinuance of the overages.
817 5.11 Overage and Correction Procedures. Contractor shall provide the Service Recipients the
818 correct combination of Collection Containers and collect
819 unique service needs to enable clean, efficient, and cost-effective collection of Solid Waste, Recyclable
820 Materials, and Organic Waste. City and Contractor agree that overflow of Solid Waste that is not properly in
821 ntainers negatively impacts public health and safety.
822 Contractor has also agreed to conduct recycling audits and provide outreach and support to Service
823 Recipient accounts receiving the correct service level. However, if Service Recipients are found to habitually
824 overflow their Solid Waste Collection Containers, Contractor may take the steps as listed below to correct
825
826 5.12 Prior Arrangements For Collection. If the Service Recipient has made prior arrangements
827 with Contractor for Collection of Solid Waste Overages, Contractor must collect such Overages as arranged,
828 and may charge the Service Recipient the Solid Waste Overage fee (prior arrangement) rate set forth in
829 Exhibit 1.
830 5.13 No Prior Arrangements. If the Service Recipient has not made prior arrangements with
831 Contractor for Collection of Solid Waste Overage, (i) Contractor may collect such Solid Waste Overage at
832 no additional charge as a courtesy, (ii) Contractor may not Collect the Solid Waste Overage and leave a
833 Non-Collection Notice explaining the reason for non-collection of the Solid Waste Overage, (iii) Contractor
834 may Collect the Solid Waste Overage (up to two lifts) and charge the Service Recipient the Solid Waste
835 Overage fee (no prior arrangement) rate set forth in Exhibit 1 as provided below, or increase the capacity or
836 frequency of Collection of the existing Collection Container(s) to match documented service needs as
837 provided below. In managing Solid Waste Overages, the following apply:
838 ce. For each occurrence Contractor will
839 not collect the Solid Waste Overage if the Collection Container could not be serviced by normal operating
840 procedures or cause spillage upon servicing and Contractor must provide the following written notice via e-
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841 mail, U.S. mail, or in person (which may be by Non-Collection Notice) to the Service Recipient: (i) the date,
842 description and photograph of the Solid Waste Overage and document in the Waste Reporting System.
843 pients shall also contain instructions on (a) how to
844 schedule a Large Item Collection or (b) request an additional Collection Container to eliminate future
845 Overages.
846 5.13.2 Commercial and MFD/MX
847 must provide a written notice on the Container and may provide a copy of the notice via e-mail, U.S. mail,
848 or in person (which may be by Non-Collection Notice) to the Service Recipient with the date, description
849 and photograph of the Solid Waste Overage. Contractor may collect the Solid Waste Overage and may
850 charge the Service Recipient a Solid Waste Overage fee as set forth in Exhibit 1, and increase the capacity,
851 or collection frequency of the Collection Container to match documented service needs. At least ten (10)
852 Business Days prior to increasing the Collection Contai
853 representative must also contact the Service Recipient by phone, U.S. mail, e-mail or in person (which may
854 be by Non-Collection Notice) to ensure that Service Recipient has the appropriate level of service.
855 Contractor must document overage issue in the Waste Reporting System and notify City within ten (10)
856 Collection Container size or collection frequency. The
857 increased capacity or collection frequency will remain in effect until Contractor determines that it is no longer
858 needed to prevent overages, which may be longer than the one Calendar Year stated above. Such
859 nable discretion and will be subject to the dispute
860 resolution procedure set forth below. City will consider, and pursue as applicable, appropriate legal
861 remedies against offending Service Recipients in order to secure discontinuance of the overages.
862 5.14 Tracking Occurrences of Solid Waste Ov
863 twelve (12) months have passed from the last applicable Solid Waste Overage occurrence, the next Solid
864 Waste Overage occurrence will be deemed a first Solid Waste Overage occurrence.
865 5.15 Disputes Over Container Overflow Charges. If Service Recipient disputes a Solid Waste
866 Overage charge or container size or collection frequency change within 30 days of the disputed action,
867 Contractor must temporarily halt Solid Waste Overage charge and/or increased Maximum Service Rate
868 resulting from increasing the Collection Container size or collection frequency, and Contractor may request
869 a ruling by the City Manager to resolve the dispute. During the pendency of any request, Contractor may
870 restore Container size or number, or collection frequency, to the prior levels. A request by Contractor to the
871 City Manager to rule on any such dispute must be filed wi
872 of Solid Waste Overage charge, or increased Maximum Rate, and must include written documentation and
873 digital/visual evidence of ongoing overall problems. The City Manager may request a meeting (in person or
874 phone) with both the Service Recipient and Contractor to resolve the dispute. Following such a meeting, the
875 City Manager will rule on the dispute within ten (10)
876 resolving the dispute between and Service Recipient will be final. If the City Manager rules in favor of the
877 Service Recipient, Contractor must credit the disputed charge or increased Maximum Service Rate. If the
878 City Manager rules in favor of Contractor, Contractor may charge Service Recipient the prior halted Solid
879 Waste Overage charge and/or increased Maximum Service Rate resulting from increasing the Solid Waste
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880 Collection Container size or collection frequency and may follow the steps in Section 7.07 for collection of
881 delinquent accounts.
882 5.16 Ownership of Materials. Except as provided otherwise under Applicable Law, title to
883 Residential Waste, Commercial Solid Waste, Recyclable Materials, and Organic Waste will pass to
884 Contractor at such time as said materials are set out for Collection.
885 5.17 Spillage and Litter. Contractor may not litter premises in the process of providing Collection
886 Services or while its vehicles are on the road. Contractor must transport all materials Collected under the
887 terms of this Agreement in such a manner as to prevent the spilling or blowing of such materials from
888 Contractor's vehicles. Contractor must exercise all reasonable care and diligence in providing Collection
889 Services so as to prevent spilling or dropping of Residential Waste, Commercial Solid Waste, Recyclable
890 Materials, or Organic Materials and must immediately, at the time of occurrence, clean up such spilled or
891 dropped Residential Waste, Commercial Solid Waste, Recyclable Materials, or Organic Materials.
892 5.17.1 Except as provided in Section 12.03.3, Contractor is not responsible for cleaning
893 up sanitary conditions caused by the carelessness of the Service Recipient; however, Contractor must
894 clean up any material or residue that is spilled or scattered by Contractor or its employees.
895 5.17.2 Equipment oil, hydraulic fluids, spilled paint, or any other liquid or debris resulting
896 be covered immediately with an absorptive material
897 and removed from the street surface. Contractor must document spillage in the Waste Reporting System
898 in ninety (90) minutes of any spills resulting from
899 , Contractor must apply a suitable cleaning agent
900 and cleaning technique to the street surface to pr
901
902 5.17.3 The above paragraphs notwithstanding, Contractor must clean up any spillage or
903 litter caused by Contractor within ninety (90) minutes upon notice from the City. If City deems necessary,
904 Contractor must engage third-party environmental clean-up specialist to remove any equipment oil,
905 hydraulic fluids, or any other liquid or debris that remains on street afte
906 If clean-up is not conducted to satisfaction of City, City has right to engage environmental clean-up
907 specialist to perform additional clean-up work at the expense of Contractor.
908 5.17.4 In the event where damage to City streets is caused by a hydraulic fluid spill (i.e.,
909 any physical damage in excess of a simple cosmetic stain caused by the spill), Contractor shall be
910 responsible for all repairs to return the street to the same condition as that prior to the spill. Contractor shall
911 be responsible for all clean-up activities related to the spill. Repairs and clean-up shall be performed in a
912 manner satisfactory to the City and at no cost to the City.
913 5.17.5 To facilitate immediate cleanup, Contract
914 quantities of petroleum absorbent materials along with a broom and shovel.
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915 5.18 Green and Organic Waste Capacity. Contractor shall guarantee capacity for all City Green
916 and Organic Waste for the term of the Agreement using a facility listed in Exhibit 9.
917 5.19 Regulations and Record Keeping. Contractor must comply with emergency notification
918 procedures required by Applicable Laws and regulatory requirements. All records required by regulations
919 rds must include waste manifests, waste inventories,
920 waste characterization records, inspection records, incident reports, and training records.
921 Article 6. Collection Service Rates
922 6.01 Collection Service Rates. Contractor is solely responsible for determining the rates it will
923 charge for providing the Collection Services, provided that Contractor shall not charge any Service Recipient
924 an amount that exceeds the applicable Maximum Service Rate set forth in Exhibit 1, which may only be
925 adjusted as provided in this Agreement.
926 6.02 Senior / Low-Income Discount as Contra
927 the City and the general public, Contractor voluntarily agrees to discount the rate it charges for Collection
928
929 the Maximum Service Rates nor be otherwise paid for or subsidized by any other Service Recipients.
930 Contractor shall make the Discount available to any person who demonstrates through appropriate
931 documentation that they are: (i) 60 years of age or older; or (ii) a person of low, lower, or extremely low
932 income, and enrolled in a discounted utility program; and (iii) the service account holder; and (iv) the head
933 of household and occupant at the Service Unit address. Contractor shall provide the City and all persons in
934 scount rate program describing and explaining how to
935 qualify for and receive the Discount. Contractor shall thereafter advertise the availability of the on its website
936 throughout the Term of this Agreement and at least once per year by direct notice to all SFD Service
937 Recipients. Adjustments to Maximum Service Rates using CPI-U. Beginning on January 1, 2025, and
938 annually thereafter, Contractor shall, subject to compliance with all provisions of this Section, receive an
939 annual adjustment to the Maximum Service Rates as set forth in Exhibit 1 to this Agreement.
940 6.03 Pre-payment Discount. Contractor will provide a one-month discount to the total annual bill
941 for all SFD Service Recipients that pre-pay their bill on an annual basis. The annual pre-payment must occur
st
942 before July 1 to be effective in the following Agreement Year.
943 6.04 Maximum Service Rate Adjustment. The Maximum Service Rates in Exhibit 1 shall be
944 adjusted on January 1, 2025, and annually thereafter in accordance with this Section 6.04. No other
945 adjustments shall be made except as provided in Section 30.01.
946 6.04.1 CPI Adjustment Calculation. For Rate Year 2025, beginning on January 1, 2025,
947 and for subsequent years thereafter, the rates shall be adjusted based on one hundred percent (100%) of
948 the 12-month average change in the CPI-U for the 12-month period published immediately prior to the rate
949 application. Therefore, the first rate adjustment effective January 1, 2025 will be based on the percentage
950 change between the 12-month average of the CPI-U from August 1, 2022 through July 31, 2023, and the
951 12-month average of the CPI-U from August 1, 2023 through July 31, 2024. The index to be used shall be
FINAL AGREEMENT Page 28 of 183
952 the CUURS49ASA0 All Urban Consumers (CPI-U), Los Angeles-Long Beach-Anaheim, not seasonally
953 adjusted.
954 6.04.2 Annual Rate Cap on Maximum Service Rates. In any Calendar Year that the
955 calculation of the CPI-U exceeds four percent (4%), the total adjustment for that year will equal four percent
956 (4%) and the rollover amount will be added to the rate adjustment percentage in the following year, or any
957 subsequent year. If the CPI-U is negative (after accounting for any applicable rollover percentages from
958 prior years), there will be no CPI-U adjustment for that year. Notwithstanding any other provision of this
959 Agreement, all SFD Service Unit Maximum Service Rates shall remain below all jurisdictions, including
960 Incorporated Cities and Unincorporated County Areas, with Source Separated (Garbage, Recycling, and
961 Organic Waste) franchised collection services in the Santa Clarita Valley.
962 6.04.3 Rounding. Adjustments to the overall Service Rates shall be made only in units of
963 one cent ($0.01). Fractions of less than one cent ($0.01) shall not be considered in making adjustments.
964 All CPI indices shall be rounded at two (2) decimal places for the adjustment calculations.
965 6.04.4 Maximum Service Rate Adjustment Report. On or before September 15 of each
966 year of the Term, Contractor shall deliver to City a report on its proposed adjustment to the Maximum
967 Service Rates for the subsequent calendar year (the
968 in a format as may be mutually agreed on between the City and Contractor and must contain or be
969 for the specific services performed under this
970 Agreement during the preceding Agreement Year in Microsoft Excel or other electronic format acceptable
971 to the City. Contractor shall be solely responsible for the cost of preparing the Adjustment Report.
972 6.04.4.1 Corrections. In the event the City determines the Adjustment
973 Report contains substantial errors or omissions, Contractor shall, at its sole cost, provide a corrected report
974 to the City. A corrected report submitted after September 15 shall be treated as a late report.
975 6.04.4.2 Late Report. If Contractor fails to submit the Adjustment Report by
976 September 15, the City may: (1) accept and consider the late Adjustment Report if the City, in its sole and
977 reasonable discretion, deems there is sufficient time to review and approve the proposed adjustment in
978 time for it to be implemented on January 1; or (2) accept and consider the late Adjustment Report at its
979 earliest convenience, in which case any approved rate adjustment shall only go into effect prospectively
980 oval. In no event shall Contractor apply any rate adjustment retroactively.
981 6.04.4.3 No Report. If Contractor fails to provide any Adjustment Report,
982 the Maximum Service Rate shall remain unchanged for the next calendar year.
983 6.05 City Approval. If Contractor provides a timely Adjustment Report, the City Manager shall
984 notify Contractor on or before December 1 whether the City has approved the requested adjustments to the
985 Maximum Service Rates for the next Rate Year. Approval of the City Council shall be required for any
986 requested rate adjustment of more than four percent (4%) . The City Manager may approve all other requests
987 or refer them to the City Council at his or her discretion.
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988 6.06 Contractor payment for CPI-U review. Contractor shall be responsible for paying the cost
989 of reviewing or correcting the annual CPI-U adjustment if the City determines that Contractor has made
990 substantial errors and has not properly submitted or correctly calculated the CPI-U adjustment.
991 6.07 Extraordinary Adjustments. Contractor and City acknowledge that there may be infrequent
992 extraordinary events, including Change of Law, which, although they do not prevent either party from
993 performing, and thus do not implicate the force majeure provisions hereof, nevertheless increase the cost of
994 providing services above the Section 6.04 Maximum Service Rate Adjustment. The obligation of the parties
995 in such event is to act reasonably toward each other in arriving at an appropriate adjustment in rates.
996 Accordingly, at its option, Contractor may apply to the City not more frequently than once annually, for an
997 extraordinary rate adjustment should an event or circumstance arise which negatively impacts the economic
998 operation of Contractor and which is in excess of the rate adjustment resulting from the application of Section
999 6.04. An extraordinary adjustment in rates will be deemed justified if it is necessary for the Contractor to
1000 make a substantial change in its operations, or substantial capital expenditure or investment in order to
1001 perform its obligations under this Agreement due to the occurrence of an event or circumstance which is
1002 beyond the reasonable control of Contractor. Extraordinary rate adjustments shall only be effective after
1003 approval by the City Council.
1004 such an application for an extraordinary rate
1005 increase, it is understood that the Contractor shall have the burden of demonstrating to the reasonable
1006 satisfaction of the City the basis for the extraordinary increase cost. Contractor shall bear the burden of
1007 justifying its request and shall be solely responsible for the cost of preparing and submitting sufficient
1008 documentation in support of its request. City in its sole reasonable discretion may request Contractor to
1009 provide any additional information it deems necessary to fully evaluate the request, and Contractor shall be
1010 solely responsible for the cost to of providing such additional information. Contractor shall allow City to
1011 review a report of its annual revenues and expenses for the services provided in the City prepared by a
1012 Certified Public Accountant or a licensed public accountant, which shall have been prepared in compliance
1013 as established by the
1014 California Code of Regulations, Title 16, Chapter I
1015 Accountant or licensed public accountant shall be entirely independent of the Contractor and shall have no
1016 financial interest whatsoever in the business of the Contractor. City shall have the right to review this
1017
1018 respect to any Financial Statements or any other non-pu
1019 agrees that: (a) it will hold in confidence all Confidential Information; (b) it will restrict the disclosure of
1020 Confidential Information within its own organization and to its agents or representatives who need to know
1021 the Confidential Information for the purposes of the request; (c) it will not disclose Confidential Information
1022 to any third party, excepting those subject to subsection (b), without the prior written consent of the
1023 Disclosing Parties; (d) it will not copy and/or reproduce any Confidential Information without the prior written
1024 approval of the Contractor; and (e) it will not use Confidential Information except as required for
1025 consideration of the request. City may consider increa
1026 total cost of services when reviewing an extraordinary rate adjustment request. The City will inform the
1027 Contractor upon receiving a California Public Records Act request or a subpoena for the Confidential
1028 Information by written notice deliveredhe Contractor will have five (5) days
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1029 from the date of the Notice to inform the City in writing of its intent to assert its confidentiality rights under
1030 this Agreement. The Contractor will have fifteen (15) days from the date of the Notice to seek judicial
1031 assistance to prevent the disclosure of the Confidential Information. If the Contractor fails to act within the
1032 nine (9) or fifteen (15) day windows described above, the City may disclose the requested Confidential
1033 Information to the requestor or subpoenaing party. In the event Contractor seeks a court order to stay or
1034 enjoing the disclosure of the Records, Contractor agrees to indemnify and hold harmless the City, its
1035 Council, elected and appointed board or commission members, officers, employees, volunteers and agents
1036 (collectively, "Indemnitees") from and against any and all loss, liability, penalty, forfeiture, claim, demand,
1037 action, proceeding or suit in law or equity of any and every kind and description, whether judicial, quasi-
1038 judicial or administrative in nature, arising or resulting from or in any way connected with the subject CPRA
1039 or FOIA request for the Records. This Indemnity shall survive the expiration or termination of this
1040 Agreement.
1041 6.07.2 Review Costs. At the time of its request, Contractor shall also submit a payment
1042 to the City of Twenty-Five Thousand Dollars ($25,000)
1043 s exceed that amount, Contractor shall reimburse the City for any
1044 documented amount in excess.
1045 6.07.3 Meet and Confer. The City and Contractor agree to meet and confer regarding the
1046 request and to negotiate in good faith regarding the appropriateness of the requested adjustment.
1047 6.07.4 City Review; Approval. City shall review
1048 sole and reasonable judgment, make the final determination as to whether an adjustment to the Maximum
1049 Service Rates will be made, and, if an adjustment is permitted, the appropriate amount of the adjustment.
1050 Approval of the City Council shall be required for any Extraordinary Adjustments. The City shall notify
1051 Contractor of its decision within ninety (90) calendar da
1052 Except as provided herein, any such change approved by the City shall not be implemented until January
1053 1 of the next Rate Year unless a different time frame is approved by the City Council.
1054 6.07.5 No Retroactive Adjustments. Extraordinary Adjustments may not be applied
1055 retroactively without City Council approval. Notwithstanding the preceding sentence, in no event may an
1056 Extraordinary Adjustment be applied retroactively to a date prior to July 1, 2023. Contractor may not request
1057 an Extraordinary Adjustment to Initial Service Rates, nor may Contractor request an Extraordinary
1058 Adjustment prior to December 31, 2024.
1059 6.08 Five Year Meet and Confer. The City and Contractor agree to meet and confer on or about
1060 five (5) years from the Commencement Date regarding material changes in the cost of providing services
1061 that are substantially in excess of the rate adjustments resulting from the application of Sections 6.04 and
1062 6.07. If it is determined that there have been material changes in the cost of providing services, then the City
1063 and Contractor agree to negotiate in good faith regarding appropriate adjustments to the rate. The process
1064 for demonstrating material changes in the cost of providing services shall follow the same process as outlined
1065 in Section 6.07.1.
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1066 6.09 Procedures in Event of Invalidation of Rate Adjustment. In the event that City is unable by
1067 operation of Applicable Law to approve or implement a rate increase under this Article 6, or some or all of
1068 the Maximum Service Rates are disallowed by operation of Applicable Law, Contractor will have the right,
1069 within thirty (30) days after notice of any such inability to approve or invalidation of an approved rate increase,
1070 to request, in writing, that City negotiate in good faith regarding reductions in programs, services, or fees to
1071 compensate for any negative impact from the unapproved or invalidated rate increase. If City fails to
1072 commence negotiations in good faith or negotiations are not completed within forty-five (45) days following
1073 request, either party may terminate this Agreement no earlier than one
1074 hundred and eighty (180) days after written notice to the other.
1075 Article 7. Collection Service Billing
1076 7.01 Responsibility for Collection Service Billing and Collection. Contractor shall be solely
1077 responsible for the billing and collecting payments for the Collection Services it provides within the Service
1078 Area.
1079 7.02 Invoices. Contractor shall prepare and send out invoices, by either U.S. mail or electronic
1080 mail, to each Service Recipient in advance of all services provided by Contractor under this Agreement. If
1081 sent by mail, invoices for each billing period shall be placed in a separate envelope accompanied by a self-
1082 addressed return envelope. All invoices shall include
1083 payment by payment by check, credit card, or Automated Clearing House (ACH) debit, and shall include or
1084 be accompanied by a complete billing statement showing all charges and all services provided. City shall
1085 have the right to direct Contactor to revise the format of all invoices and billing statements upon reasonable
1086 notice to Contractor.
1087 7.03 Timing; Frequency. Contractor shall not initiate billing to any Service Unit sooner than the
1088 first day of the service period of Collections Services covered by the invoice. Contractor shall invoice Service
1089 Recipients once every month for Commercial Service Units, MFD Service Units and MXD Service Units and
1090 once every Quarter for SFD Service Units. No invoice shall be due and payable sooner than the last day of
1091 the respective month or Quarter for which Collection Services are provided.
1092 7.04 Partial Month Service. If, during a month, a Service Unit is added to or deleted from
1093 shall pro-rate billing to the Service Recipient on a weekly basis,
1094 meaning one-fourth of the applicable rate found in Exhibit 1 multiplied by the number of weeks of service
1095 provided by Contractor.
1096 7.05 Overpayments. Contractor shall refund or issue a service credit for overpayments by
1097 Service Recipients no later than 30 days after Contractor discovers or is notified of the overpayment.
1098 Contractor shall refund every overpayment that: (1) exceeds two hundred dollars ($200.00) or the amount
1099 ss; or (2) is due to the Service Recipient closing the
1100 account prior to the end of the billing period. Contractor may issue a service credit of no more than two (2)
1101 years against future invoices for all other overpayments.
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1102 7.06 Delinquent Service Accounts. Contractor shall report all Service Recipients whose
1103 accounts are delinquent by more than ninety (90 days) to the Agreement Administrator on a monthly basis.
1104 ghts and Remedies. Notwithstanding any other
1105 provision of this Article, Contractor reserves its right to, and may take such action as is legally available to
1106 Contractor, to collect or cause collection of past due invoice amounts; provided, however, that Contractor
1107 shall never discontinue Collection Services to any Service Unit except upon thirty (30) days prior written
1108 notice to both the Service Recipient and the Agreement Administrator. Contractor may send a written notice
1109 to Service Recipient regarding payments of Billings during the billed service period.
1110 Article 8. Diversion Requirements
1111 8.01 Warranties and Representations. Contractor warrants that it is aware of and familiar with
1112 City's waste stream, and that it has the ability, and shall use commercially reasonable efforts to provide and
1113 employ sufficient programs and services to ensure
1114 requirements (including, without limitation, amounts of Solid Waste to be Diverted, time frames for Diversion,
1115 and any other requirements) as set forth in this Article, Applicable Law, and CalRecycle Regulations, and
1116 that Contractor will do so without imposing any costs or fees other than those set forth in Exhibit 1, except
1117 as provided in Section 30.01.1.
1118 8.01.1 Minimum Diversion Requirements. Contractor shall meet the following minimum
1119 annual Franchised Diversion or CalRecycle Diversion Rates if Waiver is requested and received under
1120 Section 8.01.7:
Agreement Year Franchised Diversion Rate CalRecycle Diversion Rate
2023-2024 40% 55%
2024-2025 40% 55%
2025-2026 45% 60%
2026-2027 45% 60%
2027-2028 50% 65%
2028-2029 50% 65%
2029-2030 55% 70%
2030-2031 55% 70%
2031-2032 and After 60% 75%
1121 8.01.2 Annual Reporting. Contractor shall calculate the actual Franchised Diversion Rate
1122 and actual CalRecycle Diversion Rate on an annual basis and shall deliver a written report regarding the
FINAL AGREEMENT Page 33 of 183
1123 same to the City no later than February 14 of the year following the reporting period as set forth in Section
1124 22.04.
1125 8.01.3 Franchised Diversion Rate Calculation.
1126 Rate for any given Calendar Year shall be calculated by dividing (i) the total tonnage of Solid Waste
1127 Collected by Contractor in the City and either Disposed of at the City approved Recyclable Materials
1128 Processing Facility or Organic Waste Processing Facility, or otherwise handled in a manner that counts as
1129 Diversion under applicable CalRecycle regulations; by (ii) the total tonnage of Solid Waste Collected by
1130 Contractor in the City.
1131 8.01.4 Failure to Meet Franchised Diversion Rate. If Contractor fails to meet the minimum
1132 annual Franchised Diversion Rate in a given year, it shall be subject to Administrative Charges as allowed
1133 under Article 25 and specified in Exhibit 6. Contractor must also submit a written corrective action plan to
1134 the City before March 15 of the year following the
1135 corrective action plan must specify all actions Contractor will take to ensure it will meet Franchised Diversion
1136 Rates in the future, and shall be subject to the review and approval by the Agreement Administrator.
1137 version Rate shall not constitute a default under this
1138 Agreement so long Contractor fully implements all elements of a City approved corrective action plan. If
1139 Contractor fails to submit an adequate corrective action plan or to fully implement a City-approved corrective
1140 action plan, it shall subject Contractor to Administrative Charges as allowed under Article 25 and specified
1141 in Exhibit 6 in addition to any other remedies available to the City.
1142 8.01.5 CalRecycle Diversion Rate Calculation. The actual CalRecycle Diversion Rate for
1143 any given calendar year shall be calculated consistent with CalRecycle and Public Resources Code Section
1144 41780.
1145 8.01.6 Failure to Meet CalRecycle Diversion Rate. If City fails to meet any CalRecycle
1146
1147 as required by this Agreement, Contractor shall be subject to Administrative Charges as allowed under
1148 Article 25 and specified in Exhibit 6. Contractor must also submit a written corrective action plan to the City
1149 before March 15 of the year following the missed mi
1150 corrective action plan must specify all actions Contractor will take to help the City to meeting all Diversion
1151 requirements under Applicable Law in the future, and shall be subject to the review and approval by the
1152 Agreement Administrator. If Contractor fails to submit an adequate corrective action plan or to fully
1153 implement a City-approved corrective action plan, it shall subject Contractor to Administrative Charges as
1154 allowed under Article 25 and specified in Exhibit 6 in addition to any other remedies available to the City.
1155 8.01.7 Waivers. On or about July 1, 2024, and not more often than once every two (2)
1156 years, Contractor may request to waive or revise the annual Franchised Diversion requirements. The
1157 parties agree to meet and confer, and negotiate in good faith regarding such requests, taking into account
1158 matters such as waste characterization data, trends in source reduction, the availability of permitted
1159 facilities capable of processing material to achieve the required Diversion levels, the availability of
1160 commercially viable markets for Recyclable Materials or Organic Waste, transportation constraints,
1161 embargoes, the impact of scavenging, increasing producer responsibility requirements, restrictions on
FINAL AGREEMENT Page 34 of 183
1162 single-use plastics, public safety impacts, and the passage of any other legislation that significantly impacts
1163 the waste stream mix. City, via the Agreement Administrator, may not unreasonably withhold approval of
1164 quest is accompanied by sufficient documentation and
1165 granting the request would not render the City non-compliant with any State Diversion mandates.
1166 8.02 Mutual Cooperation. City and Contractor shall each reasonably cooperate in good faith
1167 with all efforts of the other Party to meet City's Diversion requirements under Applicable Law and the
1168 ions in this regard shall include, without limitation,
1169 making such petitions and applications as may be reasonably requested by Contractor for time extensions
1170 in meeting Diversion goals, or other exceptions from the terms of Applicable Laws, and to agree to authorize
1171 ste, or Solid Waste programs as may be reasonably
1172 requested by Contractor in order to achieve the minimum requirements of this Article.
1173 ctor shall implement the Diversion programs
1174 required under this Agreement to ensure that City and Contractor comply with all Diversion requirements
1175 under Applicable and the City meets or exceeds all minimum Diversion requirements under Applicable Law.
1176 Contractor shall furthermore, at its sole cost and expense, (1) assist the City to respond to inquiries from, or
1177 prepare for and attend any hearing before, CalRecycle or any other regulator
1178 compliance with Applicable Law; prepare for and partici
1179 apply for any extension available under Applicable Law; develop and implement a public awareness and
1180 education program consistent with the City's SRRE and Household Hazardous Waste Element and any
1181 related requirements of Applicable Law; (2) Provide the City with Recycling, source reduction, and other
1182 technical assistance as may be needed to comply with Applicable Law; (3) advise the City of additional
1183 programs or measures Contractor can, if authorized by the City, implement to increase compliance with the
1184 Diversion requirements of Applicable Law; and (4) promptly pay any and all fees, penalties, or other costs
1185 imposed on the City by CalRecycle relating to its Diversion requirements, and indemnify and hold harmless
1186 the City from and against any fines, penalties, or other liabilities, levied against the City for violation of such
1187 Diversion requirements.
1188 8.04 New Diversion Programs. If Contractor fails to meet any Franchised Diversion requirement
1189 or the City fails to meet any CalRecycle Diversion re
1190 of all Diversion and public education programs as required by this Agreement, the City may direct Contractor
1191 to modify its Diversion and public education programs or implement new programs. Such modifications may
1192 constitute a City-Directed Change under Section 30.01. Contractor shall not implement new Diversion
1193
1194 8.05 Nothing contained herein shall prohibit Contractor from meeting its diversion requirements
1195 by any alternative methods or procedures, provided it complies with AB 939, AB 341, AB 1826, AB 1594,
1196
1197 ability to meet its diversion requirements by alternative methods per this Section 8.05 is subject to Agreement
1198 Administrator review and approval.
FINAL AGREEMENT Page 35 of 183
1199 Article 9. Service Unit Types
1200 9.01 Service Units. Service Units include all the following categories of premises which are in
1201 the Service Area as of July 1, 2023 and all such premises which may be added to the Service Area by means
1202 of annexation, new construction, or as otherwise set forth in this Agreement during term of this Agreement:
1203 9.01.1 SFD Service Units. Services are specified in Article 10.
1204 9.01.2 MFD Service Units. Services are specified in Article 11.
1205 9.01.3 Mixed-use Development (MXD) Service Units. Services are specified in Article 13.
1206 9.01.4 Commercial Service Units. Services are specified in Article 12.
1207 9.01.5 City Service Units. Services are specified in Article 14.
1208 9.01.6 Any question as to whether a premise falls within one of these categories will be
1209 determined by the Agreement Administrator and the determination of the Agreement Administrator will be
1210 final.
1211 9.02 Service Unit Changes. City and Contractor acknowledge that during the term of this
1212 Agreement it may be necessary or desirable to add or delete Service Units for which Contractor will provide
1213 Service.
1214 9.02.1 Additions and Deletions. Contractor must provide services described in this
1215 Area within five (5) Work Days of receipt of notice
1216 from City or the new Service Unit to begin such Service.
1217 9.03 Annexation. If during term of the Agreement, additional territory within or adjacent to the
1218 ed by City through annexation, subject to the requirements of Public
1219 Resources Code section 49520, Contractor agrees to provide Collection Services in such annexed area in
1220 accordance with the provisions and Maximum Service Rates set forth in this Agreement after termination of
1221 ide service have been exhausted. Such Collection Services must begin
1222 within five (5) Work Days of receipt of written notice from City. Contractor may not begin Collection Service
1223 without written authorization from City.
1224 9.04 Route Map Update. Contractor must revise the Service Unit route maps to show the
1225 addition of Service Units added due to annexation and must provide such revised maps to the Agreement
1226 Administrator as requested.
1227 Article 10. Residential Service
1228 10.01 SFD Conditions of Service. Except as set forth below, Contractor must provide SFD
1229 Collection Services to all SFD Units in the Service Area, including all MFD Units subscribed to Cart or Bin
1230 Collection Service. The SFD Services are governed by the following terms and conditions:
FINAL AGREEMENT Page 36 of 183
1231 10.01.1 Curb Service. Except for those Service Recipients that choose to receive Bins for
1232 service, Contractor must provide SFD Collection Service to all SFD Service Units in the Service Area whose
1233 SFD Solid Waste is properly containerized in Garbage Carts, Recyclable Materials are properly
1234 containerized in Recycling Carts, except as set forth in Section 10.08.1; Organic Wastes are properly
1235 containerized in Organic Waste Carts, except as set forth in Section 10.09.3, where the Garbage,
1236 Recycling, and Organic Waste carts have been placed within three (3) feet of the curb, swale, paved surface
1237 of the public roadway, closest accessible roadway, or other such location agreed to by Contractor and
1238 Service Recipient, that will provide safe and efficient accessibility to Contractor's Collection crew and
1239 vehicle.
1240 10.01.2 Bundled SFD Cart Service. Except for those Service Recipients that City
1241 determines may receive In-Ground Service, and those Service Recipients that choose to receive Bins for
1242 service, Contractor will use a weekly Bundled SFD Solid Waste Collection Service system with one (1) 96-
1243 Gallon Garbage Cart, one (1) 96-Gallon Recycling Cart, and one (1) 96-Gallon Organic Waste Cart as part
1244 of the base SFD Solid Waste Collection Service. SFD Service Recipients shall receive additional Recycling
1245 Carts and additional Organic Waste Carts to be included at no additional cost, if requested. Garbage,
1246 Recycling, and/or Organic Waste Carts with a capacity of 32-Gallon or 64-Gallon may be requested by
1247 Customers that have space constraints. Pricing for downsizing Carts, or additional Carts, relative to the
1248 base Bundled Service are included in Exhibit 1.
1249 10.01.3 In-Ground Container Collection. Contractor shall continue to provide weekly Solid
1250 Waste Collection Service to SFD Service Recipients
1251 Contractor shall remove such Containers form their in-ground housing, bring them to the Collection Vehicle
1252 for dumping, and return them to the in-ground housing, covered. Contractor shall not be obligated to provide
1253 Service Recipients In-Ground Service with Organic Waste Collection as set forth in Section 10.09.
1254 Contractor is not obligated to restart In-Ground Service after Bundled SFD Cart Service is started. Maximum
1255 Service Rates for Service Recipients receiving Collection Service with in-ground Containers are set forth in
1256 Exhibit 1.
1257 10.01.4 On-Premises Service. Notwithstanding any term or definition set forth in this
1258 Agreement, Contractor must provide Collection of SFD Garbage, Recycling, and Organic Waste on the
1259 SFD Service Recipients premises to an SFD Service Unit as follows.
1260 10.01.4.1 At no additional cost to the SFD Service Unit. SFD Service Units
1261 where all adult Service Recipients residing therein have disabilities that prevent them from setting their
1262 Garbage, Recycling or Organic Waste Cart at the curb for Collection, and if a request for on-premises
1263 service has been made.
1264 10.01.4.2 At an additional cost to the SFD Service Unit.
1265 A. SFD Service Units where topography, steep driveways, below grade dwellings, or
1266 limited access to public streets that prevents the SFD Service Recipient from setting their Garbage,
1267 Recycling or Organic Waste Cart at the curb for Collection, as determined by the City and agreed by the
1268 Contractor, and if a request for on-premises service has been made.
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1269 B. SFD Service Units inaccessible by standard 3 or 4 axel Collection Vehicles as
1270 determined by the Contractor and agreed by the City. Stinger/scout truck services shall be provided for the
1271 retrieval of Collection Containers from locations with accessibility constraints that make Containers difficult
1272 or impossible to access using regular trash collection trucks.
1273 Recipients other than those
1274 listed above on a subscription basis upon request for the Service Rate set forth in Exhibit 1. Push services
1275 include, but are not limited to, dismounting from the Collection Vehicle, moving the Collection Containers
1276 from their storage location for Collection and returning the Collection Containers back to their storage
1277 location.
1278 10.01.4.3 Contractor must provide on-premises Collection Service on the
1279 same Work Day that curbside Collection would otherwise be provided to the SFD Service Unit.
1280 10.02 Frequency and Scheduling of Service. Except as set forth in Section 10.10, SFD Collection
1281 Service must be provided one (1) time per week on a scheduled route basis. SFD Collection Service must
1282 be scheduled so that all Service Units receive Garbage Collection Service, Recycling Collection Service,
1283 and Organic Waste Collection Service on the same Work Day. SFD Collection Service must be provided,
1284 commencing no earlier than 7:00 a.m. and terminating no later than 7:00 p.m., Monday through Friday,
1285 except for Holidays in accordance with Section 5.03. The hours, day, or both of Collection may be extended
1286 due to extraordinary circumstances or conditions with the prior verbal or written consent of the Agreement
1287 Administrator.
1288 10.03 Manner of Collection. The Contractor must provide Collection Service with as little
1289 disturbance as possible and must leave any Garbage, Recycling or Organic Waste Cart in an upright position
1290 at the same point it was Collected without obstructing alleys, roadways, driveways, sidewalks or mail boxes.
1291 st follow the regular walk for pedestrians while on
1292 private property and may not trespass nor cross property to the adjoining premises unless the occupant or
1293 owner of both properties has given permission. Care should be taken to prevent damage to property,
1294 including flowers, shrubs, and other plantings.
1295 10.04 New Carts and Kitchen Food Waste Pails. At the start of this Agreement, Contractor must
1296 supply new Carts and Kitchen Food Waste Pails that comply with Collection Container specifications in
1297 Exhibit 4. If any changes to these specifications are adopted after the Effective Date that results in Contractor
1298 being required to replace Collection Containers before they have been fully depreciated, Contactor will be
1299 eligible for additional compensation in accordance with Section Error! Reference source not found..
1300 10.05 Replacement of Carts. Contre to prevent damage to Carts
1301 by unnecessary rough treatment. However, any Cart damaged by the Contractor must be replaced by
1302 Contractor, at Contractor's expense, within five (5) Work Days at no cost or inconvenience to the Service
1303 Recipient.
1304 10.05.1 Upon notification to Contractor by City or a Service Recipient that the Service
1305 repair through no fault of Contractor, Contractor
1306 must deliver a replacement Cart(s) to such Service Recipient within five (5) Work Days. Contractor must
FINAL AGREEMENT Page 38 of 183
1307 maintain records documenting all Cart replacements occurring and report through the Waste Reporting
1308 System monthly.
1309 10.05.2 Each Service Recipient is entitled to the replacement of one (1) lost, destroyed, or
1310 stolen Cart every ten (10) years during the life of this Agreement at no cost to the Service Recipient. Except
1311 in the case of a Cart that must be replaced because of damage caused by Contractor or in the case where
1312 Contractor elects to replace a Cart rather than repair it on-site, Contractor will be compensated for the cost
1313 of those replacements in excess of one (1) per type of Cart per Service Recipient during the term of the
1314 rvice Rate set forth in Exhibit 1, or as may be
1315 adjusted by the City from time to time as provided under this Agreement.
1316 10.05.3 Contractor understands and agrees that this provision is intended to be applied on
1317 a per Cart type, individual Service Recipient basis and accordingly each Service Recipient could receive
1318 up to three (3) replacement Carts, one (1) of each type, every ten (10) years during the term of the contract.
1319 10.05.4 Repair of Garbage, Recycling and Organic Waste Carts. Contractor is responsible
1320 for the repair of Carts, including but not be limited to, hinged lids, wheels and axles. Within five (5) Work
1321 Days of notification by the City or a Service Recipient of the need for such repairs, Contractor must repair
1322 the Cart or if necessary, remove the Cart for repairs and deliver a replacement Cart to the Service Recipient.
1323 10.05.5 Cart Exchange. Upon notification to Contractor by City or a Service Recipient that
1324 a change in the size of a Cart is requested, Contractor must deliver such Cart to such Service Recipient
1325 within five (5) Work Days. Each SFD Service Unit is eligible to receive one (1) free Cart exchange per
1326 Calendar Year during the term of this Agreement for moving to a larger Cart size. Each SFD Service Unit
1327 is eligible to receive unlimited Cart exchanges per Calendar Year during the term of this Agreement for
1328 moving to a smaller Cart size. Accordingly, Contractor will be compensated only for the cost of those
1329 exchanges in excess of one (1) per Calendar Year for those Service Units receiving larger Cart sizes, in
1330 set forth in Exhibit 1 or as may be adjusted this
1331 Agreement.
1332 10.05.6 Additional Cart Request. Upon notification to the Contractor by City or a Service
1333 Recipient that additional Carts for Garbage, Recyclable Materials, or Organic Waste are requested,
1334 Contractor shall deliver such Carts to such Service Recipient within five (5) Work Days, at the rate set forth
1335 in Exhibit 1.
1336 10.05.7 Ownership of Carts. Ownership of Carts is vested in the Contractor.
1337 10.06 Cleaning of Collection Containers. Once each Calendar Year, if requested by the SFD
1338 Service Recipient, Contractor must clean all Collectiemises or must replace
1339 the dirty Collection Containers with clean Collection Containers. Any Collection Container cleanings must
1340 be done in such a manner that results in no water enter
1341 be provided at no charge to the Service Recipient, so long as the service is not requested more than once
1342 per Calendar Year. In addition, regardless of whether or not this cleaning is requested by the Service
1343 Recipient, Contractor will ensure that all Collection Containers are cleaned on an as-needed basis so as to
FINAL AGREEMENT Page 39 of 183
1344 maintain a clean appearance and proper function. Additional cleanings beyond once each Calendar Year
1345 will be subject to the Service Rate set forth in Exhibit 1.
1346 10.07 SFD Garbage Collection Service. This service is governed by the following terms and
1347 conditions:
1348 10.07.1 Non-Collection. Contractor is not required to Collect any Garbage that is not placed
1349 in a Garbage Cart. In the event of non-collection, Contractor will follow the steps set forth in Section 5.10.
1350 10.07.2 Disposal Facility. Except as set forth below, all Garbage Collected as a result of
1351 performing Collection Services must be transported to, and disposed of, at the Disposal Facilities listed in
1352 Exhibit 9. In the event the Disposal Facility is closed on a Work Day, Contractor must transport and dispose
1353 of the Garbage at another legally permitted Disposal Facility. Failure to comply with this provision will result
1354 in the levy of a penalty as specified in Exhibit 6 and may result in Contractor being in default under this
1355 Agreement.
1356 10.08 SFD Recycling Service. This service is governed by the following terms and conditions:
1357 10.08.1 Overages. Corrugated cardboard that will not fit inside the Recycling Cart may be
1358 placed beside the Recycling Cart if flattened.
1359 10.08.2 Recycling - Improper Procedure. The Contractor is not required to Collect
1360 Recyclable Materials if the Service Recipient does not segregate the Recyclable Materials from Solid Waste
1361 or Organic Waste. Furthermore, Contractor is not required to Collect Recyclable Materials that are
1362 contaminated through commingling with Solid Waste or Organic Waste. To address contamination,
1363 Contractor must follow the steps set forth in Section 5.07.
1364 10.08.3 Materials Recovery Facility. Except as provided in Section 5.07, all Recyclable
1365 Materials collected as a result of performing recycling services must be delivered to the Materials Recovery
1366 Facility listed in Exhibit 9. Failure to comply with this provision will result in the levy of a penalty as specified
1367 in Exhibit 6 and may result in Contractor being in default under this Agreement. All expenses related to
1368 materials processing and marketing will be the sole responsibility of Contractor. City has the right to
1369 designate Materials Recovery Facility.
1370 10.08.4 Move In/Out Collection Service. Within three (3) months of opening a new account,
1371 at no additional charge, each SFD customer may request that Contractor provide one on-call Move-In/Out
1372 Recyclable Material Collection Service for recyclable packaging materials such as flattened cardboard
1373 boxes, and bundled newspaper and packaging foam. This will be offered as a one-time service for each
1374 new account. This service shall only include Recyclable Materials, and in the event that the Service
1375 Recipient includes Garbage in the materials set out for Collection by Contractor, this service shall be
1376 al Large Item Collections as set forth in Section
1377 10.10.
1378 10.08.5 Recycling - Changes to Services. Should changes in Applicable Law arise that
1379 necessitate any additions or deletions to the services described in this Section 10.08, including the type of
FINAL AGREEMENT Page 40 of 183
1380 items included as Recyclable Materials, the parties will negotiate any necessary cost changes and will enter
1381 into an Agreement amendment covering such modifications to the services to be performed and the
1382 compensation to be paid in accordance with Section 30.01.1 before undertaking any changes or revisions
1383 to such services.
1384 10.09 SFD Organic Waste Collection Service. This service is governed by the following terms
1385 and conditions:
1386 10.09.1 Organic Waste Processing Services. Contractor must ensure that all Organic
1387 Waste Collected pursuant to this Agreement is diverted from the landfill in accordance with AB 939, AB
1388 1826, AB 1594, SB 1016 and SB 1383, and any subsequent or other Applicable Law. Contractor must
1389 ensure that the Organic Waste Collected pursuant to this Agreement is not disposed of in a landfill, except
1390 for residue resulting from processing. If the organics processing facility accepts bagged organic waste
1391 (where bags are biodegradable or otherwise), then Contractor is obligated to accept bagged Organic
1392 Waste.
1393 10.09.2 Organic Waste Processing Facility. Contractor must deliver all Collected Organic
1394 Waste to a fully permitted Organic Waste Processing Facility or a fully permitted Transfer Station, that has
1395 been listed in Exhibit 9 and agreed upon by the City. All expenses related to Organic Waste processing and
1396 marketing will be the sole responsibility of Contractor. Failure to comply with this provision will result in the
1397 levy of a penalty as specified in Exhibit 6 and may result in Contractor being in default under this Agreement.
1398 City has the right to designate Organic Waste Processing Facility.
1399 10.09.3 Holiday Tree Collection. Contractor must Collect Holiday Trees set out at the curb
th
1400 for Collection during the three-week period beginning December 26 each year during the term of this
1401 Agreement. Contractor must deliver the Collected Holiday Trees to an appropriate Organic Waste
1402 Processing Facility for Diversion through uses other than Alternative Daily Cover or Beneficial Use. This
1403 annual service will be provided at no additional charge to the Service Recipient. Contractor is not required
1404 to divert Holiday Trees with tinsel, flocking or ornaments.
1405 10.09.4 Non-Collection. Contractor is not required to Collect Organic Waste if the Service
1406 Recipient does not segregate the Organic Waste from Solid Waste or Recyclable Materials. Furthermore,
1407 Contractor is not required to Collect Organic Wastes that are contaminated through commingling with Solid
1408 Waste or Recyclable Materials. Contractor will address contamination in accordance with Section 5.07.
1409 10.09.5 Manure Collection Service. Contractor shall Collect all Manure placed in an
1410 Organic Waste Container at least once per week, or more often if arranged between Service Recipient and
1411 Contractor. Service Recipients may be instructed not to fill the Containers above a specified line or weight,
1412 so as not to damage the Containers or Collection Vehicle, and City shall resolve any disputes regarding the
1413 maximum weight that may be accommodated in such Containers. All Manure collected shall be diverted
1414 from landfilling through composting or other means and may not be collected or commingled with Garbage.
FINAL AGREEMENT Page 41 of 183
1415 10.09.5.1 Manure Cart Collection. Contractor shall provide Manure
1416 Collection Service to any SFD Service Recipients that require and request a Cart for Manure Collection
1417 Service at no additional charge to the Service Recipient.
1418 10.09.5.2 Manure Bin Collection. Contractor shall provide Manure Collection
1419 Service to any SFD Service Recipients that require and request a Bin for Manure Collection Service at no
1420 additional charge to the Service Recipient.
1421 10.09.6 Home Compost Bins. Contractor shall store, promote, and distribute a maximum
1422 of 500 Home Compost Bins per Calendar Year to be used by Service Recipients to compost Organic Waste.
1423 Contractor is responsible for purchase of Home Compos
1424 10.10 SFD Large Item Collection Service. This service is governed by the following terms and
1425 conditions:
1426 10.10.1 Conditions of Service. Contractor must provide Large Item Collection Service to all
1427 SFD Service Units in the Service Area whose Large Items have been placed within three (3) feet of the
1428 curb, swale, paved surface of the public roadway, closest accessible roadway, or other such location agreed
1429 to by Contractor and Service Recipient, that will provide safe and efficient accessibility to Contractor's
1430 Collection crew and vehicle. Up to four (4) times per Calendar Year each Service Recipient is entitled to
1431 receive large item disposal amounting to a combined annual maximum of the equivalent of (a) 1.5 cubic
1432 yards of uncontainerized Solid Waste, or (b) three (3) large items, or (c) ten (10) 32-gallon bags at no
1433 additional cost and expense. For subsequent collection in any Calendar Year, the Contractor shall receive
1434 compensation from the customer at the rate for such service as set in Exhibit 1.
1435 10.10.2 Frequency of Service. Large Item Collection Service will be provided on the next
1436 regular Collection day if the request is received at least two (2) Work Days in advance of the next regular
1437 Collection day. The Service Recipient may not intentionally commingle residential Large Items with other
1438 Residential Waste.
1439 10.10.3 Large Items Containing Freon. In the event Contractor Collects Large Items that
1440 contain Freon, Contractor must handle such Large Items in a manner such that the Large Items are not
1441 subject to regulation as hazardous waste under applicable State and Federal laws or regulations.
1442 10.10.4 Maximum Reuse and Recycling. Contractor must dispose of Large Items collected
1443 from Service Units pursuant to this Agreement in accordance with the following hierarchy:
1444 10.10.4.1 Reuse as is (where energy efficiency is not compromised)
1445 10.10.4.2 Disassemble for reuse or Recycling
1446 10.10.4.3 Recycle
1447 10.10.4.4 Disposal
FINAL AGREEMENT Page 42 of 183
1448 10.10.5 Disposal of Large Items. Contractor may not landfill such Large Items unless the
1449 Large Items cannot be reused or recycled.
1450 10.10.6 City Direction of Large Items. City reserves the right to direct Contractor to take
1451 specific types of Large Items Collected pursuant to this Section to designated sites not more than twenty
1452 (20) miles from any City boundary for the purpose of reuse or recycling at no cost. Contractor has no
1453 obligation to dispose of the Large Item residue remaining at the directed site or sites after scavengers and
1454 recyclers have removed reusable or recyclable Large Items.
1455 10.11 Sharps Collection Program. Home generated sharps, such as needles, syringes, and
1456 lancets shall be placed in a sharps container and removed from the regular waste stream to minimize
1457 exposure to Solid Waste workers and Recyclable Materials processors. To ensure sharps are handled in a
1458 appropriate manner, Contractor shall provide, upon request, each SFD Service Recipient with up to one
1459 postage-paid mail-back sharps container per year at no additional cost. Seniors shall be provided with up to
1460 two postage-paid mail-back sharps containers per year at no additional cost. In addition, Contractor shall
1461 promote this program in newsletters and in other forms of outreach as determined by City. Additionally,
1462 Contractor shall provide to the City on an annual basis not less than 200 postage-paid mail-back Sharps
1463 containers for City staff to distribute at special events.
1464 10.12 Extended Producer Responsibility Diversion Program. Contractor shall provide a minimum
1465 of two City-wide textile, carpet, and mattress collection drives on an annual basis. Contractor will schedule
1466 collection events with City approval and advertise the drop-off events not less than one week prior to the
1467 scheduled collection event, but no more than one month prior to the scheduled collection event. All textile,
1468 carpet and mattresses Collected through this program shall be diverted from the landfill either through
1469 donation to a local non-profit organization or through other means of Diversion.
1470 Article 11. MFD Service
1471 11.01 MFD Conditions of Service. Except as set forth below, Contractor must provide MFD
1472 Collection Services to all MFD Units in the Service Area. The MFD Services are governed by the following
1473 terms and conditions:
1474 11.01.1 Bundled MFD Cart Service. Except for those Service Recipients that choose to
1475 receive Bins for service, Contractor must provide MFD Collection Service to all MFD Service Units in the
1476 Service Area whose MFD Solid Waste is properly containerized in Garbage Carts, Recyclable Materials
1477 are properly containerized in Recycling Carts, except as set forth in Section 11.08.1; Organic Wastes are
1478 properly containerized in Organic Waste Carts, except as set forth in Section 11.09.3, where the Garbage,
1479 Recycling, and Organic Waste carts have been placed within three (3) feet of the curb, swale, paved surface
1480 of the public roadway, closest accessible roadway, or other such location agreed to by Contractor and
1481 Service Recipient, that will provide safe and efficient accessibility to Contractor's Collection crew and
1482 vehicle.
1483 11.01.2 Bundled MFD Bin Service. Contractor must provide MFD Solid Waste Collection
1484 Service to MFD Service Units in the Service Area that choose to receive Bins for service. MFD Collection
FINAL AGREEMENT Page 43 of 183
1485 Service shall be provided in Garbage Bins at the size and frequency as requested by the MFD Service
1486 Recipient, and including at no additional cost the equivalent volume of recycling, and one (1) 32-Gallon
1487 Organic Waste Cart per 2 cu yd of weekly Garbage service as part of the base bundled MFD Collection
1488 Service. MFD Service Recipients shall receive additional Recycling Carts and additional Green Waste Carts
1489 to be included at no additional cost, if requested. The actual configuration of Recycling and Organic Waste
1490 Cart and/or Bin sizes shall be based on the total equivalent volume and configured in a manner determined
1491 by the Service Recipient in consultation with the Contractor. Additional services may be requested by the
1492 MFD Service Recipient. To be exempted from MFD Recycling Service or MFD Organic Waste Collection
1493 Service, Service Recipient must apply for exemption to the Contractor. All such exemption applications
1494 must be reported in the Waste Reporting System and approved by the City. Pricing for downsizing Carts,
1495 or additional Carts, relative to the base Bundled Service are included in Exhibit 1.
1496 11.01.3 In-Ground Container Collection. Contractor shall continue to provide weekly Solid
1497 Waste Collection Service to MFD Service Recipients with in-ground Container
1498 Contractor shall remove such Containers form their in-ground housing, bring them to the Collection Vehicle
1499 for dumping, and return them to the in-ground housing, covered. Contractor shall not be obligated to provide
1500 Service Recipients In-Ground Service with Organic Waste Collection as set forth in Section 11.09.
1501 Contractor is not obligated to restart In-Ground Service after Bundled MFD Cart Service is started.
1502 Maximum Service Rates for Service Recipients receiving Collection Service with in-ground Containers are
1503 set forth in Exhibit 1.
1504 11.01.4 On-Premises Service. Notwithstanding any term or definition set forth in this
1505 Agreement, Contractor must provide Collection of MFD Garbage, Recycling, and Organic Waste on the
1506 MFD Service Recipients premises to an MFD Service Unit as follows.
1507 11.01.4.1 At no additional cost to the MFD Service Unit. MFD Service Units
1508 where all adult Service Recipients residing therein have disabilities that prevent them from setting their
1509 Garbage, Recycling or Organic Waste Cart at the curb for Collection, and if a request for on-premises
1510 service has been made.
1511 11.01.4.2 At an additional cost to the MFD Service Unit.
1512 A. MFD Service Units where topography, steep driveways, below grade dwellings, or
1513 limited access to public streets that prevents the MFD Service Recipient from setting their Garbage,
1514 Recycling or Organic Waste Cart at the curb for Collection, as determined by the City and agreed by the
1515 Contractor, and if a request for on-premises service has been made.
1516 B. MFD Service Units inaccessible by standard 3 or 4 axel Collection Vehicles as
1517 determined by the Contractor and agreed by the City. Stinger/scout truck services shall be provided for the
1518 retrieval of Collection Containers from locations with accessibility constraints that make Containers difficult
1519 or impossible to access using regular trash collection trucks.
1520 Recipients other than those
1521 listed above on a subscription basis upon request for the Service Rate set forth in Exhibit 1. Push services
1522 include, but are not limited to, dismounting from the Collection Vehicle, moving the Collection Containers
FINAL AGREEMENT Page 44 of 183
1523 from their storage location for Collection and returning the Collection Containers back to their storage
1524 location.
1525 11.01.4.3 Contractor must provide on-premises Collection Service on the
1526 same Work Day that curbside Collection would otherwise be provided to the MFD Service Unit.
1527 11.02 Frequency and Scheduling of Service. This service must be provided as deemed
1528 necessary and determined between Contractor and the MFD Service Unit, but such service must be received
1529 no less than one (1) time per week with no exception for holiday(s) as set forth herein, except that Collection
1530 service scheduled to fall on a holiday may be rescheduled as determined between the Service Unit and
1531 Contractor as long as the minimum frequency requirement is met. The size of the container and the
1532 frequency (above the minimum) of Collection will be determined between the MFD Service Unit and
1533 Contractor. However, size and frequency must be sufficient to provide that no Solid Waste need be placed
1534 outside the Collection Container. Contractor must provide containers as part of the Commercial Collection
1535 Maximum Service Rates set forth in Exhibit 1. Service Recipients may own and provide their own Compactor
1536 provided that the Service Recipient is completely responsible for its proper maintenance, and such
1537 Compactor is of a type that is compatible with Contractor's equipment. All other Collection Containers used
1538 by Service Recipients must be owned and supplied by Contractor.
1539 11.03 Manner of Collection. The Contractor must provide Collection Service with as little
1540 disturbance as possible and must leave any Garbage, Recycling or Organic Waste Cart in an upright position
1541 at the same point it was Collected without obstructing alleys, roadways, driveways, sidewalks or mail boxes.
1542 st follow the regular walk for pedestrians while on
1543 private property and may not trespass nor cross property to the adjoining premises unless the occupant or
1544 owner of both properties has given permission. Care should be taken to prevent damage to property,
1545 including flowers, shrubs, and other plantings.
1546 11.04 New Carts and Kitchen Food Waste Pails. At the start of this Agreement, Contractor must
1547 supply new Carts and Kitchen Food Waste Pails that comply with Collection Container specifications in
1548 Exhibit 4. If any changes to these specifications are adopted after the Effective Date that results in Contractor
1549 being required to replace Collection Containers before they have been fully depreciated, Contactor will be
1550 eligible for additional compensation in accordance with Section Error! Reference source not found..
1551 11.05 Replacement of Carts. Contre to prevent damage to Carts
1552 by unnecessary rough treatment. However, any Cart damaged by the Contractor must be replaced by
1553 Contractor, at Contractor's expense, within five (5) Work Days at no cost or inconvenience to the Service
1554 Recipient.
1555 11.05.1 Upon notification to Contractor by City or a Service Recipient that the Service
1556 repair through no fault of Contractor, Contractor
1557 must deliver a replacement Cart(s) to such Service Recipient within five (5) Work Days. Contractor must
1558 maintain records documenting all Cart replacements occurring and report through the Waste Reporting
1559 System monthly.
FINAL AGREEMENT Page 45 of 183
1560 11.05.2 Each Service Recipient is entitled to the replacement of one (1) lost, destroyed, or
1561 stolen Cart every ten (10) years during the life of this Agreement at no cost to the Service Recipient. Except
1562 in the case of a Cart that must be replaced because of damage caused by Contractor or in the case where
1563 Contractor elects to replace a Cart rather than repair it on-site, Contractor will be compensated for the cost
1564 of those replacements in excess of one (1) per type of Cart per Service Recipient during the term of the
1565 rvice Rate set forth in Exhibit 1, or as may be
1566 adjusted by the City from time to time as provided under this Agreement.
1567 11.05.3 Contractor understands and agrees that this provision is intended to be applied on
1568 a per Cart type, individual Service Recipient basis and accordingly each Service Recipient could receive
1569 up to three (3) replacement Carts, one (1) of each type, every ten (10) years during the term of the contract.
1570 11.05.4 Repair of Garbage, Recycling and Organic Waste Carts. Contractor is responsible
1571 for the repair of Carts, including but not be limited to, hinged lids, wheels and axles. Within five (5) Work
1572 Days of notification by the City or a Service Recipient of the need for such repairs, Contractor must repair
1573 the Cart or if necessary, remove the Cart for repairs and deliver a replacement Cart to the Service Recipient.
1574 11.05.5 Cart Exchange. Upon notification to Contractor by City or a Service Recipient that
1575 a change in the size of a Cart is requested, Contractor must deliver such Cart to such Service Recipient
1576 within five (5) Work Days. Each MFD Service Unit is eligible to receive one (1) free Cart exchange per
1577 Calendar Year during the term of this Agreement for moving to a larger Cart size. Each MFD Service Unit
1578 is eligible to receive unlimited Cart exchanges per Calendar Year during the term of this Agreement for
1579 moving to a smaller Cart size. Accordingly, Contractor will be compensated only for the cost of those
1580 exchanges in excess of one (1) per Calendar Year for those Service Units receiving larger Cart sizes, in
1581 set forth in Exhibit 1 or as may be adjusted this
1582 Agreement.
1583 11.05.6 Additional Cart Request. Upon notification to the Contractor by City or a Service
1584 Recipient that additional Carts for Garbage, Recyclable Materials, or Organic Waste are requested,
1585 Contractor shall deliver such Carts to such Service Recipient within five (5) Work Days, at the rate set forth
1586 in Exhibit 1.
1587 11.05.7 Ownership of Carts. Ownership of Carts is vested in the Contractor.
1588 11.06 Cleaning of Collection Containers. Once each Calendar Year, if requested by the MFD,
1589 Contractor must clean all Collection must replace the dirty Collection
1590 Containers with clean Collection Containers. Any Collection Container cleanings must be done in such a
1591 orm drain system. This service must be provided at no
1592 charge to the Service Recipient, so long as the service is not requested more than once per Calendar Year.
1593 In addition, regardless of whether or not this cleaning is requested by the Service Recipient, Contractor will
1594 ensure that all Collection Containers are cleaned on an as-needed basis so as to maintain a clean
1595 appearance and proper function. Additional cleanings beyond once each Calendar Year will be subject to
1596 the Service Rate set forth in Exhibit 1.
FINAL AGREEMENT Page 46 of 183
1597 11.07 MFD Garbage Collection Service. This service is governed by the following terms and
1598 conditions:
1599 11.07.1 Non-Collection. Contractor is not required to Collect any Garbage that is not placed
1600 in a Garbage Cart. In the event of non-collection, Contractor will follow the steps set forth in Section 5.10.
1601 11.07.2 Disposal Facility. Except as set forth below, all Garbage Collected as a result of
1602 performing Collection Services must be transported to, and disposed of, at the Disposal Facilities listed in
1603 Exhibit 9. In the event the Disposal Facility is closed on a Work Day, Contractor must transport and dispose
1604 of the Garbage at another legally permitted Disposal Facility. Failure to comply with this provision will result
1605 in the levy of a penalty as specified in Exhibit 6 and may result in Contractor being in default under this
1606 Agreement.
1607 11.08 MFD Recycling Service. This service is governed by the following terms and conditions:
1608 11.08.1 Overages. Corrugated cardboard that will not fit inside the Recycling Cart may be
1609 placed beside the Recycling Cart if flattened.
1610 11.08.2 Recycling - Improper Procedure. The Contractor is not required to Collect
1611 Recyclable Materials if the Service Recipient does not segregate the Recyclable Materials from Solid Waste
1612 or Organic Waste. Furthermore, Contractor is not required to Collect Recyclable Materials that are
1613 contaminated through commingling with Solid Waste or Organic Waste. To address contamination,
1614 Contractor must follow the steps set forth in Section 5.07.
1615 11.08.3 Materials Recovery Facility. Except as provided in Section 5.07, all Recyclable
1616 Materials collected as a result of performing recycling services must be delivered to the Materials Recovery
1617 Facility listed in Exhibit 9. Failure to comply with this provision will result in the levy of a penalty as specified
1618 in Exhibit 6 and may result in Contractor being in default under this Agreement. All expenses related to
1619 materials processing and marketing will be the sole responsibility of Contractor. City has the right to
1620 designate Materials Recovery Facility.
1621 11.08.4 Move In/Out Collection Service. Within three (3) months of opening a new account,
1622 at no additional charge, each MFD customer may request that Contractor provide one on-call Move-In/Out
1623 Recyclable Material Collection Service for recyclable packaging materials such as flattened cardboard
1624 boxes, and bundled newspaper and packaging foam. This will be offered as a one-time service for each
1625 new account. This service shall only include Recyclable Materials, and in the event that the Service
1626 Recipient includes Garbage in the materials set out for Collection by Contractor, this service shall be
1627 annual Large Item Collections as set forth in Section
1628 11.10.
1629 11.08.5 Recycling - Changes to Services. Should changes in Applicable Law arise that
1630 necessitate any additions or deletions to the services described in this Section 11.08, including the type of
1631 items included as Recyclable Materials, the parties will negotiate any necessary cost changes and will enter
1632 into an Agreement amendment covering such modifications to the services to be performed and the
FINAL AGREEMENT Page 47 of 183
1633 compensation to be paid in accordance with Section 30.01.1 before undertaking any changes or revisions
1634 to such services.
1635 11.09 MFD Organic Waste Collection Service. This service is governed by the following terms
1636 and conditions:
1637 11.09.1 Organic Waste Processing Services. Contractor must ensure that all Organic
1638 Waste Collected pursuant to this Agreement is diverted from the landfill in accordance with AB 939, AB
1639 1826, AB 1594, SB 1016 and SB 1383, and any subsequent or other Applicable Law. Contractor must
1640 ensure that the Organic Waste Collected pursuant to this Agreement is not disposed of in a landfill, except
1641 for residue resulting from processing. If the organics processing facility accepts bagged organic waste
1642 (where bags are biodegradable or otherwise), then Contractor is obligated to accept bagged Organic
1643 Waste.
1644 11.09.2 Organic Waste Processing Facility. Contractor must deliver all Collected Organic
1645 Waste to a fully permitted Organic Waste Processing Facility or a fully permitted Transfer Station, that has
1646 been listed in Exhibit 9 and agreed upon by the City. All expenses related to Organic Waste processing and
1647 marketing will be the sole responsibility of Contractor. Failure to comply with this provision will result in the
1648 levy of a penalty as specified in Exhibit 6 and may result in Contractor being in default under this Agreement.
1649 City has the right to designate Organic Waste Processing Facility.
1650 11.09.3 Holiday Tree Collection. Contractor must Collect Holiday Trees set out at the curb
th
1651 for Collection during the three-week period beginning December 26 each year during the term of this
1652 Agreement. Contractor must deliver the Collected Holiday Trees to an appropriate Organic Waste
1653 Processing Facility for Diversion through uses other than Alternative Daily Cover or Beneficial Use. This
1654 annual service will be provided at no additional charge to the Service Recipient. Contractor is not required
1655 to divert Holiday Trees with tinsel, flocking or ornaments.
1656 11.09.4 Non-Collection. Contractor is not required to Collect Organic Waste if the Service
1657 Recipient does not segregate the Organic Waste from Solid Waste or Recyclable Materials. Furthermore,
1658 Contractor is not required to Collect Organic Wastes that are contaminated through commingling with Solid
1659 Waste or Recyclable Materials. Contractor will address contamination in accordance with Section 5.07.
1660 11.09.5 Manure Collection Service. Contractor shall Collect all Manure placed in an
1661 Organic Waste Container at least once per week, or more often if arranged between Service Recipient and
1662 Contractor. Service Recipients may be instructed not to fill the Containers above a specified line or weight,
1663 so as not to damage the Containers or Collection Vehicle, and City shall resolve any disputes regarding the
1664 maximum weight that may be accommodated in such Containers. All Manure collected shall be diverted
1665 from landfilling through composting or other means and may not be collected or commingled with Garbage.
1666 11.09.5.1 Manure Cart Collection. Contractor shall provide Manure
1667 Collection Service to any MFD Service Recipients that require and request a Cart for Manure Collection
1668 Service at no additional charge to the Service Recipient.
FINAL AGREEMENT Page 48 of 183
1669 11.09.5.2 Manure Bin Collection. Contractor shall provide Manure Collection
1670 Service to any MFD Service Recipients that require and request a Bin for Manure Collection Service at no
1671 additional charge to the Service Recipient.
1672 11.09.6 Home Compost Bins. Contractor shall store, promote, and distribute a maximum
1673 of 500 Home Compost Bins per Calendar Year to be used by Service Recipients to compost Organic Waste.
1674 Contractor is responsible for purchase of Home Compos
1675 11.10 MFD Large Item Collection Service. This service is governed by the following terms and
1676 conditions:
1677 11.10.1 Conditions of Service. Contractor must provide Large Item Collection Service to all
1678 MFD Service Units in the Service Area whose Large Items have been placed within three (3) feet of the
1679 curb, swale, paved surface of the public roadway, closest accessible roadway, or other such location agreed
1680 to by Contractor and Service Recipient, that will provide safe and efficient accessibility to Contractor's
1681 Collection crew and vehicle. Up to four (4) times per Calendar Year each Service Recipient is entitled to
1682 receive large item disposal amounting to a combined annual maximum of the equivalent of (a) 1.5 cubic
1683 yards of uncontainerized Solid Waste, or (b) three (3) large items, or (c) ten (10) 32-gallon bags at no
1684 additional cost and expense. For subsequent collection in any Calendar Year, the Contractor shall receive
1685 compensation from the customer at the rate for such service as set in Exhibit 1.
1686 11.10.2 Frequency of Service. Large Item Collection Service will be provided on the next
1687 regular Collection day if the request is received at least two (2) Work Days in advance of the next regular
1688 Collection day. The Service Recipient may not intentionally commingle residential Large Items with other
1689 Residential Waste.
1690 11.10.3 Large Items Containing Freon. In the event Contractor Collects Large Items that
1691 contain Freon, Contractor must handle such Large Items in a manner such that the Large Items are not
1692 subject to regulation as hazardous waste under applicable State and Federal laws or regulations.
1693 11.10.4 Maximum Reuse and Recycling. Contractor must dispose of Large Items collected
1694 from Service Units pursuant to this Agreement in accordance with the following hierarchy:
1695 11.10.4.1 Reuse as is (where energy efficiency is not compromised)
1696 11.10.4.2 Disassemble for reuse or Recycling
1697 11.10.4.3 Recycle
1698 11.10.4.4 Disposal
1699 11.10.5 Disposal of Large Items. Contractor may not landfill such Large Items unless the
1700 Large Items cannot be reused or recycled.
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1701 11.10.6 City Direction of Large Items. City reserves the right to direct Contractor to take
1702 specific types of Large Items Collected pursuant to this Section to designated sites not more than twenty
1703 (20) miles from any City boundary for the purpose of reuse or recycling at no cost. Contractor has no
1704 obligation to dispose of the Large Item residue remaining at the directed site or sites after scavengers and
1705 recyclers have removed reusable or recyclable Large Items.
1706 Article 12. Commercial Service
1707 12.01 Commercial Conditions of Service. Except as set forth below, Contractor must provide
1708 Commercial Collection Services to all Commercial Service Units in the Service Area, including MXD Service
1709 Units and those City Service Units listed in Exhibit 3. MFD Units serviced with Bins will abide by the
1710 guidelines listed in this Section but are serviced as part of the Residential Collection Service. This service is
1711 governed by the following terms and conditions:
1712 12.01.1 Provision of Service. Contractor must provide Commercial Garbage Collection
1713 Service, Commercial Recycling Service and Commercial Organic Waste Collection Service to all
1714 Commercial Service Units Service Units in the Service Area whose Solid Waste, Recyclable Materials, and
1715 Organics Waste are properly containerized in Collection Containers as appropriate where the Collection
1716 Containers are accessible as set forth in Section 12.01.4. Contractor must offer Garbage, Recyclable
1717 Materials, and Organic Waste Carts in 32, 64, and 96-gallon sizes. Contractor must offer Garbage and
1718 Recyclable Materials Bins in 1, 2, 3, 4, and 6-cubic yard sizes and 1, 2, and 3-cubic yard sizes for Organic
1719 Waste Bins. Contractor may offer Roll-off Containers in 10, 20, 30, and 40-cubic yard sizes, and Collection
1720 from Compactors. The size of the container and the frequency (above the minimum) of Collection will be
1721 determined between the Service Recipient and Contractor. However, the size and frequency must be
1722 sufficient to provide that no Garbage, Recyclable Materials, or Organic Waste need be placed outside the
1723 Collection Container. The base Commercial Collection Service will include Commercial Recycling Service
1724 as described in Section 12.04.2 below, and Commercial Organic Waste Collection Service as described in
1725 Section 12.05.5 below.
1726 12.01.2 Bundled Service. For the Commercial Solid Waste Collection Service system,
1727 Contractor shall provide Garbage Bins as requested by the Commercial Service Recipient, and including
1728 at no additional cost the equivalent volume of recycling, and one (1) 32-Gallon Organic Waste Cart per 2
1729 cu yd of weekly trash (garbage plus recycling) service as part of the base bundled Commercial Collection
1730 Service. The actual configuration of Recycling and Organic Waste Cart and/or Bin sizes shall be based on
1731 the total equivalent volume and configured in a manner determined by the Service Recipient in consultation
1732 with the Contractor. Additional services may be requested by the Commercial Service Recipient. To be
1733 exempted from Commercial Recycling Service or Commercial Organic Waste Collection Service, Service
1734 Recipient must apply for exemption to the Contractor. All such exemption applications must be reported in
1735 the Waste Reporting System and approved by the City.
1736 12.01.3 Hours of Collection. Commercial Collection Service must be provided as set forth
1737 in Section 15.44.600 of the Municipal Code, commencing no earlier than 5:00 a.m., and terminating no later
1738 than 7:00 p.m., Monday through Saturday, except for Holidays. If the Commercial Collection Service is
1739 adjacent to Residential Premises, then collection service will be provided no earlier than 7:00 a.m. Monday
FINAL AGREEMENT Page 50 of 183
1740 through Friday and 8:00am on Saturday. The hours, day, or both of Collection may be extended due to
1741 extraordinary circumstances or conditions with the prior verbal or written consent of the Agreement
1742 Administrator.
1743 12.01.4 Accessibility. Contractor must Collect all Collection Containers that are readily
1744 accessible to Contractor's crew and vehicles and not blocked. However, Contra
1745 ssary upon request during the provision of Commercial
1746 Collection Services for the Service Rate set forth in Exhibit 1. Push services include, but are not limited to,
1747 dismounting from the Collection Vehicle, moving the Collection Containers from their storage location for
1748 Collection and returning the Collection Containers back to their storage location. Stinger/scout truck
1749 services provide for the retrieval of Collection Containers from locations with accessibility constraints that
1750 make Containers difficult or impossible to access using regular trash collection trucks.
1751 12.01.5 Manner of Collection. Contractor must provide Commercial Collection Service with
1752 as little disturbance as possible and must leave any Collection Container at the same point it originally
1753 located without obstructing alleys, roadways, driveways, sidewalks or mail boxes.
1754 12.02 New Containers. At the start of this Agreement, Contractor must supply new Carts and
1755 newly painted Bins and Roll-off Containers in good condition that comply with Collection Container
1756 specifications in Exhibit 4. If any changes to these specifications are adopted after the Effective Date that
1757 results in Contractor being required to replace Collection Containers before they have been fully depreciated,
1758 Contactor will be eligible for additional compensation in accordance with Section 30.01.1.
1759 12.02.1 Purchase and Distribution of Collection Containers for New Commercial Service
1760 Units. Contractor must also distribute newly painted Collection Containers as specified in Exhibit 4 to new
1761 Commercial and MFD/MXD Service Units that are added to
1762 this Agreement. The size and mix of the Collection Containers will be in accordance with the service
1763 agreement obtained by Contractor as set forth in this Agreement and the distribution must be completed
1764 within five (5) Work Days of receipt of the request for service.
1765 12.02.2 Replacement of Collection Containe
1766 damage to Collection Containers by unnecessary rough treatment. Any Collection Container damaged by
1767 the Contractor must be replaced by Contractor, at Contractor's expense, within five (5) Work Days at no
1768 cost or inconvenience to the Service Recipient.
1769 12.02.2.1 Each Commercial Service Unit is entitled to the replacement of
1770 one (1) lost, destroyed, or stolen Garbage, Recycling, and Organic Collection Container during the initial
1771 term of this Agreement at no cost to the Service Unit. Accordingly, Contractor will be compensated for the
1772 cost of those replacements in excess of one (1) Garbage, Recycling, and Organic Collection Container per
1773 Commercial Service Unit during the initial term of
1774 t forth in Exhibit 1. Contractor must deliver a
1775 replacement Collection Container to such Service Unit within five (5) Work Days.
FINAL AGREEMENT Page 51 of 183
1776 12.02.3 Repair of Collection Containers. Contractor is responsible for repair of Collection
1777 Containers. Within five (5) Work Days of notification by City or a Service Recipient of the need for such
1778 repairs, Contractor must repair the Collection Container or if necessary, remove the Collection Container
1779 for repairs and deliver a replacement Collection Container to the Service Recipient. Collection Container
1780 repair also includes the removal of graffiti from the Collection Container.
1781 12.02.4 Collection Container Exchange. Upon notification to Contractor by City or a Service
1782 Recipient that a change in their Collection Containers is required, Contractor must deliver such Collection
1783 Containers to such Service Recipient within five (5) Work Days. Each Commercial Service Unit is eligible
1784 to receive one (1) free Collection Container exchange per Calendar Year during the term of this Agreement.
1785 Contractor is allowed to charge the Service Unit for the cost of those exchanges in excess of one (1)
1786 Collection Container exchange per Calendar Year, in accordance with the appropri
1787 y be adjusted by City under this Agreement. Additional
1788 Collection Containers or different size Collection Containers are subject to the applicable Service Rate set
1789 forth in Exhibit 1.
1790 12.02.5 Ownership of Collection Containers. Ownership of Collection Containers
1791 distributed by Contractor is vested in Contractor.
1792 12.02.6 Cleaning of Collection Containers. Once each Calendar Year, if requested by the
1793 Commercial Service Unit, Contractor must clean all Collection Containers at the Co
1794 premises or must replace the dirty Collection Containers with clean Collection Containers. Any Collection
1795 Container cleanings must be done in such a manner that
1796 system. This service must be provided at no charge to the Service Unit, so long as the service is not
1797 requested more than once per Calendar Year. In addition, regardless of whether or not this cleaning is
1798 requested by the Service Unit, Contractor will ensure that all Collection Containers are cleaned on an as-
1799 needed basis so as to maintain a clean appearance and proper function. Additional cleanings beyond once
1800 each Calendar Year will be subject to the Service Rate set forth in Exhibit 1.
1801 12.03 Commercial Garbage Collection Service.
1802 12.03.1 Conditions of Service. Contractor must provide Commercial Garbage Collection
1803 Service to all Commercial Service Units in the Service Area whose Garbage is properly containerized in
1804 Garbage Collection Containers, where the Garbage Collection Containers are accessible.
1805 12.03.2 Size and Frequency of Service. This service must be provided as deemed
1806 necessary and determined between Contractor and the Commercial Service Unit, but such service must
1807 be received no less than one (1) time per week with no exception for holiday(s) as set forth herein, except
1808 that Collection service scheduled to fall on a holiday may be rescheduled as determined between the
1809 Service Unit and Contractor as long as the minimum frequency requirement is met. The size of the container
1810 and the frequency (above the minimum) of Collection will be determined between the Commercial Service
1811 Unit and Contractor. However, size and frequency must be sufficient to provide that no Solid Waste need
1812 be placed outside the Collection Container. Contractor must provide containers as part of the Commercial
1813 Collection Maximum Service Rates set forth in Exhibit 1. Service Recipients may own and provide their own
FINAL AGREEMENT Page 52 of 183
1814 Compactor provided that the Service Recipient is completely responsible for its proper maintenance, and
1815 such Compactor is of a type that is compatible with Contractor's equipment. All other Collection Containers
1816 used by Service Recipients must be owned and supplied by Contractor.
1817 12.03.3 Non-Collection. Contractor is not required to Collect any Commercial Solid Waste
1818 that is not placed in a Garbage Collection Container unless such Commercial Solid Waste is outside the
1819 Garbage Collection Container because of overflow. In the event of non-collection or overflow, Contractor
1820 must follow the steps as set forth in Section 5.13.
1821 12.03.4 Disposal Facility. All Solid Waste collected as a result of performing Commercial
1822 Solid Waste Collection Services must be transported to, and disposed of, at the Disposal Facility. In the
1823 event the Disposal Facility is closed on a Work Day, Contractor must transport and dispose of Solid Waste
1824 at another legally permitted disposal facility. Failure to comply with this provision will result in the levy of a
1825 penalty as specified in Exhibit 6 and may result in Contractor being in default under this Agreement. City
1826 has the right to designate Disposal Facility and agrees
1827 exercise of flow control rights.
1828 12.04 Commercial Recycling Service. This service is governed by the following terms and
1829 conditions:
1830 12.04.1 Conditions of Service. Contractor must provide Commercial Recycling Service to
1831 all Commercial Service Units in the Service Area whose Recyclable Materials are properly containerized in
1832 Recycling Collection Containers except as set forth below, where the Recycling Collection Containers are
1833 Commercial Recycling Services are set forth in
1834 Exhibit 1.
1835 12.04.2 Base Commercial Recycling Service. All Commercial Service Recipients
1836 subscribing to Commercial Solid Waste Collection Service must receive weekly collection of Recycling
1837 Materials with a minimum of at least one 96-gallon Recycling Cart per Service Recipient and included in
1838 the Bundled Rate set forth in Exhibit 1. The actual configuration of Recycling Collection Container sizes to
1839 be provided will be based on the total equivalent volume and configured in a manner determined by the
1840 Service Recipient in consultation with Contractor.
1841 12.04.3 Size and Frequency of Service. This service will be provided as deemed necessary
1842 and determined between Contractor and the Service Recipient, but such service must be received no less
1843 than one (1) time per week with no exception for holiday(s) as set forth herein, except that Collection service
1844 scheduled to fall on a holiday may be rescheduled as determined between the Service Recipient and
1845 Contractor as long as the minimum frequency requirement is met. Service may be provided by Collection
1846 Container at the option of the Service Recipient. The size of the Collection Container and the frequency
1847 (above the minimum) of Collection will be determined between the Service Recipient and Contractor.
1848 However, size and frequency must be sufficient to provide that no Recyclable Materials need be placed
1849 outside the Collection Container. Contractor may charge for Commercial Recycling Services above the
1850 weekly trash volume equivalent and must provide Recycling Collection Containers as a part of the Bundled
1851 Service with rates set forth in Exhibit 1. Service Recipients may own and provide their own Compactor
FINAL AGREEMENT Page 53 of 183
1852 provided that the Service Recipient is completely responsible for its proper maintenance, and such
1853 Compactor is of a type that is compatible with Contractor's equipment. All other Collection Containers used
1854 by Service Recipients must be owned and supplied by Contractor.
1855 12.04.4 Recycling - Improper Procedure. Contractor is not required to Collect Recyclable
1856 Materials if the Service Recipient does not segregate the Recyclable Materials from Commercial Solid
1857 Waste and Organic Waste. Furthermore, Contractor is not required to collect Recyclable Materials that are
1858 contaminated through commingling with Solid Waste or Organic Waste. To address contamination,
1859 Contractor must follow the steps as set forth in Section 5.07.
1860 12.04.5 Materials Recovery Facility. All Recyclable Materials Collected as a result of
1861 performing Recycling Services must be delivered to the Materials Recovery Facility listed in Exhibit 9.
1862 Failure to comply with this provision will result in the levy of a penalty as specified in Exhibit 6 and may
1863 result in Contractor being in default under this Agreement. All expenses related to materials processing and
1864 marketing will be the sole responsibility of Contractor. City has the right to designate Materials Recovery
1865 Facility and agrees to adjust Maximum Service Rates to
1866 12.04.6 Recycling - Changes to Work. Should changes in law arise that necessitate any
1867 additions or deletions to the work described herein including the type of items included as Recyclable
1868 Materials, the parties will negotiate any necessary cost changes and will enter into an Agreement
1869 amendment covering such modifications to the work to be performed and the compensation to be paid in
1870 accordance with Section 30.01.1 before undertaking any changes or revisions to such work.
1871 12.04.7 Compliance with AB 341 & SB 1383. Contractor will develop and maintain its
1872 Commercial Recycling Service in a manner designed to assist City and the Service Recipients to achieve
1873 and maintain compliance with AB 341 and SB 1383. Contractor will notify Commercial Service Recipients
1874 of the requirements to comply with the laws in November 2023, and not less than annually thereafter.
1875 Contractor must provide the necessary volume of Collection Service to Commercial Service Units in order
1876 to be in full compliance with the law. In conjunction wi
1877
1878 outreach to all non-participating commercial covered generators a minimum of once per calendar year.
1879 Failure to conduct such outreach will result in a penalty as specified in Exhibit 6.
1880 12.04.8 Additional Recycling Collection containers. Contractor must provide additional
1881 Recycling Collection Containers to Commercial Service Recipients above the minimum requirements within
1882 five (5) days of request and may charge for such additional capacity set forth in Exhibit 1 provided that
1883 additional Collection Containers are used by Service Recipients for the purposes of setting out additional
1884 Recyclable Materials for regular weekly Commercial Recycling Service.
1885 12.05 Commercial Organic Waste Collection Service. This service is governed by the following
1886 terms and conditions:
1887 12.05.1 Conditions of Service. Contractor must provide Commercial Organic Waste
1888 Collection Service to all Commercial Service Units in the Service Area whose Organic Waste is properly
FINAL AGREEMENT Page 54 of 183
1889 containerized in Organic Collection Containers, where the Organic Waste Collection Containers are
1890 accessible. Contractor will conduct a site visit with each non-exempt Service Recipient to determine the
1891 specific materials to be included the Service Recipient
1892 Waste, combined Food and Green Waste). Contractor will charge for collection of Organic Waste within the
1893 Bundled Service rate specified in Exhibit 1. For Organic Waste collected in Collection Containers beyond
1894 the size specified in the Bundled Service rate, Contractor will charge at the rate set forth in Exhibit 1.
1895 Contractor agrees that not all Service Units will elect to receive Organic Waste Collection Service in Carts,
1896 and that Contractor will provide Organic Waste Collection Bins upon request and as necessary. Service
1897 Recipients may elect to add Green Waste only Collection Bins to their service at pricing included in Exhibit
1898 1. Contractor will provide a sufficient number of Collection Containers and at a collection frequency to allow
1899 for any such Service Unit to utilize the collection of Organic Waste. Commercial Organic Waste Collection
1900 will occur Monday through Saturday upon request and as necessary. City shall provide Contractor a list of
1901 the names and addresses of Commercial Service Units that are approved by City for exemption from
1902 Organic Waste Collection.
1903 12.05.2 Organic Waste Processing Services. Contractor must ensure that all Organic
1904 Waste Collected pursuant to this Agreement is diverted from the landfill in accordance with AB 939, AB
1905 1826, AB 1594, SB 1016 and SB 1383, and any subsequent or other Applicable Law. Contractor must
1906 ensure that the Organic Waste Collected pursuant to this Agreement is not disposed of in a landfill, except
1907 for residue resulting from processing. If the organics processing facility accepts bagged organic waste, then
1908 Contractor is obligated to accept bagged Organic Waste.
1909 12.05.3 Organic Waste Processing Facility. Contractor must deliver all Collected Organic
1910 Waste to a fully permitted Organic Waste Processing Facility or a fully permitted Organic Waste transfer
1911 station listed in Exhibit 9. Failure to comply with this provision will result in the levy of a penalty as specified
1912 in Exhibit 6 and may result in Contractor being in default under this Agreement. All expenses related to
1913 Organic Waste processing and marketing will be the sole responsibility of Contractor. City has the right to
1914 designate Organic Waste Processing Facility and agrees to
1915 exercise of flow control rights.
1916 12.05.4 Organic Waste Collection Frequency. Contractor must comply with CalRecycle
1917 collection frequency requirements as they may apply during the term of this Agreement. If any such changes
1918 to collection frequency are adopted after Effective Date that result in Contractor being allowed to reduce
1919 the frequency of Garbage or Organic Waste Collection, or otherwise cause Contractor to reduce its
1920 collection costs as a result in a change in Garbage or Organic Waste collection frequency, Contractor must
1921 provide City with its estimate of reduced its costs and shall make adjustments to the Maximum Service
1922 Rates.
1923 12.05.5 Base Commercial Organic Waste Service. All Commercial Service Recipients
1924 subscribing to Commercial Garbage Collection Service must receive weekly collection of the equivalent
1925 volume of at least one (1) 32-gallon Organic Waste Cart per Service Recipient included in the Bundled
1926 Service rate. The actual configuration of Organic Waste Collection Container sizes to be provided will be
1927 based on the total equivalent volume and configured in a manner determined by the Service Recipient in
FINAL AGREEMENT Page 55 of 183
1928 consultation with Contractor. Contractor may charge for Commercial Organic Waste Collection as set forth
1929 in Exhibit 1 for Commercial Organic Waste Service greater than the base 32-gallon Organic Waste Cart.
1930 12.05.6 Size and Frequency of Service. This service will be provided as deemed necessary
1931 and determined between Contractor and the Service Recipient, but such service must be received no less
1932 than one (1) time per week with no exception for holiday(s) as set forth herein, except that Collection service
1933 scheduled to fall on a holiday may be rescheduled as determined between the Service Recipient and
1934 Contractor as long as the minimum frequency requirement is met. Service may be provided by Bin or Cart
1935 at the option of the Service Recipient. The size of the container and the frequency (above the minimum) of
1936 Collection will be determined between the customer and Contractor. However, size and frequency must be
1937 sufficient to provide that no Organic Waste needs be placed outside the Collection Container. Service
1938 Recipients may own and provide their own Compactor provided that the Service Recipient is completely
1939 responsible for its proper maintenance, and such Compactor is of a type that is compatible with Contractor's
1940 equipment. All other Collection Containers used by Service Recipients must be owned and supplied by
1941 Contractor.
1942 12.05.7 Organic Waste - Improper Procedure. Contractor is not required to Collect Organic
1943 Waste if the Service Recipient does not separate the Organic Waste from Solid Waste and Recyclable
1944 Materials. Furthermore, Contractor is not required to collect Organic Waste that is contaminated through
1945 commingling with Solid Waste or Recyclable Materials. To address contamination, Contractor must follow
1946 the steps set forth in Section 5.07.
1947 12.05.8 Organic Waste - Changes to Services. Should changes in law arise that
1948 necessitate any additions or deletions to the services described in this Section including the type of items
1949 included as Organic Waste, the parties will negotiate any necessary cost changes and will enter into an
1950 Agreement amendment covering such modifications to the services to be performed and the compensation
1951 to be paid in accordance with Section 30.01.1 before undertaking any changes or revisions to such services.
1952 12.05.9 Compliance with AB 1826 & SB 1383. Contractor will develop and maintain its
1953 Commercial Organic Waste Collection Service in a manner designed to assist City and Service Recipients
1954 to achieve and maintain compliance with AB 1826 and SB 1383. Contractor will notify non-exempt covered
1955 businesses of the requirements to comply with the law in November 2023, and no less than annually
1956 thereafter. Contractor will offer to provide the volume of collection service that covered businesses require
1957 to be in compliance with the law. In conjunction with
1958 AB 341, SB 1383 and AB 827 by Commercial Service Units ractor will conduct in-
1959 person outreach to all non-participating non-exempt commercial covered generators as specified in Section
1960 20.02. Failure to conduct such outreach will result in a penalty as specified in Exhibit 6.
1961 12.05.10 Additional Organic Waste Collection Containers. Contractor must provide
1962 additional Organic Waste Collection Containers to Service Recipients at the rates listed in Exhibit 1 provided
1963 that additional Collection Containers are used by Service Recipients for the proposes of setting out
1964 additional Organic Waste materials for regular weekly Organic Waste Collection Service.
FINAL AGREEMENT Page 56 of 183
1965 12.05.11 Manure Collection Service. Contractor shall Collect all Manure placed in
1966 an Organic Waste Container at least once per week, or more often if arranged between Service Recipient
1967 and Contractor. Service Recipients may be instructed not to fill the Containers above a specified line or
1968 weight, so as not to damage the Containers or Collection Vehicle, and City shall resolve any disputes
1969 regarding the maximum weight that may be accommodated in such Containers. All Manure collected shall
1970 be diverted from landfilling through composting or other means and may not be collected or commingled
1971 with Garbage.
1972 12.05.11.1 Manure Cart Collection. Contractor shall provide Manure
1973 Collection Service to Commercial Customers that utilize Cart service for Manure Collection Service may be
1974 charged no more than the Maximum Service Rates as set forth in Exhibit 1.
1975 12.05.11.2 Manure Bin Collection. Contractor shall provide Manure Collection
1976 Service to Commercial Customers that utilize Bin service for Manure Collection Service may be charged
1977 no more than the Maximum Service Rates as set forth in Exhibit 1.
1978 Article 13. Mixed Use Dwelling Service (MXD)
1979 13.01 MXD Collection Service. As in Section 12.01.
1980 13.02 MXD Solid Waste Collection Service. As in Section 12.03.
1981 13.03 MXD Recycling Service. As in Section 12.04.
1982 13.04 MXD Move In/Out Collection Service. As in Section 10.08.4.
1983 13.05 MXD Organic Waste Collection Service. As in Section 12.05.
1984 13.06 MXD Large Item Collection Services. As in Section 10.10; Contractor may charge Service
1985 Recipients for Bulky Waste Collections subject to the Maximum Service Rate in Exhibit 1.
1986 Article 14. City Services
1987 14.01 City Collection Conditions of Service. City Collection Services shall be governed by the
1988 following terms and conditions:
1989 14.01.1 City Collection Services. Contractor shall provide Garbage, Recycling, and
1990 Organic Waste Collection Services to all City Service Units set forth in Exhibit 3, or as City may designate
1991 in the future (and where applicable, subject to the conditions in this Section), where the Containers are not
1992
1993 r the good will of the City and the general
1994 public, Contractor voluntarily agrees to provide Collection Services under this Article at no cost to the City
1995 excepting excess service as provided in this Article, and warrants that such service shall neither impact the
1996 Maximum Service Rates nor be otherwise paid for or subsidized by any other Service Recipients.
FINAL AGREEMENT Page 57 of 183
1997 14.01.3 Contractor shall receive written permission from the City before placing any
1998 Collection Containers on City owned property for service, except that no such permission shall be needed
1999 to place Collection Containers at locations specified for such Containers in Exhibit 3.
2000 14.01.4 Contractor shall limit the number of trips and the path of travel for Collection
2001 Vehicles in City parking lots.
2002 14.01.5 Container Service. City Facilities shall be provided Collection Services generally
2003 subject to the same terms and conditions as similar Service Units with regard to Container specifications,
2004 repair, replacement, cleanings, and exchange; provided the City shall not be charged for any requests for
2005 such services.
2006 14.01.6 Frequency of Service. The frequency of collection may be designated by the City,
2007 but not to exceed six (6) times per week per container. City may change the City Service Units receiving
2008 service, and the container volume and Collection frequency provided to any City Service Unit, by written
2009 notice to Contractor.
2010 14.02 City Clean-Up Services.
2011 Within one (1) Work Day of a request from
2012 the Agreement Administrator, Contractor shall provi
2013 Clean-Up Services in the Service Area. City shall be responsible for loading or arranging for loading of each
2014 Roll-off Container. Contractor shall collect, transport and deliver City Code Enforcement Clean-Up Services
2015 Garbage, Recyclable Material, and Organic Waste to a Disposal Facility, the Materials Recovery Facility,
2016 or Organics Processing Facility, as appropriate given the characteristics of the load. Contractor shall deliver,
2017 Clean-Up Services waste from up to sixty (60)
2018 Roll-off Containers each Agreement Year at no charge to the City. Contractor shall be entitled to charge
2019 the City for collected materials exceeding sixty (60) collections per Agreement Year in accordance with the
2020 Service Recipient Rates as set forth in Exhibit 1.
2021 14.02.2 Abandoned Waste/Illegal Dumping Reporting. When conducting service within the
2022 City, Contractor shall direct its Collection Vehicle drivers to report to Contractor sightings of illegal dumping
2023 of Waste by recording: (i) the addresses of any Service Area where Garbage, Recyclable Material, and/or
2024 Organics Waste is accumulating; and (ii) the address, or other location description at which Garbage,
2025 Recyclable Material, and/or Organics Waste has been dumped. Contractor shall report to the City sightings
2026 and the recorded address within three (3) Work Days.
2027 14.02.3 Abandoned Waste/Illegal Dumping Clean-up.
2028 collect, transport and process dumped items based on high volume sites throughout City and specific
2029 customer complaints, at no additional charge to City. At all times possible, Contractor will manage requests
2030 system or any other reporting system utilized.
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2031 14.03 City-Sponsored Events Service. Upon request by the City, Contractor shall provide
2032 Containers and Collection Services at City-Sponsored Events upon request, including but not limited to those
2033 specified in Exhibit 2, at no cost to the City.
2034 14.04 Large Item Collection Service. Contractor shall collect Large Items, including E-Waste and
2035 Universal Waste, from City Services Units as listed on Exhibit 3 on an on-call basis on the same terms and
2036 conditions as are provided to SFD Service Units per Section 10.10 at rates specified in Exhibit 1.
2037 Article 15. Additional Services
2038 15.01 Large Item Drop-off. Service Recipients may drop-off unlimited Bulky Items, excluding
2039 designated site within the City between the hours of
2040 8:00 a.m. and 5:00 p.m. Monday through Friday and between 8:00a.m. and 12:00 p.m., one Saturday per
2041 month. Contractor shall not charge Service Recipients for accepting, processing, or Disposing of Bulky Items
2042 so delivered. Contractor shall handle all Organic Waste, Recyclable Materials, and electronic waste so
2043 deposited at its facility in accordance with all Applicable Laws and regulations.
2044 15.02 Neighborhood Clean-Up Events. Contractor shall provide Collection Services at
2045 Neighborhood Clean-Up Events at a maximum of twelve (12) per year upon request by City. Each event
2046 shall occur on a Saturday between the hours of 8:00 a.m. and 12:00 p.m. at a location selected by the City
2047 and shall be limited to SFD, MFD, and MXD Service Recipients within the City. Contractor shall provide a
2048 maximum of three (3) 40-yard Roll-off Containers per event. The Agreement Administrator shall notify
2049 Contractor in writing or e-mail not less than eight (8) weeks prior to the date of the Neighborhood Clean-Up
2050 Event. The services shall be provided in a manner that meets all needs of the Neighborhood Clean-Up
2051 Event. The events must not occur during the week prior, the week of, or the week after a Holiday. The events
2052 shall be conducted by Contractor at no cost of any kind to the City. Contractor shall provide staffing to support
2053 City management at all times during the Clean-Up Days Events.
2054 15.02.1 Contractor shall prepare and distribute to SFD, MFD, and MXD Residential Service
2055 Recipients Neighborhood Clean-Up Event notices no later than six (6) weeks prior to each event. At a
2056 minimum, the dates and hours of operation, locations of the collection sites, and acceptable materials for
2057 collection shall be included in the notices. Contractor may separately mail electronically transmit the notices
2058 or provide the notices as billing inserts to each SFD, MFD, and MXD Residential Service Recipient.
2059 Contractor shall provide Spanish-translated notices upon request by the City. The costs of production,
2060 printing, mailing and all associated costs for the notices shall be borne by Contractor. Contractor shall also
2061 provide their information in digital format to the City.
2062 15.03 Mulch or Compost Delivery. At no cost to the City, Contractor must assist City in arranging
2063 for produced compost/mulch, or other recovered organic waste products to comply with SB 1383
2064 procurement requirements to be delivered in qualities, quantities, locations and times agreed on between
2065 City and Contractor. Such Contractor assistance can be in the form of backhauling materials or setting aside
2066 locations for Service Recipients to pick up produced compost/mulch at an approved facility. Contractor
2067 agrees to provide up to 7,700 cubic yards of compost or mulch to the City annually.
FINAL AGREEMENT Page 59 of 183
2068 15.04 Edible Food Recovery Support. At no cost to the City, Contractor must provide support to
2069 ired under SB 1383. Contractor support may include
2070 educating commercial edible food generators, providing records of site visits, conducting education efforts,
2071 providing lists of food recovery organizations, and coordinating with Agreement Administrator.
2072 15.05 Free Paper Shredding Events. Up to four (4) times per year, at no additional cost to City or
2073 its residents, Contractor will conduct a free paper shredding event at a location as determined by the City.
2074 At each event, all City residents will be permitted to deliver an unlimited amount of paper for shredding free
2075 of charge by Contractor. Contractor must arrange for all shredded paper generated by each event to be
2076 processed in such a manner so as to ensure the diversion of this material from landfilling.
2077 Article 16. Collection Routes
2078 16.01 Service Routes. Contractor must provide City with maps and digital mapping data precisely
2079 defining Collection routes, together with the days and the times at which Collection will regularly commence.
2080 16.02 Initial Route Changes. Contractor agrees not to change any Residential Collection Services
2081 routes in effect as of the Effective Date of this Agreement prior to July 1, 2024, with the exception of limited
2082 route changes that may be necessary for new development, and subject to review and approval by the City.
2083 After July 1, 2024, if any re-routing of Residential Collection services is necessary for collection efficiency,
2084 Contractor may submit to City, in writing, proposed route changes (including maps thereof) not less than
2085 sixty (60) calendar days prior to the proposed date of implementation. Any such initial routing change may
2086 not affect more than ten percent (10%) of SFD Service Units in the City and is subject to City review and
2087 approval.
2088 16.03 Future Service Route Changes. Contractor must submit to City, in writing, any proposed
2089 route change (including maps thereof) not less than sixty (60) calendar days prior to the proposed date of
2090 implementation. Contractor may not implement any route changes without the prior review of the Agreement
2091 Administrator. If the change will change the Collection day for a Service Recipient, Contractor must notify
2092 those Service Recipients in writing of route changes not less than thirty (30) days before the proposed date
2093 of implementation.
2094 16.04 Collection Route Audits. City reserves the ri
2095 routes. Contractor must cooperate with City in connection therewith, including permitting City employees or
2096 agents, designated by the Agreement Administrator, to ride in the Collection Vehicles to conduct the audits.
2097 Contractor has no responsibility or liability for the salary, wages, benefits or worker compensation claims of
2098 any person designated by the Agreement Administrator to conduct such audits.
2099 Article 17. Minimum Performance and Diversion Standards
2100 17.01 Agreement Extension. In order to receive the Agreement term extension offer set forth in
2101 Section 2.02 of this Agreement, Contractor must meet or exceed the following annual minimum performance
2102 and diversion standards in each Calendar Year beginning January 2024.
FINAL AGREEMENT Page 60 of 183
2103 17.01.1 Performance Standards. Assessment of penalties and charges, as set forth in
2104 Exhibit 6 of this Agreement, totaling less than $50,001 in any one (1) Calendar Year.
2105 17.01.2 Minimum Diversion Standards. Contractor must meet the requirements set forth in
2106 Article 8.
2107 17.01.3 No Current Default. Contractor is not currently in default of the Agreement.
2108 17.02 Billing Audit and Performance Reviews.
2109 17.02.1 Contractor Shall Review its Billings to all Customers. The purpose of the review is
2110 to determine that the amount which the Contractor is billing each Customer is correct with regard to the
2111 level of service (i.e., frequency of collection, size of container, location of container) at the rates approved
2112 by City Council resolution. The Contractor shall review Customer accounts not less than annually and
2113 provide a written certification to the City that all such billing is correct. The documentation of the review, as
2114 well as verification that any errors have been corrected should be provided to the City annually.
2115 17.02.2 Selection and Cost. City may conduct billing audit and performance reviews
2116
2117 The reviews will be performed by the City or a qualified firm under contract to City. City will have the final
2118 responsibility for the selection of the firm. City may conduct reviews at any time during the term of the
2119 Agreement. City and Contractor agree to each pay fifty-percent (50%) of the cost of the audits and
2120 performance reviews provided for under Section 17.02.
2121 17.02.2.1 Full Reviews During Initial Term. City may conduct two (2) full
2122 reviews with costs apportioned as stated in Section 17.02.2 during the Initial Term of this Agreement. The
2123 purpose of these full reviews will be as described in Section 17.02.3 below.
2124 17.02.2.2 Full Review During Extension Period. In the event that Contractor
2125 is granted an extension to the term of this Agreement as described in Section 2.02, City may conduct one
2126 (1) additional full review during each of the five (5) year extension periods. The purpose of this full review
2127 is described in Section 17.02.3. For each of these full review costs will be apportioned as stated in Section
2128 17.02.2.
2129 17.02.3 Purpose. The reviews will be designed to verify that customer billing rates have
2130 been properly calculated and they correspond to the level of service received by the customer, verify that
2131 Contractor is correctly billing for all services provided, Franchise Fees and other fees required under this
2132 Agreement have been properly calculated and paid to City,
2133 requirements and performance standards of this Agreement, verify the diversion percentages reported by
2134 Contractor, and verify any other provisions of the Agreement. City (or its designated consultant) may utilize
2135 a variety of methods in the execution of this review, including, but not limited to, analysis of relevant
2136 documents, on-site and field observations, and interviews. City (or its designated consultant) will review
2137 and document the items in the Agreement that require Contractor to meet specific performance standards,
2138 submit information or reports, perform additional services, or document operating procedures, that can be
FINAL AGREEMENT Page 61 of 183
2139 objectively evaluated. This information will be documented an
2140 with supporting documentation and findings tracked for each of the identified items. The review will
2141 specifically include a determination of
2142 and the public outreach and education requirements of Article 20. City (or its designated consultant) may
2143 review the customer service functions and structure ut
2144 protocol for addressing customer complaints and service interruption procedures. Complaint logs may be
2145 reviewed, along with procedures and systems for tracking and addressing complaints. On-site and field
2146 observations by City (or its designated consultant) may include, but are not necessarily limited to:
2147 17.02.3.1 Interviews and discussions wi
2148 management personnel;
2149 17.02.3.2 Review and observation of Cont
2150 and structure;
2151 17.02.3.3 Review of public education and outreach materials;
2152 17.02.3.4 Interviews and discussions with
2153 personnel;
2154 17.02.3.5 Interviews with route dispatchers, field supervisors and managers;
2155 17.02.3.6 Interviews with route drivers;
2156 17.02.3.7 Interviews with vehicle maintenance staff and observation of
2157 maintenance practices; and
2158 17.02.3.8 Review of on-route Collection Services, including observation of driver
2159 performance and collection productivity and visual inspection of
2160 residential routes before and after collection to evaluate cart
2161 placement and cleanliness of streets.
2162 on. Contractor shall cooperate fully with the review and
2163 provide all requested data, including operational data, financial data of the type described in Section
2164 17.01.1, and other data reasonably requested by City within fifteen (15) Work Days of the request.
2165 17.02.5 Additional Billing Audit and Performance Review. In the event that the Billing Audit
2166 and Performance Review concludes that Contractor is not in compliance with all terms and conditions of
2167 this Agreement and such non-compliance is material, Contractor is subject to administrative fees and
2168 penalties as described in Exhibit 6 as well as reimbursement to the City for the full cost of the audit plus
2169 any underpayments discovered during the Audit. Additionally, City may conduct an Additional Billing Audit
2170 and Performance Review beyond the two (2) specified in Section 17.02.2, to ensure that Contractor has
2171 cured any such area of non-compliance. Contractor will be responsible for the cost of any such Additional
2172 Billing Audit and Performance Review for a maximum cost of One-hundred Twenty Thousand Dollars
st
2173 ($120,000) (starting on July 1, 2024 and each January 1 thereafter, with the maximum cost for the review
FINAL AGREEMENT Page 62 of 183
2174 adjusted annually by the change in the CPI). For the purposes of a determination of non-compliance under
2175 this Agreement, Audit findings which result in underpayments of $100,000 or more shall be deemed
2176 material.
2177 17.02.6 City Requested Program Review. City reserves the right to require Contractor to
2178 periodically conduct reviews of the Garbage, Recycling, and Organic Waste Collection Service programs,
2179 provided that such reviews are reasonable and can be accomplished at no additional cost to Contractor
2180 reviews could assess one or more of the following
2181 performance indicators: average volume of Recyclable Materials per setout per customer, average volume
2182 of Organic Waste per setout per customer, participation level, contamination levels, etc. Prior to the program
2183 evaluation review, City and Contractor will meet and discuss the purpose of the review and agree on the
2184 method, scope, and data to be provided by Contractor.
2185 17.03 Cooperation with Other Program Reviews. Contractor shall cooperate with City and/or its
2186 agent(s) as reasonably requested to collect program data, perform field work, conduct route audits to
2187 investigate customer participation levels and setout volumes and/or evaluate and monitor program results
2188 related to Garbage, Recyclable Materials and Organic Waste collected in City by Contractor, provided that
2189 such cooperation can be accomplished at no additional cost to Contractor and without interfering with
2190
2191 Article 18. Collection Equipment
2192 18.01 General Provisions. All equipment used by Contractor in the performance of services under
2193 this Agreement must be of a high quality and meet all Federal, State, and local regulations and air quality
2194 standards, including all applicable provisions of Air Quality Management District. Collection vehicles must
2195 be designed and operated so as to prevent collected materials from escaping from the vehicles. Hoppers
2196 must be closed on top and on all sides with screening material to prevent collected materials from leaking,
2197 blowing or falling from the vehicles. All trucks and containers must be watertight and must be operated so
2198 that liquids do not spill during Collection or in transit.
2199 18.02 Large Items. Vehicles used for Collection of Large Items may not use compactor
2200 mechanisms or mechanical handling equipment that may damage reusable goods or release Freon or other
2201 gases from pressurized appliances.
2202 18.03 Collection Vehicles. Contractor must use new Collection Vehicles as of the
2203 Commencement date and may not use any Collection Vehicle that is more than ten (10) years old during
2204 the term of the Agreement. Contractor shall register all new Collection Vehicles under this Agreement to its
2205 address within the City, and shall report all purchases of Collection Vehicles under this Agreement as
2206 attributable to the City for sales tax purposes. Collection Vehicles must utilize low
2207 which must be renewable natural gas, LNG, CNG, or electric unless otherwise authorized by the City. If
2208 during the term of the Franchise Agreement, new technologies are available such as hybrid or electric
2209 powered collection vehicles, the City or the Contractor may request/negotiate implementation of such new
2210 collection vehicles, with a corresponding change to the Maximum Service Rates to reflect additional cost or
2211 savings. During the Term, to the extent required by law, Contractor shall provide its Collection Vehicles to
FINAL AGREEMENT Page 63 of 183
2212 be in full compliance with all Applicable Laws, including State and Federal clean air requirements that are
2213 adopted or proposed to be adopted, including, but not limited to, the California Air Resources Board Heavy
2214 Duty Engine Standards as currently proposed to be contained in California Code of Regulations, title 13,
2215 sections 2020 et seq., the Federaregulations and all other applicable air
2216 pollution control laws.
2217 18.04 Collection Vehicle Technology. Contractor must use Collection Vehicles fitted with GPS
2218 tracking devicesthat can be used to record start and stop times, vehicle locations, and maximum speed.
2219 Contractor shall furnish to the City at no additional cost or expense any software and equipment necessary
2220 for City to track the location of Collection Vehicles in real time and to generate reports as needed. Collection
2221 Vehicles must also be fitted with cameras that are programmed to take photos, date and location stamped,
2222 to document violations, including contamination, overfilling, and lids not closed. GPS and camera data must
2223 be accessible by City.
2224 18.05 Collection Vehicle Size Limitations / Overweigh Vehicle Charge. Contractor may not use
2225 any Collection Vehicle in violation of weight limitations in Applicable Law. The Contractor may exceed the
2226 Collection Vehicle size limitation for a limited time due to extraordinary circumstances or conditions with the
2227 prior written consent of the Agreement Administrator. The limited time may not exceed 120 days. Contractor
2228 must report all instances of overweight vehicles to City as part of its quarterly Franchise Fee submittal
2229 described in Section 4.03, and as part of its Annual Reports to the City described in Section 22.03. Contractor
2230 may be assessed administrative charges as specified in Exhibit 6 as a result of exceeding an overweight
2231 vehicle rate of five percent (5.00%) in any Calendar Year during the term of the Agreement. The overweight
2232 vehicle rate will be calculated as the total number of overweight Collection Vehicle instances during the
2233 Calendar Year, divided by the total number of Collection Vehicle loads transported during the Calendar Year.
2234 Prior to collecting administrative charges for overweight vehicles, the City shall afford Contractor a
2235 reasonable opportunity to provide the Agreement Administrator documentation of the extraordinary
2236 circumstance that caused the overweight vehicles. Extraordinary circumstances in this particular case
2237 include, but may be limited to, heavy rains or high winds that caused excess Green Waste to be generated,
2238 rain to accumulate in open Collection Containers, or normal Collection routes to be delayed or shortened to
2239 extreme weather conditions. The Agreement Administra
2240 documentation and uphold and collect the assessed charge, to reduce the charge, or waive and dismiss the
2241 charge. The Agreement Administrator shall also have the authority to waive charges in advance of an
2242 anticipated, or in response to and actual, emergency event.
2243 18.06 Registration; Inspection. All vehicles used by Contractor in providing Collection Services
2244 under this Agreement, except those vehicles used solely
2245 the California Department of Motor Vehicles. In addition, each such vehicle must be inspected by the
2246 California Highway Patrol in accordance with Applicable Law. Within two (2) Work Days of a request from
2247 the Agreement Administrator, Contractor must provide City a copy of its vehicle maintenance log and any
2248 safety compliance report, including, but not limited to, any report issued under California Vehicle Code
2249 sections 34500 and following, as well as the biennial
2250 Patrol.
FINAL AGREEMENT Page 64 of 183
2251 18.07 Safety Markings. All Collection equipment used by Contractor must have appropriate safety
2252 markings including, but not limited to, highway lighting, flashing and warning lights, clearance lights, and
2253 warning flags. All such safety markings must be in accordance with the requirements of the California Vehicle
2254 Code, as may be amended from time to time.
2255 18.08 Vehicle Signage and Painting. Collection Vehicles must be painted and numbered without
2256 repetition and must have Contractor's name, Contra
2257 number of the vehicle painted in letters of contrasting color, at least four (4) inches high, on each side and
2258 the rear of each vehicle. All Collect Servicing the City of Santa Clarita
2259 Seal. No advertising is permitted other than the name
2260 of Contractor, its logo and registered service marks, except promotional advertisement of the Recyclable
2261 Materials and Organic Waste programs, which is encouraged. City to approve any promotional material of
2262 the Recyclable Materials and Organic Waste Programs
2263 Vehicles and may require such promotion to be utilized from time to time in order to encourage correct
2264 recycling, reduce contamination, and provide relevant education. Contractor must repaint all vehicles
2265 (including vehicles striping) during the term of this Agreement on a frequency as necessary to maintain a
2266 positive public image as reasonably determined by the Agreement Administrator, but not less often than
2267 once every five years beginning July 1, 2023.
2268 18.09 Bin and Roll-off Signage, Painting, and Cleaning. All metal bins and Roll-offs of any service
2269 type furnished by Contractor must be either painted or galvanized. All metal or plastic bins and Roll-offs must
2270 rvice telephone number, and the number of the Bin or
2271 Roll-off and must be kept in a clean and sanitary condition. Bins and Roll-offs should be free of dents and
2272 graffiti and newly painted at the start of this Agreement, and painted as needed to maintain an orderly
2273 appearance throughout the term of the Agreement, but not less frequently than once every three years. Bins
2274 and Roll-offs may be subject to periodic, unscheduled inspections by City and determination as to sanitary
2275 condition will be made by City.
2276 18.10 Vehicle Certification. For each Collection Vehicle used in the performance of services
2277 under this Agreement, Contractor must obtain a certificate of compliance (smog check) issued pursuant to
2278 Part 5 of Division 26 of the California Health and Safety Code (Section 43000 and following) and regulations
2279 promulgated thereunder and/or a safety compliance report issued pursuant to Division 14.8 of the California
2280 Vehicle Code (Section 34500 and following) and the regulations promulgated thereunder, as applicable to
2281 the vehicle. Contractor must maintain copies of such certificates and reports and must make such certificates
2282 and reports available for inspection upon request by the Agreement Administrator.
2283 18.10.1 No later than July 1, 2023, Contractor must submit to the Agreement Administrator
2284 Vehicles has passed the California Heavy Duty Vehicle
2285 Inspection. Thereafter, Contractor must cause each
2286 annually in the California Heavy Duty Inspection Program and must, upon request, submit written
2287 verification to City within ten (10) Work Days of the completion of such test. Contractor may not use any
2288 vehicle that does not pass such inspection.
FINAL AGREEMENT Page 65 of 183
2289 18.11 Equipment Maintenance. Contractor must maintain Collection equipment in a clean
2290 condition and in good repair at all times. All parts and systems of the Collection equipment must operate
2291 properly and be maintained in a condition satisfactory to City. Contractor must wash all Collection Vehicles
2292 at least once a week.
2293 18.12 Maintenance Log. Contractor must maintain a maintenance log for all Collection Vehicles.
2294 The log must at all times be accessible to City by physical inspection upon request of Agreement
2295 Administrator, and must show, at a minimum, each vehicle Contractor assigned identification number, date
2296 purchased or initial lease, dates of performance of routine maintenance, dates of performance of any
2297 additional maintenance, and description of additional maintenance performed.
2298 18.13 Equipment Inventory. On or before July 1, 2023 Contractor shall provide to City an
2299 inventory of Collection Vehicles and major equipment used by Contractor for Collection or transportation and
2300 performance of services under this Agreement. The inventory must indicate each Collection Vehicle by
2301 Contractor assigned identification number, DMV license number, the age of the chassis and body, type of
2302 fuel used, the type and capacity of each vehicle, the number of vehicles by type, the date of acquisition, the
2303 decibel rating and the maintenance and rebuild status. Contractor must submit to the Agreement
2304 Administrator, either by fax or e-mail, an updated inventory annually to the City or more often at the request
2305 of the Agreement Administrator. Each inventory must also include the tare weight of each vehicle as
2306 determined by weighing at a certified scale used by Contractor. Each vehicle inventory must be accompanied
2307 by a certification signed by Contractor that all Collection Vehicles meet the requirements of this Agreement.
2308 18.14 Reserve Equipment. Contractor shall have available to it, at all times, reserve Collection
2309 equipment which can be put into service and operation within one (1) hour of any breakdown. Such reserve
2310 equipment must correspond in size and capacity to the equipment used by the Contractor to perform the
2311 contractual duties.
2312 Article 19.
2313 tain an office in the City of Santa Clarita,
2314 California. Such office must be equipped with enough telephones that all Collection Service-related calls
2315 received during normal business hours are answered by an employee within five (5) rings. The office must
2316 have responsible persons in charge during Collection hours and must be open during such normal business
2317 hours, 8:00 a.m. to 5:00 p.m. on Monday through Friday and Saturday during Collection Service hours.
2318 Contractor must provide either a local or toll-free telephone number that connects to the call center described
2319 in Section 19.02, and a telephone answering service or mechanical device to receive Service Recipient
2320 inquiries during those times when the office is closed. Calls received after normal business hours must be
2321 addressed the next Work Day morning.
2322 19.02 Customer Service Call Center. Contractor must maintain a local Customer Service call
2323 center in the City of Santa Clarita. Such office must be equipped with enough telephones that all customer
2324 service-related calls received during normal business hours, 8:00 a.m. to 5:00 p.m. on Monday through
2325 Friday and Saturday during Collection Service hours, are answered by an employee within five (5) rings
FINAL AGREEMENT Page 66 of 183
2326 19.03 Emergency Contact. Contractor must provide the Agreement Administrator with an
2327 emergency phone number where the Contractor can be reached outside of the required office hours.
2328 19.04 Multilingual/TDD Service. Contractor must at all times maintain the capability of responding
2329 to telephone calls in English and such other languages as City may direct. Contractor must at all times
2330 maintain the capability of responding to telephone calls through Telecommunications Device for the Deaf
2331 (TDD) Services.
2332 19.05 Service Recipient Calls. During office hours, Contractor must maintain a telephone
2333 answering system capable of accepting at least five (5) incoming calls at one time. Contractor must record
2334 all calls including any inquiries, service requests and complaints into a customer service log.
2335 19.05.1 All incoming calls will be answered at the local office or call center within 5 rings.
2336
2337 customer service representatives must return Service
2338 Recipient calls. For all messages left before 3:00 p.m
2339 time prior to 5:00 p.m. on the day of
2340 attempted a minimum of one time prior to noon the next Work Day. Contractor must make minimum of three
2341 (3) attempts within one (1) Work Day of the receipt of the call. If Contractor is unable to reach the Service
2342 Recipient on the next Work Day, Contractor must send a postcard, email or text, as indicated by the Service
2343 Recipient to the Service Recipient on the second Work Day after the call was received, indicating that the
2344 Contractor has attempted to return the call.
2345 Article 20. Contractor Support Services
2346 20.01 Sustainability/Compliance Representative. Contractor will hire staff, including at least two
2347 dedicated full-time Sustainability/Compliance Representatives as of the Commencement Date, to conduct
2348 site visits and provide outreach and education in support of meeting Franchise and CalRecycle Diversion
2349 requirements and to meet State mandates associated with AB 939, AB 341, AB 1826, AB 827, AB 1594, SB
2350 1016, and SB 1383, and all amendments and related subsequent legislation. The Sustainability/Compliance
2351 Representatives shall be available as needed to meet with the City and conduct site visits to implement
2352 Recycling and Organics programs in the Service Area at least four days a week throughout the year. City
2353 may request monthly meetings with Contractor to discuss problems or issues such as Collection or Recycling
2354 programs, Billing or Service Recipient service issues, and day to day operations. City and Contractor agree
2355 to meet and confer to reevaluate the ongoing need for two dedicated full-time Sustainability/Compliance
2356 Representatives on or around July 1, 2025 (two years from the Commencement Date).
2357 20.02 Sustainability and Compliance Plan. Contractor, at its own expense, must prepare, submit
2358 and implement an annual (Calendar Year) Sustainabilit
2359 clude measures to meet diversion targets, increase
2360 diversion, and increase participation of Service Recipients in recycling and organics diversion programs, and
2361
2362 ere improvements can be maximized. Planned outreach
2363 and education services, and outreach materials should be included as part of the Plan and updated annually.
FINAL AGREEMENT Page 67 of 183
2364 Targets of outreach should be based on local trends and recycling patterns from data obtained by both the
2365 City and Contractor. Contractor will maintain current and state-of-the-art public outreach and education
2366 services throughout the term of this Agreement by providing outreach materials to Service Recipients
2367 electronically (via email and social media). Contractor must submit first year draft Plan to the City prior to
2368 the Commencement Date and by August 1st each year thereafter for the term of the Agreement. City review
2369 and provide revisions to draft Plan within thirty (30) days of receipt. Contractor must revise and submit final
2370 Plan to City by April 1, 2023 for first year and thence by November 1st each year thereafter for the term of
2371 t 10. Contractor will be required to expend at least
2372 seventy-five thousand dollars ($75,000) per year (as adjusted annually by the CPI Adjustment), for the
2373 development of the Plan and its implementation, which may not include personnel costs associated with the
2374 Sustainability/Compliance Representative. The Sustainability and Compliance Plan must include the
2375 following:
2376 20.02.1 City-Specific Website. Contractor shall maintain a City-specific website that fully
2377 the diversion options available, and allows Service
2378 Recipients to submit service changes, inquiries, complaints or queries. The website must describe and
2379 promote the use of the available Recyclable Material
2380 must provide information srams. Contractor will ensure that information provided
2381 on the website is maintained and up-to-date. Content will include proper container set out, educational
2382 materials, newsletters and program descriptions.
2383 20.02.2 Recycling Resources. Contractor shall maintain accurate list of recyclable
2384 materials on its website, and promote proper recycling to all Service Recipients. Contractor shall consult,
2385 collaborate, and coordinate its recycling outreach and educational materials and activities with the City and
2386
2387 20.02.3 School Education and Outreach. Contractor shall develop and utilize a program to
2388 educate on proper recycling that offers tools to assist with proper recycling for all ages. Educational
2389 information should include brochures, school resources su
2390 posters, myth busters, and recycling art activities. Contractor shall develop and distribute educational
2391 material, and conduct onsite outreach annually to all school campuses in the franchise area. Materials must
2392 be approved by City before distribution. Examples include: Recyclable Materials list, Recycling tips, battery
2393 and bulb education, Food Waste collection and donation, and HHW education. Educational material shall
th
2394 be distributed to campuses by mail and/or in person on or before September 30annually, and site visits
th
2395 must be completed by November 30.
2396 20.02.4 MORe Compliance Notices. Contractor shall send Mandatory Organics Recycling
2397 (MORe) compliance notices quarterly to all eligible Commercial entities and MFDs/MXDs that do not
2398 subscribe to Organic Waste Collection Service with the Contractor, and/or do not provide an alternate
2399 method for Diverting Organic Waste, in conformance with SB 1383 and AB 1826. These notices shall also
2400 notify businesses of requirements under AB 827. Contractor shall mail notifications quarterly on or before
2401 the last day of the month following the end of the quarter.
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2402 20.02.5 MCR Compliance Notices. Contractor shall send Mandatory Commercial
2403 Recycling (MCR) compliance notices quarterly to all
2404 subscribe to recycling collection service with the Contractor, and/or do not provide an alternate method for
2405 diverting recyclable materials, in conformance with AB 341. These notices shall also notify businesses of
2406 requirements under AB 827. Contractor shall mail notifications quarterly on or before the last day of the
2407 month following the end of the quarter.
2408 20.02.6 MORe Site Visits. Contractor shall conduct site visits to all eligible Commercial
2409 entities and MFDs/MXDs once per year for the first three years and thereafter every other year for
2410 businesses that subscribe to Organics Collection Service and every year for businesses that do not
2411 subscribe to organics collection service in conformance with SB 1383 and AB 1826. Contractor shall
th
2412 conduct visits on or before June 30.
2413 20.02.7 MCR Site Visits. Contractor shall conduct site visits to all eligible Commercial
2414 entities and MFDs/MXDs once per year for the first three years and thereafter every other year for
2415 businesses that subscribe to Recycling Collection Service and every year for businesses do not subscribe
th
2416 to Recycling Collection Service with the Contractor. Contractor shall conduct visits on or before June 30.
2417 20.02.8 Waste Audits. Contractor shall complete Recycling and Solid Waste audits for
2418 twenty (20) Commercial or MXD Service Recipients per month and provide recommendations to customers
2419 on how to improve overall resource efficiency.
2420 20.02.9 Compliance Reporting. Contractor shall report contaminations and overage
2421
2422 20.02.10 Right-sizing Containers. Contractor must right-size Collection Containers
2423 to maximize diversion from SFD, MFD, MXD and Commercial Service Recipients.
2424 20.02.11 Education and Outreach Materials. Contractor must implement public
2425 education and outreach in conformance with applicable laws (e.g., SB 1383, AB 1826, AB 827, AB 939, AB
2426 341, AB 1594, etc.) and in coordination with the City. Contractor shall attend public events and host booths
2427 to promote recycling education and awareness. Contractor will work with City to identify which special
2428 events will be attended. Contractor, together with City, shall work with local media to ensure information on
2429 new programs, events, recycling, organics etc. is communicated to the community. Contractor shall use a
2430 variety of options such as local paper, news, websites, social media, Homeowners Associations, schools
2431 and civic groups to distribute information and education about City solid waste and recycling programs, and
2432 events. Contractor shall distribute educational material to Service Recipients a minimum of once a quarter
2433 by mail or electronically. These materials should include tips on recycling properly, use of organics
2434 containers, composting, battery and electronics education, prevention of contamination issues, proper
2435 Collection Container placement, resource information, and HHW education.
2436 20.02.12 Service Recipient Personnel Training. Contractor shall advise and
2437 educate appropriate personnel (management, employees, janitors, etc.) at MFD/MXD and Commercial
FINAL AGREEMENT Page 69 of 183
2438 Service Units on methods and recommendations to increase recycling and decrease landfilling including
2439 best practices for recycling, waste reduction and availability and use of in-house recycling containers.
2440 20.02.13 Available Services Notice and Information. At least annually Contractor
2441 must publish and distribute (by mail or electronically) a notice to all Service Units regarding the full range
2442 of services offered. The notice must contain at a minimum (i) definitions of the materials to be Collected,
2443 (ii) procedures for setting out materials, (iii) the days when Garbage Collection Services, Recycling
2444 Services, and Organic Waste Collection Services will be pr local customer service
2445 phone number, (v) instructions on the proper filling of Containers, (vi) instructions as to what materials may
2446 or may not be placed in Recyclable Materials or Organic Waste Containers, (vii) how to select Container
2447 sizes to maximize diversion, (viii) participation in Recycling and Organic Waste programs, (ix) the fees for
2448 overage and Contamination in the event of non-compliance, (x) the availability of on-premises Collection
2449 Services, including the availability of no-charge on-premises Collection Services for qualified persons, (xi)
2450 Large Items Collection Services, (xii) the dates and locations of Neighborhood Cleanup days, and (xiii) the
2451 dates and locations of Free Large Item Drop-off days. The notice must be provided in English, and other
2452 languages as directed by the City, and must be distributed by Contractor no later than February 1st of each
2453 year.
2454
2455 rements by specific diversion program type (SFD,
2456 MFD, Commercial, Recyclable Material, Organic Waste, Bulky Waste, etc.) and must be tied to both specific
2457 and public education programs. This must include an implementation schedule showing the specific
2458 programs and tasks, milestones, and time frames for meeting the diversion requirements.
2459 20.02.15 Tonnage Table. Contractor must provide as part of the Plan, a tonnage
2460 table segregated by SFD, MFD, MXD, Commercial, and Additional Services that estimates tonnages for
2461 Recyclable Material and Organic Waste delivered and processed, and the estimated residual tonnages for
2462 each calendar year of the Franchise Agreement.
2463 20.02.16 Environmental Stewardship. Contractor must describe all environmental
2464 management policies and activities related to the solid waste collection service, including the use of
2465 alternative fuel vehicles, reduction of air emissions and wear and tear on use of recycled
2466 products throughout operations, internal waste reduction and reuse protocol, water and resource
2467 conservation activities within facilities (design, construction and operation), compliance with laws governing
2468 e-waste, HHW, and u-waste, and use of non-toxic products when possible.
2469 20.03 News Media Relations. Contractor will work with local media to ensure information is
2470 communicated to community (new programs, events, recycling information, etc.). Contractor to use options,
2471 such as; local Newspaper, Radio/TV News outlets, Websites and Social Media. Contractor will notify the
2472 Agreement Administrator by e-mail or phone of all requests for news media interviews related to the services
2473 covered under this Franchise Agreement within one (1) receipt of the request.
2474 When practicable, before responding to any inquiries involving controversial issues or any issues likely to
2475 ices, Contractor will discuss
2476 response with the City Agreement Administrator.
FINAL AGREEMENT Page 70 of 183
2477 20.04 Annual Recycling Awards. Contractor will recognize outstanding participation in Recycling
2478 and/or Organic Waste programs by identiftion at a City Council meeting
2479 during each November, beginning November 2024.
2480 20.05 News Media Requests. Contractor will notify the Agreement Administrator by e-mail or
2481 phone of all requests for news media interviews related to the services covered under this Agreement within
2482 t. When practicable, before responding to any inquiries
2483 involving controversial issues or any issues likely to affect participation or Servic
2484 services, Contractor will discuss Cth the Agreement Administrator.
2485 20.05.1 Copies of draft news releases or proposed trade journal articles that use the name
2486 of City or relate to the services provided hereunder must be submitted to the Agreement Administrator for
2487 prior review and approval at least five (5) working days in advance of release, except where Contractor is
2488 required by any law or regulation to submit materials to any regulatory agency in a shorter period of time,
2489 in which case Contractor must submit such materials
2490 such regulatory agency.
2491 20.05.2 Copies of articles resulting from media interviews or news releases that use the
2492 name of City or relate to the services provided hereunder must be provided to the City within five (5) days
2493 after publication.
2494 20.06 Acceptable Materials Labeling. Contractor must affix to each Recycling and Organics
2495 Collection Container a sticker that clearly lists Acceptable materials to be placed in these containers. Stickers
2496 must be replaced annually and include any updates in the list of Acceptable materials (Exhibit 12).
2497 20.07 Mulch or Compost Delivery. At no cost to the City, Contractor must provide City with mulch
2498 at a volume to allow the City to comply with SB
2499 1383. Contractor must deliver mulch or compost materials at a time and location mutually agreeable between
2500 the City and Contractor. Delivered mulch or compost can be in bulk form or bagged.
2501 20.08 Edible Food Recovery Support. At no cost to the City, Contractor must provide support to
2502 ired under SB 1383. Contractor support may include
2503 educating commercial edible food generators, providing records of site visits, conducting education efforts,
2504 and providing lists of food recovery organizations. Contractor will assist the City in conducting Food Waste
2505 and Green Waste surveys and diversion programs by providing accurate and timely service data, conducting
2506 site visits, and distributing materials.
2507 20.09 Programs and Services. Contractor must provide additional educational and outreach
2508 services and programs as requested by City at a price to be mutually agreed upon between the Contractor
2509 and the Agreement Administrator. In the event Contractor and the Agreement Administrator cannot reach a
2510 mutually agreed upon price for the requested service or program, City has the right to procure the service of
2511 other vendors or contractors to provide the requested service.
FINAL AGREEMENT Page 71 of 183
2512 20.10 Operations Plans. Contractor must adhere to the Transition Plan included as Exhibit 5,
2513 Customer Service Plan included as Exhibit 7, and Collection Service Operations Plan included as Exhibit 8
2514 that present the specific collection and processing programs that will be implemented in the City.
2515 Article 21. Emergency Service
2516 21.01 Revised Services During an Emergency. In the event of a major storm, earthquake, fire,
2517 natural disaster, or other such event, the Agreement Administrator may grant the Contractor a variance from
2518 regular routes and schedules, which will not be withheld unreasonably. As soon as practicable after such
2519 event, Contractor must advise the Agreement Administrator when it is anticipated that normal routes and
2520 schedules can be resumed. The Agreement Administrator will make an effort through the local news media
2521 to inform the public when regular services may be resumed. The clean-up from some events may require
2522 that Contractor hire additional equipment, employ additional personnel, or work existing personnel on
2523 overtime hours to clean debris resulting from the event. Contractor will receive additional compensation,
2524 above the normal compensation contained in this Agreement, to cover the costs of rental equipment,
2525 additional personnel, overtime hours and other documented expenses based on the rates set forth in Exhibit
2526 1 provided Contractor has first secured written authorization and approval from City through the Agreement
2527 Administrator. City will be given equal priority and access to resources as with other franchise jurisdictions
2528 held by Contractor or its affiliates.
2529 21.02 Disaster Recovery Support. In the event of a tornado, major storm, earthquake, fire, natural
2530 disaster, or other such event, Contractor agrees to provide disaster recovery support upon request by
2531 Agreement Administrator. This may include additional hauling of debris, special handling such as wrapping
2532 storage of debris where feasible, additional disposal, use
2533 of different transfer and disposal facilities, and documentation of debris type, weight, and diversion.
2534 Contractor should follow protocol laid out in the City
2535 or City Disaster Debris Plans, as applied to solid waste hauling and handling.
2536 Article 22. Record Keeping and Reporting Requirements
2537 22.01 Record Keeping. Notwithstanding Article 47 herein:
2538 22.01.1 Accounting Records. Contractor must maintain full, complete and separate
2539 financial, statistical and accounting records, pertaining to cash, billing, and provisions of all Collection
2540 Services, prepared on an accrual basis in accordance with generally accepted accounting principles. Such
2541 records will be subject to audit, copy, and inspection for the purposes set forth in Section 17.02.3. Gross
2542 receipts derived from provision of the Collection Services, whether such services are performed by
2543 Contractor or by a subcontractor or subcontractors, will be recorded as revenues in the accounts of
2544 Contractor. The Contractor shall keep and preserve, during the Term of this Agreement, and for a period
2545 of not less than four (4) years following expiration or other termination hereof, full, complete and accurate
2546 records, including all cash, billing and disposal records, as indicated in the Agreement.
2547 22.01.1.1 City reserves the right to request audited, reviewed, or compiled
2548 financial statements prepared by an independent Certified Public Accountant, or as may be provided by
FINAL AGREEMENT Page 72 of 183
2549 Contractor or its parent company. In the event that Contractor does not maintain separate financial or
2550 accounting records prepared specifically for services provided under this Agreement, Contractor may use
2551 industry standard allocation methods to provide financial information as applicable to the service provided
2552 under this Agreement.
2553 22.01.2 Agreement Materials Records. Contractor must maintain records of the quantities
2554 of (i) Residential, MFD, MXD and Commercial Solid Waste Collected and disposed under the terms of this
2555 Agreement, (ii) Recyclable Materials, by type, Collected, purchased, processed, sold, donated or given for
2556 no compensation, and residue disposed under the terms of this Agreement, and (iii) Organic Waste by type,
2557 Collected, purchased, processed, sold, donated or given for no compensation, and residue disposed under
2558 the terms of this Agreement
2559 22.01.3 Other Records. Contractor must maintain all other records reasonably related to
2560 provision of Collection Services, whether or not specified in this Agreement.
2561 22.01.4 Report Format. All reports to be submitted in a format approved by the City,
2562 e Reporting System and in a format specified by the
2563 City.
2564 22.02 Quarterly Reporting.
2565 22.02.1 General. Quarterly reports must be submitted no later than 5 p.m. PT on the last
2566 day of the month following the end of Quarter in which the receipts are collected and must be provided
2567 electronically using software acceptable to the City. If the last day of the month falls on a day that City is
2568 closed or a holiday, then the report will be due on the next business day. Failure to submit complete
2569 quarterly reporting by the due date will result in penalties as specified in Exhibit 6.
2570 22.02.2 City Reports. Quarterly reports to City must include:
2571 22.02.2.1 Quarterly Payment Reporting. The payment report must include
2572 s Revenues received during the preceding Quarter, and the calculated
2573 Franchise Fee and Marketing and Sales of Recyclable Materials Payment.
2574 22.02.2.2 Franchised Tonnage and Service Data. Contractor must report the
2575 number of unique SFD and MFD accounts serviced, the number of unique Commercial, MXD, and City
2576 accounts serviced, tonnage of Garbage, Recyclable Materials and Organic Waste collected and processed
2577 for diversion broken down by Container type, Residual amounts from Recycling and Organic Waste
2578 Diversion operations that are landfilled. Quantities should be broken down by SFD, MFD, MXD,
2579 Commercial, and City Service Collection Services. MXD properties must have tonnage assigned
2580 appropriately to Residential and Commercial generators.
2581 22.02.2.3 Overweight Vehicle Reporting. The quarterly report must include
2582 a summary total of all instances of overweight Collection Vehicles. This summary must include the number
2583 of overweight vehicle instances expressed as a percentage of the total number of Collection Vehicle loads
2584 transported during the reported quarter.
FINAL AGREEMENT Page 73 of 183
2585 22.02.2.4 Non-Collection. The quarterly report must include a summary of
2586 each Service Unit receiving a Non-Collection Notice in the previous quarter along with a description for the
2587 Non-Collection Notice.
2588 22.02.2.5 On-hold. The quarterly report must include each Service Unit that
2589 was not billed in the previous quarter due to vacation hold, vacancy etc.
2590 22.02.2.6 Collection Overage Charges. The quarterly report must include
2591 each Service Unit incurring a charge for a Solid Waste Overage in the previous quarter.
2592 22.02.2.7 Contamination Reporting. To the extent required by Applicable
2593 Law, the quarterly report must include a summary of all instances of qualifying contamination under the
2594 procedures in Section 5.08. This summary must include the total number of accounts where contamination
2595 occurred, the total number of Contamination Violation Notices issued by Contractor to Service Recipients,
2596 a list of accounts where such notices occurred, and the total number of instances where Collection
2597 Container size or Collection frequency was increased specifically due to contamination. Within twenty (20)
2598 Work Days of request by City, Contractor will provide copies of the Contamination Violation Notices and
2599 the digital documentation of contamination.
2600 22.02.2.8 Service Recipient Complaint Log. The quarterly report must
2601 include the Service Recipient call log collected from the previous quarter.
2602 22.03 Annual Reporting.
2603 22.03.1 General. An annual report must be submitted no later than 5 p.m. PT on January
stst
2604 31, 2024 and each January 31 thereafter for the previous Calendar Year. If January 31 falls on a day that
2605 City is closed, then the report will be due on the next business day. Annual reports must be submitted
2606 electronically in software acceptable to the City. Failure to submit complete annual reporting by the due
2607 date will result in penalties as specified in Exhibit 6. Annual reports to City must include:
2608 22.03.1.1 Financial Statements. Contractor must submit annual financial
2609 statements for the local operation. Statements need not be reviewed or audited statements.
2610 22.03.1.2 Annual Sustainability and Compliance Report. Contractor must
2611 complete and submit data sections within their Sustainability and Compliance Plan to document education
2612 and outreach conducted, public event participation, school visits, compliance notices mailed, site visits,
2613 waste audits completed, information distributed, and media used, and community events hosted. This must
2614 include public education activities undertaken during the year, including distribution of bill inserts, collection
2615 notification tags, community information and events, tours and other activities related to the provision of
2616 Collection Services, and must discuss the impact of these activities on recycling program participation and
2617 include amounts collected from SFD, MFD, MXD, Commercial, and City Service Units. The report should
2618 include a complete list of all non-exempt commercial
2619
FINAL AGREEMENT Page 74 of 183
2620 outreach efforts at each non-exempt account, and the current level of Recycling and Organics program
2621 participation at each non-exempt account.
2622 22.03.1.3 Summary of Programs. An analysis of any Recycling and Organic
2623 Waste Collection, processing and marketing issues or conditions (such as participation, setouts,
2624 contamination, etc.) and possible solutions, discussed separately for Residential and Commercial
2625 programs.
2626 22.03.1.4 Solid Waste Data. The number of SFD, MFD, MXD, Commercial,
2627 and City Service Units and the number of Collection Containers distributed by size and Service Unit type.
2628 22.03.1.5 Waste Characterization Data. A breakdown of Solid Waste
2629 (Garbage, Recycling, and Organics) by material type as per CalRecycle material classifications.
2630 22.03.1.6 Recycling Data. Gross tons Collected daily on average by material
2631 type by route for SFD, MFD, MXD, Commercial, and City Recycling service, with map of routes. The
2632 average participation rates by quarter relative to the total number of Service Units by Service Unit type.
2633 Indicate, by material type (and grade where appropriate), annual totals of Recyclable Materials processed
2634 including facility name and location, average cost or price received per ton and total recycling cost or
2635 revenue received for the year. Indicate any quantities, by material type, donated or otherwise disbursed
2636 without compensation. Indicate number of Recycling Collection Containers distributed by size and Service
2637 Unit type. Also provide annual totals and location for residue disposed.
2638 22.03.1.7 Organic Waste Data. Include average daily gross tons Collected
2639 by route, separated by Green Waste and Food Waste, with map of routes. Include the total number of
2640 generators that receive each type of Organic Waste Collection Service provided by the Contractor. Indicate
2641 average daily number of set-outs by route. Indicate average participation rates relative to the total number
2642 of Service Units in terms of weekly set-out counts. Indicate number of Organic Waste Collection Containers
2643 distributed by size and Service Unit type. Indicate, by material type, annual totals of Organic Materials
2644 processed including facility name and location, average cost or price received per ton and total organics
2645 cost or revenue received for the year. Provide totals and location for Residue Disposed. Include the number
2646 of route reviews conducted for prohibited contaminants and the number of Non-Collection Notices issued
2647 to Service Recipients.
2648 22.03.1.8 Customer Service Log. A copy of the customer service log,
2649 including a summary of the type and number of complaints and their resolution. Copies of a written record
2650 of all calls related to missed pickups and responses to such calls.
2651 22.03.1.9 Customer Service Information
2652 recent Customer Service Information Sheet (i.e., custom
2653 Clarita, or the equivalent information used by customer service representatives.
2654 22.03.1.10 Overweight Vehicle Data. A summary of all instances of
2655 overweight Collection Vehicles. This summary must also include the number of overweight vehicle
FINAL AGREEMENT Page 75 of 183
2656 instances as a percentage of the total number of Collection Vehicle loads transported during the Calendar
2657 Year.
2658 22.03.1.11 Summary Narrative. A summary narrative of problems
2659 encountered with Collection and processing activities and actions taken. Indicate type and number of Non-
2660 Collection Notices left at Service Recipient locations. Indicate instances of property damage or injury,
2661 significant changes in operation, market factors, publicity conducted, needs for publicity. Include description
2662 of processed material loads rejected for sale, reason for rejection and disposition of load after rejection.
2663 22.03.1.12 Collection Container and Vehicle Inventory. An updated complete
2664 inventory of Collection Containers by type and size, and an updated complete inventory of Collection
2665 Vehicles including for each vehicle: truck number, route number, date purchased, vehicle type, tare weight,
2666 license plate number, fuel type and vehicle make and model.
2667 22.03.1.13 Diversion Rate. Contractor must provide documentation
2668 acceptable to City in its reasonable judgment st
2669 Diversion Rate, as calculated in accordance with the provisions of Article 8. Any tonnages diverted and
2670 disposed from large venues and events during the reporting period will be counted towards the calculated
2671 diversion rate.
2672 22.03.1.14 AB 341, AB 1826, and SB 1383 Compliance Data. Contractor
2673 must report the total number of Commercial and MFD/MXD Service Units serviced and the number of
2674 containers, container sizes and frequency of collection for Garbage, Recyclable Materials and Organic
2675 Waste for each non-exempt Commercial and MFD/MXD Service Unit. Contractor must also provide the
2676 following information separately for both AB 341 and AB 1826:
2677 22.03.1.15 The total number of non-exempt Commercial, MFD, and MXD
2678 Service Units that fall under the AB 341 or AB 1826 thresholds, and the total number of those non-exempt
2679 Commercial, MFD, and MXD Service Units that are not subscribed to Commercial, MFD, or MXD Recycling
2680 Collection Service or Commercial, MFD, or MXD Organics Collection Service.
2681 22.03.1.16 A summary of the type of follow-up outreach that was provided to
2682 those non-exempt Commercial, MFD, and MXD Service Units that are not subscribed to Commercial, MFD,
2683 or MXD Recycling Collection Service or Commercial, MFD, or MXD Organics Collection Service.
2684 22.03.1.17 Contractor shall provide proof of training records for Service
2685 Recipient personnel, emergency procedures, Customer Service Courtesy, and how to recognize Illicit
2686 Discharges and stormwater pollution sources.
2687 22.04 Diversion Calculation and Data. By 5 p.m. PT on February 14, 2024 and annually thereafter
2688 during the term of this Agreement, Contractor must deliver to City, in the format specified by City, the
2689 in accordance with the provisions of Article 8. Any
2690 tonnages Diverted and disposed from large venues and events during the reporting period will be counted
2691 towards the calculated Diversion rate.
FINAL AGREEMENT Page 76 of 183
2692 22.05 CalRecycle Reports. Contractor will provide reasonable assistance to City in preparing
2693
2694 required data for preparation of the reports, and completing all required data input in the Waste Reporting
2695 System.
2696 22.05.1 In the event that CalRecycle requires City to report an Implementation Schedule
2697 to comply with AB 341, AB 1826, SB 1383, SB 1594 and other Applicable Laws, Contractor will provide
2698 assistance to City in preparing a report, including
2699 compliance with AB 341, AB 1826, SB 1383, and other Applicable Laws and how Recyclable Materials or
2700 Organic Waste are collected, a description of the geographic area, routes, list of addresses served and a
2701 method for tracking contamination, copies of route audits, copies of notice of contamination, copies of
2702 notices, violations, education and enforcement actions issued, and copies of educational materials, flyers,
2703 brochures, newsletters, website, and social media.
2704 22.06 Waste Characterization Audit. Contractor must conduct statistically-valid waste audits of
2705 once annually, including Recycling, Garbage, and
2706 Organic Waste, and provide characterization data to the City as part of its Annual Report (Section 22.03).
2707 Material types and guidance should follow CalRecycle requirements and/or recommendations.
2708 22.07 Additional Reporting. Contractor must furnish City with any additional reports as may
2709 reasonably be required, such reports to be prepared within a reasonable time following the reporting period.
2710 Article 23. Nondiscrimination
2711 23.01 Nondiscrimination. In the performance of all work and services under this Agreement,
2712 Contractor may not discriminate against any person
2713 identity, color, national origin, religion, marital status or sexual orientation. Contractor must comply with all
2714 applicable local, State and Federal laws and regulations regarding nondiscrimination, including those
2715 prohibiting discrimination in employment.
2716 Article 24. Service Inquiries and Complaints
2717 All service inquiries and complaints will be directed to
2718 Contractor. A representative of Contractor must be available to receive the complaints during normal
2719 business hours. Contractor is requirice Center (RSC) or any customer
2720 Relationship Management System put in place by the City in the future for handling of customer complaints
2721 received by the City for hauling, illegal dumping, and any other services under this Agreement. Contractor
2722 must participate in mandatory RSC training before using system and at least annually thereafter. Customer
2723 Service training shall include Service Recipient courtesy, shall prohibit the use of loud or profane language,
2724 and shall instruct Collection crews to perform the work quietly. Contractor shall use its best efforts to assure
2725 that all employees present a neat appearance and conduct themselves in a courteous manner. All service
2726 complaints will be handled by Contractor in a prompt and efficient manner. RSC cases must be addressed
2727 and resolved within three (3) Work Days. In the case of a dispute between Contractor and a Service
2728 Recipient, the matter will be reviewed, and a decision made by the Agreement Administrator.
FINAL AGREEMENT Page 77 of 183
2729 24.01.1 Contractor will utilize the Customer Service Log to maintain a record of all inquiries
2730 and complaints in a manner prescribed by City.
2731 24.01.2 For those complaints related to missed Collections, where Containers are properly
2732 and timely set out, that are received by 12:00 noon on a Work Day, Contractor will return to the Service
2733 Unit address and Collect the missed materials before leaving the Service Area for the day. For those
2734 complaints related to missed Collections that are received after 12:00 noon on a Work Day, Contractor will
2735 have until the end of the following Work Day to resolve the complaint. For those complaints related to repair
2736 or replacement of Collection Containers, the appropriate Sections of this Agreement will apply.
2737 24.01.3 Contractor agrees that it is in the best interest of City that all Garbage, Recyclable
2738 Materials, and Organic Waste be collected on the scheduled Collection day. Accordingly, missed
2739 Collections will normally be Collected as set forth above regardless of the reason that the Collection was
2740 missed. However, in the event a Service Recipient requests missed Collection service more than two (2)
2741 times in any consecutive two (2) month period the Agreement Administrator will work with Contractor to
2742 determine an appropriate resolution to that situation. In the event Contractor believes any complaint to be
2743 without merit, Contractor will notify the Agreement Administrator, by e-mail. The Agreement Administrator
2744 will investigate all disputed complaints and render a decision.
2745 lephone numbers must be accessible by a
2746 local (City) phone number or toll-free number. The serv
2747 he White Pages and available through an online search
2748
2749 Article 25. Quality of Performance of Contractor
2750 25.01 Intent. Contractor acknowledges and agrees
2751 into this Agreement is to ensure that the Collection Services are of the highest caliber, that Service Recipient
2752 satisfaction remains at the highest level, that maximum diversion levels are achieved, and that materials
2753 Collected are put to the highest and best use to the extent possible.
2754 25.02 Administrative Charges and Penalties. Quality performance by the Contractor is of primary
2755 importance. In respect of this, Contractor agrees to pay City administrative charges and penalties as detailed
2756 in Exhibit 6 should Contractor fail to meet its responsibilities under this Agreement. Should Contractor be in
2757 breach of the requirements set forth in this Agreement, it is mutually understood and agreed that the public
2758 will necessarily suffer damages and that such damages, from the nature of the default in performance will
2759 be extremely difficult and impractical to fix. City finds, and the Contractor agrees, that as of the time of the
2760 execution of this Agreement, it is impractical, if not impossible, to reasonably ascertain the extent of damages
2761 which will be incurred by City as a result of a breach by Contractor of its obligations under this Agreement.
2762 The factors relating to the impracticability of ascertaining damages include, but are not limited to, the fact
2763 that: (i) substantial damage results to members of the public who are denied services or denied quality or
2764 reliable service; (ii) such breaches cause inconvenience, anxiety, frustration and deprivation of the benefits
2765 of this Agreement to individual members of the general public for whose benefit this Agreement exists, in
2766 subjective ways and in varying degrees of intensity which are incapable of measurement in precise monetary
FINAL AGREEMENT Page 78 of 183
2767 terms; (iii) services might be available at substantially lower costs than alternative services, and the monetary
2768 loss resulting from denial of services or denial of quality or reliable services is impossible to calculate in
2769 precise monetary terms; and (iv) the termination of this Agreement for such breaches, and other remedies
2770 are, at best, a means of future correction and not remedies which make the public whole for past breaches.
2771 25.03 Procedure for Review of Administrative Charges. The Agreement Administrator may
2772 assess administrative charges and penalties as specified in Exhibit 6 pursuant to this Agreement quarterly.
2773 At the end of each quarter during the term of this Agreement, the Agreement Administrator will issue a written
2774 ges assessed and the basis for each
2775 assessment.
2776 25.03.1 The assessment will become final unless, within ten (10) calendar days of the date
2777 of the notice of assessment, Contractor provides a written request for a meeting with the City Manager to
2778 present evidence that the assessment should not be made.
2779 25.03.2 The Agreement Administrator will schedule a meeting between Contractor and the
2780 City Manager as soon as reasonably possible afte
2781
2782 sustaining or reversing the administrative charges as soon as reasonably possible after the meeting. Written
2783 notice of the decision will be provided to Contractor.
2784 25.03.4 In the event Contractor does not submit a written request for a meeting within ten
2785 (10) calendar days of the date of the Notice of
2786 will be final.
2787 strative charges will not prevent City from
2788 exercising any other right or remedy, including the right
2789 to perform the work and services in the manner set forth in this Agreement.
2790 25.04 Uncontrollable Circumstances.
2791 25.04.1 If either party is prevented from or delayed in performing its duties under this
2792 Agreement by circumstances beyond its control, whether or not foreseeable, including, without limitation,
2793 acts of terrorism, landslides, lightning, forest fires, storms, floods, severe weather, freezing, earthquakes,
2794 other natural disasters, the threat of such natural disasters, pandemics (or threat of same), quarantines,
2795 civil disturbances, acts of the public enemy, wars, blockades, public riots, strikes, lockouts, or other labor
2796 disturbances, acts of government or governmental restraint or other causes, whether of the kind
2797 enumerated or otherwise, that are not reasonably within the control of the affected party, then the affected
2798 party will be excused from performance hereunder during the period of such disability.
2799 25.04.2 The party claiming excuse from performance must promptly notify the other party
2800 when it learns of the existence of such cause, including the facts constituting such cause, and when such
2801 cause has terminated.
FINAL AGREEMENT Page 79 of 183
2802 25.04.3 The interruption or discontinuance of services by a party caused by circumstances
2803 outside of its control will not constitute a default under this Agreement.
2804 Article 26. Performance Bond
2805 26.01 Performance Bond. Within ten (10) Business Days from the date the City Council approves
2806 this Agreement, Contractor must furnish to City, and keep current, a performance bond, for the faithful
2807 performance of this Agreement and all obligations arising hereunder in an amount as follows:
2808 26.01.1 From July 1, 2023 and so long as this Agreement or any extension thereof remains
2809 in force, Contractor must maintain a performance bond in the amount of two million dollars ($2,000,000).
2810 26.01.1.1 The performance bond must be executed by a surety company
2811 licensed to do business in the State of California; having an "A-" or better rating by A. M. Best or Standard
2812 approved by the Treasurer of the United States.
2813 26.01.1.2 In the event City draws on the bond, all of Ci
2814 and enforcement of the Bond, including reasonable atto
2815 26.01.1.3 The Performance Bond must be renewed annually for the entire
2816 term of the Agreement and evidence must be provided to City annually͵
2817 Article 27. Insurance
2818 27.01 Insurance Policies. Contractor must secure and maintain throughout the term of this
2819 Agreement insurance against claims for injuries to persons or damages to property which may arise from or
2820
2821 performance of work or services includes performancs, agents, representatives
2822 and subcontractors.
2823 27.02 Minimum Scope of Insurance. Insurance coverage must be at least this broad:
2824 27.02.1 Insurance Services Office Form No. GL 0002 (Ed. 1/96) covering Comprehensive
2825 General Liability and Insurance Services Office Form No. GL 0404 covering Broad Form Comprehensive
2826 General Liability; or Insurance Services Office Commercial General Li
2827 CG 0001), including X, C, U where applicable.
2828 27.02.2 Insurance Services Office Form No.CA 0001 (Ed. 12/93) covering Automobile
2829
2830
2831 required by the California Labor Code and
2832 Employers Liability Insurance.
FINAL AGREEMENT Page 80 of 183
2833 27.02.4 Environmental Pollution Liability Insurance.
2834 27.03 Minimum Limits of Insurance. Contractor must maintain insurance limits no less than:
2835 27.03.1 Comprehensive General Liability: $3,000,000 combined single limit per occurrence
2836 for bodily injury, personal injury and property damage. If Commercial General Liability insurance with a
2837 general aggregate limit is used, either the general aggregate limit will apply separately to this Agreement
2838 or the general aggregate limit must be $5,000,000.
2839 27.03.2 Automobile Liability: $10,000,000 combined single limit per accident for bodily
2840 injury and property damage.
2841 sation and Employers Liability: Wo
2842 required by the California Labor Code and Employers Liability limits of $1,000,000 per accident.
2843 27.03.4 Environmental Pollution Liability: $3,000,000 per occurrence and $5,000,000
2844 aggregate, with five (5) years tail coverage. Coverage shall include bodily injury or property damage arising
2845 out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of
2846
2847 27.03.5 If Consultant maintains higher limits than the minimum shown above, the City
2848 requires and shall be entitled to coverage for the higher limits maintained by the Service Provider. Any
2849 available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be
2850 available to the City.
2851 27.04 Deductibles and Self-Insured Retention. Any deductibles or self-insured retention must be
2852 easonable belief that Contractor may be unable to pay
2853 any deductibles or self-insured retentions, Contractor must procure a bond guaranteeing payment of losses
2854 and related investigations, claim administration and defense
2855 manager.
2856 27.05 Endorsements. The policies are to contain, or be endorsed to contain, the following
2857 provisions:
2858 27.05.1 General Liability, Automobile and Environmental Liability Coverage.
2859 27.05.1.1 City, its officers, employees, agents and contractors are to be
2860 covered as additional insureds as respects: Liability arising out of activities performed by, or on behalf of,
2861 Contractor; products and completed operations of Contractor; premises owned, leased or used by
2862 Contractor; and automobiles owned, leased, hired or borrowed by Contractor. The coverage must contain
2863 no special limitations on the scope of protection afforded to City, its officers, employees, agents and
2864 contractors.
2865
2866 respects City, its officers, employees, agents and contractors. Any insurance, or self-insurance maintained
FINAL AGREEMENT Page 81 of 183
2867 by City, its officers, employees, agents or contractors will be in excess of
2868 not contribute with it.
2869 27.05.1.3 Any failure to comply with reporting provisions of the policies will
2870 not affect coverage provided to City, its officers, employees, agents, or contractors.
2871 27.05.1.4 Coverage must State that
2872 separately to each insured against whom claim is made or suit is brought, except with respect to the limits
2873
2874 27.05.2 All Coverage. Each insurance policy required by this Agreement must be endorsed
2875 to State that coverage may not be canceled except after thirty (30) calendar days (ten (10) days in the event
2876 of cancellation for non-payment) prior written notice has been given to City. Moreover, Contractor will not
2877 order the cancellation of any required insurance policy or change in insurance policy limits without thirty
2878 (30) days prior written notice to City by Contractor.
2879 27.06 Acceptability of Insurers. Insurance is to be placed with insurers having an A.M. Best rating
2880 of A-/VII or better.
2881 27.07 Verification of Coverage. Contractor must furnish City with certificates of insurance and
2882 with original endorsements affecting coverage required by this Agreement. The certificates and endorsement
2883 for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its
2884 behalf. Contractor must furnish City with a new certificate of insurance and endorsements on each renewal
2885 of coverage or change of insurers.
2886 27.07.1 Proof of insurance must be mailed to the following address or any subsequent
2887 address as may be directed by the City:
2888 City of Santa Clarita Neighborhood Services Department
2889 Attn: Environmental Services Manager
2890 23920 Valencia Blvd., Suite 102
2891 Santa Clarita, CA 91355
2892 27.08 Subcontractors. Contractor must include all subcontractors performing services in the City
2893 as insureds under its policies or subcontractors must obtain separate certificates and endorsements.
2894 27.09 Modification of Insurance Requirements. The insurance requirements provided in this
2895 anager, in writing, upon the request of Contractor if
2896 iver is in the best interest of City considering all
2897 relevant factors, including exposure to City.
2898 27.10 Rights of Subrogation. All required insurance policies must preclude any underwriter's
2899 rights of recovery or subrogation against City with res
2900 its obligations under this Agreement, with the express intention of the parties being that the required
2901 insurance coverage protects both parties as the primary coverage for any and all losses covered by the
FINAL AGREEMENT Page 82 of 183
2902 above-described insurance. Contractor must ensure that any companies issuing insurance to cover the
2903 requirements contained in this Agreement agree that they will have no recourse against City for payment or
2904 assessments in any form on any policy
2905 it appears in any policy of insurance in which City is
2906 named as an additional insured will not apply to City.
2907 27.11 Failure to maintain insurance. Should Contractor fail to obtain or maintain insurance as
2908 required by this Agreement, Contractor shall have seven (7) days to cure the defect, during which time
2909 City shall have the option, but not the obligation to, at Contractor's sole expense: (i) hire replacement waste
2910 hauler services to perform Contractor's tasks until insurance coverage is resumed; or (ii) obtain replacement
2911 insurance coverage during said cure period. Should Contractor fail to correct this defect, City shall have the
2912 option to terminate this Agreement immediately.
2913 Article 28. Hold Harmless and Indemnification
2914 28.01 Hold Harmless for Consultant's Damages. Contractor holds City, its elected officials,
2915 officers, agents, employees, and volunteers harmless fr
2916 judgments, damages, losses, injuries or liability to Cont
2917 contractors or subcontractors, or to the owners of
2918 liability occur during the work or services required under this Agreement, or performance of any activity or
2919 work required under this Agreement.
2920 28.02 Defense and Indemnity of Third Party Claims/Liability. Contractor shall indemnify, defend
2921 with legal counsel approved by City, and hold harmless City, its officers, officials, employees, and volunteers
2922 from and against all liability including, but not limited to, loss, damage, expense, cost (including without
2923 limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature
2924 gligence, recklessness, or willful misconduct in the
2925 performance of work hereunder or its failure to comply with any of its obligations contained in the Agreement,
2926 except such loss or damage which is caused by the active negligence or willful misconduct of City. Should
2927 conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or
2928 should City otherwise find Contractorontractor shall reimburse City its
2929 costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs
2930 and fees of litigation. The Contractor shall promptly pay City any final judgment rendered against City (and
2931 its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have
2932 wrongful performance. It is expressly understood and
2933 agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of
2934 the State of California and will survive termination of this Agreement.
2935 ction apply regardless of whether or not such
2936 claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine
2937 or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the
2938 rights of City under any provision of this Agreement, Contractor shall not be required to indemnify and hold
2939 harmless City for liability attributable to the active negligence of City, provided such active negligence is
2940 determined by agreement between the parties or by findings of a court of competent jurisdiction. In
FINAL AGREEMENT Page 83 of 183
2941 instances where City is shown to have been actively
2942 for only a percentage of the liability involved, the obligation of the Contractor will be for that entire portion
2943 or percentage of liability not attributable to the active negligence of City.
2944 28.03 Nonwaiver. City does not waive, nor shall be deemed to have waived, any indemnity,
2945 defense or hold harmless rights under this Section because of the acceptance by City, or the deposit with
2946 City, of any insurance certificates or policies described in Article 27.
2947 28.04 Diversion Indemnification. Subject to the requirements of Public Resources Code section
2948 40059.1, which will control in the event of any conflict with the provisions of this Section, Contractor agrees
2949 to protect and defend City Indemnitees with counsel selected by Contractor and approved by City, to pay all
2950 ees harmless from and against all fines or penalties
2951 imposed by the California Integrated Waste Management Board if the diversion goals specified in California
2952 Public Resources Code section 41780, as it may be amended, are not met by City with respect to the
2953 Materials Collected by Contractor and if the lack in meeting such goals are attributable to the failure of
2954 Contractor to implement and operate the recycling or diversion programs or undertake the related activities
2955 required by this Agreement. In the event CalRecycle provides an administrative process to challenge the
2956 imposition of a compliance order or a fine or fines, Contractor will be responsible for engaging any
2957 consultants or attorneys necessary to represent City in any challenge. Contractor will be responsible for the
2958 retention of and payment to any consultants engaged to perform waste generation studies (diversion and
2959 disposal). All consultants and attorneys engaged hereunder are subject to the agreement of City and
2960 Contractor.
2961 28.05 Hazardous Substances Indemnification. Contractor agrees to indemnify, defend (with
2962 counsel reasonably approved by City), protect and hold harmless the City Indemnitees from and against any
2963 and all Claims of any kind whatsoever paid, suffered or incurred by or against the City Indemnitees resulting
2964 from any repair, cleanup, removal action or response action undertaken pursuant to CERCLA, the Health &
2965 Safety Code or other similar Federal, State or local law or regulation, with respect to Solid Waste or
2966 Household Hazardous Waste Collected and Disposed of by Contractor. The foregoing indemnity is intended
2967 to operate as an agreement pursuant to Section 107(e) of CERCLA and Section 25364 of the Health &
2968 Safety Code to defend, protect, hold harmless and indemnify the City Indemnitees from all forms of liability
2969 under CERCLA, the Health & Safety Code or other similar Federal, State or local law or regulation.
2970 28.06 Proposition 218 Release. City intends to comply with all applicable laws concerning the
2971 Maximum Service Rates provided under this Agreement. Upon thorough analysis, the parties have made a
2972 good faith determination that the Maximum Service Rates for the Solid Waste Collection Services provided
2973 under this Agreement are not subject to California Constitution Articles XIIIC and XIIID because, among
2974 other reasons, such services are provided by a private corporation and not by City pursuant to Article 5,
2975 Contractor independently establishes the rates for services within the limits established in this Agreement,
2976 the receipt of services is voluntary and not required of any property within City, and any owner or Service
2977 Recipient of property within City has the opportunity to avoid the services available under this Agreement
2978 either through self-hauling or use of property in such a manner that Solid Waste is not generated.
2979 Accordingly, Contractor agrees to hold harmless and release the City Indemnitees from and against any and
2980 all claims Contractor may have against the City Indemnitees resulting in any form from the Maximum Service
FINAL AGREEMENT Page 84 of 183
2981 Rates provided for under this Agreement or in connection with the application of California Constitution
2982 Article XIIIC and Article XIIID to the imposition, payment or collection of the rates under this Agreement. This
2983 Section will survive the expiration or termination of this Agreement for Claims arising prior to the expiration
2984 or termination of this Agreement.
2985 28.07 Consideration. It is specifically understood and agreed that the consideration inuring to
2986 Contractor for the execution of this Agreement consists of the promises, payments, covenants, rights and
2987 responsibilities contained in this Agreement.
2988 28.08 Obligation. This Agreement obligates Contractor to comply with the foregoing
2989 indemnification and release provisions; however, the collateral obligation of providing insurance must also
2990 be complied with as set forth in this Agreement. The provision of insurance and the coverage limits therein
2991 shall not in any way be a limitation on Contract
2992 28.09 Subcontractors. Contractor must require all subcontractors performing work in the City to
2993 enter into a contract containing the provisions set forth in Section 27.01 in which contract the subcontractor
2994 fully indemnifies City in accordance with this Agreement.
2995 28.10 Exception. Notwithstanding other provisions
2996 indemnify, hold harmless and defend City, its officers and employees will not extend to any loss, liability,
2997 penalty, damage, action or suit arising or resulting solely from acts or omissions constituting active
2998 negligence, willful misconduct, breach of this Agreement, or violation of law on the part of City, its officers or
2999 employees.
3000 ployees or subcontractors cause any injury,
3001 damage or loss to City property, including but not limited to City streets or curbs, excluding normal wear and
3002 of repairing or replacing such injury, damage or loss.
3003 Such reimbursement is not in derogation of any right of City to be indemnified by Contractor for any such
3004 injury, damage or loss. With the prior written approval of City, Contractor may repair the damage at
3005 or loss to private property caused by the negligent
3006 or willful acts or omissions of Contractor to private property must be repaired or replaced by Contractor at
3007 or and its Service Recipients or private property
3008 owners as to damage to private property are civil matters and complaints of damage will be referred to
3009 Contractor as a matter within its sole responsibility and as a matter within the scope of Section 27.01
3010 \[Indemnification\].
3011 Article 29. Default of Agreement
3012 29.01 Termination. City may cancel this Agreement, except as otherwise provided below in this
3013 Section, by giving Contractor thirty (30) calendar days advance written notice, to be served as provided in
3014 this Agreement, upon the happening of any one of the following events:
3015 29.01.1 Contractor takes the benefit of any present or future insolvency statute, or makes
3016 a general assignment for the benefit of creditors, or files a voluntary petition in bankruptcy (court) or a
FINAL AGREEMENT Page 85 of 183
3017 petition or answer seeking an arrangement for its reorganization or the readjustment of its indebtedness
3018 under the Federal bankruptcy laws or under any other law or statute of the United States or any State
3019 thereof, or consent to the appointment of a receiver, trustee or liquidator of all or substantially all of its
3020 property; or
3021 29.01.2 By order or decree of a court, Contractor is adjudged bankrupt or an order is made
3022 approving a petition filed by any of its creditors or by any of the stockholders of Contractor, seeking its
3023 reorganization or the readjustment of its indebtedness under the Federal bankruptcy laws or under any law
3024 or statute of the United States or of any State thereof, provided that if any such judgment or order is stayed
3025 or vacated within sixty (60) calendar days after the entry thereof, any notice of default will be and become
3026 null, void and of no effect; unless such stayed judgment or order is reinstated in which case, such default
3027 will be deemed immediate; or
3028 29.01.3 By, or pursuant to, or under the authority of any legislative act, resolution or rule
3029 or any order or decree of any court or governmental board, agency or officer having jurisdiction, a receiver,
3030 trustee or liquidator takes possession or control of all or substantially all of the property of Contractor, and
3031 such possession or control continues in effect for a period of sixty (60) calendar days; or
3032 29.01.4 Contractor has defaulted, by failing or refusing to pay in a timely manner the
3033 administrative charges or other monies due City and such default is not cured within thirty (30) calendar
3034 days of receipt of written notice by City to do so; or
3035 29.01.5 Contractor has defaulted by allowing any final judgment for the payment of money
3036 owed to City to stand against it unsatisfied and such default is not cured within thirty (30) calendar days of
3037 receipt of written notice by City to do so; or
3038 29.01.6 In the event that the monies due City under Section 29.01.3 above or an unsatisfied
3039 final judgment under Section 29.01.4 above is the subject of a judicial proceeding, Contractor will not be in
3040 default if the sum of money is bonded. All bonds must be in the form acceptable to the City Attorney; or
3041 29.01.7 Contractor has defaulted, by failing or refusing to perform or observe any of the
3042 terms, conditions or covenants in this Agreement, including, but not limited to, the maintenance of a
3043 performance bond in accordance with Article 26, or any of the rules and regulations promulgated by City
3044 pursuant thereto or has wrongfully failed or refused to comply with the instructions of the Agreement
3045 Administrator relative thereto and such default is not cured within thirty (30) calendar days of receipt of
3046 written notice by City to do so, or if by reason of the nature of such default, the same cannot be remedied
3047 within thirty (30) calendar days following receipt by Contractor of written demand from City to do so,
3048 Contractor fails to commence the remedy of such default within such thirty (30) calendar days following
3049 such written notice or having so commenced fails thereafter to continue with diligence the curing thereof
3050 (with Contractor having the burden of proof to demonstrate (a) that the default cannot be cured within thirty
3051 (30) calendar days, and (b) that it is proceeding with diligence to cure such default, and such default will be
3052 cured within a reasonable period of time). However, notwithstanding anything contained herein to the
3053 contrary, for the failure of Contractor to provide Collection Services for a period of three (3) consecutive
3054 Work Days, City may secure Contractor's records on the fourth (4th) Work Day in order to provide interim
FINAL AGREEMENT Page 86 of 183
3055 Collection services until such time as the matter is resolved and Contractor is again able to perform pursuant
3056 to this Agreement; provided, however, if Contractor is unable for any reason or cause to resume
3057 performance at the end of thirty (30) calendar days all liability of City under this Agreement to Contractor
3058 will cease and this Agreement may be terminated by City.
3059 29.02 Violations. Notwithstanding the foregoing and as supplemental and additional means of
3060 termination of this Agreement under this Article, in the event that Contractor's record of performance shows
3061 that Contractor has defaulted in the performance of any of the covenants and conditions required herein to
3062 be kept and performed by Contractor three (3) or more times in any twenty-four (24) month period, and
3063 regardless of whether the Contractor has corrected each individual condition of default, Contractor will be
3064 deemed a "habitual violator", will be deemed to have waived the right to any further notice or grace period
3065 to correct, and all such defaults will be considered cumulative and collectively will constitute a condition of
3066 irredeemable default. City will thereupon issue Contractor a final warning citing the circumstances therefore,
3067 and any single default by Contractor of whatever nature, subsequent to the occurrence of the last of such
3068 cumulative defaults, will be grounds for immediate termination of the Agreement. In the event of any such
3069 subsequent default, City may terminate this Agreement upon giving of written final notice to Contractor, such
3070 cancellation to be effective upon the date specified in City's written notice to Contractor, and all contractual
3071 fees due hereunder plus any and all charges and interest will be payable to such date, and Contractor will
3072 have no further rights hereunder. Immediately upon the specified date in such final notice Contractor must
3073 cease any further performance under this Agreement.
3074 29.03 Effective Date. In the event of any the events specified above, and except as otherwise
3075 provided in such subsections, termination will be effective upon the date specified in City's written notice to
3076 Contractor and upon such date this Agreement will be deemed immediately terminated and upon such
3077 termination, except for payment of services rendered up to and including the date of termination, all liability
3078 of City under this Agreement to Contractor will cease, and City will have the right to call the performance
3079 bond and will be free to negotiate with other contractors for the operation of interim and long-term Collection
3080 Services. Contractor must reimburse City for all direct and indirect costs of providing any interim Collection
3081 Services as a result of Contract
3082 inate this Agreement is cumulative to any other
3083 rights and remedies provided by law or by this Agreement.
3084 29.05 Alternative Service. Should Contractor, for any reason, except the occurrence or existence
3085 of any of the events or conditions set forth in Section 25.04 \[Uncontrollable Circumstances\], refuse or be
3086 unable for a period of more than forty-eight (48) hours, to Collect a material portion or all of the Solid Waste
3087 which it is obligated under this Agreement to Collect, and as a result, Solid Waste should accumulate in City
3088 to such an extent, in such a manner, or for such a time that the City Manager, in the reasonable exercise of
3089 the City Manager's discretion, should find that such accumulation endangers or menaces the public health,
3090 safety or welfare, then City will have the right to Agreement with another Solid Waste enterprise to Collect
3091 any or all Solid Waste which Contractor is obligated to Collect pursuant to this Contract. City must provide
3092 twenty-four (24) hours prior written notice to Contractor during the period of such event, before contracting
3093 with another Solid Waste enterprise to Collect any or all Solid Waste that Contractor would otherwise collect
3094 pursuant to this Agreement for the duration of period during which Contractor is unable to provide such
FINAL AGREEMENT Page 87 of 183
3095 services. In such event, Contractor must undertake commercially reasonable efforts to identify sources from
3096 which such substitute Solid Waste services are immediately available and must reimburse City for all of its
3097 expenses for such substitute services during period in which Contractor is unable to provide Collection
3098 services required by this Agreement.
3099 29.06 Survival of Certain Contractor Obligation. Notwithstanding the termination of this
3100 Agreement by Contractor or Cityndemnify, defend and hold City and City
3101 Indemnitees harmless as provided in this Agreement shall survive termination for five (5) years from the date
3102 of termination. Notwithstanding the termination of this Agreement by Contractor or City, such act shall not
3103 automatically invalidate or cancel any insurance policy, letter of credit, performance bond or similar
3104 instruments provided by Contractor under this Agreement and such policies, letters of credit, performance
3105 bonds and other instruments shall remain in full force and effect for one full year after termination.
3106 Article 30. Modifications to the Agreement
3107 30.01 City-Directed Change. City has the power to make changes in this Agreement to impose
3108 new rules and regulations on Contractor under this Agreement relative to the scope and methods of providing
3109 Collection Services as may from time-to-time be necessary and desirable for the public welfare. The size of
3110 Collection Containers specified herein for Bundled Service are designed to meet the requirements of the
3111
3112 capabilities and capacities of available Materials Recovery Facilities and Organics Waste Processing
3113 Facilities at the start of this Agreement. The capabilities and capacities of such facilities may change during
3114 the term of this Agreement; as such City reserves the right to redirect materials to alternate facilities and
3115 change the designated sizes of Carts and/or Bins in Bundled Services in accordance with any such changes.
3116 City will give the Contractor notice of any proposed change and an opportunity to be heard concerning those
3117 matters, and agrees to adjust Service Rates to reflect additional costs borne by Contractor. The scope and
3118 method of providing Collection Services as referenced herein will be liberally construed to include
3119 procedures, operations and obligations, financial or otherwise, of Contractor. When such modifications are
3120 made to this Agreement, City and Contractor will negotiate in good faith, a reasonable and appropriate
3121 compensation adjustment for any increase or decrease in the services or other obligations required of
3122 Contractor due to any modification in the Agreement under this Article. City and Contractor will not
3123 unreasonably withhold agreement to such compensation adjustment. Should agreement between City and
3124 Contractor on compensation adjustment not be reached within six months of the change request, or other
3125 period as agreed upon by both parties, City and Contractor agree to submit the compensation adjustment
3126 to binding arbitration as described in Section 30.02.
3127 30.01.1 Change in Law. City and Contractor understand and agree that the California
3128 Legislature has the authority to make comprehensive changes in Solid Waste Collection legislation, and
3129 that these and other changes in Applicable Law in the future which mandate certain actions or programs
3130 for counties, municipalities or Contractor may require changes or modifications in some of the terms,
3131 conditions or obligations under this Agreement. Contractor agrees that the terms and provisions of the City
3132 of Santa Clarita Municipal Code, as it now exists or as it may be amended in the future (in a manner not
3133 inconsistent with this Agreement), will apply to all of the provisions of this Agreement and the Service
FINAL AGREEMENT Page 88 of 183
3134 Recipients of Contractor located within the Service Area. In the event any future change in Federal law or
3135 regulations, State or local law of regulation, or the City Code materially alters the obligations of Contractor,
3136 then the affected Maximum Service Rates, as established in Exhibit 1 of this Agreement will be adjusted in
3137 accordance with Section Error! Reference source not found.. Nothing contained in this Agreement will
3138 require any party to perform any act or function contrary to law. City and Contractor agree to enter into good
3139 faith negotiations regarding modifications to this Agreement which may be required in order to implement
3140 changes in the interest of the public welfare or due to Change in Law. When such modifications are made
3141 to this Agreement, City and Contractor will negotiate in good faith, a reasonable and appropriate
3142 compensation adjustment for any increase or decrease in the services or other obligations required of
3143 Contractor due to any Change in Law or modification in the Agreement under this Article. City and
3144 Contractor will not unreasonably withhold agreement to such compensation adjustment. Should agreement
3145 between City and Contractor on compensation adjustment not be reached within six months of the change
3146 request, or other period as agreed upon by both parties, City and Contractor agree to submit the
3147 compensation adjustment to binding arbitration as described in Section 30.02.
3148 30.02 Arbitration. Arbitration shall be conducted by a single arbitrator. If, within twenty (20) days
3149 from the receipt of a request to arbitrate (or such longer period mutually agreed to by the parties), the parties
3150 are unable to agree on an arbitrator, then a single arbitrator shall be appointed pursuant to the Commercial
3151 Arbitration Rules of the American Arbitration Association, which shall govern any arbitration requested under
3152 this provision. Each party shall bear its own costs and expenses of any arbitration. Each party shall pay one-
3153 half of the costs of the arbitrator.
3154 Article 31. Legal Representation
3155 31.01 Acknowledgement. It is acknowledged that each party was, or had the opportunity to be,
3156 represented by counsel in the preparation of and contributed equally to the terms and conditions of this
3157 Agreement and, accordingly, the rule that a contract will be interpreted strictly against the party preparing
3158 the same will not apply due to the joint contributions of both parties.
3159 Article 32. Conflict of Interest
3160 32.01 Financial Interest. Consultant is unaware of any City employee or official that has a
3161 financial interest in Consultant's business. During the term of this Agreement and/or as a result of being
3162 awarded this Agreement, Consultant shall not offer, encourage or accept any financial interest in
3163 Consultant's business by any City employee or official.
3164 Article 33. Contractor's Personnel
3165 33.01 Displaced Employees. Contractor shall offer employment to all qualified displaced
3166 prior Exclusive Solid Waste Franchise Agreement.
3167 Contractors must retain these displaced employees for a period of not less than 90 days, as provided for in
3168 Chapter 4.6, Sections 1070 through 1076 of the California Labor Code. Contractor shall make information
3169 about wage rates, benefits and job classifications of employees available to the City prior to any subsequent
3170 procurement for solid waste collection.
FINAL AGREEMENT Page 89 of 183
3171 33.02 Personnel Requirements. Contractor shall assign only qualified personnel to perform all
3172 services required under this Agreement, and shall be responsible for ensuring its employees comply with
3173 this Agreement and all Applicable Laws related to their employment and position. Contractor's employees,
3174 officers, agents, and subcontractors shall not identify themselves or in any way represent themselves as
3175 being employees or officials of City. City may request the transfer of any employee of Contractor who
3176 materially violates any provision of this Agreement, or who is wanton, negligent, or discourteous in the
3177 performance of their duties under this Agreement.
3178 33.03 Agreement Manager. Contractor shall designate a qualified employee to serve as its
3179 Agreement Manager and must provide the name of that person in writing to City within thirty (30) days prior
3180 to the Commencement Date of this Agreement and annually by January 1st of each subsequent Calendar
3181 Year of this Agreement and any other time the person in that position changes. The Agreement Manager
3182 must be available to the City through the use of telecommunications equipment at all times that Contractor
3183 is providing Collection Services in the Service Area. The Contract Manager must provide City with an
3184 emergency phone number where the Contract Manager can be reached outside of normal business hours.
3185 33.04 Service Supervisor. Contractor shall assign a qualified employee to serve as is Service
3186 Supervisor to be in charge of the Collection Service within the Service Area and must provide the name of
3187 that person in writing to the Agreement Administrator on or before the Commencement Date, and thereafter
3188 annually before January 1st of each subsequent Calendar Year of the Term, and any other time Contractor
3189 changes the employee serving in that position changes. The Service Supervisor must be physically located
3190 in the Service Area and available to the Agreement Administrator through the use of telecommunication
3191 equipment at all times that Contractor is providing Collection Services. In the event the Service Supervisor
3192 is unavailable due to illness or vacation, Contractor must designate an substitute acceptable to the City who
3193 shall be available and shall have the authority to act in the same capacity as the Service Supervisor.
3194 33.05 Key Operations Staff. Contractor shall provide a full-time Key Operations Staff consisting
3195 at a minimum of: one (1) Operations Manager; one (1) Route Supervisor; one (1) Lead Mechanical
3196 Supervisor; and one (1) Service Recipient Service Supervisor 100% dedicated to the City. Each Key
3197 Operations Staff will provide the following to City Staff: email address, phone number, cell phone number
3198 and office address.
3199 33.06 Sustainability/Compliance Staff. In accordance with Section 20.01, Contractor shall provide
3200 full time Sustainability/Compliance Staff, whose primary duties are dedicated to the City.
3201
3202 oyees, who normally come into direct contact with
3203 the public, including drivers, must bear some means of individual photographic identification such as a name
3204 tag or identification card. Each driver of a Collection vehicle must at all times carry a valid California driver's
3205 license and all other required licenses for the type of vehicle that is being operated.
3206 33.08 Labor Certifications. Contractor certifies: (i) it is aware of the provisions of Section 3700 of
3207 the California Labor Code that require every employer to be insured against liability for Workers'
3208 Compensation or to undertake self-insurance in accordance with the provisions of that Code; (ii) in the
FINAL AGREEMENT Page 90 of 183
3209 performance of the Services, Contractor shall not, in any manner, employ any person or contract with any
3210 person so that any part of this Agreement is so performed by such person would be subject to the workers'
3211 compensation laws of the State of California unless and until Contractor gives City a certificate of consent
3212 to self-insure or a certificate of Workers' Compensation Insurance Coverage; and (iii) in the event Contractor
3213 hires any subcontractor who has employees to perform the any part thereof, then Contractor shall either
3214 require the subcontractor to obtain Workers' Compensation Insurance Coverage, or must obtain Workers'
3215 Compensation Insurance Coverage for the subcontractor's employees. Before commencing performance
3216 under this Agreement, Contractor shall provide to the City evidence of any Workers' Compensation
3217 Insurance Coverage required by or for this Agreement, and all such coverage shall be endorsed with a
3218 waiver of subrogation in favor of City for all work performed by Contractor, its employees, its agents, and its
3219 subcontractors.
3220 33.09 Employment & Labor Practices. Contractor shall indemnify and hold harmless City and its
3221 elected officials, officers, employees, servants, designated volunteers, and agents serving as independent
3222 contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of
3223 any nature to the extent arising from Contractor's personnel and labor practices. All duties of Contractor
3224 under this paragraph shall survive termination of this Agreement.
3225 33.10 Subcontractors. Contractor shall not subcontract any portion of this Agreement without the
3226 prior written approval of the City Manager. Contractor is fully responsible to City for the performance of any
3227 and all subcontractors, if any, and shall require any subcontractors to maintain all applicable federal, state,
3228 and local licenses required for the work they are assigned to perform. Contractor shall require any
3229 subcontractors performing work in the City to enter into a written contract that requires such subcontractors
3230 to agree they are independent contractors and have no other agency relationship with City.
3231 Article 34. Exempt Waste
3232 34.01 Contractor is not required to Collect or dispose of Exempt Waste but may offer such
3233 services. All such Collection and disposal of Exempt Waste is not regulated under this Agreement, but if
3234 provided by Contractor must be in strict compliance with all Applicable Laws.
3235 Article 35. Independent Contractor
3236 35.01 In the performance of services pursuant to this Agreement, Contractor is an independent
3237 contractor and not an officer, agent, servant or employee of City. Contractor will have exclusive control of
3238 the details of the services and work performed and over all persons performing such services and work.
3239 Contractor is solely responsible for the acts and omissions of its officers, agents, employees, contractors
3240 and subcontractors, if any. Neither Contractor nor its officers, employees, agents, contractors or
3241 subcontractors will obtain any right to retirement benefits, Workers Compensation benefits, or any other
3242 benefits which accrued to City employees and Contractor expressly waives any claim to such benefits.
3243 35.02 Subcontractors. Contractor will require all subcontractors performing work in the City to
3244 enter into a contract containing the provisions set forth in the preceding subsection in which contract the
FINAL AGREEMENT Page 91 of 183
3245 subcontractor agrees that Contractor and subcontractor are independent contractors and have no other
3246 agency relationship with City.
3247 Article 36. Laws to Govern
3248 36.01 The law of the State of California governs the rights, obligations, duties and liabilities of
3249 City and Contractor under this Agreement and govern the interpretation of this Agreement.
3250 Article 37. Consent to Jurisdiction
3251 37.01 The parties agree that any litigation between City and Contractor concerning or arising out
3252 of this Contract must be filed and maintained exclusively in the Superior Courts of Los Angeles County, State
3253 of California, or in the United States District Court for the Central District of California to the fullest extent
3254 permissible by law. Each party consents to service of process in any manner authorized by California law.
3255 Article 38. Assignment
3256 38.01 No assignment of this Agreement or any right occurring under this Agreement may be
3257 made in whole or in part by Contractor without the express prior written consent of the City. City will have
3258 full discretion to approve or deny, with or without cause, any proposed or actual assignment by the
3259 Contractor. Any assignment of this Agreement made by Contractor without the express written consent of
3260 the City will be null and void and will be grounds for City to declare a default of this Agreement and
3261 immediately terminate this Agreement by giving written notice to Contractor, and upon the date of such
3262 notice Contract will be deemed immediately terminated, and upon such termination all liability of City under
3263 this Contract to Contractor will cease, and City will have the right to call the performance bond and will be
3264 free to negotiate with other contractors, for the services that are the subject of this Agreement. In the event
3265 of any assignment approved by City, the assignee must fully assume all the liabilities of Contractor by way
3266 of an assignment and assumption agreement. Notwithstanding the above, an assignment to an affiliate of
3267 Contractor may be undertaken upon notice to City, but without the requirement for its approval. For purposes
3268 person or legal entity that, directly or indirectly, controls, is controlled
3269 by, or is under common control with Contractor.
3270 38.02 The use of a subcontractor to perform services under this Contract will not constitute
3271 ovided that Contractor has received prior written authorization from the
3272 Agreement Administrator to subcontract such services and the Agreement Administrator has approved a
3273 subcontractor who will perform such services. Contractor will be responsible for directing the work of
3274
3275 sole responsibility of Contractor. The Agreement Administrator will have the right to require the removal of
3276 any approved subcontractor for reasonable cause.
3277 Article 39. Compliance with Laws
3278 39.01 In the performance of this Contractor, Contractor must comply with all Applicable Laws,
3279 including, without limitation, the Santa Clarita Municipal Code.
FINAL AGREEMENT Page 92 of 183
3280 39.02 City shall provide written notice to Contractor of any planned amendment of the Santa
3281 Clarita Municipal Code that would substantially affect the performance of Contract
3282 this Agreement. Such notice must be provided at least th
3283 approval of such an amendment.
3284 Article 40. Permits and Licenses
3285 40.01 Contractor shall obtain, at its own expense, all permits, and licenses required by law or
3286 ordinance and maintain same in full force and effect throughout the term of this Agreement. Contractor must
3287 provide proof of such permits, licenses or approvals and must demonstrate compliance with the terms and
3288 conditions of such permits, licenses and approvals upon the request of the Agreement Administrator.
3289 40.02 The Contractor must have a valid City of Santa Clarita Business Tax Certificate throughout
3290 the term of the Franchise Agreement.
3291 Article 41. Ownership of Written Materials
3292 41.01 Contractor hereby grants City a non-exclusive license as to all reports, documents,
3293 brochures, public education materials, and other similar written, printed, electronic or photographic materials
3294 developed by Contractor at the request of City or as required under this Agreement, and intended for public
3295 use, without limitation or restrictions on the use of such materials by City. Contractor may not use such
3296 materials that specifically reference City for other purposes without the prior written consent of the
3297 Agreement Administrator. This Article 41 does not apply to ideas or concepts described in such materials
3298 and does not apply to the format of such materials.
3299 Article 42. Waiver
3300 42.01 Waiver by City or Contractor of any breach for violation of any term covenant or condition
3301 of this Agreement will not be deemed to be a waiver of any other term, covenant or condition or any
3302 subsequent breach or violation of the same or of any other term, covenant or condition. The subsequent
3303 acceptance by City of any fee, tax, or any other monies which may become due from Contractor to City will
3304 not be deemed to be a waiver by City of any breach for violation of any term, covenant or condition of this
3305 Agreement.
3306 Article 43. Prohibition Against Gifts
3307 43.01 Contractor represents that Contractor
3308 acceptance of any gift by a City officer or designated employee. Contractor may not offer any City officer or
3309 designated employee any gifts prohibited by the City.
3310 Article 44. Point of Contact
3311 44.01 The day-to-day dealings between Contractor and City will be between Contractor and the
3312 Agreement Administrator.
FINAL AGREEMENT Page 93 of 183
3313 Article 45. Notices
3314 45.01 Except as provided in this Agreement, whenever either party desires to give notice to the
3315 other, it must be given by written notice addressed to the party for whom it is intended, at the place last
3316 specified and to the place for giving of notice in compliance with the provisions of this Section. For the
3317 present, the parties designate the following as the respective persons and places for giving of notice:
3318 As to the City:
3319 Environmental Services Manager, Darin Seegmiller
3320 City of Santa Clarita Neighborhood Services Department
3321 23920 Valencia Blvd. Suite 120
3322 Santa Clarita, CA 91355
3323 Telephone: 661-286-4098
3324 email: dseegmiller@santa-clarita.com
3325 As to the Contractor:
3326 Burrtec Waste Industries, Cole Burr
3327 9890 Charry Avenue
3328 Fontana CA 92335
3329 Telephone: 909-429-4200
3330 email: cole@burrtec.com
3331 45.02 Notices will be effective when received at the address as specified above. Changes in the
3332 respective address to which such notice is to be directed may be made by written notice.
3333 45.03 Notice by City to Contractor of a Collection or other Service Recipient problem or complaint
3334 may be given to Contractor orally by telephone at Cont
3335 Contractor through the Customer Service System by the end of the Work Day.
3336 Article 46. Transition to Next Contractor
3337 46.01 In the event Contractor is not awarded an extension or new contract to continue to provide
3338 Collection Services following the expiration or early termination of this Agreement, Contractor will cooperate
3339 fully with City and any subsequent contractors to assure a smooth transition of services described in this
3340 Agreement. Such cooperation will include but not be limited to transfer of computer data, files and tapes;
3341 providing routing information, route maps, vehicle fleet information, and list of Service Recipients; providing
3342 a complete inventory of all Collection Containers; providing adequate labor and equipment to complete
3343 performance of all Collection Services required under this Agreement; taking reasonable actions necessary
3344 to transfer ownership of carts and bins, as appropriate, to City; including transporting such containers to a
3345 location designated by the Agreement Administrator; coordinating Collection of Materials set out in new
3346 containers if new containers are provided for a subsequent Agreements and providing other reports and
3347 data required by this Agreement.
FINAL AGREEMENT Page 94 of 183
3348 Article 47.
3349 47.01 Contractor shall keep and preserve, during the Term of this Agreement, full, complete, and
3350 accurate financial and accounting records, pertaining to cash, billing and disposal transactions for the
3351 franchise area, prepared on an accrual basis in accordance with generally accepted accounting principles.
3352 These records and reports are necessary for the City to properly administer and monitor the Agreement and
3353 to assist the City in meeting the requirements of the Act. The Contractor shall keep and preserve, during the
3354 Term of this Agreement, and for a period of not less than four (4) years following expiration or other
3355 termination hereof or for any longer period required by law, full, complete and accurate records as indicated
3356 in the Agreement.
3357 47.02 Any records or documents required to be maintained pursuant to this Agreement must be
3358 made available for inspection or audit for the purposes set forth in Section 17.02.3, at any time during regular
3359 business hours, upon written request by the Agreement Administrator, the City Attorney, City Auditor, City
3360 Manager, or a designated representative of any of these officers. Copies of such documents will be provided
3361 to City electronically, available to City for inspection at the local Contractor office, or an alternate site if
3362 mutually agreed upon.
3363 47.02.1 Contractor acknowledges that City is legally obligated to comply with the California
3364 ontractor may consider certain records, reports, or
3365 d to provide to City under this
3366 Agreement, to be of a proprietary or confidential nature. In such instances, Contractor will inform City in
3367 writing of which records are considered propriety or confidential and shall identify the statutory exceptions
3368 to disclosure provided under the CPRA that legally permit non-disclosure of the Records. At such time as
3369 City receives a request for records under the CPRA
3370 subpoena or other court order requesting disclosure of the Records, City will notify Contractor of the
3371 ent to provide a response within ten (10) calendar
3372 days. Contractor shall within five (5) calendar days either: (i) consent in writing to the disclosure of the
3373 le cost and expense, the order of a court of competent
3374 jurisdiction staying or enjoining the disclosure of the Records. If Contractor fails to timely respond, then City
3375 may proceed to disclosure the Records in which event Contractor agrees waives and releases City of any
3376 liability for the disclosure of the Records. In the event Contractor seeks a court order to stay or enjoing the
3377 disclosure of the Records, Contractor agrees to indemnify and hold harmless the City, its Council, elected
3378 and appointed board or commission members, officers, employees, volunteers and agents (collectively,
3379 "Indemnitees") from and against any and all loss, liability, penalty, forfeiture, claim, demand, action,
3380 proceeding or suit in law or equity of any and every kind and description, whether judicial, quasi-judicial or
3381 administrative in nature, arising or resulting from or in any way connected with the subject CPRA or FOIA
3382 request for the Records. This Indemnity shall survive the expiration or termination of this Agreement.
3383 47.03 Where City has reason to believe that such records or documents may be lost or discarded
3384 in the event of the dissolution, disbandment or termis, City may, by written
3385 request or demand of any of the above-named officers, require that custody of the records be given to City
3386 and that the records and documents be maintained in City Hall. Access to such records and documents will
FINAL AGREEMENT Page 95 of 183
3387 be granted to any party authorized by C
3388 in-interest.
3389 Article 48. Entire Agreement
3390 48.01 This Agreement and the attached Exhibits constitute the entire Agreement and
3391 understanding between the parties, and the Agreement will not be considered modified, altered, changed or
3392 amended in any respect unless in writing and signed by the parties.
3393 Article 49. Severability
3394 49.01 If any provision of this Agreement or the application of it to any person or situation is to any
3395 extent held invalid or unenforceable, the remainder of this Agreement and the application of such provisions
3396 to persons or situations other than those as to which it is held invalid or unenforceable, will not be affected,
3397 will continue in full force and effect, and will be enforced to the fullest extent permitted by law.
3398 Article 50. Right to Require Performance
3399 50.01 The failure of City at any time to require performance by Contractor of any provision of this
3400 Agreement will in no way affect the right of City thereafter to enforce same. Nor will waiver by City of any
3401 breach of any provision of this Agreement be taken or held to be a waiver of any succeeding breach of such
3402 provision or as a waiver of any provision itself.
3403 Article 51. All Prior Agreements Superseded
3404 51.01 This Agreement incorporates and includes all prior negotiations, correspondence,
3405 conversations, agreements and understandings applicable to the matters contained in this Agreement and
3406 the parties agree that there are no commitments, agreements or understandings concerning the subject
3407 matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation
3408 from the terms of this Agreement will be predicated upon any prior representations or agreements, whether
3409 oral or written.
3410 Article 52. Headings
3411 52.01 Headings in this document are for convenience of reference only and are not to be
3412 considered in any interpretation of this Agreement.
3413 Article 53. Exhibits
3414 53.01 Each Exhibit referred to in this Agreement forms an essential part of this Agreement. Each
3415 such Exhibit is a part of this Agreement, and each is incorporated by this reference. In the event of any
3416 conflicts between this Agreement and the Exhibits, then this Agreement shall take priority.
FINAL AGREEMENT Page 96 of 183
3417 Article 54.
3418 54.01 In the event that litigation is brought by a party in connection with this Agreement, the
3419 prevailing party will be entitled to recover from the opposing party all costs and expenses, including
3420 the prevailing party in the exercise of any of its rights or remedies
3421 under this Agreement or the enforcement of any of the terms, conditions, or provisions of this Agreement.
3422 Article 55. Effective Date
3423 55.01 This Agreement will become effective when it is properly executed by City and Contractor
3424 and Contractor will begin Collection Services under this Agreement as of July 1, 2023.
3425
FINAL AGREEMENT Page 97 of 183
3426 IN WITNESS WHEREOF, City and Contractor have executed this Agreement on the respective
3427 date(s) below each signature.
3428 CITY OF SANTA CLARITA BURRTEC WASTE INDUSTRIES INC.
3429 A General Law City
3430 By: ________________________ By: ________________________
3431 Cole Burr
3432
3433 Title: _______________________ By: _____________________________
3434 President
3435
3436 ATTEST: ____________________ By: __________________________
3437 City Clerk Tracy Burr
3438 APPROVED AS TO FORM
3439 City Attorney _____________________________
3440 Secretary
3441 By: _________________________
3442
FINAL AGREEMENT Page 98 of 183
3443 Exhibit 1
3444 City Approved Service Rates
Single-Family Dwelling Maximum Service Rates
Rate Schedule Effective 7/1/2023
Proposed
Service Descriptions
Billing Frequency
Bundled Rate
Standard Single-Family Automated Cart Service
per month$28.92
(96-Gallon Trash, 96-Gallon Recycling, 96-Gallon Organic Waste)
64-Gallon Single-Family Automated Cart Service
per month$26.19
(64-Gallon Trash, 96-Gallon Recycling, 96-Gallon Organic Waste)
32-Gallon Single-Family Automated Cart Service
per month$24.67
(32-Gallon Trash, 96-Gallon Recycling, 96-Gallon Organic Waste)
Additional Trash Carteach cart$6.12
Restart of Service (Auto-Resume Fee)per occurrence$22.00
Cart Deliveryper occurrence N/C
Cart Removalper occurrence
N/C
Cart Exchangeper occurrence
$18.16
Residential Cart Replacement Feeper occurrence
$78.24
Senior / Low Income Discount (Proposer to provide discount percentage amount)N/A
20.00%
Additional Recycling Cartper month
$3.38
Additional Organics Cartper month
$8.59
Organics Contamination Feeper month
$64.14
3445
3446
FINAL AGREEMENT Page 99 of 183
3447
Multi-Family Dwelling Maximum Service Rates
MFD: Multi-Family Dwelling with Individual Cart Service
Rate Schedule Effective 7/1/2023
NOTE:
All Multi-Family Dwelling Trash Rates include the equivalent of one 96-Gallon recycling cart and one 32-Gallon Organic
Waste cart per unit in the MFD complex as part of the Bundled Trash rates. Any increased or additional collection
service request for Recycling/Organic Waste/Green Waste/Food Waste will be offset by the included bundled cost of
Recycling/Organic Waste/Green Waste/Food Waste.
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ƦĻƩƒƚƓƷŷ υЌЋ͵АБυЎЏ͵ЍЊυАВ͵ЌЋυЊЉЉ͵ВЌυЊЋЊ͵ЌАυЊЍЉ͵АА
ЏЍDğƌƌƚƓ/ğƩƷ
ВЏDğƌƌƚƓ/ğƩƷ ƦĻƩƒƚƓƷŷ υЌА͵ЌЌυЏЎ͵ЎЊυВЋ͵ВАυЊЊВ͵ЊЌυЊЍЍ͵ЊЋυЊЏБ͵ЉА
ЊΉЊ͵Ў/.źƓ ƦĻƩƒƚƓƷŷ υВЍ͵ЏЌυЊЏЊ͵АВυЋЋЏ͵БЍυЋБА͵ВВυЌЍЎ͵ЏЉυЍЉЉ͵ЉЏ
Ћ/.źƓ ƦĻƩƒƚƓƷŷ υЊЉА͵ЍЍυЊБЍ͵ЏЍυЋЎБ͵ЌЌυЌЋВ͵ЊЉυЌВА͵ЊЍυЍЏЋ͵АЍ
Ќ/.źƓ ƦĻƩƒƚƓƷŷ υЊЌЊ͵АЌυЋЋЍ͵АЍυЌЊЎ͵АЊυЍЉЍ͵АЉυЍВЊ͵БЊυЎАА͵ЊА
Ѝ/.źƓ ƦĻƩƒƚƓƷŷ υЊЎЏ͵ЉЊυЋЏЏ͵ЋАυЌАЍ͵ЍАυЍВА͵ВЊυЎБЎ͵ЉБυЏБА͵АЋ
Џ/.źƓ ƦĻƩƒƚƓƷŷ υЋЊЍ͵ЌЏυЌЎЏ͵ЌЋυЍВВ͵ЉЋυЏЌВ͵БЋυААБ͵ЏЍυВЊЎ͵АБ
aǒƌƷźCğƒźƌǤ5ǞĻƌƌźƓŭCƚƚķğƭƷĻhƓƌǤΛźŅğƦƦƌźĭğĬƌĻΜ
ЏЍDğƌƌƚƓ/ğƩƷ ƦĻƩƒƚƓƷŷ υБА͵ЉАυЊЏЊ͵ЌЊυЋЌЊ͵ЍЋυЌЉЊ͵ВЌυЌБЉ͵ЌЌυЍЍЋ͵ЌЌ
ВЏDğƌƌƚƓ/ğƩƷ ƦĻƩƒƚƓƷŷ υЊЊЊ͵ВЉυЋЊЉ͵БАυЌЉЎ͵АЊυЍЉЉ͵ВЏυЎЉЍ͵ЊЉυЎВЉ͵БЌ
ЊΉЊ͵Ў/.źƓ ƦĻƩƒƚƓƷŷ υЋЌЉ͵ЌЉυЍЉА͵ЎБυЎАЍ͵ЊЊυАЌВ͵ЋВυВЉЋ͵БАυЊͲЉЏЏ͵АВ
Ћ/.źƓ ƦĻƩƒƚƓƷŷ υЋБА͵ЎЊυЎЋЏ͵ЎЋυАЍВ͵ВЊυВАЍ͵АЊυЊͲЋЋВ͵ЍЌυЊͲЍЋЋ͵ЉВ
Billing Proposed
Service Descriptions
FrequencyRate
MFD Additional / Other Services
Organics Contamination Feeper occurrence
$78.01
FINAL AGREEMENT Page 100 of 183
Commercial Maximum Service Rates
Rate Schedule Effective 7/1/2023
NOTE:
All Commercial Trash Rates include the equivalent of one 96-Gallon recycling cart and one 32-Gallon Organic Waste cart
per unit as part of the Bundled Trash rates. Any increased or additional collection service request for Recycling/Organic
Waste/Green Waste/Food Waste will be offset by the included bundled cost of Recycling/Organic Waste/Green
Waste/Food Waste.
Collection Frequency
ServiceBilling Frequency
1/week2/week3/week4/week5/week6/week
Commercial Trash (Note: includes 96-Gallon Recycling and 32-Gallon Organic Waste)
υЍЋ͵ЊВυБЋ͵ЏЏυЊЋЌ͵ЊЋυЊЏЌ͵ЋЍυЋЉЌ͵ЌЍυЋЍЌ͵ЍА
64-Gallon Cart per month
υЍБ͵ЌЍυВЍ͵ВБυЊЍЊ͵ЏЊυЊБА͵БВυЋЌЍ͵ЊАυЋБЉ͵ЍЏ
96-Gallon Cart per month
per month υЊЊЏ͵БЉυЋЌЉ͵ЋБυЌЍЌ͵БЉυЍЎЏ͵ЏЋυЎЏВ͵ЍЏυЏБЋ͵ЌЉ
1 / 1.5 CY Bin
per month υЊЌА͵ЌЋυЋАЊ͵ЌАυЍЉЎ͵ЍЋυЎЌБ͵АБυЏАЋ͵ЊЏυБЉЎ͵ЎЍ
2 CY Bin
3 CY Bin per month υЊАВ͵ЉАυЌЎЍ͵ЋЉυЎЋВ͵ЌЉυАЉЌ͵ЏЍυБАА͵ВАυЊͲЉЎЋ͵ЌЋ
per month υЋЋВ͵АЊυЍЎЍ͵АЊυЏАВ͵ЏБυВЉЌ͵АЋυЊͲЊЋА͵АБυЊͲЌЎЊ͵БЉ
4 CY Bin
υЌЋЌ͵ЏЏυЏЍЊ͵ЋЏυВЎБ͵БЏυЊͲЋАЎ͵ЋЏυЊͲЎВЊ͵ЏЍυЊͲВЉБ͵ЉЌ
6 CY Bin per month
υЊБЍ͵ЌАυЌЏЍ͵ВЍυЎЍЎ͵ЎЌυАЋЎ͵ЌЌυВЉЎ͵ЊЏυЊͲЉБЍ͵ВБ
2 CY Compactor per month
υЋЍЎ͵ЎБυЍБЏ͵ЏЌυАЋА͵ЏЍυВЏА͵БЉυЊͲЋЉА͵ВЋυЊͲЍЍБ͵ЉБ
3 CY Compactor per month
υЍЌА͵ВЏυБАЉ͵ЎЊυЊͲЌЉЌ͵ЉЋυЊͲАЌЍ͵ЍЏυЋͲЊЏЎ͵ВЊυЋͲЎВА͵ЌЌ
6 CY Compactor per month
Commercial Recycling Only
per month υЌЉ͵ЌЋυЎЌ͵БЍυЏЌ͵ЎБυБЊ͵ЌВυВВ͵ЋЉυЊЊЏ͵ВВ
64-Gallon Cart
υЌЋ͵ЎЋυЎБ͵ЊЍυЏВ͵ВВυБВ͵ББυЊЉВ͵АБυЊЋВ͵ЏБ
96-Gallon Cart per month
1 / 1.5 CY Bin per month υБВ͵ЏЌυЊЍА͵ЏАυЋЉЌ͵ЋВυЋЎЍ͵ЍЊυЌЉЊ͵ЍБυЌЍЍ͵ВЊ
per month υВА͵ВБυЊЎВ͵ЎЊυЋЊБ͵АЊυЋАЎ͵ЎВυЌЌЉ͵ЌБυЌБЌ͵ЊЋ
2 CY Bin
υЊЊЌ͵ЊЊυЊБЊ͵ЏВυЋЍА͵ВЊυЌЊЊ͵ББυЌАЌ͵ЏАυЍЌЌ͵ЍЍ
3 CY Bin per month
4 CY Bin per month υЊЋБ͵ЋЌυЋЉЌ͵БЌυЋАА͵ЊЊυЌЏА͵ББυЍЊЏ͵ВЌυЍБЌ͵БЉ
per month υЊБЏ͵БЍυЌЊЊ͵БЉυЍЌЏ͵ЏВυЎЏЊ͵ЏЊυЏБЏ͵ЎЊυБЊЊ͵ЍЊ
6 CY Bin
υЊЋЋ͵ВЍυЋЋЍ͵АЍυЋБЍ͵ЌБυЌЏБ͵ЏБυЍЎЋ͵ВАυЎЌА͵ЋБ
2 CY Compactor per month
υЏЋЉ͵ЎВυАЌЏ͵БЋ
3 CY Compactor per month υЊЎЎ͵АЏυЋАЊ͵ВАυЌББ͵ЊБυЎЉЍ͵ЌВ
per month υЋВЌ͵ЉБυЎЊЍ͵ВЏυАЌЏ͵АВυВЎБ͵ЏЏυЊͲЊБЉ͵ЍВυЊͲЍЉЋ͵ЌЋ
6 CY Compactor
Commercial Organic Waste Only (Green Waste and Food Waste)
64-Gallon Cart per month υБЏ͵ЍЍυЊЏЉ͵ЉЏυЋЋВ͵ЎЍυЋВВ͵ЍЌυЌАА͵ЋЉυЍЌБ͵ЎБ
per month υЊЊЉ͵ВВυЋЉВ͵ЉЌυЌЉЋ͵ВАυЌВА͵ЌЉυЍВВ͵ЎЋυЎБЎ͵ЌЍ
96-Gallon Cart
υЋЋБ͵БВυЍЉЍ͵АЏυЎЏВ͵БВυАЌЌ͵ЏЏυБВЎ͵БЋυЊͲЉЎБ͵ЌЌ
1 / 1.5 CY Bin per month
2 CY Bin per month υЋБЎ͵ЏЌυЎЋЋ͵ААυАЍЍ͵ЋБυВЏА͵ЋЉυЊͲЋЋЉ͵ЉЍυЊͲЍЊЉ͵БЋ
per month υЌАА͵ЋВυАЉЊ͵ЍЉυЊͲЉЉБ͵ЌВυЊͲЌЊЏ͵ВЋυЊͲЏЎБ͵ЋЏυЊͲВЌЊ͵ЎЍ
3 CY Bin
υЍЏБ͵ВЌυББЉ͵ЉЋυЊͲЋАЋ͵ЍВυЊͲЏЏЏ͵ЏЍυЋͲЉВЏ͵ЍАυЋͲЍЎЋ͵ЋБ
4 CY Bin per month
υЏЏВ͵ЋЏυЊͲЋЏЍ͵БЊυЊͲБЌЏ͵ЏЌυЋͲЍЊЉ͵ЏЉυЌͲЉЌЉ͵ЉЌυЌͲЎЎЎ͵ЊЌ
6 CY Bin per month
Commercial Green Waste Only (if applicable)
per month υЌЋ͵АБυЎЏ͵ЍЊυАВ͵ЌЋυЊЉЉ͵ВЌυЊЋЊ͵ЌАυЊЍЉ͵АА
64-Gallon Cart
υЌА͵ЌЌυЏЎ͵ЎЊυВЋ͵ВАυЊЊВ͵ЊЌυЊЍЍ͵ЊЋυЊЏБ͵ЉА
96-Gallon Cart per month
1 / 1.5 CY Bin per month υВЍ͵ЏЌυЊЏЊ͵АВυЋЋЏ͵БЍυЋБА͵ВВυЌЍЎ͵ЏЉυЍЉЉ͵ЉЏ
υЊЉА͵ЍЍυЊБЍ͵ЏЍυЋЎБ͵ЌЌυЌЋВ͵ЊЉυЌВА͵ЊЍυЍЏЋ͵АЍ
2 CY Bin per month
υЊЌЊ͵АЌυЋЋЍ͵АЍυЌЊЎ͵АЊυЍЉЍ͵АЉυЍВЊ͵БЊυЎАА͵ЊА
3 CY Bin per month
4 CY Bin per month υЊЎЏ͵ЉЊυЋЏЏ͵ЋАυЌАЍ͵ЍАυЍВА͵ВЊυЎБЎ͵ЉБυЏБА͵АЋ
υЋЊЍ͵ЌЏυЌЎЏ͵ЌЋυЍВВ͵ЉЋυЏЌВ͵БЋυААБ͵ЏЍυВЊЎ͵АБ
6 CY Bin per month
Commercial Food Waste Only (if applicable)
64-Gallon Cart per month υБА͵ЉАυЊЏЊ͵ЌЊυЋЌЊ͵ЍЋυЌЉЊ͵ВЌυЌБЉ͵ЌЌυЍЍЋ͵ЌЌ
υЊЊЊ͵ВЉυЋЊЉ͵БАυЌЉЎ͵АЊυЍЉЉ͵ВЏυЎЉЍ͵ЊЉυЎВЉ͵БЌ
96-Gallon Cart per month
υЋЌЉ͵ЌЉυЍЉА͵ЎБυЎАЍ͵ЊЊυАЌВ͵ЋВυВЉЋ͵БАυЊͲЉЏЏ͵АВ
1 / 1.5 CY Bin per month
2 CY Bin per month υЋБА͵ЎЊυЎЋЏ͵ЎЋυАЍВ͵ВЊυВАЍ͵АЊυЊͲЋЋВ͵ЍЌυЊͲЍЋЋ͵ЉВ
Proposed
Service DescriptionsBilling Frequency
Rate
Commercial Additional / Other Services
Organics Contamination Feeper occurrence
$78.01
3448
FINAL AGREEMENT Page 101 of 183
Additional Services Maximum Service Rates
Rate Schedule Effective 7/1/2023
Proposed
Service Descriptions
Billing Frequency
Rate
Other Services
Locking Bin, Lock on Gate, enclosure Monthly Feeper lock per month
$8.07
Trip Charge/Dry Runper occurrence$89.99
Restart of Service (auto resume fee)per occurrence
$22.00
Setup Feeper occurrence
N/C
Delivery Charge per occurrence
N/C
Delivery Charge Commercial Carts per occurrence
N/C
Removal per occurrence
N/C
Exchange Fee per occurrence
$106.59
Stinger / Scout Service feeper bin per service
$47.99
Recycling Contamination Feeper occurrence
$68.33
Overage Feeper occurrence
$68.33
Commercial Manure Collection (64 gallon Cart)Per month
$57.56
Commercial Manure Collection (2 CY Bin)Per month
$198.97
$261.93
Emergency Services (Section 20.01) per hour
Proposed
Service Descriptions
Billing Frequency
Rate
Push Rate
Push Rate 25 feet
$43.67
1 pickup per weekper month
2 pickup per weekper month$87.33
$131.00
3 pickup per weekper month
$174.66
4 pickup per weekper month
5 pickup per weekper month$218.33
$261.99
6 pickup per weekper month
Push Rate 50 feet
1 pickup per weekper month$65.50
2 pickup per weekper month$131.00
$196.49
3 pickup per weekper month
4 pickup per weekper month$261.99
5 pickup per weekper month$327.49
$392.99
6 pickup per weekper month
Push Rate 75 feet
1 pickup per weekper month$98.24
$196.48
2 pickup per weekper month
3 pickup per weekper month$294.71
4 pickup per weekper month$392.95
$491.19
5 pickup per weekper month
6 pickup per weekper month$589.43
Push Rate 100 feet
$147.35
1 pickup per weekper month
2 pickup per weekper month$294.70
3 pickup per weekper month$442.04
$589.39
4 pickup per weekper month
5 pickup per weekper month$736.74
6 pickup per weekper month$884.09
3449
FINAL AGREEMENT Page 102 of 183
3450
3451 Exhibit 2
3452 City Sponsored Events
3453 Contractor shall provide service at no additional charge to the following City events. The City shall have the
3454 option to add additional or alterative events by written notice to the Contractor.
3455
3456 Earth Arbor Day/Neighborhood Clean Up
3457 Cowboy Poetry Festival
3458 Concerts in the Park
3459 Senses Block Party x6
3460 River Rally
3461 Marathon
3462
3463
3464
3465
FINAL AGREEMENT Page 103 of 183
3466 Exhibit 3
3467 List of City Properties and Current Service Levels
Site Bin Size Number of Bins Frequency Commodity
Begonias Lane Park 3 Yard 1 2 Trash
Bouquet Canyon Park 3 Yard 2 2 Trash
3 Yard 1 1 Green Waste
Bridgeport Park 3 Yard 1 1 Trash
3 Yard 1 1 Green Waste
Canyon Country Community Center 3 Yard 1 3 Trash
3 Yard 1 1 Green Waste
3 Yard 1 3 Trash
3 Yard 1 2 Commingle
Canyon Country Library 3 Yard 1 6 Trash
3 Yard 1 2 Commingle
Canyon Country Park 3 Yard 2 4 Trash
3 Yard 1 1 Green Waste
Central Park 20 Yard 2 OC Trash
10 Yard 1 OC Inert
40 Yard 1 OC Green Waste
20 Yard 2 OC Green Waste
20 Yard 1 OC Commingle
3 Yard 1 3 Trash
Chesebrough Park 3 Yard 2 2 Trash
Circle J Park 3 Yard 1 1 Trash
City Corporate Yard 3 Yard 1 5 Trash
3 Yard 2 1 Commingle
City Hall 3 Yard 2 3 Trash
65gal 1 1 Food Waste
3 Yard 4 1 Commingle
City Sub Yard 40 Yard 1 OC Trash
30 Yard 1 OC Trash
20 Yard 1 OC Trash
10 Yard 1 OC Inert
20 Yard 1 OC Green Waste
40 Yard 4 OC C&D
20 Yard 1 OC C&D
10 Yard 1 OC C&D
Copper Hill Park 3 Yard 1 1 Trash
3 Yard 1 1 Green Waste
FINAL AGREEMENT Page 104 of 183
Site Bin Size Number of Bins Frequency Commodity
Creekview Park 3 Yard 1 1 Trash
Fair Oaks Park 3 Yard 2 1 Trash
Golden Valley Park 3 Yard 1 2 Trash
Newhall Community Center 3 Yard 2 3 Trash
3 Yard 1 1 Commingle
Newhall Park (Boys & Girls Club) 3 Yard 2 2 Trash
3 Yard 1 1 Commingle
Newhall Park (Pool)20 Yard 2 OC Trash
20 Yard 1 OC Green Waste
40 Yard 1 OC C&D
Newhall Park 20 Yard 1 OC Trash
40 Yard 1 OC Trash
20 Yard 1 OC Green Waste
North Oaks Park 3 Yard 1 2 Trash
3 Yard 1 1 Green Waste
1.5 Yard 1 1 Commingle
Oak Spring Canyon Park 3 Yard 1 2 Trash
3 Yard 1 1 Green Waste
Old Orchard Park 3 Yard 1 2 Trash
3 Yard 1 1 Green Waste
Old Town Newhall Library 3 Yard 1 1 Trash
3 Yard 1 2 Trash
3 Yard 1 2 Commingle
Pamplico Park 3 Yard 1 2 Trash
3 Yard 1 1 Green Waste
Plum Canyon Park 3 Yard 1 1 Trash
3 Yard 1 1 Green Waste
River Village Park 3 Yard 1 2 Trash
3 Yard 1 1 Green Waste
Santa Clarita Metrolink Station 3 Yard 1 5 Trash
3 Yard 1 1 Commingle
Santa Clarita Park 3 Yard 1 2 Trash
3 Yard 1 1 Green Waste
Santa Clarita Sports Complex 3 Yard 1 3 Trash
3 Yard 2 3 Trash
3 Yard 1 2 Commingle
3 Yard 1 2 Commingle
Skyline Ranch Park (future) - - - -
The Cube Ice Station 3 Yard 2 2 Trash
FINAL AGREEMENT Page 105 of 183
Site Bin Size Number of Bins Frequency Commodity
3 Yard 1 1 Commingle
Todd Longshore Park 3 Yard 1 1 Trash
3 Yard 1 1 Green Waste
Transit Maintenance Facility4 Yard 2 5 Trash
3 Yard 2 2 Commingle
Valencia Glen Park 3 Yard 1 2 Trash
3 Yard 1 1 Green Waste
1.5 Yard 1 1 Commingle
Valencia Heritage Park 3 Yard 1 3 Trash
10 Yard 1 OC Trash
3 Yard 1 1 Green Waste
Valencia Library 3 Yard 1 2 Trash
3 Yard 1 1 Commingle
Valencia Meadows Park 3 Yard 1 2 Trash
3 Yard 2 1 Green Waste
1.5 Yard 1 1 Commingle
Via Princessa Park (future) - - - -
Vista Canyon Park (future) - - - -
West Creek Park 3 Yard 2 1 Trash
3468
3469
FINAL AGREEMENT Page 106 of 183
3470 Exhibit 4
3471 Collection Container Specifications
E4.01 Cart Specifications.
E4.01.1 All new or replacement Carts must be manufactured with a minimum twenty percent
(20%) post-consumer recycled material content and come with a ten (10) year warranty against defects.
E4.01.2 Carts must be constructed with material that resists deterioration from ultraviolet radiation
and be incapable of penetration by household pets or small wildlife when lids are fully closed.
E4.01.3 Contractor must provide Carts having an approximate volume of 32, 64 and 96 gallons.
Actual cart volume may vary by +/- 10% depending on manufacturer.
E4.01.4 Carts must include wheels and handles that accommodate ease of movement by able-
bodied persons, have heavy duty wheels, attached hinged lids, and be designed to be resistant to
inadvertent tipping due to high winds.
E4.01.5 Carts must include lids that continuously overlap the Cart body so as to prevent the
intrusion of rainwater and minimize odors. The lids would be of a design and weight so as to prevent the
Cart body from tilting backward when flipping the lid open.
E4.01.6 Carts must be capable of being lifted into the Collection Vehicle without damage or
distortion under normal usage.
E4.01.7 Carts be hot-stamped, embossed, or labeled/decaled with the company name, a unique
identification number (i.e., serial number for carts), weight limit, and images of the type of materials to be
Collected. All Carts shall also contain instructions for proper usage. If any of the above is accomplished
via labels or decals, such labels or decals must be maintained and/or replaced as necessary throughout
the term to maintain a near new appearance. Decals/labels showing types of materials collected in each
Cart must be replaced annually.
E4.01.8 Cart and lids must meet all applicable colors and labeling specifications as set forth by
CalRecycle (i.e., blue = recycle, black/charcoal = trash, green/brown = yard waste/mixed organics, green
w/yellow lid or yellow = food waste or other color standards as determined by CalRecycle prior to the
start of this Agreement).
E4.02 Bin Specifications.
E4.02.1 Bins must be constructed of heavy metal or heavy plastic and must be
watertight, well painted, in good condition and without rust or dents.
FINAL AGREEMENT Page 107 of 183
E4.02.2 Wheels, forklift slots, and other appurtenances, which are designed for
movement, loading, or unloading of the container, must be maintained in good repair.
E4.02.3 Contractor must provide Bins having an approximate volume of 1, 2, 3, and 4-
cubic yards.
E4.02.4 Bins must have the name and phone number of Contractor on the exterior so
as to be visible when the Bin is placed for use.
E4.02.5 Each Bin must be labeled with a listing of materials that may and may not be
placed in a particular Bin type, and each Bin must in
the disposal of hazardous, electronic, or universal
E4.02.6 Bid lids must be constructed of metal or heavy plastic, so as to minimize the
intrusion of rainwater and minimize odors. Locking bins will be provided upon request at the rate set forth
in Exhibit 1.
E4.02.7 Bins must be capable of being lifted into the Collection Vehicle without damage
under normal usage.
E4.02.8 Bins must meet all applicable colors and labeling specifications as set forth by
CalRecycle (i.e., blue = recycle, black/charcoal = trash, green/brown = yard waste/mixed organics, green
w/yellow lid or yellow = food waste or other color standards as determined by CalRecycle prior to the
start of this Agreement).
E4.03 Roll-off Container Specifications.
Roll-off specifications shall be the same as Bin specifications E4.02.1 through E4.02.6, and E4.02.8.
Roll-offs shall be provided in sizes 10, 20, 30, 40 cubic yards. Compactors shall be available in sizes 10,
20,35, 40 cubic yards.
E4.04 Kitchen Food Waste Pails
Contractor is responsible for the purchase and distribution of fully assembled and functional Kitchen
Food Waste Pails to SFD and MFD Service Units in the Service Area, including to new Service Units
he term of this Agreement. The initial distribution of
Kitchen Food Waste Pails must be completed no later than July 1, 2023 along with educational outreach
materials as approved by City, and will be provided at no additional charge (one (1) pail per Dwelling
FINAL AGREEMENT Page 108 of 183
Unit). The distribution to new Service Units must be completed within three (3) Work Days of receipt of
notification from City or the Service Unit.
E4.05 Containers End of Life
Collection Containers must be recycled at the end of their useful life.
E4.06 Containers Purchase
Contractor shall report all new Carts and Bins purchased pursuant to this Agreement to its address within
the City, and shall report all purchases of Carts and Bins under this Agreement as attributable to the City
for sales tax purposes.
3472
FINAL AGREEMENT Page 109 of 183
3473 Exhibit 5
3474 Transition Plan
3475 Burrtec has extensive experience in new program roll-outs ensuring success for the City of Santa
3476 Clarita franchise implementation. Transition experience includes various conversions and
3477 implementations of residential and commercial program including regulatory compliance, information
3478 materials development, container delivery and removal, mailings, advertisements, routing, billings,
3479 audits, and ongoing education.
3480
3481 After Contract Execution and prior to the Contact Start Date, Burrtec will provide the City of Santa
3482 Clarita an update to the Start-Up Transition Roll-Out Plan for approval. The plan will include an updated
3483 detailed timeline with activities and estimated dates including but not limited to:
3484
3485 Vehicles
3486 Order specifications
3487 Confirmation of delivery dates
3488 Containers
3489 Order specifications
3490 Confirmation of delivery dates
3491 Staging and assembly location
3492 Customer container size selection
3493 Distribution plan
3494 Including collection of existing containers
3495 Employees
3496 Hiring progress
3497 Training
3498 Public Outreach and Education
3499
3500 A Burrtec transition provides customers with an experience that is reliable, orderly, seamless, and
3501 without service interruptions conducted thoroughly and professionally by Burrtec staff. The transition
3502 services may include the following as appropriate:
3503
3504 Collect solid waste from outgoing contractor's containers
3505 Allow the outgoing contractor to collect from Burrtec containers
3506 Allow the future contractor to collect from Burrtec containers during the transition
3507 Service, remove and store outgoing contractor's containers after the transition
3508 Continue customer's services, container quantity and sizes, and applicable discounts from
3509 outgoing contractor's customer service list, including not providing containers to addresses not
3510 utilizing outgoing contractor's services
3511
3512 1. Prior to the Start of Collection Services
3513
3514 Beginning with the contract award, Burrtec will begin the implementation phase. Activities will
3515 include strategic planning of staff organization, equipment and containers, developing routes and
3516 schedules, and implementing education and program information plans. The primary focus is to
3517 prepare customers for their new collection services and programs.
3518
3519 ent to a smooth transition and the epitome of ÐWeÓll
3520 Take Care Of ItÑ is evident in Los Angeles County franchise area transitions. In these transitions,
3521 some new residents had difficulty starting curbside services for the period preceding the new
3522 franchise program effective date. In the spirit of Burrtec's dedication to customer service, curbside
3523 collection services were started prior to the franchise effective date at no charge to the customer.
3524
FINAL AGREEMENT Page 110 of 183
3525 a. Transition Team Approach
3526
3527 Burrtec proposes approaching the City of Santa Clarita contract with the same methodology
3528 used in other successful transitions. Specifically, Burrtec uses its senior management team
3529 and operations team to oversee all technical and managerial issues. The Company's President
3530 and Chief Executive Officer, Cole Burr, leads the team.
3531
3532 The balance of the senior management team includes Tracy Sweeney, Chief Operating
3533 Officer/Vice President; Robert R. Coon, Chief Financial Officer; Trevor Scrogins, Vice
3534 President of Operations; Tracy Portillo, Vice President, Human Resources and Payroll, Dan
3535 Vogt, Vice President Information Technology, William Wilson, Regional Manager; Michael
3536 Heftman, Municipal Services Manager, Debbie Hansen, Municipal Project Manager, and
3537 Dennis Verner, Division Manager Santa Clarita. These individuals were responsible for
3538 preparing this proposal and are very knowledgeable on the numerous facets of solid waste
3539 collection program implementations.
3540
3541 Our approach is divided into the following scheduled phases.
3542
3543 b. Proposal/Negotiation Phase
3544
3545 The Burrtec senior management team will work together throughout the proposal and contract
3546 negotiation phase. Depending on the issues, one or more team members will be involved. Mr.
3547 Burr, Ms. Sweeney, and Mr. Verner will lead the negotiations and have full authority to commit
3548 the company to contractual obligations.
3549
3550 c. Start-Up/Transition Phase
3551
3552 Once the contract is authorized, Burrtec will immediately go into a start-up/transition phase.
3553 The same senior management team members will work on implementing their respective
3554 areas. All needed equipment will be ordered with delivery commitments consistent with the
3555 start-up schedule.
3556
3557 The senior management team has developed numerous detailed plans and procedures for past
3558 transitions with no service or operational issues for the jurisdiction, its businesses, or residents.
3559 Burrtec's previous City of San Bernardino and Los Angeles County franchise implementations
3560 were very successful and well-received by the affected communities.
3561
3562 d. Contract Phase
3563
3564 Once the transition phase is completed, the organization quickly settles into a more traditional
3565 contract management phase. Mr. Verner, the facility's division manager will be the key day-to-
3566 day contact and responsible for daily operating decisions. The senior management team will
3567 remain advisory to the division manager, ensuring the full implementation of all contract
3568 compliance, company directives, and procedures are maintained.
3569
3570 Burrtec successfully manages ten hauling locations and has effective and proven management
3571 systems in place. Daily, weekly and monthly communications, reports, and meetings
3572 coordinate this effort, assuring the customer that ÐWeÓll Take Care Of It."
3573
3574 2. Customer Communications & Selection of Equipment
3575
3576 General information about Burrtec and the transition plan will be one of the first elements of
3577 customer communications. The container size and quantity selection, new container colors,
3578 delivery schedule, and collection day schedule will follow. Customers will receive several notices
3579 and updates throughout the transition period keeping them informed and prepared.
3580
FINAL AGREEMENT Page 111 of 183
3581 Communication methods include local newspapers, mailers, and flyers/posters at community
3582 centers. Burrtec's website and social media platforms will contain informational updates and
3583 postings. Containers are provided based on the current level of service and include supplemental
3584 deliveries for missing program elements, ensuring customers receive a full complement of services.
3585 Customers will have the opportunity to contact the customer service department and adjust
3586 container sizes prior to delivery. As part of the container delivery, Burrtec will provide an outreach
3587 package, which includes detailed information on the services offered for recyclables and organics
3588 waste, bulky item collections, and proper disposal alternatives of unpermitted waste.
3589
3590 Distributing Food Waste Pails to Customers
3591
3592 Burrtec will deliver food waste pails before the service start date to single-family and multi-family
3593 service recipients for no additional fee. Detailed educational materials on food waste recycling will
3594 be included at the time of delivery.
3595
3596 3. Employee Retention
3597
3598 Prior to the service start date, Burrtec will secure a venue within the franchise area such as the
3599 Hyatt Valencia, Embassy Suites, or other comparable locations, and invite prospective employees
3600 ure, competitive pay, and benefits, and learn why
3601 nearly half of the current drivers at Burrtec average more than 20 years of service with the company.
3602 Employees migrating from the previous contractor to Burrtec will retain their current pay rate,
3603 seniority, and pre-approved vacations. Prospective employees will be required to provide a DMV
3604 driving record, and undergo a physical evaluation once an offer of employment is accepted. Newly
3605 hired employees will be welcomed at orientation, participate in OSHA and DOT compliant safety
3606 training, and become familiar with the Burrtec philosophy, before service
3607 commences.
3608
3609 All Burrtec staff members who provide services to the City of Santa Clarita will receive detailed
3610 information and training to prepare them for the new contract. Training will enable Burrtec to provide
3611 a high level of service throughout the contract term
3612
3613 A. Training Route Drivers
3614
3615 All new drivers undergo training on solid waste and recycling programs, new container colors,
3616 and the proper and safe use of the specific collection vehicles. Training includes onboard
3617 systems, ride-along, and in-field evaluations, including driving and operating the equipment.
3618 The Division Manager and Route Supervisor routinely conduct driver training briefings to
3619 maintain safe and efficient operating standards. The local manager conducts a final
3620 competency evaluation and verification to validate that the driver can safely operate the specific
3621 collection vehicle. "On the Route" field observations assure that drivers are maintaining safe
3622 work habits and excellent customer service standards.
3623
3624 B. Training: CSRs
3625
3626 It is imperative that CSRs understand the City of
3627 local, Santa Clarita Hauling Division, for their shifts. New
3628 custom software and the customer philosophy.
3629
3630 C. Training: Mechanics
3631
3632
3633 Transportation Out of Service Criteria, and will be eligible to participate in collegiate level and
3634 vendor sponsored training events. OSHA compliant safety trainings and company policies will
3635
3636
FINAL AGREEMENT Page 112 of 183
3637 4. Transition Services
3638
3639 a) Regular Meetings
3640
3641 Regular meetings among Burrtec and City staff are essential to a successful transition program
3642 throughout the agreement term. Coordination of activities, reporting, and customer service are
3643 routinely discussed, developing action plans that produce positive and effective results.
3644 Collaborative meetings are essential during the initial transition stages while customers
3645 become familiar with Burrtec and come to understand the
3646
3647 b) Activated Phone Lines
3648
3649 Customers utilize an existing phone number to call and ask questions about the new solid
3650 waste and recycling programs.
3651
3652 With minimal auto-attendant features, experienced Burrtec customer service staff located at
3653 our Santa Clarita office are prepared to answer
3654 manner with bilingual (Spanish and other languages as requested) skills available.
3655
3656 Customer service will staff phone lines between 8:00 a.m. and 5:00 p.m. Monday through
3657 Friday and on Saturdays between 8:00 a.m. and 12:00 p.m. following observed holidays during
3658 the transition period and over the contract term. An automated telephone answering system
3659 will take messages from callers outside these hours. Customer Service Representatives will
3660 follow up on each message the following business day.
3661
3662 c) Determining Routes
3663
3664 Burrtec will utilize the existing collection schedule as a basis to begin service. Future service
3665 level adjustments and additional services may require Burrtec to generate newly optimized
3666 routes to reduce wear and tear on the streets. The operations team has worked in the Santa
3667 Clarita Valley for a number of years is very experienced in developing efficient and safe routes.
3668 Customers will receive information indicating weekly collection schedules, new cart colors, and
3669 have the opportunity to speak with our local Customer Service Representatives should they
3670 have any questions about their scheduled pick-up day.
3671
3672 d) Vehicle and Container Delivery from Manufacturer
3673
3674 Burrtec's vendors are prepared to address any additional needs for the awarded service area.
3675 This includes the production and delivery of vehicles and containers as needed. Detailed
3676 logistics and timelines will be submitted to the City as required. Burrtec will secure a location
3677 or utilize the existing hauling yard for staging.
3678
3679 5. Public Outreach and Education Activities
3680
3681 A key to overall customer satisfaction and participation in waste diversion activities is providing
3682 detailed educational programs and information. In partnership with The Musella Group, Burrtec
3683 gears its outreach based on the needs of the various customer groups ensuring we provide
3684 relevant, engaging, and consistent information on all City and CalRecycle requirements.
3685
3686 As a part of the transition, Burrtec will identify these groups and design the educational material
3687 accordingly. These customer groups will include single-family, multi-family residents, Tier 1 & Tier
3688 2 commercial edible food generators, and commercial services.
3689
3690 Burrtec's in-house capability to produce educational and promotional material in a bilingual
3691 (Spanish or other required languages) format is a critical asset for any transition period.
3692
FINAL AGREEMENT Page 113 of 183
3693 Burrtec Web Site
3694
3695 Burrtec's website at www.burrtec.com will be updated with the City's specific collection program
3696 and services, including but not limited to:
3697
3698 Transition plan
3699 Collection schedules
3700 Notices
3701 Program descriptions
3702 Service brochure
3703
3704 The City specific website is an additional tool for customers to obtain accurate and current
3705 information on recycling programs, household hazardous waste disposal, special collections, and
3706 SB 1383 program requirements. The website can also include links to the City of Santa Clarita
3707 website for additional program information requested by the City.
3708
3709 6. Transition Coordination
3710
3711 a) Coordinated Customer Service Data
3712
3713 Burrtec will coordinate the transfer of customer data with the incumbent service provider. All
3714 pertinent customer information will be downloaded into new customer records. Information
3715 includes customer account number, service details, contact information, gate and access
3716 codes, roll-out services, or specific container staging and access information.
3717
3718 Using internal audit and mapping teams, Burrtec will identify all customers not currently
3719 receiving solid waste collection service, secure the customer's data, and provide them with
3720 program information.
3721
3722 b) Old Containers
3723
3724 Burrtec is committed to working with the current service providers, customers, and City staff to
3725 make this transition as smooth as possible. As part of a typical transition plan, Burrtec will
3726 schedule the removal and collection of any old containers from customers and coordinate a
3727 seamless exchange for those customers that may be using containers from their current hauler.
3728
3729 7. Transition Schedule
3730
Phase / ActivityStart Date End Date
(1) PRE-CONTRACTING PHASE
(a) City identifies recommended proposer. 05/31/22
(b) Order Collection Vehicles 8/01/22 08/31/22
(2) CONTRACTING PHASE
(a) Contract Award/Execute Agreement 07/01/22
(b) Insurance 08/01/22
(c) Performance Security 08/01/22
(d) Execute Agreement 09/01/22
(e) Contracting Fee 10/01/22
(3) TRANSITION PHASE
(a) Transition Activities:
(i) Transition Planning 09/01/22 06/30/23
(ii) Transition Team Meetings (Weekly) 08/01/22 06/01/23
(iii) After Action Meeting 08/01/23
FINAL AGREEMENT Page 114 of 183
Phase / ActivityStart Date End Date
(b) Employment Activities:
(i) Invitation to Apply 05/01/23
(ii) Recruitment / Family Fair 05/15/23 06/01/23
(iii) Employment Start Date 07/02/23
(c) Equipment Activities:
(i) Collection Vehicles 01/01/23 05/15/23
(ii) Residential Cart Production 04/01/23 06/01/23
(iii) Commercial Bin Procurement 04/01/23 06/01/23
(iv) Residential Cart Distribution / Removal 06/01/23 06/30/23
(v) Commercial Bin Distribution / Removal 06/01/23 06/30/23
(d) Customer Activities:
(i) CSR at City Hall As Needed As Needed
(ii) Customer Service Training 06/01/23 06/30/23
(iii) Residential Account Information
Customer Update & Audit 03/01/23 06/01/23
Initial Billing & Reporting 07/01/23 07/01/23
(iv) Commercial Account Information
Verification & Sustainability Programs 04/01/23 06/01/23
Customer Upload & Audit 04/01/23 06/01/23
Initial Billing 07/01/23 07/01/23
(v) Routing 04/01/23 06/15/23
(vi) City Facilities 06/01/23 06/30/23
Initial Billing & Reporting 07/01/23 07/01/23
Initial Billing 07/02/23 07/02/23
(e) Education, Outreach & Diversion Activities
(i) Residential Service Brochure 01/01/23 03/31/23
(ii) Print & Social Media 04/01/23 04/30/23
(iii) Update Burrtec Website 04/01/23 06/01/23
(iv) Community Meeting 06/01/23 06/20/23
(v) Local Organizations Presentation 05/01/23 06/30/23
(vi) Neighborhood Associations 06/01/23 06/30/23
(vii) Residential Services Selection 06/01/23 06/30/23
(f) Food Recovery Assistance
(4) SERVICE START 07/01/23 07/01/23
(a) Route Adjustments 07/01/23 08/01/23
(b) Compliance Review 07/01/23 09/01/23
(c) Identify Tier One & Tier Two Customers 07/01/23 09/01/23
(d)Assist Tier One & Recovery Inspections 07/01/23 01/01/24
3731
3732 8. Commencement Date of Collection
3733
3734 Burrtec commits to meeting the City's service implementation date of July 1, 2023. All required
3735 notifications and customer communications will be completed before the collection commencement
3736 date.
3737
3738 9. Commercial Generator Transition Plan Supplement
3739 Burrtec's supplemental commercial generator transition plan is designed to highlight commercial
3740 generator changes and provide an opportunity for Commercial Service Recipients to adjust service
FINAL AGREEMENT Page 115 of 183
3741 levels prior to the contract start. Months in advance of the service start date Burrtec Sales &
3742 Recycling Coordinators will meet with commercial generators focusing on the following:
3743
3744 Compliance with the new state diversion mandates
3745 Container size, frequency, colors, and labeling
3746 Commercial generator responsibilities
3747 Tier 1 & Tier 2 generator responsibilities
3748 Prohibited container contaminants
3749
3750
3751 Below is the supplemental transition schedule highlighting major milestones of the process.
3752
Commercial - Phase I Activity Start End Date
Date
(a) Contract Award 07/01/22
(b) Collection Vehicles 08/004/15/23
1/22
(c) Compliance Review 08/009/30/22
1/22
(d) Share Review Results with City Staff 10/010/31/22
1/22
(e) Commercial Customer Outreach (Most11/012/31/22
Impacted) 1/22
(f) Commercial Customer Outreach (All Others) 01/003/31/23
1/23
(g) Community Meetings 01/006/01/23
1/23
(h) Commercial Bins Added, Replaced or Painted 08/006/30/23
1/22
(i) Recruitment (Additional Commercial Drivers) 04/006/01/23
1/23
(j) Final Customer Container Selection 05/006/30/23
1/23
(k) Bins Delivered 06/006/30/23
1/23
(l) Service Start 07/007/01/23
1/23
3753
3754
3755 Compliance Review: Burrtec will conduct a compliance review of existing Commercial Service
3756 Recipients using current MCR and MORe data. Customers are categorized into three groups:
3757 Most Impacted
3758 Minimally Impacted
3759 Exempt
3760 Most Impacted customers include High Volume Generators and Low Volume Generators not
3761 required to participate in MCR/MORe programs. Minimally Impacted customers include compliant
FINAL AGREEMENT Page 116 of 183
3762 MCR/MORe customers with minimum levels of service. Exempt customers include all customers
3763 having received an MCR/MORe exemption.
3764
3765 Determine Waivers: Burrtec will review current MCR/MORe exempt customers and evaluate Low
3766 Volume Commercial Service Recipients to determine waiver eligibility. Burrtec will work with the
3767 City to develop an SB 1383 waiver process and categorize customers accordingly. The City will be
3768 required to approve all waivers prior to issue.
3769
3770 Conduct Waste Assessment/Route Review: Burrtec will collaborate with City Staff to develop a
3771 n campaign for programs starting July 2023.
3772 Most Impacted customers may receive a site visit from Burrtec Sales and Recycling Coordinators
3773 on, conduct a waste assessment, determine if
3774 prohibited contaminants are present in containers, and provide a mockup service program best
3775 eds. Updated bin/cart color information and the
3776 new corresponding service rates will be included in the site visit. The goal will be to give Most
3777 Impacted Commercial Service Recipients at least six months to either modify their current
3778 operations or budget for the new program impacts. Compliance Review and site visit data will be
3779 used to adjust model assumptions and optimize existing and potentially new routes.
3780
3781 Minimally Impacted Customers: Burrtec will focus on the Minimally Impacted Customer group
3782 through site visits and/or educational materials with a goal of giving these Customers at least 90
3783 days to prepare and educate their employees before implementation.
3784
3785 ontainer maintenance facility is centrally located in the City of
3786 Clarita Hauling Division. Burrtec will complete bin repairs, bin
3787 washing, SB 1383 paint and labeling requirements, and maintain an adequate container inventory
3788 at this facility. Commercial serviced customers, including multi-family, mixed-use, and City facilities,
3789 will have an opportunity to change or modify their collections subscriptions. Necessary container
3790 changes will be completed at any time and as requested by the customer. Program and service
3791 option information will assist customers in selecting containers and providing awareness for those
3792 programs that are best suited for their needs. Burrtec's SRCs will facilitate the solid waste needs
3793 assessment to maximize diversion and reduce solid waste disposal costs.
3794 Commercial Education & Outreach
3795 Burrtec will communicate with existing commercial customers in person, through mailers, using
3796 social media platforms, print media advertisements, and public meetings. Print media and materials
3797 are ideally generated and distributed using recycled paper content manufactured at local
3798 businesses.
3799
3800 Additional advertising in local newspapers and on social media platforms encourages public
3801 meeting participation educating customers on essential topics such as sustainability and organics
FINAL AGREEMENT Page 117 of 183
3802 recycling requirements. Santa Clarita commercial customers may already be familiar with Burrtec's
3803 existing social media presence in the Santa Clarita Valley.
3804
3805 Facebook: https://www.facebook.com/burrtecscv
3806 Instagram: https://www.instagram.com/burrtecscv
3807 In addition, Burrtec utilizes KHTS to disseminate pertinent information. Burrtec will also utilize the
3808 following local resources for commercial outreach activities:
3809
3810 The SCV Signal and SCVTV
3811 The Santa Clarita Valley Business Journal
3812 Santa Clarita Valley Chamber of Commerce (SCV Chamber)
3813 The Valley Industrial Association (VIA)
3814 Rotary Club of Santa Clarita (SCV Rotary), Business Groups
3815 SCV Economic Development Center Outlets such as podcasts and print
3816
3817 Full-color, multilingual service brochures will be distributed to existing commercial customers to
3818 familiarize them with service protocols, diversion requirements, and service options. Burrtec
3819 representatives will conduct meetings and speak with local businesses as part of the transition
3820 team's public outreach effort.
3821
3822
3823
FINAL AGREEMENT Page 118 of 183
3824 Exhibit 6
3825 Administrative Charges and Penalties
Amount if Not Cured If Cured in 30
Item
in 30 Days Days
a. Failure to respond to each complaint within three (3) Work
$100 per incident per Service Recipient.
Days of receipt of complaint.
b. Failure to maintain call center hours as required by this
$100 per day. -0-
Agreement.
c. Failure to submit to City all reports by the deadlines
$100 per day. -0-
required under the provisions of this Agreement.
d. Failure to include all parts of quarterly and annual reports
specified in Sections 22.02 and 22.03 in the submitted $100 per day. -0-
report
e. Failure to submit to City all payments by the deadlines 1% of the total amount due if fees are 1
required under the provisions of this Agreement.
amount due if fees are more than 10
days late.
f. Failure for Collection Container to be compliant with $50.00/each Collection
specifications of Exhibit 4. Container not -0-
compliant.
g. Failure for Collection Container to be compliant with SB $50.00/each Collection
1383 labeling requirements. Container not -0-
compliant.
$100 per incident per
-0-
service phone number on Collection Vehicles. day.
i. Failure to Collect a missed collection Container by close $1,000 per Calendar
of the next Work Day upon notice to Contractor, that year, plus $10 per -0-
exceeds twenty (20) in any Calendar Year. incident per day.
j. Failure to repair or replace damaged Containers within
$1,000 per Calendar year, plus $10 per
the time required by this Agreement, that exceeds twenty
incident per day.
(20) in any Calendar year.
k. Failure to maintain collection hours as required by this
$100 per day. -0-
Agreement.
l. Failure to have Contractor personnel in Contractor-$25 per day per
-0-
provided uniforms. employee.
FINAL AGREEMENT Page 119 of 183
Amount if Not Cured If Cured in 30
Item
in 30 Days Days
mFailure of Contractor to follow Recyclable Materials and
Submit for
. Organic Waste Contamination and Overage procedures
approval to
as set forth under Section 5.07 and 5.13.
City and
$100/day for failure to
implement
implement correction
plan of
plan.
correction to
City within 30
days.
n. Vehicle fluid leak incidents from Contractor Collection $5000 per
Vehicles in excess of three (3) during a calendar year. incident in
excess of
three (3)
o. Failure of Contractor to provide proof of performance
Agreement Default $500 per day
bond as required by this Agreement
p. Failure of Contractor to provide proof of insurance as
Agreement Default $500 per day
required by this Agreement
q. Failure to provide City with documentation verifying Submit for
Diversion, as outlined in Section 8.01.1, was achieved. approval to
City and
implement
$10,000/Quarter
plan of
correction
within 30
days.
r. Failure to Collect holiday trees on Collection Days. $25 per day. -0-
s. Failure to commence service to a new Service Recipient
$150 per day -0-
within seven (7) days after order.
t. Failure to initially respond to a Service Recipient $50.00 per failure to
complaint within one (1) business day. resolve customer -0-
compliant or request
3826
3827
FINAL AGREEMENT Page 120 of 183
3828 Exhibit 7
3829 Customer Service Plan
3830 For Burrtec, customer service activities are just as important as excellent route performance. We
3831 maintain a local office in Santa Clarita staffed with local employees who understand the unique
3832 characteristics of the cities they serve. Customer service is the cornerstone on which Burrtec
3833 Waste Industries, Inc. was built. This philosophy is reflected in all areas of our business and is the
3834 key objective in developing our service
3835 policies and procedures. Every Burrtec
3836 employee's mission is WeÓll Take Care Of
3837 It.Ñ
3838
3839 Knowledgeable Customer Service
3840 Staff
3841
3842 Burrtec's Customer Service
3843 centerpiece is our caring staff
3844 supported by a technology network
3845 designed to provide instant access to information. Excellent customer service is Burrtec's
3846 Number One objective, and this philosophy is reflected in every facet of its personnel training
3847 and procedures. As our ambassadors to the community, all Customer Service Representatives
3848 ("CSRs") receive in-house training, including a thorough explanation of Customer Service
3849 Policies. Procedures clearly outline the steps needed to resolve customer service issues.
3850 Burrtec CSRs are trained to operate and understand the computer systems and customer
3851 database before responding to customer calls. Burrtec has over the past 20 years provided
3852 the City of Santa Clarita with well-trained, knowledgeable CSRs who are fully aware of the
3853 s. Representatives participate in periodic
3854 and annual training sessions.
3855
3856 One Call Goal
3857
3858 Burrtec aims to answer every customer question and resolve every customer issue with just
3859 one call. CSRs are empowered to
3860 this goal. Remarks are entered for each account upon contact with appropriately detailed
3861 comments regarding the nature of the customer contact and the resolution. Inquiries and
3862 resolutions are categorized by type and are reported and reviewed by Burrtec management to
3863 identify trends and root causes, enabling quick corrective actions as warranted. Callbacks are
3864 completed each morning with customers who had left a message during off business hours the
3865 previous day or weekend. Customer Service Representatives can create work orders at the
3866 time of the call, provide customers with a work status update, and will reconcile and close
3867 completed work orders at the end of each business day, ensuring an accurate record is
3868 maintained in the system.
3869
3870 Customer Service Call Center
3871
3872 The City of Santa Clarita customers will continue to be directed to Burrtec's local customer
3873 service call center at 26000 Springbrook Avenue, Unit 101, 661-222-2249, servicing the
3874 contract area. Call centers are staffed with trained and exper
3875 capabilities Monday thenters at each of the Burrtec Division
3876 offices can support or relieve capacity as needed. Additional customer service representatives
3877 will be available for transition beginning one to two weeks prior to the rollout of new services.
3878 1. Service Recipient Billing
3879
FINAL AGREEMENT Page 121 of 183
3880 A computerized accounts receivable system generates customer billings for uniform service
3881 fees, surcharges, and discounts. Burrtec's Billing Management Department manages and
3882 maintains this system in Fontana, CA. Daily Customer Service Representatives receive
3883 process service requests and create and close work orders, effectively reconciling the
3884 customer's account information in real-time. The Santa Clarita Customer Service Manager will
3885 submit a billing request to the Billing Department. The Billing Department reviews, verifies and
3886 processes the billing files. The file is then uploaded to an invoice fulfillment center to process
3887 and prepare the mailing. The invoice processing time from the request for billing to the actual
3888 mailing of the invoice is approximately forty-eight (48) hours.
3889
3890 a. Invoice Content
3891
3892 Burrtec provides current and up-to-date information on the invoice. The invoice
3893 includes Burrtec's contact information, including email, itemized costs by services, and
3894 messages promoting paperless invoicing and electronic payments. Each invoice will
3895 include payment directions and if a single-family dwelling invoice is pre-paid annually
3896 a one-month discount.
3897
3898 b. Frequency
3899
3900 All residential customers will receive an advanced quarterly billing for the upcoming
3901 service period. Remaining customers will be invoiced monthly. Invoices are sent on or
3902 before the first day of each billing period.
3903
3904 c. Electronic Invoicing
3905
3906 Burrtec customers have the opportunity to reduce paper waste and receive electronic
3907 invoices at no additional charge. Customers participating in the electronic invoicing
3908 program continue to receive newsletters and other important program information.
3909 Participants have the opportunity to receive correspondence by mail upon request.
3910
3911 d. Inserts & Statement Messages
3912
3913 The invoices will include a statement message with important reminders or inserts such
3914 as an application for automatic bank account payment deductions, a holiday schedule,
3915 a customized newsletter, or other information requested by the City.
3916
3917 e. Late Payment
3918
3919 1) Residential, Multi-Family, Commercial, and Mixed Use
3920
3921 All residential, multifamily, commercial, and mixed use invoices are due and
3922 payable by end of billing period. Burrtec will mail a reminder letter to any customer
3923 that has not paid their bill within 30 days. The letter will indicate payment was not
3924 received and warn that late fees may be applied beginning the first day of the
3925 following month after the initial invoice was mailed. If an account remains unpaid
3926 after 90 days from the due date, the city will be notified, and customer reminder
3927 letters sent indicating the delinquency. A second letter will advise customers that
3928 the account remains unpaid, contain the balance due, including late fees, warn
3929 that delinquent balances will be sent to a collection agency, and service will be
3930 disrupted unless the account is paid in full. Returned check fees may be charged
3931
3932
FINAL AGREEMENT Page 122 of 183
3933 2) Billing Disputes
3934
3935 If a discrepancy is discovered in an invoice presented to a customer, Burrtec's
3936 Santa Clarita management team will work with the customer to review, understand
3937 and resolve the concern. A detailed and thorough review of the account's current
3938 service levels requested service adjustments, additional services, or cancellations
3939 will be evaluated in conjunction with ac
3940 created by Customer Service Representatives during interactions with the
3941 customer. The customer will receive updated information outlining why charges
3942 were incurred or details of necessary adjustments made to the account.
3943
3944 2. Technology Network
3945
3946 The existing Burrtec technology network consists of two primary components: (i) Telephone
3947 system and (ii) Customer reco
3948
3949 a. Telephone System
3950
3951 Burrtec's telephone system is a full-featured Mitel Voice over Internet Protocol (VoIP)
3952 system with:
3953
3954 Multiple call paths offer several different paths/ways to receive an incoming customer
3955 call
3956 Multi-queue enables CSRs to be logged into multiple queues at one time, offering
3957 efficiency and increased availability during unexpected system or Santa Clarita power
3958 outages
3959 Full Automated Call Distribution (ACD) reporting capabilities
3960 Complete off-site, seamless overflow/failover systems in a remote data center
3961 Data forwarding at every call center site uses Multi-Protocol Label Switching (MPLS)
3962 for ensured communication abilities
3963
3964
3965 one system enables real-time monitoring of
3966 incoming calls, call duration, and calls on hold. The system displays the real-time status
3967 of calls in progress, and the status is monitored by the Lead CSR and the Customer Service
3968 Manager. The Corporate front office receptionist also monitors the system as a secondary
3969 status review. The Customer Service Manager, the Lead CSR, and the Receptionist have
3970 call load visibility in the Central Call Center and each Division Office. They can redirect
3971 calls to available operators irrespective of their office location. Should a caller be on hold
3972 for 90 seconds, the system offers the caller the option of continuing to hold or being
3973 transferred to a message center. Callbacks to recorded messages received after hours
3974 are made the next business day. Three more attempts will be made if a caller is not
3975 reached on the first attempt. An electronic log of message center activity is updated with
3976 each call and maintained in the system, and available for inspection by Los Angeles County
3977 representatives at any time. CSRs encourage callers to provide an e-mail address or cell
3978 phone number to provide updates to the caller without interrupting the caller with a return
3979 phone call.
3980
3981 b. Customer Record Management System
3982
3983 The ability to redirect calls to any available CSR regardless of office location is possible
3984 because of the versatility of the CRM System technology used at Burrtec. Burrtec has
3985 developed a customized in-house Customer Relationship Management software platform
3986 that is foundational to the hauling operations called 'WASTEC'. WASTEC fully integrates
3987 accounts receivables, dunning/lien letter notifications, customer invoice presentment,
3988 online bill pay, dispatch work order system, and routing logistics that all tie together to
FINAL AGREEMENT Page 123 of 183
3989 ensure that services invoiced accurately match services rendered. This is accomplished
3990 by using, Burrtec developed Geographical Information System (GIS) application to regulate
3991 all rate structures available in WASTEC to each specific service address by geocoding
3992 every customer to a digital street network. This GIS system also facilitates the ongoing
3993 optimization of commercial and residential routes. This software and all related data, along
3994 with other vital Burrtec applications and systems, reside on a host of servers. These
3995 servers are housed at two regionally separated off-site and highly secure data centers
3996 rated at N+1 level redundancy. Servers at each data center replicate to the other data
3997 center throughout the day.
3998
3999 Further, all critical hard drives are disk mirrored and striped (RAID 10 level). Burrtec also
4000 backs up all data on premise, off premise, an
4001 encrypted, and air gapped (offline, disconnected, and inaccessible from the internet).
4002 Burrtec's proprietary CRM is the source of every customer subscription and history. Each
4003 customer record in the system includes the details about the customer's subscription,
4004 service history (including special services performed such as add-on services, Bulky Item
4005 pickups, temporary bin orders, and the like), call history, call disposition, and payment
4006 history. The Central Call Center and each Division Office are linked to the CRM so that
4007 any CSR can assist any customer from any Burrtec location. Once the caller's service
4008 address is located, a supplemental pop-up screen is available to the CSR with additional
4009 vital details regarding unique services and special events in the caller's community. Daily
4010 logs of complaints are maintained and are available to the City for review upon request.
4011
4012 c. Work Order Processing
4013
4014 Each customer call requiring service action is
4015 management system ensuring work orders are scheduled as an action item for the
4016 appropriate driver/supervisor. Once the service action is completed, the final resolution of
4017 the customer call is input into the customer database system and recorded on the individual
4018 customer records. Service actions include:
4019
4020
Extra Pick-Up Courtesy Pick-Up Miss
4021
Damage Claim Exchange Delivery
4022
Load Load/Dump No Return
4023
Relocate Over Flow (Overage) Complaint
4024
Oil Pick-Up Bulky Item Attn Supervisor
4025
4026
Attn Driver Complement Attn Sales
4027
E-Waste Pick-Up Recycling Contamination Tires
4028
Appliance Metal Delinquent/No Service
4029
Delivery Extra Bin/Barrel Resume City Requested
4030
Exchange Damage Exchange/Leak Exchange/Clean
4031
Exchange Increase Exchange Decrease Exchange Graffiti
4032
Exchange Locking Bin Exchange Lid Missing/ Other
4033
Broken
4034 d. Website
4035
4036 The City of Santa Clarita will have its own dedicated website which mirrors Burrtec's
4037 recently overhauled and relaunched website. Burrtec's website will provide City of Santa
4038 Clarita residents and businesses with information on payment methods, collection
4039 services, recycling legislation, event services, ways to contact us, and more. The website
4040 will detail Santa Clarita current services and rates, diversion options available, and allows
4041 Service Recipients to submit service changes, inquiries, complaints, or queries. The
4042 website is ADA compliant and has an accessibility option. The website contains City of
FINAL AGREEMENT Page 124 of 183
4043 Santa Clarita specific programs, proper set out, educational materials, newsletters and
4044 program descriptions.
4045
4046
4047
4048 3. Staffing Levels
4049
4050 Burrtec's, City of Santa Clarita located call center will maintain a staff of twelve (12) customer
4051 service representatives. Staffing includes front counter walk-in serviceability for City of Santa
4052 Clarita residents and businesses who prefer to meet with a representative in person. Based
4053 on the estimated customer count of 51,100, staffing levels equate to a service rate of 4,258
4054 customers serviced by each Burrtec representative. Calculations do not include assistance
4055 provided by the customer service manager during peak hours or the adaptability of Burrtec's
4056 Mitel VoIP System, enabling managers to allocate additional resources from nearby hauling
4057 facilities to limit unforeseen wait times.
4058
4059 The Customer Service Manager periodically reviews call center statistics such as Make Busy
4060 Time, Average Speed of Answer, and Average Talk Time to ensure key performance indicator
4061 goals are maintained. Daily monitoring of calls offered, calls handled, and abandoned calls
4062 ensure the highest service level and percentage of answered calls.
4063
4064 4. Payment Programs
4065
4066 a. Payment
4067
4068 Burrtec offers several convenient payment options for its customers. Payments can be
4069 made by (1) mailing a check, (2) subscribing to an electronic payment program, (3) a free
4070 24-hour automated call-in payment service using a touchtone keypad for credit card and
4071 electronic check payments, or (4) calling customer service to process an electronic check
4072 (ACH) or credit card payment. The flexibility to select payment options is offered at no
4073 additional charge. In addition to available electronic alternatives, customers are always
4074 welcome to visit our Santa Clarita office and process cash, check, or electronic payment in
4075 person. Eligible customers paying a full year in advance
4076 services provided.
4077
4078 b. Refunds
4079
4080 Burrtec's automated process ensures customers receive timely refunds of overcharges on
4081 advanced payments after canceling services. Refund requests are processed within 30
4082 days from the date of cancellation.
FINAL AGREEMENT Page 125 of 183
4083 Exhibit 8
4084 Collection Service Operations Plan
4085 in collection programs, processing and diversion
4086 have situated the company in a position to ensure that necessary resources will be available during the
4087 transition period and contract term.
4088
4089 1. Vehicles
4090
4091 New collection vehicles are on order to service the City of Santa Clarita in preparation for a contract
4092 award. Burrtec will utilize uniquely numbered, new model year 2023 vehicles with a useful life
4093 expectancy of fifteen (15) years. This will include:
4094
4095
Quantity Type Model Year Useful Life
4096
1 Automated Autocar Electric 2023 15
4097
26 Automated Autocar 2023 15
4098
16 Frontloader Autocar 2023 15 4099
4100
1 Scout Truck Freightliner 2023 15
4101
1 Bin/Barrel Flatbed Freightliner 2023 15
4102
4103 sition plan, collection vehicles are inspected
4104 periodically by Burrtec fleet personnel for conformance to required specifications. New collection
4105 vehicles received for operations undergo performance testing, onboard system installation,
4106 communication device setup, safety equipment checks, and fitted with appropriate identification
4107 requirements specified in the contract upon delivery. Additional fleet vehicles have been selected
4108 for use, ensuring no service interruptions at the onset of the contract. A complete inventory list will
4109 be provided to the City prior to contract service start date.
4110
4111 a) Automated Collection Vehicles
4112
4113 The automated side loader is equipped with an automated arm (integrated with the body),
4114 giving the best weight distributions and highest payloads. The 1,000-pound lifting mast reaches
4115 108" with a 10-second dump cycle. Carts may be dumped and returned from any position
4116 without retracting the lift. The self-leveling clamps handle 30-105-gallon carts. The packer
4117 design allows for better compaction,
4118 container clearance, and helps prevent
4119 spillage behind the compactor systems.
4120 The hydraulic packer computer system
4121 controls are preset to engage
4122 automatically after the programmed
4123 number of carts are dumped.
4124
FINAL AGREEMENT Page 126 of 183
4125 b) Commercial Collection Vehicles
4126
4127 The commercial front-end loader (FEL) is equipped with an automated arm and moveable fork
4128 system (integrated with the body), giving the best weight distributions and highest payloads.
4129 The 10,000-pound arm capacity fills a 12 cubic yard hopper and is specially equipped with a
4130 tipper mounted to the crossbar to service carts received from low-volume generators. The
4131 hydraulic packer computer system is preset to automatically engage after the programmed
4132 number of containers have been
4133 dumped. The packer design allows for
4134 better compaction, container
4135 clearance, and helps prevent spillage
4136 behind the compactor systems.
4137
4138 c) Other Vehicles
4139
4140 Bulky item collection vehicles may
4141 include a front loader for trash and a
4142 non-compacting flatbed for e-waste,
4143 white goods, and other recyclable
4144 material. Flatbed or box vans are used for
4145 barrel and bin delivery, exchange, and removal
4146 operations. Vehicle construction and design ensure
4147 solid waste or liquids will not blow, fall, shift or leak out
4148 of the truck onto the street. Scout trucks equipped with
4149 hook and chain hold-down equipment ensure bins are
4150 safely secured and withstand travel over steep or
4151 rough terrain. Every vehicle comes equipped with a
4152 shovel, broom, spill prevention kit, and fire
4153 extinguisher.
4154
4155 d) Specialized Equipment
4156
4157 Burrtec serves many customers throughout Southern California; some of these accounts may
4158 be in isolated, hard-to-service or have space limitations such as the Newhall and Sand Canyon
4159 service areas. Our experience includes hard-to-access mountain roads, unpaved desert roads,
4160 narrow roads, dirt roads, tightly developed urban areas, and other atypical roadways.
4161
4162 These service challenges may require smaller
4163 collection vehicles that can safely and effectively
4164 maneuver in difficult service areas. Custom-built
4165 for each circumstance; specialized vehicles
4166 include either manual or automated collection
4167 methods. While no single service option may be
4168 ideal, Burrtec is prepared to provide equipment
4169 alternatives to facilitate program compliance.
4170
4171 e) Vehicle Specifications
4172
4173 The requested vehicle specifications are identified
4174 below.
4175
Fuel # of # of Collection
Size GVWR Capacity
Type Axles Compartments
3
Side Loader CNG 36 yd 3 54,900 10 Ton One
3
Side Loader EV 36 yd 3 54,900 10 Ton One
3
Front Loader CNG 40 yd 3 54,900 10 Ton One
FINAL AGREEMENT Page 127 of 183
Fuel # of # of Collection
Size GVWR Capacity
Type Axles Compartments
Scout Truck CNG 1-3 Bins 2 26,000 5 Ton Zero
3
Flat Bed CNG 60 yd 2 26,000 5 Ton One
4176
Inner Radius
4177
4178 f) Reduction of Air Emissions and Wear & Tear on City Streets
4179
4180 Burrtec continues developing and implementing programs at its facilities with positive
4181 environmental impacts.
4182
4183 1) Reduced Air Emissions
4184
4185 Burrtec utilizes vehicles powered by Compressed Natural Gas (CNG). CNG is the same
4186 type of gas commonly used in household appliances and as a home heating source. The
4187 CNG clean fuel technology will help the environment by producing less exhaust emission
4188 pollutants than standard diesel-fueled trucks. Burrtec's current CNG fuel is derived from
4189 Renewable Natural Gas (RNG) resources produced in association with dairy farms and
4190 supplemented by landfills not eligible to meet SB 1383 procurement requirements. With
4191 these "near zero" trucks and investment in fueling system installation at the Santa Clarita
4192 Hauling Division, Burrtec remains committed to improving the environment. All alternative
4193 fuel vehicles are equipped with the L9N Near Zero Emission Gas Engine, compliant with
4194 current EPA, CARB, and South Coast AQMD emission requirements.
4195
4196 Burrtec will aid the City in achieving obligations set forth by the SB 1383 Procurement of
4197 Recovered Organic Waste requirements when reliable volumes of CNG transportation fuel
4198 become available. CalRecycle's current resource for anaerobic digesters
4199 https://www.calrecycle.ca.gov/organics/slcp/procurement includes a list titled California
4200 Anaerobic Digestion Projects Accepting Organics Waste from the Municipal Solid Waste
4201 Stream (May 2021). This list details the status of 34 statewide anaerobic digesters with the
4202 potential capability to create renewable CNG Transportation Fuel. Of the 34 facilities listed,
4203 the status indicates 3 "Inactive" and 16 "Pending," totaling 19 anaerobic digesters (55.88%)
FINAL AGREEMENT Page 128 of 183
4204 unavailable for use. Of the remaining 15 operational facilities, only five produce CNG
4205 transportation fuel required to meet SB 1383 procurement mandates for the entire state.
4206
4207 2) Reduced Wear & Tear on City Streets
4208
4209 Burrtec team members, who have lived in Santa Clarita for more than thirty years or have
4210 worked at the Santa Clarita Division for more than fifteen years, will conduct a thorough
4211 and comprehensive study of the existing routes currently operated by the incumbent within
4212 the franchise area during the implementation period. Burrtec's geographic information
4213 system (GIS) team members will develop route maps, verify routing requirements, and
4214 begin to develop the operational platform used by our drivers. GIS team members focus
4215 on key performance indicators to optimize routes, including but not limited to:
4216
4217 Container counts
4218 Tonnage generation
4219 Labor hours
4220 Fuel costs
4221 Miles driven per route
4222 Start times
4223 Distance to disposal sites
4224 Facility hours of operations
4225 Time sensitive stops (schools and shopping centers)
4226 Traffic flow and turns required
4227
4228 Route optimization sets the following goals:
4229
4230 Efficient use of resources and equipment
4231 Minimize the carbon footprint of the collection service
4232 Ensure the minimum number of changes and disruptions in collection service for
4233 existing customers
4234
4235 g) Vehicle Technology
4236
4237 (1) Lytx Safety System
4238
4239 The Lytx system is deployed on all Burrtec collection vehicles utilizing a combination of
4240 cameras, GPS, G-force measurement, and artificial intelligence (AI) to promote safe
4241 driving techniques, to detect possible accidents or unsafe activities, and specifically
4242 designed to work in areas with limited cell service. Burrtec uses the data collected through
4243 the Lytx system and transmitted to the Safety Team to train and coach safe behaviors and
4244 driving skills. The training consists of various methods that include one on one video
4245 reviews of unsafe acts or conditions and the posting of videos that demonstrate safe
4246 driving practices in driver breakroom areas. The Lytx system is utilized by fleets
4247 nationwide to reduce the potential for accidents and injuries. Burrtec currently has this
4248 system installed on over 600 vehicles. The Lytx system will meet the requirements for
4249 Video and GPS as outlined in the RFP.
4250
4251 (2) Global Positioning System (GPS)
4252
4253 GPS data will track a vehicle's path route with lines or dots superimposed on a map. Data
4254 is gathered, including date, time, speed, direction, location (address), and available in
4255 reports. Reports will be provided within two business days of the request for a specific
4256 time or a geographic area. Data is retained for a minimum of 14 calendar days. The
4257 minimum ping frequency of occurrence that GPS data is received from the vehicle will be
4258 at least every ten seconds for all vehicles when within the service area.
FINAL AGREEMENT Page 129 of 183
4259
4260 (3) Video Equipment
4261
4262 Burrtec's collection vehicles utilize forward video recording equipment to validate service
4263 complaints such as missed collections and other items of interest and a camera facing
4264 solid waste as it falls into the hopper. Video equipment will record once a vehicle leaves
4265 the yard during days of operation. Video will be geotagged for location, time/date stamped,
4266 and adequate resolution to identify the location serviced. Videos will be retained in an
4267 electronic format for a minimum of 14 calendar days. Copies of videos or screen capture
4268 of a specific day, time, or location will be provided within 48 hours of the request.
4269
4270 (4) Waste Facing Cameras
4271
4272 Onboard truck systems utilize cloud data platforms to document photographic evidence
4273 of contamination and cellular GPS systems to track and record service location, date, and
4274 time information. Onboard systems will aid in targeted route reviews.
4275
4276 h) Vehicle Appearance
4277
4278 All Burrtec collection vehicles will uniformly display the Burrtec color scheme, white with a bold
4279 horizontal burgundy stripe on the body and horizontal orange and burgundy stripes on the cab.
4280 Collection vehicles will be identified with the company name in a contrasting color and
4281 constructed such that solid waste or liquids will not blow, fall, sift, or leak out of the truck onto
4282 the street. Vehicles are repainted when reasonably required to maintain a positive public image.
4283 Vehicles are equipped with general safety equipment, fire extinguishers, shovels, broom, and
4284 spill prevention kits.
4285
4286 Automated side loaders and commercial collection vehicles may include promotional signs
4287 regarding recycling, diversion, and safe handling of unpermitted waste with text, graphics, and
4288 design approved by the City. The billboards can be
4289 changed periodically, with various trucks
4290 carrying different messages to maximize public
4291 education. Below is an example of an outreach
4292 sign currently used in the Santa Clarita
4293 franchise area.
FINAL AGREEMENT Page 130 of 183
4294
4295
4296 i) Vehicle Maintenance Program
4297
4298 Management ensures all divisions comply with Motor Carrier Safety regulations and terminals
4299 conform to the Basic Inspection of Terminals (BIT) Program standards. Each regulated vehicle
4300 is inspected per California Vehicle Code 34505.5. Beginning with training, monthly
4301 maintenance reviews and preventative maintenance programs are critical components to
4302 ensuring compliance. Each program component is continually reviewed for effectiveness,
4303 updated to maintain compliance, and has resulted in the Satisfactory rating on Safety
4304 Compliance Reports / Safety Record Updates conducted by the California Highway Patrol.
4305
4306 Training programs include but are not limited to:
4307
Topic Description
Safety Training CalOSHA required industry-specific safety training
College-level certification course authorizing
CNG Tank Inspector
employees to inspect CNG tanks
Air Conditioning (US EPA 609 Certification program authorizing employees to
Cert) recharge and troubleshoot AC systems
Oil Analysis Read and understand fluid analysis report results
Cummins Insite/QuickServe Use of Cummins engine software
Allison transmission Understand how to use Allison software
DOT OOS Criteria Understand out of service criteria
Tire/wheel OOS criteria Understand out of service criteria for tires
Tire/wheel mount & demount Safe installation and removal of tires
Tire repair How to safely repair a tire
Merritor Brake & Wheel Brake inspection training
Chassis/Air Brake ABS Understand how to service and maintain air systems
LNG/CNG Troubleshooting Troubleshoot fuel systems
CNG/LNG Hose & tubing Understand how to build and maintain fuel lines
Stop the Drop Hydraulic hose routing & spill prevention
ASL Arm Hydraulics Proper arm maintenance
Battery, alternator & starter Charging system maintenance
Suspension systems Understand how to service and maintain suspension
systems
Steering systems Understand how to service and maintain steering
systems
Cooling system maintenance Understand how to service and maintain cooling
systems
FINAL AGREEMENT Page 131 of 183
4308
4309 Standard operating procedures outline maintenance program requirements, record-keeping
4310 activities, and preventative maintenance schedules. Specific performance metrics are the focus
4311 of Burrtec's monthly maintenance review program. Key performance metrics include but are
4312 not limited to the following:
4313
4314 Labor hours and productivity
4315 Labor details by vehicle
4316 Out of service journal records
4317 Scheduled preventative maintenance completion
4318 Multiple vehicle repairs
4319 Major repairs required
4320 Non-safety sensitive backlog
4321
4322 j) Vehicle Maintenance Schedule
4323
4324 a yard by seasoned mechanics. Burrtec's robust
4325 preventative maintenance program will ensure all vehicles are in good, safe, neat, clean, and
4326 operable condition at all times. Collection vehicles will be thoroughly washed, steam cleaned,
4327 and regularly painted to present a clean appearance. Burrtec will make all collection vehicles
4328 available for inspection by City staff upon request. Burrtec agrees to replace or repair to the
4329 City's satisfaction any collection vehicle that the City determines to be of unsightly appearance
4330 or in unsatisfactory operating condition. Vehicle maintenance schedules are designed to
4331 ensure vehicles are maintained at the highest state of readiness.
4332
4333 1) Daily Inspections
4334
4335 Driver cab cleaning
4336 Driver vehicle inspections conducted
4337 Θ Air brake inspections
4338 Θ Pre-Trip - Before work commences
4339 Θ Visually - While on the route and during disposal operations
4340 Θ Post Trip - Upon completion of daily activities
4341
4342 2) Weekly Activities
4343
4344 Vehicle washing
4345 Vehicle brake inspections performed by the maintenance department
4346 Θ Air brake test completed
4347 Θ Brake shoes or pads inspected
4348 Θ Brake drums or rotors inspected
4349 Θ Air lines, cans, and brackets inspected
4350 Θ Wheel seals checked
4351 Θ Back up alarm tested
4352 Θ Back up lights inspected
4353 Θ Brake lights inspected
4354 Θ Back up camera inspected
4355 Θ Repairs reported, recorded, and completed
4356 Vehicle tire inspections performed by the maintenance department
4357 Θ Tire tread depth measured
4358 Θ Tires air pressure checked
4359 Θ Tires inflated to manufacturers' specs
4360 Θ Tires with defects or low tread changed
4361 Θ Tires matched by the tread depth
4362 Θ Repairs reported, recorded, and completed
FINAL AGREEMENT Page 132 of 183
4363
4364 3) Monthly Inspections
4365
4366 General vehicle inspections scheduled every 30 days comprising of over forty (40)
4367 items inspected on each vehicle in the following component groups
4368 Θ Vehicle Body
4369 Θ Hydraulic System
4370 Θ Engine Fluid Levels
4371 Θ Cooling System
4372 Θ Air & Brake System
4373 Θ Fuel System
4374 Θ Chassis and Suspension System
4375 Θ Cab Controls
4376 Θ Decals & Paint
4377 Θ Safety Devices
4378 Θ Camera System
4379 Θ Registration and Documentation
4380
4381 4) Quarterly Inspections (every 90 days)
4382
4383 Includes the monthly vehicle inspection and adds the following inspection
4384 requirements
4385 Θ Coolant sample sent for analysis
4386 Θ Coolant pH test
4387 Θ Engine oil sample sent for analysis
4388 Θ Engine air, fuel, and oil filter change
4389
4390 5) Semi-Annual Inspections (every 180 days)
4391
4392 Includes the monthly vehicle inspection and adds the following inspection
4393 requirements
4394 Θ Coolant sample sent for analysis
4395 Θ Coolant pH test
4396 Θ Change engine oil. Sample sent for analysis
4397 Θ Transmission, air, fuel, and oil filters changed
4398 Θ Transmission fluid sample sent for analysis
4399 Θ Hydraulic fluid sample sent for analysis
4400 6) Annual Inspections (every 365 days)
4401
4402 Includes the monthly vehicle inspection and adds the following inspection
4403 requirements
4404 Θ Inspection of the hydraulic system
4405 Θ Inspection of the transmission system
4406 Θ Coolant is changed and the sample sent for analysis
4407 Θ Manual Transmission/Differential general inspection
4408 Θ Manual transmission oil sample sent for analysis
4409 Θ Gear/differential fluid sample sent for analysis
4410
4411 7) Road Calls
4412
4413
4414 collection vehicles. Burrtec maintenance departments are equipped to respond rapidly to
4415 immediate driver needs if breakdowns occur. Designated technicians respond to drivers'
4416 "Road Calls" for assistance using vehicles specially equipped to remedy most mechanical
4417 failures that can occur in the field. An adequate amount of well-maintained spare
FINAL AGREEMENT Page 133 of 183
4418 equipment is available should repairs require the vehicle to be returned to the hauling yard
4419 or be placed out of service for an extended period. Burrtec's onsite approach allows
4420 technicians to respond within one hour of the breakdown, minimizes driver downtime, and
4421 reduces potential service delays.
4422
4423 2. Containers
4424
4425 Burrtec has secured an allotment of time in the manufacturing schedule for container production
4426 from its vendors to fulfill the contract award requirements. Consistent with SB 1383 regulations and
4427 contractual requirements, containers will be colored and labeled with the required languages and
4428 signage explicitly designed to facilitate diversion goals and convey general safety information.
4429
4430 a. Past Experience
4431
4432 Burrtec has long-standing relationships with two primary container manufacturers. For more
4433 than two decades, the Rehrig Pacific Company has manufactured Burrtec automated carts.
4434 Consolidated Fabricators, now Wastequip, has continued to supply Burrtec with commercial
4435
4436 partnership with these companies has provided a platform for Burrtec management team
4437 members to provide input in the design, operational efficiency, and supply chain management.
4438
4439 1) Rehrig Pacific
4440
4441 The Rehrig Pacific Company was first established in 1913. For over 100 years, Rehrig
4442 Pacific has believed the key to success lies in making products that give customers real
4443 advantage. Today, Rehrig Pacific is in its second century of business, carrying on under
4444 the leadership of the founder's great-grandson. The Rehrig Pacific Company continues to
4445 build upon its expertise in manufacturing and extensive knowledge of customers'
4446 operations to create new solutions for customers.
4447
4448 2) Consolidated Fabricators
4449
4450 Since 1974, Consolidated Fabricators has committed to delivering a line of solid and
4451 innovative products focused on performance, product development, fabrication, and
4452 delivery. Consolidated Fabricators has become a reliable business partner within the
4453 industry, and in 2020, Wastequip, the leading North American manufacturer of waste
4454 handling equipment, added Confab to its portfolio of brands. This acquisition allows Confab
4455 additional operating efficiencies to serve its customer base better.
4456
4457 b. Sufficiency of Capacity
4458
4459 Customers will be able to choose a variety of se
4460 separated container collection system when considering their material stream volumes and
4461 individual need for flexibility. Cart and bin serviced sectors, including multi-family complexes,
4462 will be included in the source-separated system. Customers will be able to source separate
4463 recyclables, organics, refuse, and food waste. This service combination is designed to
4464 maximize diversion while minimizing the contamination of customized services amongst
4465 customers. The variety of services offered will enable service recipients to receive clean,
4466 efficient, and cost effective collection services. Available container dimensions are shown
4467 below. Additional recycling and organic waste containers are always available to customers
4468 upon request.
4469
FINAL AGREEMENT Page 134 of 183
Container Dimensions
Container Height Width Depth
4470
4471 c. Bin Enclosures and Limited Space
4472
4473 1) Bin Enclosures
4474
4475 Burrtec aims to maximize container utilization
4476 and operational efficiency when collecting
4477 waste, recyclables, and organics. Efficiency is
4478 realized when the driver uses minimal
4479 movements to position containers for
4480 servicing. Appropriately sized enclosures,
4481 containers, and service frequency assist in
4482 maximizing collection efficiency, driver safety,
4483 and reducing wear and tear on City streets by
4484 limiting the number of times vehicles enter the
4485 premises each week. Properly sizing
4486 enclosures and providing an adequate number
4487 and size of containers reduce overfilled
4488 occurrences, accumulation of materials next to
4489 the container, and the use of unauthorized
4490 containers for material storage. Burrtec
4491 maintains staff capable of assisting City
4492 Planning Departments with urban planning
4493 and development expertise specifically suited
4494 to address "Design Guidelines for Solid Waste, Recyclable, and Organics Enclosures."
4495
4496 Enclosures must be designed to comply with applicable building requirements, including
4497 14 CCR Section 18989.1 CalGreen Building Codes as outlined in SB 1383 regulations.
4498 Enclosures must be located no more than 150 feet from any residential unit for multi-family
4499 residential projects. Ideally, containers should be placed so that they can be easily
4500 accessed and are not blocking each other. Adequate area should be kept around the bin
4501 so that lids can be shut when not in use.
4502
4503 Some businesses and multi-family projects prefer to store collection containers in a room
4504 or area attached to the business or residential project. These may be acceptable storage
4505 methods if the area complies with City development standards with bins positioned in a
4506 manner Burrtec can efficiently access for service.
4507
4508 The actual type and amount of service will depend upon the specific needs of a business
4509 oordinators will first use this information to
4510 conduct site visits to customers, verify container counts, schedule follow-up waste
4511 assessments, and begin "right-sizing" recyclable and organic recovery programs. Burrtec
4512 staff will validate compliance with AB 827 and SB 1383 regulations when conducting waste
4513 audits and assessments or processing waiver applications.
FINAL AGREEMENT Page 135 of 183
4514
4515 2) Limited Space
4516
4517 Burrtec will provide alternative container sizes to residential customers and older shopping
4518 centers with limited parking and no enclosures such as Old Town Newhall, Lyons Avenue,
4519 and Sierra Highway. Alternative container sizes will have the same commodity selections
4520 as would have been initially provided. For
4521 provided in instances where larger containers could not be accommodated due to space
4522 restrictions for cart storage or set out sites.
4523
4524 Additional containers are also available in instances with commercial businesses or multi-
4525 family dwellings. Burrtec will assist the City with waiver-related activities under SB 1383
4526 requirements as listed below.
4527
4528 Upon customer request
4529 Collected and review waiver applications
4530 Determining initial qualifications
4531 Record keeping and retention
4532
4533 Waivers will be valid for not more than five years. Customers may request a waiver for the
4534 business' organic waste collection requirements if the amounts of organic waste are as
4535 follows.
4536
4537 Less than 20 gallons for businesses that produce two cubic yards or more of total
4538 solid waste per week or
4539 Less than 10 gallons for businesses that produce less than two cubic yards of total
4540 solid waste per week
4541
4542 Customers with legitimate space constraints requesting a waiver from their obligation to
4543 recycle organic waste should be applicable in limited scenarios. Limited space waiver
4544 requests are expected to decrease in use over time once building standards include
4545 adequate container space requirements for organic waste collection. Physical space
4546 waiver applications will include photographic evidence when submitted for approval.
4547
4548 d. Container Appearance
4549
4550 Variable container sizes will be available to suit customers' individual needs. Burrtec will
4551 provide SB 1383 colors and labels for all container sizes. Labels for each service sector will
4552 maintain continuity with messaging to strengthen the education and outreach efforts.
4553 Residences can expect to see the same prohibited and authorized materials for each container
4554 at their home and place of business.
4555
4556 1) Container Durability
4557
4558 All containers used by Burrtec are durable, easy to clean, and will:
4559
4560 Θ Maintain its original shape and appearance
4561 Θ Require no routine maintenance and essentially be maintenance-free
4562 Θ Not warp, crack, discolor, or otherwise deteriorate over time in a manner that will
4563 interfere with its intended use
4564 Θ Resist damage from everyday products and chemicals
4565 Θ Be incapable of penetration by biting or clawing animals (i.e., dogs, cats, and
4566 raccoons)
4567 Θ Included wheel and axle assemblies to provide continuous maneuverability and
4568 mobility as initially designed and intended
FINAL AGREEMENT Page 136 of 183
4569 Θ Resist degradation by ultraviolet radiation, airborne gases, or particulate matter
4570 currently present in the ambient air
4571
4572 Each container will be provided with a lid that continuously overlaps and comes in contact
4573 with the container body or otherwise causes an interface with the container body that
4574 simultaneously:
4575
4576 Θ Prevents the intrusion of rainwater, rodents, birds, and flies
4577 Θ Prevents the emission of odors
4578 Θ Enables the free and complete flow of material from the container during the dump
4579 cycle without interference with the material already deposited in the truck body or
4580 the truck body itself and its lifting mechanism
4581 Θ It permits users of the container to conveniently and quickly open and shut the lid
4582 throughout the serviceable life of the container
4583
4584 Cart lid designs prevent an empty container from tilting backward when flipping the lid
4585 open. The lid will be hinged to the cart body in such a manner to enable the lid to be fully
4586 opened, free of tension, to a position whereby it will rest against the backside of the
4587 container body and remains closed in winds up to 25 miles per hour from any direction.
4588
4589 2) Automated Carts
4590
4591 The cart's body, made from up to 40% recycled material content and identified by a unique
4592 serial number will include the company name or brand in a contrasting color. The cart lids
4593 will include text and graphics listing each respective cart's acceptable and non-acceptable
4594 items. General cart use information such as hazardous waste reminders is also included.
4595 Informational graphics will reinforce the cart's intended use and serve as a convenient
4596 reminder to customers. Below are the SB 1383 in-mold labels for trash, recycling, and
4597 organic waste cart lids used in other service areas.
4598
BLACK
ORGANICS
FINAL AGREEMENT Page 137 of 183
4599
4600
4601
4602 3) Commercial Bins
4603
4604 Below are the standard bin specifications and SB 1383 bin labels for trash, recycling, and
4605 organic waste containers used in other service areas. Containers will include text and
4606 graphics listing the acceptable and non-acceptable items. General use information such
4607 as hazardous waste reminders is also included. Graphical information will reinforce the
4608 container's intended use and serve as a convenient reminder to customers.
4609
4610 Standard Bin Specifications
4611
4612 Θ Plastic durable lid
4613 Θ 14 Gauge construction with flanged corners and horizontal "V" groove ribs front,
4614 back, and bottom
4615 Θ 12 Gauge interlocking banding
4616 Θ 11 Gauge 4" x 8" Full-length gusseted fork channels - on ends reinforced at pick-
4617 up points (2" recess or flush front & rear). 1, 1 1/2, 2 cubic yd with 4 gussets per
FINAL AGREEMENT Page 138 of 183
4618 channel, 3 cubic yd with 6 gussets per channel, 4 cubic yd with 8 gussets per
4619 channel
4620 Θ Channels are available on the bottom with 4 gussets per channel
4621 Θ Zinc plated lid rod with 90-degree bend and nylon lock nut
4622 Θ Lid holders to hold lids open
4623 Θ Lid ears to accommodate plastic or steel lids
4624 Θ 6" roller bearing rubber swivel casters with grease fittings (450 lb. capacity each)
4625 Θ 10 Gauge caster plates with flange for strength
4626 Θ Interior coated with automotive underseal or rust-inhibitive alkyd primer
4627 Θ Exterior (including the bottom) painted selected colors with alkyd enamel paint
4628
4629
4630
4631
4632
4633
4634
4635
4636
4637
4638
4639
4640
4641
4642
4643
4644
FINAL AGREEMENT Page 139 of 183
4645 e. Container Maintenance Program
4646
4647 cility is centrally located in the City of Santa Clarita at
4648 a local hauling facility allows Burrtec, in many
4649 cases, to complete bin repairs, bin washing, and paint requirements sooner than the contract
4650 requires. Burrtec will maintain an adequate container inventory and parts in sufficient quantities
4651 to deliver or replace containers within five service days of the request. The City will be informed
4652 of inadequate inventory concerns or manufacturer delays.
4653
4654 Burrtec will replace or repair containers observed to be damaged or at the request of the City,
4655 customer, or occupant. Fees may be charged for missing or damaged containers due to the
4656 customer or occupant's negligence. Minor damages that do not impede the ability to collect
4657 materials nor pose a safety concern are generally
4658 service day. Containers damaged from extraordinary circumstances or requests for repair or
4659 replacement from the City, customer, or occupant will be completed as agreed upon at the time
4660 of notification but no later than as required by the franchise agreement. In all cases, Burrtec
4661 will ensure the customer's safety, and the functionality of containers remains the priority.
4662
4663 3. Route Operations
4664
4665 a) Advantages to Collection Vehicles Chosen
4666
4667 Vehicles are operated in compliance with the California Vehicle Code, applicable safety
4668 standards, and local ordinances. The Burrtec fleet benefits from three specific advantages:
4669
4670 Use of alternative renewable fuels. Burrtec's use of alternative fuels minimizes pollution,
4671 reduces fuel costs, and capitalizes on renewable natural gas produced at dairy farms
4672 and landfills. Renewable natural gas procurement further reduces the demand for natural
4673 resources.
4674 State of the art technology. Many Burrtec vehicles bodies are specifically designed for
4675 longevity and to collect the maximum payload possible using advanced materials such
4676 as Hardox® wear and abrasion-resistant steel. Coupled with the Lytx Safety System
4677 and GPS technology, the number of vehicles and routes required for service is
4678 significantly reduced, eliminating unnecessary wear and tear on City streets. Additional
4679 technological vehicle advances offered to the City of Santa Clarita are highlighted in the
4680 der Environmental Stewardship.
4681 Conscientious of neighborhoods and families. Burrtec's equipment complies with US
4682 EPA noise emission regulations, currently codified in 40 CFR Part 205 and other
4683 applicable noise control regulations. Such noise control features are incorporated
4684 throughout collection vehicles. Noise levels of equipment utilized for collection activities
4685 comply with respective ordinances. They do not exceed 75 dcb when measured at a
4686 distance of 25 feet from the vehicle, five feet from the ground.
4687
FINAL AGREEMENT Page 140 of 183
4688 b) Driver Responsibilities
4689
4690 Burrtec drivers are primarily responsible for safety and service.
4691 Burrtec drivers are courteous, keep a personally clean
4692 appearance, demonstrate a professional demeanor, and are
4693 friendly at all times. Drivers maintain the accuracy of their route
4694 sheets, including proper quantities and container sizes, and
4695 use notification tags for prohibited container contaminants
4696 discovered while servicing the routes. Drivers are considerate
4697 when working near residences in the early a.m. hours, pack
4698 loads only when necessary, and are on the lookout for
4699 potential hazards involving children and pedestrians, animals,
4700 vehicles, blind intersections, overhead obstacles, and poorly
4701 lit areas. Drivers ensure all spillage of trash and enclosures
4702 are clean after servicing containers. Drivers will advise their
4703 supervisor or dispatcher of discrepancies or errors
4704 encountered. Notifications allow necessary corrections to be made expeditiously. A copy of
4705 Burrtec's "Driver Handbook" containing a complete list of safety requirements, driver
4706 responsibilities, and company expectations can be provided to the City upon request.
4707
4708 c) Anticipated Driver Productivity
4709
# of
# of Vehicle
Total On Total # of
# of # of # of Containers Passes
Route Operations Route Route Containers
Crew Trucks Routes Collected / per
Hours Hours Collected
Hour Customer
per week
Residential Trash 1 118 107
11 11 52,825 90 1
Residential
1 86 78
Recycling 8 8 47,181 110 1
Residential
1 8 8 86 78
Organics 54,498 127 1
Commercial Trash 1 88 80
8 8 6,639 14 Up to 6
Commercial
1 5 5 55 50 4,764 16 Up to 6
Recycling
Commercial
1 22 20
Organics 2 2 2,132 18 Up to 6
Bulky Collection 1 10 9
1 1 Varies Varies Varies
Barrel / Bin
1 10 9
Delivery
1 1 Varies Varies Varies
Scout Bin Route 1 4 3.5
1 1 Varies Varies Varies
4710
4711 d) Operational Communications
4712
4713 When a customer contact requires Burrtec action, the CSR generates a work order. Work
4714 orders transmitted electronically become the dispatcher's responsibility to schedule fulfillment
4715 of the service request promptly.
4716
4717 Each day, drivers are given detailed route sheets and supplemental work orders. Route sheets
4718 include account notes and work orders to provide the driver with specific service requests or
4719 instructions provided by the customer. Additional customer requests requiring same-day
4720 service are communicated to the driver by dispatch throughout the day. The driver will confirm
4721 to dispatch when work is complete.
FINAL AGREEMENT Page 141 of 183
4722
4723 Before leaving the route for the day, drivers will contact on-site dispatch making their "Last
4724 Call." Last Call communications ensure all work is completed prior to returning to the yard.
4725 Upon returning to the hauling yard, drivers will check in with dispatch to complete a final
4726 reconciliation of scheduled versus completed work. The hauling
4727 Santa Clarita allows for rapid response times and same day service in many cases.
4728
4729 The Route Supervisor monitors the status of all Work Orders to ensure timely fulfillment and
4730 weight tickets for DOT compliance. Any CSR can access Work Orders at any time to monitor
4731 status. Work order fulfillment timeliness depends upon the nature of the order. For example,
4732 Dispatch attempts to resolve orders regarding service issues on the day received, while a Bulky
4733 Item collection would be scheduled for the customer's next regular collection day.
4734
4735 e) Driver Contamination Monitoring
4736
4737 Drivers will use two primary methods to determine the type of prohibited container
4738 contaminants they may encounter. These methods consist of process and task identification
4739 techniques used to determine container contamination types that may be present.
4740
4741 Process Identification: Drivers determine what type of business uses the containers serviced.
4742 Suppose a driver is at a fast-food establishment, and there are no recycling or organic waste
4743 collection containers present. In that case, drivers will look for corrugated material or food waste
4744 in the refuse containers during service and report findings accordingly.
4745
4746 Task Identification: Roll off drivers servicing containers at a construction site will notify dispatch
4747 when organic waste is observed in the construction & demolition box that could otherwise have
4748 been collected in an organics container.
4749
4750 Drivers will place notification tags educating customers on prohibited contaminants found.
4751 Burrtec will inform generators on proper container utilization techniques and how contamination
4752 can be corrected at discovery and using standard mail or notifications sent via e-mail. Red tags
4753 are applied to residential customer carts and a visible contamination decal for commercial bins.
4754
4755
4756
4757
4758
4759
4760
4761 f) Annual Service Level and Billing Audit Approach
4762
4763 1) Audit Plan
4764
4765 Burrtec has developed a comprehensive plan to conduct annual route audits. This plan
4766 utilizes trained Burrtec professionals experienced with equipment, auditing jurisdictions,
4767 and our work order system and the processes required to resolve exceptions.
4768
4769 The route audit will be conducted over multiple weeks, and allows our auditors to physically
4770 visit each customer within the City. Each auditor is fully trained to conduct these audits to
4771 meet all CalRecycle and City requirements.
4772
4773 Auditors are equipped with tablets to document observations in real-time while on the route
4774 and minimize data transfer errors. Each auditor will follow route lists specially designed for
4775 each project which will detail customer account information in such a way as to allow
4776 auditors to capture multiple commodities in a single visit to the customer's location on a
4777 scheduled service day. Completed data will be downloaded nightly and reviewed by the
FINAL AGREEMENT Page 142 of 183
4778 audit management team. An exception list will be generated from the data and provided to
4779 appropriate personnel for processing. Exceptions-based work orders will be created for the
4780 operations team to remedy timely and on a customer's future service day.
4781
4782 Burrtec will supply designated City personnel a detailed report upon completing the route
4783 audit containing information on the procedures followed, of the names of the employees
4784 who conducted the audit, a description of changes required resulting from the audit, and a
4785 plan to resolve any exceptions still needing to be rectified. Included in the report presented
4786 to the City will be the backup data.
4787
4788 2) Route Maps
4789
4790 Santa Clarita route maps will be included in the final report. Route maps will consist of city
4791 overviews for residential and commercial customers for each commodity. City boundaries
4792 will be highlighted to demonstrate proof that all routes exist within City limits.
4793
4794 Commercial routes are designed to serve a specific geographic area throughout the week
4795 within City boundaries. Only one map will be shown for each trash, recycling, and organics
4796 commercial route. In addition to route overviews, individual route maps per service day will
4797 be provided for residential collection activities and arranged by commodity.
4798
4799 3) Route Audit Team
4800
4801 The route audit team is comprised of two groups. Burrtec's most seasoned auditor leads
4802 the route audit management team with countless experiences in coordinating, conducting,
4803 and validating account information. Additionally, the route audit management team will
4804 include the Regional Hauling Manager and Santa Clarita Division Manager directly
4805 responsible for the hauling operations within the City of Santa Clarita to remedy any
4806 exceptions generated from the audit.
4807
4808 The route audit team members are comprised of a variety of skill positions within the
4809 organization and operate out of multiple divisions. Route audit team members bring
4810 industry knowledge of container conditions, work order processes, and computer skills, all
4811 necessary to complete the contractual compliance requirement. Route audit team
4812 members range from yardmen, to office staff capable of executing field audit operational
4813 tasks and include seasoned drivers from multiple divisions.
4814
4815 4) Route Audit Team Training
4816
4817 Route audit team training will consist of individual components administered by the route
4818 audit management team. The route audit team has extensive knowledge in completing City
4819 of Santa Clarita commercial audits for nearly two decades, critical to efficient and effective
4820 audit execution.
4821
4822 The first phase of training will be conducted in an office environment. The training will
4823 outline an overview of the audit, including contract requirements, review map orientation
4824 and City boundaries, and familiarization with the iPad and forms completed while onsite.
4825 The second phase of training will consist of bin and cart contamination requirements. Using
4826 actual examples of equipment in the field, the route audit management team will ensure
4827 each auditor clearly understands what container contamination is.
4828
4829 Next, the route audit management team will conduct live field tests with each route auditor.
4830 Field tests ensure proper use of the electronic tablets, confirm auditors understand
4831 expectations, and ensure data transfer and exception reports can be generated from the
4832 information collected by the route audit team.
4833
FINAL AGREEMENT Page 143 of 183
4834 5) Conducting the Audit
4835
4836 Auditors will arrive at each customer's location and select the appropriate or prohibited
4837 materials found in each container observed, quantity of containers on site, and size of each
4838 container. Audit results and corrections will be provided to the City as required.
4839
4840 4. Facilities
4841
4842 a) Designated Facilities
4843
4844 Burrtec corporate offices and hauling operations facilities used to service the City of Santa
4845 Clarita are listed below:
4846
Distance to City Center
Facility Location
26000 Springbrook Ave
Hauling Operations 2.7 miles
Santa Clarita, CA 91350
9890 Cherry Ave Fontana,
Corporate Offices 76.5 miles
CA 92335
4847
4848 Burrtec proposes delivering solid waste, commingled recyclables, and organics to the facilities
4849 listed below.
4850
Distance to
Commodity Disposal Facility Facility Owner Location
City Center
Solid Waste/ 29201 Henry Mayo
Chiquita Landfill Waste Connections 9.2.Miles
Residue Drive, Castaic 91384
20745 Santa Clara
Recyclables Rent-a-Bin Randfam Inc. Street, Santa Clarita 6.1 Miles
91351
20745 Santa Clara
Organic
Rent-a-Bin Randfam Inc. Street, Santa Clarita 6.1 Miles
Waste
91351
e-Recyclers of e-Recyclers of 7230 Petterson Ln
E-Waste 45.4 Miles
California California Paramount, CA 90723
4851
4852 Organic waste will be collected and hauled by Burrtec
4853 and processed through the proposed Rent-a-Bin
4854 facility. The Rent-a-Bin facility is currently in the
4855 process of acquiring the proper Solid Waste Facility
4856 Permit to receive, process, and transfer organic waste
4857 by July 1, 2023. More details about the Facility will be
4858 provided as the permitting process progresses.
4859
4860 b) Estimated Recovery Rates Net of Residue
4861
Permitted
Commodity Disposal Facility Recovery Rate
Capacity
Recyclables Rent-a-Bin TBD TBD
Organic Waste Rent-a-Bin TBD TBD
4862
FINAL AGREEMENT Page 144 of 183
4863 c) Operational Limitations of Recycling and Organic Waste Processing
4864
4865 1) Organic Waste Processing
4866
4867 As of April 7, 2022, Rent-a-Bin is only permitted to accept green waste for chip and grind
4868 processing activities. Recent discussions with Rent-a-Bin have indicated that they are
4869 currently in the permitting phase to process organic waste to include bagged food waste
4870 collected with the green waste, source separated food waste, and manure. Rates and
4871 diversion estimates will not be available until the facility is permitted and constructed
4872
4873 Rent-a-Bin remains the primary facility selected to receive organic waste material. In the
4874 unlikely event, Rent-a-Bin has not received their permits to process organic waste onsite
4875 by July 1, 2023, materials would be deliver
4876 strategic partner, Agromin as an interim solution.
4877
4878 However, in order to receive and transfer the materials to Agromin, the Rent-A-Bin facility
4879 requires a Solid Waste Facility Permit. In the unlikely event Rent-a-Bin has not received
4880 their permits by July 1, 2023, as a temporary solution, Burrtec will use Sun Valley Paper
4881 Stock Material Recovery Facility and Transfer Station to receive and transfer organic
4882 material to an Agromin facility.
4883
4884 As soon as Rent-a-Bin receives the proper permitting and completes facility construction,
4885 appropriate materials will be redirected to Rent-a-Bin.
4886
4887
Sun Valley Paper Stock Material Recovery Facility & Transfer Station is the alternative
4888
transfer facility to Rent-A-Bin. Designed for an ultimate peak throughput of 1,250 tons per
4889
day (TPD) and is permitted for 750 TPD. This is a typical transfer station responsible for
4890
load checking green waste and food waste loads to remove large pieces of contamination
4891
before materials are sent to Agromin's permitted organic waste processing facilities listed
4892
below. The materials will be placed in a pile on the transfer station floor and are typically
4893
transferred the same day. Burrtec has an existing working relationship with Sun Valley
4894
Paper Stock for the transfer of materials for several franchised areas. There is adequate
4895
capacity to receive and transfer the materials from Santa Clarita.
4896
4897 Agromin. With the increase in organic material availability, Burrtec has partnered with
4898 Agromin, established in 1972 is a family-owned and operated company. Agromin is
4899 currently operates nineteen (19) organic
4900 materials processing facilities in California, with plans to develop additional locations. Each
4901 year, Agromin manages over 1.2M tons of organic waste materials through its own
4902 processing facilities and its strategic partners' facilities. With over 200 dedicated
4903 employees working within 15 counties, Agromin proudly serves more than 200
4904 communities throughout California. To date, Agromin has responsibly transformed over 8M
4905 tons of organic waste into organic products for use in agriculture, landscape, and retail
4906
4907 of SB 1383 regulations.
4908
4909 Agromin Oxnard Organics Recycling Facility has been operating for two decades
4910 and has served as a research facility for covered aerated static pile (CASP)
4911 technology. Located in Oxnard, this facility accepts up to 200 tons per days of
4912 green waste, agricultural processing waste, and wood waste. Agromin Oxnard
4913 Compost Facility is permitted and has capacity to accept the Santa Clarita green
4914 waste tonnages.
4915
4916
Agromin Mountain View Organic Waste Processing Facility has a Solid Waste
4917
Facility Permit and will be operational in late 2022 before the July 1, 2023,
4918
contract date. This facility will receive and process 300 tons per day (TPD) of food
FINAL AGREEMENT Page 145 of 183
4919
materials, organic waste, and compostable fibers from the commercial solid waste
4920
collection routes. The resulting 210 TPD of slurry may be used for anaerobic
4921
digestion operations, and may eventually be processed into on-site animal food
4922
production and fertilizer.
4923
4924 Agromin Rancho Cristobal Compost Facility is expected to be permitted before
4925 July 1, 2023 and will also have available capacity for Santa Clarita green waste
4926 tons. This site will receive 200 tons per day of green waste for composting in the
4927 hills of Ventura County to produce compost for mine reclamation projects and for
4928 regenerative carbon farming by sequestering compost in the rangelands. Agromin
4929 is concurrently developing partnerships to implement carbon farming on
4930 rangeland, which can be considered for voluntary carbon offset credits.
4931
4932 2) Recyclable Material Processing
4933
4934 Rent-a-Bin cannot offer processing fees or diversion rates until permitting and
4935 construction nears completion. Burrtec has a currently working relationship with Rent-a-
4936 Bin and has frequent and regular communications regarding the current and future facility.
4937
4938 Rent-a-Bin currently accepts single-stream materials generated in the Santa Clarita Valley
4939 for transferring to off-site processors. Burrtec transfers collected materials to its Burbank
4940 Recycle Center (SWIS 19-AA-1149) located at 500 S Flower Street, Burbank, CA 91502.
4941 Until Rent-a-Bin secures permits and constructs a facility, Burrtec will continue to utilize
4942 Rent-a-Bin to transfer its recycling materials to the Burbank recycling facility.
4943
4944 d) How Recyclable Materials Will Be Marketed and Sold, Contingencies
4945
4946 Recyclable Material
4947
4948 Currently, commodity markets are relatively stable. Plastic markets now have more options
4949 to ship to domestic mills. Markets have adjusted to the elimination of China as a significant
4950 consumer of recycled materials. Quality standards remain high and challenge Material
4951 Recovery Facilities, given the contamination levels in most recyclable streams. Shipping
4952 to overseas markets can be complicated with existing trade imbalances, resulting in a lack
4953 of space on outbound ships. Recyclable materials are currently averaging an estimated
4954 $41.33 per ton in gross revenue before processing and residue charges. Burrtec continues
4955 to expand its network of international and domestic outlets and brokerage firms to increase
4956 the marketability of materials collected and diversion potential.
4957
4958 In each case markets fluctuated, Burrtec has been able to address the situation through a
4959 combination of strategies including, but not limited to, sourcing out new markets, improving
4960 processing output quality, and stockpiling material until conditions improve. Burrtec will
4961 continue to use these same strategies in the future and is capable of adding emergency
4962 storage capacity if necessary.
4963
4964 Organic Waste Material
4965
4966 Burrtec will coordinate and cooperate with the City of Santa Clarita to assist in meeting its
4967 recycled organic waste procurement targets as required by SB 1383 regulations. The
4968 following programs should all be considered:
4969
4970 Community compost giveaway events
4971 City parks landscape, medians, and turf enhancements where recycled organic
4972 products are used to minimize water usage and improve soils
4973 Compost used in stormwater detention basins to promote vegetation growth
FINAL AGREEMENT Page 146 of 183
4974 Utilizing renewable natural gas derived from organics conversion technologies
4975 as alternative fuel or electricity
4976 Burrtec can act on behalf of the City of Santa Clarita as a direct service provider
4977 to procure compost and deliver material to a network of customers in the
4978 agricultural community.
4979
4980 5. Safety
4981
4982 a. Staffing Safety Requirements
4983
4984 Burrtec's safety program is managed by its Safety Director and includes training, preventive
4985 programs, and driver pre-employment risk evaluations. New drivers undergo extensive
4986 classroom and in-cab training before being approved for solo operation.
4987
4988 Reporting to the Director of Safety, Driver Trainers coach drivers throughout the organization
4989 to reinforce safe driving and work behaviors. Driver Trainers participate in in-cab ride-a-longs
4990 with the driver, conduct field training events, hold classroom training, participate in post-incident
4991 retraining, and review data collected by the onboard truck safety systems.
4992
4993 Periodically, route supervisors will conduct route observations both in-cab and following
4994 vehicles. Route observations are meant to allow the employee an opportunity to demonstrate
4995 safe work practices, defensive driving skills, and complete a written assessment of these
4996 activities. Drivers will receive a copy of the observation and have the opportunity to provide
4997 feedback.
4998
4999 All employees participate in routine safety meetings and scheduled refresher training
5000 division managers, and route supervisors.
5001
5002 Safety training topics include, but are not limited to, the following:
5003
Accident Prevention Signs and Injury and Illness Prevention Handling Procedures
Tags Program Manual Collection Activities
Bloodborne Pathogens Lockout / Blockout Program Using a Front End Loader
Code of Safe Practices -LO/BO - General Training Manual Collection Activities
Confined Spaces -LO/BO - Driver Training Using a Side or Rear Loader
Emergency Action Plan -LO/BO - Packer Cleaning Roll Off Collection Activities
Driver Ergonomics Procedure Roll Off & Auto Tarp Equipment
Driver Responsibilities Packer System Cleaning &
Fall Protection Maintenance Policy Clearance
Fire Prevention Awareness Machinery & Equipment Safety Roll Off Box Specifications
Hazard Communication Policy Bin / Scout Truck Activities
Hearing Conservation Compaction Equipment Hook & Chain Hold Down
Heat Illness Prevention Plan Personal Protective Equipment Procedures
-HIPP - Provisions of Water Respiratory Protection Manual Container Activities
-HIPP - Access to Shade Awareness Using A Flat Bed Truck
-HIPP - Emergency Vehicle Fuels & Fuel Safety Manual Bulky Item Collection
Procedures Automated Collection Activities Activities
-HIPP - Heat-Related Commercial Collection Manual E-Waste Collection
Symptoms Activities Activities Using a Flat Bed
-HIPP - High Heat Procedures Safe Commercial Bin Truck
Industrial Lifts (Forklifts)
5004
5005 Each vehicle is equipped with a two-way radio, general safety kit, broom, shovel, spill
5006 prevention kit, and fire extinguisher. The Santa Clarita on site dispatch department serves as
5007 the center for all driver-route supervisor-customer service communications. This
5008 communication system enables the field operations staff to promptly address safety issues and
FINAL AGREEMENT Page 147 of 183
5009 service encounters such as locked gates, equipment malfunctions, or late set-outs. It also
5010 effectively advises drivers when customers are ready for collection after mitigating a non-
5011 collection issue.
5012
5013 Additional employee trainings include:
5014
Drug & Alcohol Testing Policy Smoking Policy
Employee Handbook Acknowledgement
Meal Rest Period Policy
Cell Phone Policy
Paid Sick Leave Policy
Employee Privacy &
Employee Rights under FMLA
Confidentiality Policy DMV Pull Notice
Dress Code Policy Acknowledgment
Unlawful Harassment & Discrimination Policy DFEH California Family Rights Act
Attendance Policy Overweight Policy
DFEH Pregnancy Leave
5015
5016 Burrtec continually works to update its safety program. Following are highlights of the
5017 programs, training, and recently improved systems.
5018
5019 1) Proprietary Backing Accident Prevention Program
5020
5021 The Backing Prevention Program was developed to help field trainers and supervisors
5022 teach and prevent backing accidents from occurring. This training was given to all
5023 management and drivers that operate company on-road equipment and included written
5024 performance tests. Burrtec experienced an immediate reduction in backing accidents.
5025 Today, all new drivers are taught this technique and must pass both tests before driving
5026 equipment on their own.
5027
5028 2) Supervisors Hands-On Prevention Training
5029
5030 Every quarter, the Burrtec management team receives regular safety training. Topics have
5031 included post-accident investigation techniques, interactive trainer training lessons,
5032 regulatory updates, and injury prevention subjects. New management team members also
5033 receive in-depth training in smaller class sizes.
5034
5035 3) Lytx Safety System
5036
5037 In late 2019, Burrtec began the deployment of the Lytx Safety System throughout the entire
5038 fleet. With the help of cameras, g-force sensors, and real-time artificial intelligence
5039 software, management can instantly review safety-sensitive behavior and correct it.
5040
5041 Lytx safety systems help Burrtec ensure that the fleet operates at maximum efficiency,
5042 security, and safety while keeping risks to a minimum and avoiding false claims made
5043 against drivers. Lytx safety systems work by using telematics and vehicle tracking systems
5044 like GPS to record vehicle information sent to advanced software programs that analyze
5045 the stream of data. These software programs offer reports on location, speed, idling time,
5046 mileage, and driver alerts to help Managers discover trends and insights that point to
5047 opportunities for driver efficiency improvements.
5048
5049 The term "telematics" is a combination of two areas of technology; telecommunications and
5050 gned to send data over high-speed cellular
5051 connections. The data contains vehicle location, direction, speed, driver alerts, and
5052 recorded video.
5053
5054 The Lytx safety system has many components with specific best practice uses, such as:
FINAL AGREEMENT Page 148 of 183
5055
5056 in real-time for safety-related issues that
5057 may arise
5058 Managers and route supervisors will regularly review safety
5059 procedures with drivers and operators
5060 system will prompt drivers each time they
5061 engage in risky behaviors and encourage them to improve their performance
5062 without managerial intervention.
5063
5064 and use the video as a coaching tool to connect with drivers
5065
5066 enforcement to validate that Burrtec drivers did not cause alleged damage
5067
5068 4) Load Fire Procedures
5069
5070 Unfortunately, fires in trash trucks are a common occurrence that
5071 put lives, equipment, and community property at risk. In 2019,
5072 Burrtec augmented its load fire procedures and submitted
5073 them to the San Bernardino County Fire Chief for review and
5074
5075 adopted by the San Bernardino County Fire Department as
5076 a recommended Best Practice in the County."
5077
5078
5079 Lockout/Tagout, Heat Illness, Hearing, and Respiratory Protection have been reviewed by
5080 Cal/OSHA and found to comply.
5081
5082 b. Physical, Drug, and Alcohol Testing Requirements
5083
5084 Burrtec's Human Resources Director manages pre-employment physicals, pre-employment
5085 drug testing, and random drug testing. We use local clinics in Santa Clarita, including
5086 Concentra on Soledad.
5087
5088 Burrtec complies with the U.S. Department of Transportation and Federal Motor Carrier Safety
5089 Administration (FMCSA) requirements to test under specific criteria, including the following:
5090
5091 An accident
5092 Perform reasonable suspicion testing as required
5093 Participate in a random testing program for drugs and alcohol with DOT and non-DOT
5094 personnel who drive company vehicles or are in safety-sensitive positions
5095
5096 c. Hazardous Waste Management Protocols
5097
5098 Inadvertently collected hazardous materials are a persistent problem facing the waste industry.
5099 If hazardous waste is found, the customer is notified using a non-collection notice as an
5100 education process for the customer and a safety measure for both driver and the City of Santa
5101 Clarita. Drivers are trained in identifying, and notification procedures to avoid the unintended
5102 collection of hazardous materials including unpermitted waste and e-waste. Vehicle cameras
5103 are used to assist drivers to spot hazardous materials while tipping carts whenever possible.
5104
5105 ers, Route Supervisors, and Recycling Coordinators conduct
5106 routine and periodic waste audits and inspect containers before they are serviced.
5107
5108 Burrtec has successfully implemented the following system to address the disposal of
5109 unpermitted materials:
FINAL AGREEMENT Page 149 of 183
5110
5111 Driver training on identifying hazardous materials
5112 Continual education to the customers regarding the dangers of improperly disposing of
5113 hazardous materials
5114 Non-collection notices to be attached to
5115 hazardous materials have been identified in the container
5116 Informing residential customers of local household hazardous waste collection events
5117 dous Waste website and phone number.
5118 www.greensantaclarita.com or 661-259-CITY
5119 Labels notifying customers of the prohibition of discarding unpermitted waste in the solid
5120 waste, recyclables, or organic waste containers
5121
5122 In the event hazardous materials are found in the waste stream, Burrtec has established the
5123 following procedures:
5124
5125 Once the driver identifies a suspected hazardous waste
5126 situation, the local route supervisor is contacted to isolate the
5127 material or load
5128 The material will be manifested and transported for proper
5129 disposal by a licensed hazardous waste hauler contracted by
5130 Burrtec. Removal of hazardous material will be in accordance
5131 with all local, state, and federal laws and regulations, including
5132 DOT Title 49 CFR and the United States EPA Title 40 CFR
5133 The local Department of Environmental Health and Director of
5134 Public Works is contacted, and steps are ta
5135 material.
5136 Investigative efforts are made to establish the source of the material and the
5137 generator(s) involved. When sources are identified, the customer is contacted as
5138 appropriate
5139 Appropriately label containers containing unpermitted waste
5140
5141 Burrtec staff will notify the City if unpermitted waste is identified or suspected to be located on
5142 public property.
5143
5144 d. Health and Safety Management Procedures
5145
5146 Every California employer must establish, implement and maintain a written Injury and Illness
5147 Prevention (IIP) Program. The program must be available at the Santa Clarita Division, each
5148 workplace, or central location if the employer has non-fixed worksites. The requirements for
5149 establishing, implementing, and maintaining an effective written injury and illness prevention
5150 program are in Title 8 of the California Code of Regulations, Section 3203 (T8 CCR 3203).
5151
5152 Burrtec has implemented a comprehensive Injury and Illness Prevention Program (IIPP). The
5153 program is designed to "PREVENT" workplace accidents, injuries and illnesses. Burrtec's Injury
5154 and Illness Prevention Program is complete with communication protocols, training
5155 requirements, and personal protective equipment standards. Burrtec promotes the safest and
5156 healthiest working environment possible for all employees.
5157
5158 1) Communication
5159
5160 Communication is critical to ensuring a safe environment for our employees, the
5161 communities, and customers. Burrtec recognizes that open, two-way communication
5162 between management and staff on health and safety issues, service concerns, and
5163 customer feedback is essential to an injury-free, productive workplace. The following
5164 communication system is designed to facilitate a continuous flow of safety and health
FINAL AGREEMENT Page 150 of 183
5165 information between management and staff in a manner that is readily understandable and
5166 consists of the following items:
5167
5168 New hire orientation including a discussion of safety and health policies and
5169 procedures
5170 Annual review of our Injury and Illness Prevention Program
5171 Workplace safety and health training programs
5172 Θ Driver Training Manual
5173 Θ Code of Safe Work Practices
5174 Θ Heat Illness Prevention Plan
5175 Regularly scheduled and as required safety meetings
5176 Θ Specific training as required or when new hazards are identified
5177 Θ Weekly tailgate meetings
5178 Θ Monthly safety meetings
5179 Effective communication of safety and health concerns between workers and
5180 supervisors, including translation
5181 Θ Safety quizzes when applicable
5182 Θ Safety demonstrations when applicable
5183 Posted or distributed safety information and the use of appropriate signage
5184 Θ Employee bulletin boards
5185 Θ Electronic message boards
5186 Θ Heat illness prevention cards
5187 Θ Lock Out/Tag Out information cards
5188 A system for workers to inform management about workplace hazards
5189 Θ Open communication during tailgates, meetings, and as needed with local
5190 management
5191 Θ Direct contact to the Human Resources department outside of the chain of
5192 command
5193 Θ During periodic site visits by Human Resources representatives
5194 Θ Open door policy at all levels of management, including local, regional, and
5195 executive
5196 Θ Safety suggestion box maintained at the facility
5197 Θ Anonymous reporting system
5198 Program administrators and management team members meet quarterly, review
5199 investigations of accidents and exposures, consider employee suggestions, and
5200 make suggestions to executive management to prevent future incidents.
5201 Θ Company Safety Accident Frequency Review program
5202
5203 Management ensures that all employees communicate and understand all safety and
5204 operational policies and procedures. Managers and supervisors are expected to enforce
5205 the company policies fairly and uniformly. Burrtec ensures that effective communication by
5206 voice, observation, or electronic means is maintained so employees can contact a
5207 supervisor when necessary. Other communication systems have been implemented to
5208 ensure drivers can inform management about workplace hazards or concerns.
5209
5210 2) Training
5211
5212 Burrtec is firmly committed to maintaining a safe and healthy work environment. To achieve
5213 this goal, all newly hired employees have specific, required training that must be
5214 completed. Training is verified and approved after each training phase and before the
5215 employee is released to perform assigned job duties. Working with the Safety Team,
5216 Division Managers have sole responsibility to ensure training is completed and there is
5217 zero-tolerance for employees assigned work without the required training.
5218
FINAL AGREEMENT Page 151 of 183
5219 Burrtec intends to reduce the risk of accident and injury to anyone by providing practical
5220 employee training. It is the employee's responsibility to utilize this training and perform their
5221 job safely. The employee clearly understands that safety ALWAYS comes first and
5222 EMPLOYEES are the most valuable asset at Burrtec. Therefore, there is NEVER a good
5223 reason to take a shortcut, compromise safety, or not follow safe work practices.
5224
5225 Phase I Training - Classroom
5226
5227 Initial new hire training for all staff members centers on orientation, health & safety,
5228 and familiarization with the company and its values. Set in the classroom
5229 environment, the initial training phase allows the supervisor, human resources
5230 representative, and senior management to focus on each newly hired employee
5231 individually. Each initiative is structured to promote two-way communication and
5232 includes safety topic quizzes to ensure objectives are understood.
5233
5234
5235
5236 Drivers undergo additional training in the field and partner with seasoned drivers
5237 or driver trainers before being released to duty. Driver-specific training establishes
5238 weekly initiatives requiring verification, review, and certification confirming that
5239 objectives and performance standards are consistent with company expectations.
5240 The employee must successfully demonstrate each learning objective and perform
5241 the skills test. Practical application reviews are also performed during
5242 unannounced route observations.
5243
5244 Minimum 50 Hour Safety Training Certification
5245
5246 Read and Understands Concepts in the Handbook
5247 Can Explain Criteria for CDL Disqualification
5248 Can Explain Company Cell Phone Policy
5249 Can Explain the Proper Use of PPE
5250 Can Explain What To Do in an Emergency, Fire, Spill, or Hazardous Waste
5251 Observation
5252 Can Explain What To Do if There is an Accident or Injury
5253 Can Explain the Use of Vehicle Safety Equipment (Lytx Safety System,
5254 Backup Alarm, Fire Extinguisher, Spill Kit, Seat Belt)
5255
5256 Minimum 100 Hour Safety Training Certification
5257
5258 Demonstrates the Proper Use and Operation of Truck Controls
5259 Demonstrates the Proper Use and Operation of Hydraulic Controls
5260 Demonstrates How to Conduct a Proper Pre / Post Trip
5261 Demonstrates How to Complete a Proper Air Brake Test
5262 Demonstrates Proper Cab Cleaning and Window Washing Requirements
5263
5264 Minimum 150 Hour Safety Training Certification
5265
5266 Demonstrates How to Drive Defensively
5267 Demonstrates Safe Backing Procedures
5268 Demonstrates How to Lock Out the Vehicle Properly
5269 Demonstrates How to Clean the Packer per Procedure Properly
5270 Demonstrates How to Service Containers Safely
5271 Demonstrates Safe Disposal Site Practices
5272 Demonstrates How to Fuel the Vehicle Safely
5273 Successfully pass the Safe Work Practices skills test.
5274
FINAL AGREEMENT Page 152 of 183
5275
5276
5277 During the first 60 days of full duty, the new employee will receive additional
5278 training and follow-up verifying proficiency in safety policies and practices.
5279 Additional training includes but is not limited to the following:
5280
5281 Attend a minimum of two safety meetings
5282 Attend a minimum of two tailgate meetings
5283 Successfully Completing One Pre Trip Driver Route Observation
5284 Successfully Completing One On Route Driver Route Observation
5285 Successfully Completing One In-Cab Driver Route Observation
5286 Successfully Completing One Disposal Site Driver Route Observation
5287 including Packer Cleaning Procedures
5288 Successfully Completing One Post Trip Driver Route Observation
5289
5290 Burrtec drivers are assigned routes for the long-term, and they quickly become
5291 familiar with their service areas. Burrtec often works with local agencies as a
5292
5293 the lookout for suspicious activity in this program. Over the years, Burrtec drivers
5294 have initiated several suspicious activity reports to local law enforcement agencies
5295 and provided vehicle camera footage to aid investigations.
5296
5297 3) Personal Protective Equipment
5298
5299 Burrtec's supplies, uniforms, driver identification, and safety devices are all standard-
5300 issued equipment. Drivers are provided brooms, shovels, and liners in addition to Personal
5301 Protective Equipment (PPE).
5302
5303 The purpose of the Personal Protective Equipment
5304 (PPE) is to minimize injury to Burrtec employees
5305 through the proper use and care of personal protective
5306 equipment while servicing each customer. Employees
5307 receive the correct PPE for their assigned job, in the
5308 right size or style, and understand its care and use.
5309 Periodic job observations identify changing needs for
5310 the use of PPE. Changes that may affect the need or
5311 use of PPE may include changes in the process,
5312 equipment, personnel, surrounding environment, and
5313 how tasks are performed. When such changes are
5314 identified, Division Management, in cooperation with
5315 the Safety Department, further assesses the need for
5316 additional or updated PPE.
5317
5318 Burrtec takes great pride in the safety and appearance
5319 of its employees. The driver's appearance is the first
5320 personal contact with customers, leaving a lasting
5321 impression. Therefore, the driver's appearance and
5322 presentation are critical in maintaining good customer
5323 relations. Burrtec provides standardized uniforms to all
5324 operations employees, including route supervisors,
5325 drivers, mechanics, and yard personnel, to assist in this
5326 effort. Burrtec contracts with a professional uniform supply company to provide all
5327 operations personnel with clean uniforms every week. Dark gray pants and a light gray
5328 shirt with high visibility safety striping characterize uniforms. Each shirt is embroidered to
5329 include the company name and employee name. Uniforms are laundered weekly and
5330 repaired or replaced as necessary to maintain a professional appearance.
FINAL AGREEMENT Page 153 of 183
5331
5332 Each Division clearly defines all areas and tasks for which PPE is required. The type of
5333 PPE required is documented for each area and task associated with PPE use. PPE must
5334 be inspected prior to and as appropriate during each use for defects such as holes, tears,
5335 scratches, signs of material deterioration, cracks, poor closure, or any other sign of
5336 degradation which may affect PPE performance. PPE with defects is immediately removed
5337 from service, replaced, or repaired. Best Management Practices for each type of PPE
5338 utilized by employees is assessed and established by the Safety department. The following
5339 requirements apply to the various types of PPE listed below.
5340
5341 Hard hats are required when employees are outside of the vehicle at all transfer stations,
5342 disposal sites, and processing facilities, as well as construction sites.
5343 Hard hats are worn in areas where falling overhead objects, material,
5344 or electrical installations could present a hazard to employees' heads.
5345 Bump caps are not authorized substitutes for hard hats.
5346
5347 Protection against impact, particles, chemical splash, molten materials,
5348 or flash is provided to employees for face, neck, and eye safeguards.
5349 Contact lenses and regular prescription glasses are not considered
5350 protective, and appropriate eye protection must be worn as required.
5351 Eye protection is worn when employees are outside the vehicle at all
5352 transfer stations, disposal sites, processing facilities, and entering any
5353 area designated for Eye Protection.
5354
5355 Hand protection must be worn when servicing containers or outside
5356 of the vehicle at all transfer stations, disposal sites, or processing
5357 facilities. A variety of gloves are
5358 hands from abrasion, temperature extremes, chemical hazards,
5359 physical hazards, particulates, electrical hazards, radiation, or
5360 bloodborne pathogens where necessary. Gloves are correctly
5361 examined prior to each use for their ability to protect the employee
5362 against a particular hazard.
5363
5364 Each uniform contains the company and employee name for
5365 identification. High visibility (reflective) clothing is provided to
5366 employees exposed to public or private vehicular traffic or heavy
5367 equipment. The high visibility clothing is intended to provide
5368 conspicuity of the wearer in any light condition when viewed by
5369 operators of vehicles or other mechanized equipment during
5370 daylight conditions and under illumination of headlights in the dark.
5371 When the company-issued high visibility uniform shirt is covered by
5372 a non-high visibility garment (i.e., a sweatshirt or jacket), a high
5373 visibility vest is required as the outer-most garment. High visibility
5374 clothing must be worn outside the vehicle at transfer stations,
5375 disposal sites, or processing facilities. Reflective vests are provided to Santa Clarita drivers
5376 as temperatures can vary 30 to 40 degrees in a single day. The reflective vests issued fit
5377 over employee jackets to ensure visibility.
FINAL AGREEMENT Page 154 of 183
5378
5379 Foot protection with closed toes is worn in areas where objects could
5380 present a chemical or physical hazard to the foot. Any employee who
5381 spends time in areas (more than a "casual" walk-through) that require
5382 foot protection must wear safety shoes. Drivers and helpers must wear
5383 foot protection/safety shoes that have puncture-resistant soles and
5384 sturdy support for ankles. Maintenance staff must wear foot
5385 protection/safety shoes that meet the ANSI 75 Standards as approved
5386 by Cal OSHA. Foot protection must have oil-resistant soles and steel
5387 toe/tech toe. Foot protection must be worn outside the vehicle at
5388 transfer stations, disposal sites, or processing facilities.
5389
5390 During normal operations, drivers are most often exposed to noise
5391 levels below safety thresholds. Maintenance department noise
5392 exposure is considered intermittent and impulsive, which, in most
5393 cases, can be predetermined, allowing employees to take
5394 precautions prior to engaging in the action (e.g., when a shop
5395 employee engages a compressor, earplugs can be used prior to
5396 engagement). Earplugs are available and used during intermittent
5397 and impulsive noise exposures.
5398
5399 During the Santa Clarita summer it can be over 100 degrees for several
5400 consecutive days. Water is a crucial preventative measure to minimize
5401 the risk of heat-related illness. All employees working outdoors have
5402 access to potable drinking water. Suppose the supply of water to the
5403 Jobsite is not plumbed or otherwise continuously supplied. In that case,
5404 water is provided in sufficient quantity at the beginning of the work shift
5405 to ensure at least one quart per employee per hour for drinking
5406 throughout an entire shift. Santa Clarita dispatchers communicate with
5407 drivers every 2 hours to avoid heat related emergencies.
5408
5409 PPE and PPE storage bags are provided to each employee to
5410 ensure that PPE is stored and protected from factors that might
5411 degrade its performance. These factors include sunlight, heat,
5412 extreme cold, excessive moisture, chemicals, dust, and physical
5413 distortion. It is the employee's responsibility to maintain and store
5414 their PPE correctly. Replacements are provided if the PPE
5415 becomes damaged or has reached its useful life. Each PPE bag
5416 has information tags with high heat, lock out/tag out, and brake
5417 inspections reminder checklists.
5418
5419 6. Reporting
5420
5421 a. Detailed monitoring and reporting
5422
5423 Burrtec will collaborate with the City to maintain records and distribute reports required to
5424 demonstrate City and State compliance directives. Burrtec will assist the City of Santa Clarita
5425 in documenting SB 1383 and other related legislative requirements using the Recyclist
5426 platform. Burrtec's mobile Recyclist platform and database allow users to track qualified
5427 customers, edible food generators (as applicable), food recovery organizations and services,
5428 material processing waste characterizations, educational and outreach activities conducted,
5429 route audit results compiled, complaints investigated, and recycled organic material products
5430 procured. Burrtec's platform will enable the City of Santa Clarita to export information from the
5431
5432 compliance. Designated monitor activities and
FINAL AGREEMENT Page 155 of 183
5433 compliance as they occur. Reports will be transmitted to the City designee electronically as
5434 required.
5435
5436 b. Method Used to Track Tonnage
5437
5438 To supplement SB 1383 compliance monitoring and reporting requirements, Burrtec's Disposal
5439 Reporting System identifies, records, and tracks valuable solid waste, recyclables, and organic
5440 materials collection and disposal information. This Disposal Reporting System allows Burrtec
5441 to provide the jurisdictions with accurate and up-to-date information required to meet all AB
5442 939, AB 341, AB 1594, AB 1826, SB 1383 and landfill-related reporting requirements.
5443 Information submitted to the City is formatted and categorized to reflect the State's Source
5444 Reduction and Recycling Element guidelines and indicates the City's percentage of diverted
5445 materials.
5446
5447
5448
5449 c. Process for Reporting Complaints
5450
5451 Customer service representatives document complaint calls in the Customer Record
5452 Management System. Management team members review daily complaint logs ensuring
5453 appropriate resolution and follow-up. Burrtec will coordinate with the City to investigate any
5454 applicable complaints required by SB 1383 regulations. Burrtec's local management team
5455 maintains a computer database log of all applicable oral and written complaints received from
5456 customers or other persons. Complaint records will be provided to the City for periodic review
5457 as required.
5458
5459 7. Scavenging
5460
5461 Burrtec drivers are assigned routes for the long-term, and they quickly become familiar with their
5462 service areas. Burrtec often work
5463 Wheels.' Burrtec drivers become another set of eyes on the lookout for suspicious activity and
5464 scavenging in this program. Burrtec will make reasonable business efforts to discourage
5465 scavenging. Containers may be marked with language approved by the City and personnel will
5466 advise persons witnessed removing recyclable materials that their conduct is in violation of the City
5467 ordinance and can lead to penalties. Scavenging encounters will be documented and made
5468 available to the City upon request.
5469
5470
5471
FINAL AGREEMENT Page 156 of 183
5472 Exhibit 9
5473 City-Approved Processing and Disposal Facilities
5474 The City has approved the following Disposal Facilities, Organic Waste Processing Facilities, Material
5475 Recycling Facilities, and Transfer Stations to manage the specified services and otherwise assist the
5476 Contractor in the performance of the requirements of the Agreement. The Maximum Services Rates in
5477 Exhibit 1 assume all material is delivered to the approved facility. Any City-directed changes to any other
5478 non-approved facility will be considered a City-directed change in accordance with Section 30.01. The
5479 capabilities and capacities of such facilities may change during the term of this Agreement; as such City
5480 reserves the right to redirect materials to alternate facilities in accordance with any such changes.
5481 Disposal Facility
Approved City Facilities
SWIS Enforcement Agency
Number Site Name County (LEA/EA)
19-AA-0052 Chiquita Canyon Sanitary Landfill Los Angeles Los Angeles County
5482
5483 Transfer and Processing Facilities
Approved City Facilities
SWIS Enforcement Agency
Number Site Name County (LEA/EA)
19-AA-1095 Rent-a-Bin (Inert Type A Operation) Los Angeles Los Angeles County
19-AA-1096 Rent-a- Bin (Chip and Grind Operation) Los Angeles Los Angeles County
19-AA-1097 Rent-a-Bin (Small Vol. CDI Operation) Los Angeles Los Angeles County
19-AR-0011 Rent-A-Bin Los Angeles Los Angeles
5484 Note: In the event that a fully permitted organics processing facility is developed at 20745 Santa Clara
5485 Street, consistent with the existing agreement between the City of Santa Clarita and RANDFAM INC.
5486 (d.b.a., Rent-a-Bin), the City reserves the right to direct the flow of organic material to this location for
5487 processing in compliance with the requirements of SB 1383.
5488
FINAL AGREEMENT Page 157 of 183
5489 Exhibit 10
5490 Sustainability and Compliance Plan
5491 1. The Burrtec Approach to Programs and Facility Requirements
5492
5493 ility development is the right fit for the City of
5494 Santa Clarita, based on knowledge and familiarity with
5495 principles:
5496
5497 Employ Best Management Practices
5498 Conform to State guidelines and directions
5499 Think local
5500 Partner with regulatory agencies
5501
5502 a) Best Management Practices
5503
5504
5505 organic materials, and disposing of non-recyclabl
5506 Best Management Practices, meaning the practices that nationwide are determined to be the
5507 most effective and the most practical from technological, economic, environmental, and
5508 sociological viewpoints.
5509
5510 From the alternatives available (multi-stream recycling, single-stream recycling, and mixed-
5511 waste processing), Burrtec has invested in the Single Stream processing approach for the
5512 following reasons:
5513
5514 The single-stream approach is the indu
5515 Practice
5516 Waste generators are engaged in helping reach the goal because they make decisions
5517 daily about what to recycle and what to dispose of
5518 Waste generators do not need to make the secondary sorting decisions and store the
5519 multiple containers needed for individual commodities that the multi-stream recycling
5520 approach requires
5521 Collection of single-stream materials is more efficient and economical than with the
5522 multi-stream approach
5523 The feedstock quality for materials recovered at the source is far superior to that
5524 recovered from mixed-waste processing
5525
5526 b) State Guidelines
5527
5528 statewide 75 percent diversion goals, which focus
5529 on four components: edible food recovery, source reduction, recycling, and organic waste
5530 like alternative daily cover, transformation,
5531 waste tire-derived fuel, and beneficial reuse at landfill disposal sites do not count toward the
5532 statewide recycling goal.
5533
5534 c) Think Local
5535
5536 Transporting recyclable and organic materials long distances for processing tips the
5537 greenhouse gas scale in the unfavorable direction when the GHGs of long-haul transportation
5538 are included in the formula. For this reason, Burrtec has focused its efforts on facilities such
5539 as Rent-a-Bin located in and near the Santa Clarita Valley communities that it serves.
5540
FINAL AGREEMENT Page 158 of 183
5541 d) Partnership; Standards Development and Education
5542
5543 Burrtec contributes to defining Best Management Practices for Southern California by being
5544 actively involved with State and Regional government.
5545
5546 CalRecycle, San Bernardino and Riverside
5547
5548 training workshops and public education purposes
5549 Burrtec has hosted an SCAQMD study of air emissions at its West Valley MRF
5550 composting facility for the purpose of developing compost facility air quality standards
5551 SB 1383 Municipal Program Overview as an educational
5552 tool on their SB 1383 Short-Lived Climate Pollutant website.
5553 https://www.calrecycle.ca.gov/Organics/SLCP/education
5554
5555 Burrtec senior management are actively engaged with Local Enforcement Agencies and
5556 CalRecycle in the development of regulatory standards for siting, permitting, and operating
5557 organics processing facilities.
5558
5559 2. Meeting Diversion Requirements
5560
5561 The planned three container residential and three-plus container commercial source-separated
5562 diversion programs will be new to some residents and businesses of Santa Clarita. Consequently,
5563 it will take them some time to develop new habits. The SB 1383 added requirement for residential,
5564 mixed organic waste recycling places responsibilities upon jurisdictions to enforce compliance.
5565 Local enforcement of the adopted ordinances will be critical to the success of diversion programs.
5566 Burrtec will begin outreach and waste assessments with commercial and residential customers well
5567 before the Franchise Agreement start date. Per the draft Franchise Agreement for solid waste
5568 collected in the City of Santa Clarita, Burrtec proposes achieving the recycling requirements
5569 outlined in the Agreement. However, Burrtec proposes an alternative diversion calculation
5570 methodology that assures consistency with current and future CalRecycle requirements as further
5571 explained in the exceptions section.
5572
5573 For Agreement Years 2023 and 2024, the minimum annual Franchised Diversion Rate requirement
5574 will be forty percent (40%), and CalRecycle Diversion standards will be fifty-five percent (55%).
5575
5576 For Agreement Years 2025 and 2026, the minimum annual Franchised Diversion Rate requirement
5577 will be forty-five percent (45%), and CalRecycle Diversion standards will be sixty percent (60%).
5578
5579 For Agreement Years 2027 and 2028, the minimum annual Franchised Diversion rate requirement
5580 will be fifty percent (50%), and CalRecycle Diversion standards will be sixty-five percent (65%).
5581
FINAL AGREEMENT Page 159 of 183
5582 For Agreement Years 2029 and 2030 and each Calendar Year thereafter, during the Agreement
5583 term, the minimum annual Franchised Diversion rate will be fifty-five percent (55%), and
5584 CalRecycle Diversion standards will be seventy percent (70%).
5585
5586 For Agreement Years 2031 and each Calendar Year thereafter, during the Agreement term, the
5587 minimum annual Franchised Diversion rate will be sixty percent (60%), and CalRecycle Diversion
5588 standards will be seventy-five percent (75%).
5589
5590
5591
5592 Θ During the entire term of the Agreement, the City shall employ good faith efforts in
5593 performing AB 341, AB 1826, and SB 1383 compliance enforcement
5594 Θ Burrtec shall be allowed to count Self-Haul and Third-Party tonnage diverted as part of the
5595 Franchised Diversion Rate Calculation for tons of material handled in a manner that counts
5596 as diversion from all accounts receiving refuse collection service from Burrtec as outlined
5597 the Draft Agreement
5598 Θ Burrtec shall be allowed to count the City of
5599 part of the Franchised Diversion Rate Calculation for tons of material handled in a manner
5600 that counts as diversion from all accounts receiving refuse collection service from Burrtec
5601
5602 3. Diversion Programs
5603
5604 Burrtec has always been at the forefront of material processing and landfill diversion efforts. We
5605 take pride in our environmental stewardship and in partnering with our customers and
5606 communities to achieve sustainability goals.
5607
Single Multi-City
Diversion Programs Commercial
Family Family Services
Legislative Compliance X X X X
SB 1383 Education, Outreach, and Training X X X X
Variable Size Container
X X X X
Collection
Source Separated Recyclables X X X X
Special Event Collection Services X X X X
Source Separated Organics X X X X
Service Level Selection X X X X
Bulky Item Collection X X X X
Container Contamination Minimization X X X X
Holiday Tree Collection X X X X
Debris Box Collection X X X X
Construction & Demolition Processing X X X X
Compost Delivery and Give Away X X X X
Onsite Waste Consultation X X X
Source Separated Green Waste X X X
Source Separated Food Waste X X X
Manure X X X
Edible Food Recovery Assistance X X
Sharps Program X X
Clean-Up Days X X
Paper Shred-Events X X
Home Composting Units X X
Textile, Carpet, & Mattress Events X X
City Sponsored Events X
Litter Abatement X
Code Enforcement Clean-Up X
FINAL AGREEMENT Page 160 of 183
Single Multi-City
Diversion Programs Commercial
Family Family Services
Illegal Dumping Clean-Up X
City Park Service X
Additional Programs as Required X X X X
5608
5609 4. Diversion Facilities
5610
5611 a. Rent-a-Bin (Conservation Station)
5612 20745 Santa Clara Street, Santa Clarita, CA 91766
5613 Owner/Operator: Randfam, Inc.
5614
5615 Burrtec will eventually deliver blue cart recycling and green cart organics, per
5616 to Rent-a-Bin (tpd to be determined) processing facility. Until the permitting and construction
5617 has been completed, Burrtec will utilize Sun Valley Paper Stock.
5618
5619 b. Sun Valley Paper Stock
5620 8701 San Fernando Road, Sun Valley, CA 91352
5621 Owner/Operator: Sun Valley Paper Stock TS and MRF
5622
5623
5624
5625 Burrtec will deliver green container organic source-separated material to the 1250 tpd Sun
5626 Valley Paper Stock Large Volume Transfer Station. SVPS will be used as a contingency for
5627 organic waste material transfer during construction and permitting at the Rent-a-Bin facility.
5628
FINAL AGREEMENT Page 161 of 183
5629 5. Program Schedule
5630
5631 With the approval of the City, Burrtec will do the following prior to the actual Franchise Agreement
5632 start date:
5633
5634 Inform and educate customers on the full range of all services offered, including container
5635 exchange and cleaning, annual events schedule, and container utilization protocols
5636 Advise customers on selecting container sizes to maximize diversion and the potential
5637 cost benefits of increased diversion
5638 Education requirements established in SB 1383 regulations not already completed by the
5639 City
5640 Provide customers with a comprehensive list of acceptable and non-acceptable items for
5641 each container
5642 Recyclable Materials include but are not limited to:
5643
Aluminum cans Magazines/catalogs
Aerosol cans Newspaper
Aseptic containers Paper
Brochures Paper tubes
Cardboard Phone books
Cereal boxes Pizza boxes
Clothes hangers Plastic containers #1-#7
Computer paper Plastic film
Coupons Plastic milk jugs
Envelopes Plastic bags
Frozen food boxes and trays Polystyrene (Styrofoam)
Glass bottles/jars Tin cans
Glass cosmetic bottles Tissue boxes
June mail Wrapping paper
Laundry bottles
5644
5645 Organic Materials include but are not limited to:
5646
Fruits Teabags
Vegetables Coffee grounds
Cooked meats Plate Scrapings
-Beef Food Soiled Paper
-Pork Tree Trimmings
-Poultry Prunings
-Seafood Grass Cuttings
-Shellfish Dead Plants
Bones Flowers
Rice Leaves
Beans Branches
Pasta Similar materials generated through landscaping
Bread activities
Cheese Similar materials generated through construction
Eggs and Eggshells activities
5647
5648 While program implementation, education, and outreach efforts work simultaneously throughout
5649 the year, key tasks for the first year of service will be realized in the quarters below.
5650
5651
5652
FINAL AGREEMENT Page 162 of 183
5653 a. First Quarter
5654
5655 Begin meetings with key City staff monthly to review, at a minimum, program
5656 performance, current and anticipated activities, specific outreach performed to promote
5657 high participation in diversion programs, the ability for customers to change service
5658 levels, awareness of additional services, approve methods to monitor contamination, and
5659 customer messaging on diversion programs
5660 Educate City staff and customers on relevant legislative requirements and provide
5661 recommendations to City facilities on increasing recycling participation and decreasing
5662 contamination
5663 Develop and distribute public education and outreach material for all customers
5664 Sustainability/compliance representative(s) begin site visits and provide public education
5665 and outreach to customers supporting diversion requirements
5666
5667 b. Second Quarter
5668
5669 Waste evaluations and route reviews for customers and at City facilities
5670 Educate City staff on proper container utilization techniques, source reduction, and
5671 prohibiting contamination
5672 Collaborate with education agencies on Earth Day activities, legislative requirements,
5673 container utilization techniques, and prohibiting contaminants
5674
5675 c. Third Quarter
5676
5677 Focus on right-sizing container services at businesses and multi-family facilities based
5678 on a compliance review and results from route reviews conducted
5679 bility and Compliance plan for the upcoming year
5680 detailing measures intended to increase par
5681 areas, and outline planned education and outreach activities
5682 Implement the school education and outreach program at the start of the fall semester.
5683 The program will include but is not limited to school resources, kid's activities, flyers, and
5684 onsite outreach. School programs are tailored to the appropriate education level and the
5685 audience receiving the information
5686 Annual reporting compilation and submittal
5687
5688 d. Fourth Quarter
5689
5690 Tier 2 customer identification, education, and outreach activities in preparation of edible
5691 food recovery expansion of generators set to begin in 2024
5692 Holiday messaging and collection activities
5693 Compliance monitoring plan for the upcoming year, including onsite training for service
5694 recipients
5695 Annual services notice informative brochure development in preparation for annual
5696 distribution
5697
5698 Subsequent years will follow similar formats and will include implementing targeted program
5699 changes, education, and outreach efforts tailored to support diversion requirements based on the
5700 results found in the fieldwork completed. Program modifications and additional education and
5701 outreach activities will first be approved by the City prior to implementation and conform to SB 1383
5702 regulation requirements.
5703
5704 Understanding that a full complement of on-going education, outreach, and evaluation activities will
5705 be required to achieve the diversion goals outlined in the RFP. The diversion plan schedule below
5706 identifies key milestones completed
FINAL AGREEMENT Page 163 of 183
5707 waste diversion goals. Significant attention to potential additional program development and
5708 outreach may be necessary to reach the Franchised Diversion Rate of 60% by 2031.
5709
Sector
Milestone
2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
Education &
X
X
X
X
X
X
X
X
X
X
Outreach
Route Reviews
X
X
X
X
X
X
X
X
X
X
Residential
Container Size
Adjustments
X
X
X
X
X
X
X
X
X
X
Record
&
Keeping
X
X
X
X
X
X
X
X
X
X
Multi -Family
Enforcement
Support
X
X
X
X
X
X
X
X
X
Diversion
X
X
X
X
X
X
X
X
X
X
Programs
Education &
X
X
X
X
X
X
X
X
X
X
Outreach
Route Reviews
X
X
X
X
X
X
X
X
X
X
Container Size
X
X
X
X
X
X
X
X
X
X
Adjustments
Commercial
Business
X
X
X
X
X
X
X
X
X
X
Commercial
Requirements
(includes
Education
mixed -use
Edible Food
service
Recovery
X
X
X
X
X
X
X
X
X
X
recipients)
Assistance &
Education
Enforcement
X
X
X
X
X
X
X
X
X
Support
Record
X
X
X
X
X
X
X
X
X
X
Keeping
Diversion
X
X
X
X
X
X
X
X
X
X
Programs
Reporting
X
X
X
X
X
X
X
X
X
X
Procurement
X
X
X
X
X
X
X
X
X
X
Community
X
X
X
X
Meetings
School
Education &
X
X
X
X
X
X
X
X
X
X
Outreach
Programs
City
Community
Services
Event
X
X
X
X
X
X
X
X
X
X
Participation
Complaint
X
X
X
X
X
X
X
X
X
X
Investigations
Additional
Services
X
X
X
X
X
X
X
X
X
X
Program
Evaluation &
X
X
X
X
X
X
X
X
X
X
Adjustment
FINAL AGREEMENT Page 164 of 183
Sector Milestone 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032
Franchised
Diversion Rate 40% 40% 45% 45% 50% 50% 55% 55% 60% 60%
Goal
5710
5711 6. Estimated Tonnages
5712
5713 The below table segregated by SFD, MFD, Commercial, and Additional Services estimates
5714 tonnages for Recyclable and Organic Material delivered and processed, and the estimated residual
5715 tonnages for each agreement year to calculate the Franchise Diversion Rate beginning July 1,
5716 2023:
5717
Material 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033
Sector
Recyclables 3,931 8,215 9,645 10,053 11,630 12,960 14,813 15,377 17,399 18,031 18,672
Residential
Organics 12,194 24,234 30,472 30,269 33,401 33,164 36,214 35,942 38,906 38,595 38,278
Residue 4,733 9,579 7,519 7,672 8,695 8,005 8,961 9,119 10,122 10,299 10,477
Recyclables 3,776 7,506 8,392 8,338 9,204 9,794 10,698 10,621 11,501 11,413 11,323
Multi Family
Organics 1,473 3,085 4,082 4,263 4,939 5,145 5,890 6,123 6,937 7,198 7,462
Residue 1,986 3,988 4,050 4,047 4,493 3,836 4,221 4,221 4,604 4,604 4,604
Commercial
Recyclables 3,758 7,445 8,295 8,212 9,032 9,575 10,418 10,301 11,107 10,974 10,839
(includes
Organics 2,884 5,957 7,780 8,024 9,191 9,469 10,727 11,041 12,392 12744 13,101
mixed-use
service
recipients)
Residue 2,331 4,680 4,419 4,411 4,892 4,244 4,664 4,660 5,079 5,,074 5,069
Recyclables 43 87 91 91 93 94 93 94 92 93 93
Additional
Organics 68 137 142 143 146 147 146 148 144 145 146
Services
Residue 167 336 285 287 239 240 196 198 157 159 160
40.3040.3045.2845.2850.2550.2555.2355.2360.20
Diversion % % % % % % % % % % 60.20% 60.20%
5718
5719 7. Contamination Minimization
5720
5721 Contamination of recycling and organic containers negatively impacts the entire recycling system.
5722 The container contamination minimization program is a vital component directly influencing
5723 processing and residue disposal costs. Burrtec will include education pieces aimed at minimizing
5724 contamination in the outreach program. The results of the waste audits and ongoing compliance
5725 reports will be provided to the City and consist of the following elements:
5726
5727 a. Compliance Review
5728
5729 A desktop audit of generators with more than two (2) cubic yards of total solid waste per week
5730 will be scheduled and completed annually. The audit will determine the generator's
5731 participation status in organic waste recycling programs and allow focused education and
5732 outreach efforts toward entities not subscribed to appropriate service levels.
5733
5734 b. Contamination Monitoring Plan
5735
5736 Burrtec has developed a comprehensive plan to adhere to the requirements outlined in SB
5737 1383. This plan utilizes trained Burrtec professionals who are experienced with equipment in
5738 the field, auditing multiple jurisdictions, and familiar with our work order system and the
5739 processes required to resolve exceptions noted while working to accomplish the goals outlined
5740 in the Agreement. Burrtec will conduct onsite waste audits and provide written summary
FINAL AGREEMENT Page 165 of 183
5741 reports for all service recipients at least once per year for the first three (3) years of the term.
5742 Thereafter, onsite waste audits will be conducted on a minimum of fifty percent (50%) of
5743 commercial service recipients, with the primary focus on those service recipients with the
5744 lowest program participation or diversion.
5745
5746 c. Route Reviews
5747
5748 Targeted route reviews will be conducted over multiple weeks to support drivers' daily
5749 contamination monitoring activities with multiple personnel. This will allow our auditors to
5750 physically observe required commercial customer's recycling and organic waste containers
5751 annually. Each auditor will undergo a series of training activities in preparation for the route
5752 review. These training activities will include a review of containers utilized, familiarization with
5753 route maps and franchise boundaries, a review of acceptable and unacceptable materials for
5754 each type of container, and training on recording data in the field. Members of the management
5755 team will conduct practice audits, data processing, and contamination noticing for exceptions
5756 identified prior to auditors being deployed in the field to ensure a successful, accurate, and
5757 timely route review.
5758
5759 d. Waste Evaluations
5760
5761 Mindful of the initial impact of residents witnessing auditors evaluate their containers for
5762 prohibited contaminants curbside, Burrtec proposes initially utilizing waste evaluation
5763 processes authorized by SB 1383 for residential sectors. Each evaluation will undergo a series
5764 of sample collections based on the size of the route studied. Contamination data discovered
5765 during the evaluation is documented and photographed. Contamination notices are sent to the
5766 entire route studied, identifying prohibited container contaminates discovered, reminding
5767 residents of proper container utilization techniques, and providing additional information on
5768 source reduction techniques. Drivers witnessing gross contamination or unpermitted waste will
5769 still follow contamination-noticing protocols during the waste evaluation process. Targeted
5770 route reviews follow for areas found to be over allowable contamination standards.
5771
5772 e. Contamination Noticing and Adequate Service Levels
5773
5774 Auditors and drivers will be equipped with technological aids to document observations in real-
5775 time while on the route and minimize data transfer errors. Each auditor will follow route lists
5776 designed explicitly for this project, which will detail customer account information in such a way
5777 as to allow auditors to capture multiple material commodities in a single visit to the customer's
5778 location on a scheduled service day. The Recycling containers shall be considered
5779 contaminated if it contains more than 10% percent Non-Recyclable material by weight or
5780 volume. The Organic Waste containers shall be considered contaminated if it contains more
5781 than 3% percent Non-Organic Waste material by weight or volume. Initial contamination
5782 percentages were consistent with requirements outlined in SB 1383 for diversion of recyclables
5783 and incompatible materials respectively and subject to more stringent standards should route
5784 review results dictate.
5785
5786 Completed audited data is downloaded nightly and reviewed by the management team. An
5787 exception list for customers with inadequate service levels will be generated from the data. It
5788 will be provided to applicable personnel to process and coordinate follow-up onsite
5789 consultations. Container exception-based work orders for identified damage or graffiti will be
5790 created for the operations team to remedy timely
5791
5792
5793 Findings of container contaminants greater than the percentage of the container contents
5794 allowed will initially result in a "tag" or warning placed on the container, and the generator will
5795 be provided with educational materials detailing material placement expectations and
FINAL AGREEMENT Page 166 of 183
5796 directions outlining how to remedy the conditions found by the driver or auditor. A progressive
5797 list of warnings may be used as follows:
5798
5799 All Single Family, Multifamily, Mixed Use and Commercial Recipients
5800
stnd
5801 1 & 2 Incident Within One Calendar Year - Upon finding container contaminants, the driver
5802 or auditor may photograph contamination. A written notice will be provided to the customer,
5803 including properly separating materials left on the container. A secondary notice will be
5804 provided through direct contact, mailed, or electronically sent. Secondary notifications will
5805 indicate contamination fees assessed for the third and subsequent notifications, and that cart
5806 sizes and quantities may be adjusted. Documentation of contamination occurrences will be
5807 digitally maintained.
5808
rd
5809 3 or Subsequent Incident Within One Calendar Year- Notifications will be considered
5810 Contamination Violation Notices and include digital documentation. Burrtec will provide a
5811 written notice, including photographs, collect the contaminated container, and charge the
5812 customer a contamination fee. The City will be notified within five business days if container
5813 sizes are increased or the customer has a contamination surcharge imposed.
5814
5815 f. Route Reviews & Waste Evaluations
5816
5817 Burrtec will conduct annual route reviews of commercial businesses and waste evaluations for
5818 residential customers to verify commercial and residential generators' compliance with organic
5819 waste generator requirements outlined in the Contamination Monitoring Plan section. Burrtec
5820 will ideally follow the standard three and four container route review and waste evaluation audit
5821 process shown below; however, an overview of SB 1383 requirements for each type of
5822 container system is located on the following page for reference.
5823
5824
5825
FINAL AGREEMENT Page 167 of 183
5826
5827
5828 g. Route Review Efficiency
5829
5830 Where possible and as approved by the City, Burrtec will attempt to reduce cost impacts and
5831 minimize additional labor necessary to comply with contamination monitoring requirements.
5832 Operational activities will be customized to facilitate regulatory review requirements by
5833 capitalizing on existing programs and Burrtec's material recovery facilities.
5834
5835 8. Air Emission Reduction
5836
5837 Organic waste diversion offers many environmental benefits. Burrtec facility's organic
5838 management program is designed to utilize the most effective technologies to reduce greenhouse
5839 gas emissions, generate renewable energy, and reduce the use of chemical fertilizers in agriculture.
5840 Burrtec has fully embraced SB 1383's intention to mitigate the effects of climate change by
5841 producing high-quality soil amendments for agriculture and farming as well as organic slurries used
5842 in anaerobic digesters.
5843
5844 The Burrtec West Valley Material Recovery Facility compost operation uses covered aerated static
5845 piles to aerobically decompose organics into useable compost, significantly reducing odors, bio-
5846 aerosols, and particulate matter emissions. The incoming feedstock of green and food material is
5847 received, contamination removed, and material ground in the receiving area. The mixture is piled
5848 into windrows and covered atop a controlled aerated system. Temperature and oxygen probes
5849 monitor the decomposition process as air is blown through the composting pile and passes a bio-
5850 filter. Once the retention time in the system has passed, and pathogen reduction requirements
5851 consistent with 14 CCR 17868.3 met, the material is moved to open curing piles for 30 to 60 days
5852 prior to shipment.
5853
FINAL AGREEMENT Page 168 of 183
5854
5855
5856 9. Reducing Wear and Tear on City Streets
5857
5858 Appropriately sized enclosures, containers, and service frequency assist in maximizing collection
5859 efficiency, driver safety, and reducing wear and tear on City streets by limiting the number of times
5860 vehicles enter the premises each week. Coupled with the Lytx Safety System and GPS technology,
5861 the number of vehicles and routes required for service is significantly reduced, eliminating
5862 unnecessary wear and tear on City streets. The routing optimization plan will also reduce wear
5863 ng collection times during non-peak traffic.
5864
5865 10. Environmental Stewardship
5866
5867 Burrtec continues developing and implementing programs at its facilities with positive
5868 environmental impacts.
5869
5870 a. Water and Power Conservation
5871
5872 Θ Vehicles operating under compressed natural gas (CNG) fuel systems are powered by
5873 renewable natural gas (RNG) produced at dairies and landfills. This process reduces the
5874 demand for natural resources and reuses organic waste to power the collection fleet
5875 Θ Burrtec has installed four (4) compressed natural gas and three (3) liquefied natural gas
5876 systems to fuel alternative-powered vehicles at hauling divisions. One such compressed
5877 natural gas fueling station is located in the Ci
5878 facility. Onsite fueling limits wear and tear on City streets, reduces driver hours, and
5879 minimizes lines at fueling stations for the public
5880 Θ Onsite time-fill RNG fuel stations allow a fleet to fill overnight during off-peak hours. Off-
5881 peak hours are times when the energy grid has excess electrical generation. Time-fill
5882 increases the efficiency of refueling. In addition, time-fill stations ensure that compressors
5883 only start and stop one time per day, reducing maintenance and extending the life of the
5884 equipment
5885 Θ ste is converted to renewable natural gas
5886 by anaerobic digestion processes at the Los Angeles Sanitation District, San Bernardino
5887 BioDigester, and the City of Riverside Water Quality Control Plant. Burrtec intends to
5888 utilize renewable natural gas to fuel collection vehicles operating throughout Los Angeles
5889 and San Bernardino Counties
5890 Θ ssing facilities recover wood and brushy green
5891 waste for use as a renewable biomass fuel. This material is used as a fuel source for
5892 in boilers to make steam that in turn powers
5893 network supplies regional local manufacturing
5894 operations with this biomass fuel based on their operational needs
5895 Θ
5896 water reduction and conservation. In addition, processed organic materials are also used
5897 for erosion control which assists stormwater pollution prevention best management
5898 practices
5899 Θ Native drought tolerant plants and automated sprinkler systems are installed at Burrtec
5900 facilities
FINAL AGREEMENT Page 169 of 183
5901 Θ Facilities utilize energy-efficient lighting in offices, shop, and general work areas when
5902 possible
5903 Θ Lighting controls in parking lots and common areas are automated via a timer system and
5904 adjusted as needed
5905 Θ In order to conserve electricity, most offices have motion sensors to turn lights off when
5906 offices are unoccupied
5907
5908 b. Waste Reduction and Reuse
5909
5910 Θ Mattress recycling is not a BLUE container program but nonetheless is a vital diversion
5911 opportunity worthy of mention. Burrtec participates in California's mattress stewardship
5912 program in which the sale of each mattress includes a fee to support mattress recycling
5913 Θ Commonly referred to as Styrofoam, white
5914 clamshell-type food containers, coffee cups, and packaging material in the form of sheets,
5915 blocks, and 'peanuts'. These items may be identified by the #6 recycling symbol. Burrtec
5916 uses a densifier to consolidate polystyrene foam efficiently. In the process, the foam is
5917 crushed and shredded into small particles that are thermochemically heated and extruded
5918 into dense ingots 1/90th their original volume. The palletized polystyrene ingots are
5919 shipped to businesses in California that remanufacture the foam into a variety of consumer
5920 goods ranging from picture frames to green building materials and nursery plant
5921 containers.
5922 Θ Waste to energy conversion technologies are utilized to further divert material from the
5923 landfill and to produce useful energy that is delivered to the regional power supply
5924 network. Residue materials from the recyclable materials processed are transported to
5925 fully permitted waste to energy facilities. The conversion/transformation credit ranges
5926 from 70% to 90% diversion with recent averages closer to 80%. Additionally, the ash from
5927 the incineration process is used to generate road base material for use in constructing
5928 landfill roads
5929 Θ Food waste recycling programs are in place in employee kitchen areas where regional
5930 organics processing outlets are available
5931 Θ Burrtec's management team members meet to review company sustainability programs,
5932 evaluate the performance of their employee's participation in programs, and develop new
5933 programs.
5934 Θ Facility commingled recycling program. All offices utilize a two-bin system for recyclable
5935 and non-recyclable materials. All recyclables are recovered and recycled
5936 Θ The Company provides reusable drinking cups
5937 Θ Replaced individual drinking water bottles with water dispensing systems
5938
5939 c. Procurement
5940
5941 Θ Procurement of waste and recycling office containers, office supplies, promotional items,
5942 etc., is based partly on recycled content
5943 Θ Ink cartridges are returned to manufacture for recycling
5944 Θ All damaged automated carts are recycled, and all-new cart purchases have recycled
5945 content
5946 Θ Procurement of compost or mulch materials in sufficient quantities to assist the City in
5947 meeting SB 1383 requirements. Mulch delivery can be provided in lieu of compost if the
5948 City has an enforceable mechanism or ordinance in place per 14 CCR 18993.1(f) ensuring
5949 proper renewable organic recovery requirements are met. This program will further
5950 promote viable alternatives as best use options for processed green waste and organic
5951 materials
5952
5953 d. Other
5954
5955 Θ Burrtec has developed a vehicle maintenance program that maximizes the efficiency of
5956 our fleet and minimizes our environmental impact. Using Amsoil synthetic lubricants and
FINAL AGREEMENT Page 170 of 183
5957 high-efficiency filtration products, we have re
5958 60% and our lubricants by more than 50%. Benefits of Amsoil include
5959 Reduced emissions
5960 Increased fuel efficiency
5961 Longer lasting fleet
5962 Reduced dependence on foreign oil and petroleum-based products
5963 Θ Used oils, fluids, and filters from all vehicles are collected and processed for reuse
5964 Θ Tire recycling program. Worn tires are inspected for DOT compliance and re-treaded,
5965 when possible, to reduce the use of virgin materials
5966 Θ E-waste and Battery recycling programs are in place at Burrtec facilities and offices
5967 Θ Metal scrap from maintenance shop truck body repairs is recycled
5968
5969 These practices will continue with implementing the exclusive franchise agreements awarded
5970 by the City of Santa Clarita. New and/or updated practices will be incorporated into our
5971 operations as program alternatives become practical.
5972
5973 11. Use of Local Vendors
5974
5975 In addition to the City resources required to operat
5976 at 26000 Springbrook Avenue #101, Burrtec utilizes the following local vendors:
5977
5978 Truck and equipment related vendors such as truck repair, electrical, plumbing, pest control,
5979 & vehicle washing
5980 Firms such as legal counsel, public relations, media advertising
5981 Landfill - Chiquita Canyon
5982 Recycling Processor - Rent-a-Bin
5983 Participation in the Santa Clarita Valley Chamber of Commerce, VIA and KHTS activities
5984
5985 Nearly 15% of the employees working in the Santa Clarita Hauling Division call the City of Santa
5986 Clarita home, including its division manager. Santa Clarita residents' use of local vendors, in
5987 addition to the fifty-five (55+) employees currently working daily at the Santa Clarita Hauling
5988 division, for nearly two decades, make it difficult to quantify but an essential part of the City's local
5989 economy.
5990
5991
5992
5993 a. Electric Collection Vehicle Technology
5994
5995 Burrtec is pleased to offer an electric-powered collection vehicle for full-time operation in the
5996 City of Santa Clarita to demonstrate the next generation of cleaner collection vehicles. This
5997 enhancement comes at no additional cost to ratepayers or the City.
5998
5999 Burrtec has been closely following the development of electric-powered collection vehicles and
6000 has concluded that the technology is 'route-ready' under the right circumstances. Electric-
6001 powered trucks will provide cleaner, healthier air will be quieter in neighborhoods, and power
6002 requirements will be met partly from renewable resources (estimated at 30+% and increasing
6003 each year).
6004
6005 Burrtec has ordered six electric-powered collection vehicles from Autocar for delivery in 2022.
6006 The Autocar ACX chassis will be powered by BLUE Horizon 14Xe ePowertrain supplied by
6007 Meritor, Inc. from its North Carolina production facilities.
FINAL AGREEMENT Page 171 of 183
6008
6009 Burrtec will commit one of these new EVs full-
6010 time to a Santa Clarita residential recycling route
6011 to demonstrate to the residents and businesses
6012 of Santa Clarita that the City and Burrtec are
6013 committed to enhancing our environment.
6014 Schematic Drawing of BLUE Horizon 14Xe
6015 ePowertrain by Meritor, Inc.
6016 b. Innovative Facilities
6017
6018 Burrtec takes great pride in knowing we have the resources to meet the individual needs of the
6019 customers and the communities we serve. Our experience and knowledge will be used to
6020 successfully execute the contract requirements for the City of Santa Clarita.
6021
6022 ste reduction regulations adopted under Senate
6023 Bill 1383 (Short Lived Climate Pollutants) is the next critical step to protect our communities
6024 and our environment from the impacts
6025 SB 1383 statewide goal of 75% reduction of organics disposed of in landfills, the jurisdictions
6026 serviced by Burrtec must divert an estimated 670,000 new tons of organic material each year
6027 by 2025. Targeting methane reduction in emissions in landfilled organics is an effective
6028 mechanism for combating climate change and moving toward a more sustainable future in each
6029 facility Burrtec owns and operates.
6030
6031 A brief description of our facilities, capabilities, and innovations to support SB 1383
6032 requirements are included below:
6033
6034 1) Organic Waste Facility Network
6035
6036 Composting is nature's way of recycling. Burrtec's four compost facilities receive yard
6037 waste and food waste that is broken down to become food for plants. Through composting,
6038 the amount of refuse sent to the landfill is reduced, the organic matter is reused rather than
6039 disposed of, and recycled into a valuable soil amendment. By composting, the generation
6040 of greenhouse gases, mainly methane, is significantly reduced. In addition to emission
6041 reduction, compost replenishes and revitalizes exhausted farm soils by replacing trace
6042 minerals and organic material, reduces soil erosion, and helps prevent stormwater runoff.
6043
6044 Brief descriptions of each facility follow.
6045
6046 West Valley Material Recovery Facility
6047 Burrtec's premier facility, the West Valley Material Recovery Facility, is located in the San
6048 Bernardino West Valley Region of Fontana. The West Valley facility is a 7,500-ton per day
6049 large volume transfer and processing facility handling mixed recyclables, wood waste,
6050 organic waste (green waste and food waste), metals, and construction/demolition/inert
6051 materials (CalRecycle SWIS No. 36-AA-0341).
6052
6053 Victor Valley Material Recovery Facility
6054 Located at 17000 Abby Lane, Victorville, Victor Valley MRF is a 985-ton per day large
6055 volume transfer/processing facility with an active 100-ton per day food waste composting
6056 facility and a planned permitted 150-ton per day medium volume
6057 construction/demolition/inert material processing facility (CalRecycle SWIS No. 36-AA-
FINAL AGREEMENT Page 172 of 183
6058 0346). Burrtec operates this facility through a long-term agreement with the High Desert
6059 Joint Powers Authority.
6060
6061 Edom Hill Compost Facility
6062 Located in Cathedral City at the Edom Hill Transfer Station site, the Edom Hill Compost
6063 Facility is a new 500-ton per day compost facility permitted processing source-separated
6064 food waste and mixed organic waste into compost (CalRecycle SWIS No. 33-AA-0376).
6065
6066 Coachella Valley Compost Facility
6067 Located in Coachella, Coachella Valley Compost is a 985-ton per day composting facility
6068 processing wood waste, biosolids, manure, liquid waste, green materials, food wastes, and
6069 construction/demolition material (CalRecycle SWIS No. 33-AA-0292).
6070
6071 2) State of the Art Facilities
6072
6073 Agua Mansa Material Recovery Facility
6074 Located in Jurupa Valley, Agua Mansa is a 4,000-ton per day large volume transfer and
6075 processing facility handling mixed recyclables, wood waste, metals, inert material, green
6076 waste, construction & demolition waste and a mixed organics in-vessel composting facility
6077 (CalRecycle SWIS No. 33-AA-0248). In addition to the composting operations, the Agua
6078 Mansa Facility has recently undergone significant sort line improvements, including
6079 robotics. Agua Mansa offers transfer capability for residuals and non-recoverable solid
6080 waste.
6081
6082 3) Anaerobic Digesters
6083 Burrtec's sister company, EDCO, is near full
6084 operation of the first fully permitted state-of-the-art,
6085 advanced technology Anaerobic Digestion (AD)
6086 Facility in San Diego County. Anaerobic digestion is
6087 an efficient and environmentally sustainable
6088 technology that can significantly contribute to
6089 managing organic waste in California and can power
6090 a fleet of trucks with Renewable Natural Gas (RNG).
6091
6092 c. Strategic Partnerships
6093
6094 Burrtec has partnered with Agromin. Established in 1972, Agromin manages over 1.2M tons
6095 annually of organic waste materials through its processing facilities and strategic partners'
6096 facilities.
6097
6098 Although Burrtec is planning on utilizing Rent-a-Bin for Santa Cl
6099 organic waste processing strategic partners are working in collaboration toward establishing a
6100 network of facilities and processing centers specifically designed to achieve the state mandated
6101 requirements, sequester carbon in the soil, and reduce harmful greenhouse gas (GHG)
6102 emissions as illustrated in the High Diversion Organic Waste Processing flow chart below:
FINAL AGREEMENT Page 173 of 183
6103
6104
6105 Future High Diversion Organic Waste Processing Facilities will house many technologies to
6106 prepare feedstock from single family, multi-family and commercial municipal solid waste.
6107 Should the three-container system alone not achieve the 75% diversion rate, facilities must add
6108 additional technologies to capture unrecovered organics and recyclables from the municipal
6109 solid waste stream to eventually reach 75% diversion. Burrtec with Agromin is endeavoring to
6110 surpass state mandates and help develop facilities so that communities can achieve the
6111 benefits of a zero-waste infrastructure.
6112
6113 d. Supplier Partnerships
6114
6115 Rehrig Pacific pioneered a previously impossible process to manufacture carts out of an
6116 unprecedented 40% recycled material without sacrificing strength or curb appeal. The High-
6117 Density Polyethylene (HDPE) resin that Rehrig Pacific uses in its carts makes them 100%
6118 recyclable. This allows our cart manufacturer to create a closed-loop system reclaiming and
6119 recycling broken carts for reuse in new products at the end of life. Rehrig Pacific also has a
6120 best-in-class R&D lab leading the way in evaluating non-traditional plastics sources, from bulky
6121 rigid plastic-like patio chairs and laundry hampers to materials like ocean waste and discarded
6122 rope. With seven manufacturing sites across the United States, Rehrig Pacific has a strategic
6123 national footprint that allows for timely production and delivery of new cart orders and lower
6124 freight costs.
6125
FINAL AGREEMENT Page 174 of 183
6126 Rehrig Pacific uses 60 million pounds of recycled post-consumer plastic diverted from the
6127
6128 includes the development of an innovative new solution
6129 in diverting and utilizing ocean-bound plastics. The
6130 OceanCore recycling cart is the first rollout cart made
6131 with ocean-bound plastics. OceanCore results from
6132
6133 first-of-its-kind process that allows Rehrig to combine
6134 virgin plastic with unmatched volumes of recycled
6135 material. The result is a product that contains more
6136 recycled material than previously thought possible
6137 without compromising the structural integrity or
6138 appearance of the final product.
6139
6140 13. Procurement
6141 Burrtec offers an initial allocation of compost and mulch in tonnage amounts necessary to achieve
6142 30% of jurisdictional procurement requirements. The following programs should all be considered:
6143
6144 Community compost giveaway events
6145 City parks landscape, medians, and turf enhancements where recycled organic products are used to
6146 minimize water usage and improve soils
6147 Compost used in stormwater detention basins to promote vegetation growth
6148 New construction and landscaping projects to meet Water Efficient Landscape requirements for
6149 compost and mulch application
6150
6151 Through a direct service provider agreement, Burrtec will act as a broker on behalf of the City to help
6152 meet procurement targets outside of jurisdictional boundaries.
6153
6154 Future considerations include utilization of renewable natural gas to fuel collection vehicles that will
6155 aid the City in achieving the procurement obligations when reliable volumes of CNG transportation
6156 fuel become available.
FINAL AGREEMENT Page 175 of 183
6157 Exhibit 11
6158 Outreach and Education Plan
6159 1. Prior to Service Start Activities
6160
6161 Outreach describes the ways in which we communicate with our customers.
6162
6163 Update Burrtec Santa Clarita Website. Immediately following the execution of the
6164 agreement, the Santa Clarita Burrtec website will be updated to provide our new Santa
6165 Clarita customers with full information about Burrtec services, programs and events
6166 Acceptable Material Labels. During the container assembly procedure, labels identifying
6167 acceptable materials will be affixed to every container (carts and bins) used for collecting
6168 Trash, Recyclable Materials and Organic Material
6169 Residential Service Brochure. Burrtec will distribute a bi-lingual service brochure to each
6170 residential dwelling receiving individual collection to introduce them to services and promote
6171 recycling and organic material diversion
6172 Community Associations. Burrtec will initiate contact with individual community associations
6173 recommended by the City for purposes of holding informational meetings with residents and
6174 businesses to discuss the transition of services prior to the service start date
6175 SCV Chamber of Commerce Presentations. Burrtec will conduct a SCV Chamber of
6176 Commerce board of directors briefing on the transition and briefings at one or more
6177 Chamber events
6178 Community Meetings. Burrtec will conduct noticed community meetings for purposes of
6179 outlining services and answering questions from residents and businesses
6180 Media Advertising. Burrtec will publish print media advertisements utilizing KHTS, The SCV
6181 Signal, and other local publications and websites to alert the community to the upcoming
6182 transition in service providers
6183
6184 2. Implementation Programs
6185
6186 Burrtec's waste recycling and diversion program include
6187 comprehensive public education and outreach that details program
6188 services and maximizes the diversion of recyclables, green waste,
6189 food waste, bulky items, sharps, mattresses, and e-waste. Our
6190 approach to successful recycling and diversion programs is simple.
6191
6192 Θ Provide a wide selection of acceptable materials
6193 Θ Offer a complete yet straightforward collection program
6194 Θ Implement a public education plan that encourages
6195 participation
6196 Θ Reinforce the diversion programs
6197 Θ Encourage residents to
6198 Θ Educate City staff and Service Recipients on AB 341, AB
6199 1826, AB 1594 and SB 1833
6200
6201 The SB 1383 regulations require that organics recycling education and outreach be provided to all
6202 residents, businesses (including those generating edible food that can be donated), local food
6203 banks, and other food recovery organizations.
6204
6205 In communities where a substantial number of residents speak non-English languages, education
6206 and outreach materials will be translated to ensure all residents and businesses can effectively
6207 participate in organic recycling services.
6208
FINAL AGREEMENT Page 176 of 183
6209 A variety of outreach methods will be used to inform customers on program requirements, including
6210 the following mandated topics:
6211
6212 Θ Methane gas reduction benefits, specifically how emissions resulting from the decomposition
6213 of organic waste in landfills are a significant source of greenhouse gas (GHG) emissions
6214 contributing to global climate change
6215 Θ Reduction of landfilled organics which are re
6216 emissions
6217 Θ Prevention of organic waste generation, recycling organic waste onsite, sending organic
6218 waste to community composting, and
6219 any other local requirements
6220 regarding organic waste
6221 Θ Information on the organic waste
6222
6223 proper container utilization
6224 techniques and edible food donation
6225 programs
6226
6227 a. Schedule of Materials
6228
6229 Brochures. Burrtec will distribute
6230 bilingual brochures on recycled paper,
6231 describing services, proper use of containers, new container colors, and acceptable materials
6232 to all customers (Residential and Commercial) before the Service Start Date. Brochures will
6233 also be distributed to new customers when a change in occupancy becomes known to Burrtec.
6234
6235 Billing Statements. Each billing statement sent by Burrtec on recycled paper will contain a brief
6236 notification to customers. Notifications include, holiday schedules, program participation
6237 requirements, and legislative reminders.
6238
6239 Newsletters. Burrtec will distribute bilingual newsletters printed on recycled paper to
6240 Residential customers as an insert in the bill on a quarterly basis. Commercial newsletters will
6241 coincide with special program notices such as
6242 SB 1383 requirements.
6243
6244 Social Media. Burrtec will continue to develop and produce content pertinent to program
6245 participation and diversion goal accomplishment on social media platforms. Content includes
6246 titles such as:
6247
6248
6249 terial recovery facilities
6250
6251 of acceptable green container material
6252 prepare your Christmas tree for disposal
6253
6254 b. Service Brochures
6255
6256 At contract inception, a service brochure will be provided to customers printed on recycled
6257 paper. New customers will also receive the brochure as part of the Burrtec welcome packet.
6258
6259 These brochures will provide a comprehensive overview of the solid waste, recycling, and
6260 organic waste programs, and the additional services. The brochures will be produced in
6261 English, Spanish, or other languages where required and will include, but not be limited to, the
6262 information listed below.
6263
FINAL AGREEMENT Page 177 of 183
6264 Scope of services and geographical area including general information on container
6265 colors and sizes available, how to change container sizes and quantities, information
6266 about what to place in containers, and instructions on the set-out site
6267 Holiday Schedules
6268 Delivery, pick up, exchange, and replacement of containers
6269 Burrtec office hours, toll-free customer service telephone number, e-mail address, and
6270 website
6271
6272 information, and other information as required
6273 Newsletter
6274 Training on how to sort organic and recyclable material
6275 Description of green waste and food waste items allowable for collection and items
6276 prohibited
6277 Description of acceptable recyclable materials
6278
6279 c. Community Meetings
6280
6281 1) Prior to Start of Contract
6282
6283 Burrtec will hold community meetings to explain the new contract services and highlight
6284 program elements. Meetings will be held on weekday evenings and separate Saturdays
6285 as agreed upon with City's approval. The meeting dates, program information, and
6286 arrangements will be reviewed with City staff prior to finalizing. All customers will receive
6287 a community meeting notification at least two weeks prior to the meeting or approved by
6288 the City.
6289
6290 2) Instructional
6291
6292 Upon request, Burrtec will hold community meetings in English and/or Spanish or other
6293 languages as required informing customers how to recycle properly and what organic
6294 waste diversion means.
6295
6296 d. Written Notices and Outreach Materials
6297
6298 1) Upon Start of Services
6299
6300 Burrtec will develop written educational materials and deliver them to Customers. Burrtec
6301 will utilize technology, such as smartphones to distribute educational materials, reach more
6302 people, and reduce paper waste. Customers will be given a choice of how they want to
6303 receive the information, through traditional quarterly newsletters or via "monthly" e-mail or
6304 text message. Educational materials include:
6305
6306 2) Articles
6307
6308 Burrtec will develop a bilingual (Spanish and other languages as required) article with color
6309 graphics containing information that encourages recycling and educating customers
6310 services available. Topics include the following examples:
6311
6312 Available services notices and information
6313 New cart colors
6314 Placement of carts, including during heavy rains
6315 Holiday Tree collection instructions
6316 Benefits of source separation, reduction, and
6317 prevention of solid waste
FINAL AGREEMENT Page 178 of 183
6318 Information on how organic waste is diverted from the landfill
6319 Methane reduction benefits of reducing organic waste in landfills
6320 Bulky Items
6321 Illegal Dumping
6322 Cleaning Containers
6323 Holiday Schedule
6324 Commingling of Solid Wastes
6325 4 R's, reduce - reuse - recycle - rethink
6326 Carts left in the street
6327 Unpermitted Waste disposal
6328 New solid waste laws
6329 Articles specific to service areas such as palm fronds
6330
6331 3) Special Event Announcements
6332
6333 Burrtec will develop and deliver outreach notices to Customers on various events upon
6334 receiving approval from City. Some notifications will be limited to text or e-mail messages
6335 and not be included in newsletters. Examples of events are as follows:
6336
6337 City Household Hazardous Waste Collection Drop-Off Events
6338 City Neighborhood Cleanup Events
6339 Quarterly Paper Shredding Events
6340 Compost/Mulch Giveaway Events
6341 Textile, Carpet, and Mattress Collection Drives
6342 Availability of Food Waste Pails
6343 Sharps Program Information
6344 Bulky Collections
6345 Home Composters
6346 Cart and Bin Exchange and Cleaning
6347 Holiday Collection schedule
6348 Billing reminders, upon Customer request (e-mail)
6349 Service interruptions (e-mail)
6350 Non-collection notices (e-mail)
6351
6352 Certain notifications will be limited to e-mail messages and do not apply to newsletters.
6353
6354 Burrtec will provide notices up to six (6) weeks in advance of events, except as related to
6355 billing reminders, service interruptions, and non-collection notices. Notices may include
6356 artwork, layout, or notices provided by the City.
6357
6358 4) Distribution
6359
6360 The articles and announcements will be disseminated in the following ways, as requested
6361 by Customers:
6362
6363 a) Newsletters
6364
6365 Newsletters will be available in electronic format such as PDF and will be printed on
6366 8.5"x11" or 8.5"x14" sized recycled paper, whichever is appropriate. Burrtec will
6367 develop one-page (additional page for Spanish and other languages, if required by
6368 City) information newsletters in color and deliver these newsletters to Customers four
6369 times each contract year. A second English page may be added to the newsletter once
6370 per year if requested by Director.
6371
FINAL AGREEMENT Page 179 of 183
6372 b) E-mail
6373
6374 Burrtec will send brief electronic messages containing links to full articles, upcoming
6375 events, and/or newsletters for Customers who request them. For example, in late
6376 December, send an e-mail worded, "Have a holiday tree to get rid of? Click here." with
6377 a link to an article about holiday trees. When there is a Santa Clarita local HHW
6378 Collection Event nearby, send an e-mail worded, "Leftover household chemicals, paint,
6379 or used oil to get rid of? Click here."
6380
6381 c) Container Notices
6382
6383 Drivers will place notification tags educating customers on prohibited contaminants
6384 found. Burrtec will provide information on proper container utilization techniques and
6385 how contamination can be corrected at the time of discovery. The information may be
6386 provided using standard mail or notifications sent via e-mail. Red tags are applied to
6387 residential customer carts.
6388
6389 d) On-Site Waste Audits
6390
6391 Waste audit summary reports will be provided to
6392 customers upon completion of the evaluation. Summary
6393 report information will include container findings,
6394 educational materials including source reduction
6395 techniques, benefits of participation in collection
6396
6397 containers, and methods to reduce contamination. The
6398 information may be provided using standard mail or
6399 notifications sent via e-mail.
6400
6401 5) Delivery of Written Materials to Customers
6402
6403 Burrtec will deliver general materials (such as notices and
6404 newsletters) to Customers by any or all the following means
6405 approved by City:
6406
6407
6408
6409
6410
6411
6412
6413 The City's designee will be included in the mailing list and ensure that available materials
6414 are sent to the City simultaneously they are sent to customers. When items are mailed, a
6415 proof of mailing can be submitted within seven days of mailing.
6416
6417 6) Social Media
6418
6419 Burrtec will reach out to Customers and make information available regarding services by
6420 current social media and the following means approved by the City.
6421
6422
6423
6424 Facebook: www.facebook.com/burrtecscv
6425 Twitter: https://twitter.com/burrtecwaste
FINAL AGREEMENT Page 180 of 183
6426 Instagram: https://www.instagram.com/burrtecscv
6427 YouTube: https://www.youtube.com/channel/UCqaJ5_Ea4Nx1EY4LDDAS9CA
6428 LinkedIn: https://www.linkedin.com/company/burrtec-waste-industries
6429
6430 e. City, School, Facilities, and Business Community Programs
6431
6432 Partnering with schools, city facilities, businesses, and community programs is crucial in
6433 ensuring methods to reduce contamination are successfully disseminated throughout the
6434 community. Participation in events such as, but not limited to, will include:
6435
6436 Community and School Earth Day activities
6437 SCV Chamber of Commerce meetings
6438 VIA Meetings
6439 Rotary Club meetings
6440
6441
6442 The Learning Center at the Newhall Library and others
6443 The KHTS Home and Garden Show
6444 HOA meetings
6445 Non-Profit Events
6446 Churches, neighborhood and community groups, and other informal networking
6447 activities
6448
6449
6450
6451 Effective recycling efforts are an integral part to a successful recycling and organic waste
6452 diversion program. To reinforce these diversion efforts, Burrtec will provide annual recognition
6453 to participants meeting program standards. Education and outreach activities will encourage
6454 participants to actively engage in programs an
6455 selected participants are eligible to receive recognition at November City Council meetings.
6456 The Contest information and program winners are announced in the quarterly newsletters.
6457
6458 g. City Staff Training
6459
6460 Department staff, Code Enforcement, and janitorial
6461 date and time on the following topics:
6462
6463 Collection Programs and Full Range of Additional Services
6464 Regulatory Requirements and Relevant State Legislation
6465 Methods to Reduce Contamination
6466 Source Reduction Techniques
6467 Acceptable Materials
6468 Benefits to Participation in Recycling Programs
6469 Record-Keeping Requirements
6470 Purchasing Policy Requirements
6471 CalGreen and MWELO Requirements
6472 Enforcement and Inspection Requirements
6473 Best Management Practices
6474
FINAL AGREEMENT Page 181 of 183
6475 3. Methods to Reduce Contamination
6476
6477 Burrtec will utilize several methods to reduce contamination and ensure diversion goals are met in
6478 ram implementations have shown that no one method
6479 can be relied upon, but rather a flexible, multi-faceted approach is required. Burrtec will develop an
6480 explicitly tailored program, designed with expert local knowledge, local community engagement,
6481 and local participation for Santa. Below is a list of primary methods that will be utilized to achieve
6482 program goals:
6483
6484 Education, Education, Education. Ensuring customers understand program requirements
6485 is the first critical component to achieving stated goals
6486 Participation in Community and School Events. Participating in community events and local
6487 schools to demonstrate how proper container utilization works and reduce contamination is
6488 another critical component to achieving stated goals
6489 Generator Feedback. Through onsite waste consultations with businesses, contamination
6490 notices, targeted education, and outreach, and ultimately notices of violation, and individual
6491 generator feedback is critical to achieving stated goals
6492 Data Analysis. The use of route review and waste evaluation results in conjunction with
6493 community waste characterization data will assist in targeting high contamination generators
6494 Equipment Readiness. Operation's readiness to deploy additional containers, exchange
6495 container sizes, and respond to customer requests is critical to ensure contamination
6496 minimization efforts are successful
6497 upgrade and utilize state-of-the-art equipment at
6498 recovery facilities works and partner with leading industry experts in composting to ensure
6499 diversion goals can be met
6500
6501 4. Benefits of Participation
6502
6503 Burrtec will focus on the following elements to inform customers of the benefits of recycling and
6504 organic waste collection programs:
6505
6506 Information on how recycling conserves natural resources
6507 Information on how participating in recycling programs prevents pollution by reducing the
6508 need for raw materials
6509 Information on methods to recycle organic waste onsite, sending organic waste to
6510 community composting, and any other local requirements regarding organic waste
6511 Information regarding the methane and greenhouse gas reduction benefits of reducing the
6512 local Santa Clarita Valley landfill disposal of organic waste
6513 Information on the methods of organic waste recovery
6514 Information related to the public health and safety, and environmental impacts associated
6515 with the landfill disposal of organic waste
6516 Information regarding programs for donating edi
6517 Edible Food Recovery Program which helps those who are food insecure
6518 Information about food recovery organizations and services operating within the City of
6519 Santa Clarita, including a list of those services
6520 Information about actions that commercial edible food generators can take to prevent the
6521 creation of food waste
FINAL AGREEMENT Page 182 of 183
6522 Exhibit 12
6523 Acceptable Recyclable Materials
6524 Recyclable Materials include but are not limited to:
6525
Aluminum cans Magazines/catalogs
Aerosol cans Newspaper
Aseptic containers Paper
Brochures Paper tubes
Cardboard Phone books
Cereal boxes Pizza boxes
Clothes hangers Plastic containers #1-#7
Computer paper Plastic film
Coupons Plastic milk jugs
Envelopes Plastic bags
Frozen food boxes and trays Polystyrene (Styrofoam)
Glass bottles/jars Tin cans
Glass cosmetic bottles Tissue boxes
June mail Wrapping paper
Laundry bottles
6526
FINAL AGREEMENT Page 183 of 183
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NOTICE INVITING PROPOSALS
Solid Waste Services
Residential and Commercial Garbage, Recyclable Material
and Organic Waste Collection Services
PROPOSAL # ES-21-22-16
TABLE OF CONTENTS
PROPOSAL # ES-21-22-16
Solid Waste Services
Residential and Commercial Garbage, Recyclable Material
and Organic Waste Collection Services
City of Santa Clarita, California
SECTION A: RFP INFORMATION & INSTRUCTIONS.................................................................................................. 2
NOTICE INVITING PROPOSALS
PROPOSAL INSTRUCTIONS
PASS/FAIL SUBMISSION CHECKLIST
SECTION B: SOLICITATION INFORMATION ........................................................................................................... 12
INTRODUCTION TO RFP DOCUMENTS
BACKGROUND INFORMATION
SECTION C: PROPOSED SERVICES ......................................................................................................................... 18
SECTION D: RESPONSE FORMAT .......................................................................................................................... 32
SECTION E: SELECTION CRITERIA .......................................................................................................................... 41
SECTION F: FORMS ............................................................................................................................................... 47
FORM A: COMMUNICATION PROTOCOL
FORM B: PROPOSER’S STATEMENT OF ORGANIZATION
FORM C: CERTIFICATION OF NON-GRATUITIES
FORM D: CONTAINER SPECIFICATIONS
FORM E: VEHICLE SPECIFICATIONS
FORM F: NON-COLLUSION AFFIDAVIT OF PROPOSER
FORM G: SERVICE RECIPIENT RATE PROPOSAL SUMMARY AND SIGNATURE
FORM H: PASS/FAIL REQUIREMENTS
FORM I: NOTICE TO PROPOSERS REGARDING CONTRACTUAL REQUIREMENTS
FORM J: REFERENCES
FORM K: SERVICE RATES
ATTACHMENT 1
DRAFT FRANCHISE AGREEMENT
ATTACHMENT 2
FORM K (EXCEL DOCUMENT)
City of Santa Clarita | Proposal #ES-21-22-16 Page 1 of 90
SECTION A
RFP Information & Proposal Instructions
City of Santa Clarita | Proposal #ES-21-22-16 Page 2 of 90
CITY OF SANTA CLARITA NOTICE INVITING PROPOSALS
Project Name: Residential and Commercial Garbage, Recyclable Material and Organic
Waste Collection Services
Proposal #: ES-21-22-16
Proposal Closing: March 24, 2022 no later than 4:00 PM (PT)
Last Day for Questions: February 24, 2022 at 4:00 PM (PT)
Mandatory Pre-Proposal February 10, 2022, at 2:00 PM (PT)
Video Conference
Project Description: Residential and Commercial Garbage, Recyclable Material and Organic
Waste Collection Services
Prevailing Wage: No
Required Contractor & Only bids submitted by bidders (along with all listed subcontractors) that
Subcontractor Registration: are currently registering and qualified to perform public work pursuant to
Labor Code Section 1725.5.
Contact Information: Jonathan Cosh, Buyer; Email: jcosh@santa-clarita.com,
Phone: (661) 286-4187
Date Published: January 25, 2022
Specifications for this request for proposals (RFP) may be downloaded from the City’s Purchasing website
at: www.bidnetdirect.com//cityofsantaclarita. Please refer to specifications for complete details and RFP
requirements. The specifications in this notice shall be considered a part of any contract made pursuant
thereto. A paper copy of the RFP documents is available upon request in the City Clerk’s office, Suite 120.
RFP Questions must be submitted electronically via the BidNet “Question and Answer” tab.
Addenda, if issued by the City, will be transmitted on BidNet. Addenda must be digitally acknowledged via
BidNet in addition to a printed and signed version submitted with the proposal response. If addenda are
not signed and submitted with the proposal response, the submission may be deemed non-responsive
and rejected.
Submittals must be received no later than 4:00 p.m. PT, Thursday, March 24, 2022, and addressed as
follows:
City of Santa Clarita
Suite 120
Attention: Purchasing
23920 Valencia Blvd., Santa Clarita, CA 91355
City of Santa Clarita | Proposal #ES-21-22-16 Page 3 of 90
PROPOSAL INSTRUCTIONS
PROPOSAL # ES-21-22-16
Solid Waste Services
Residential and Commercial Garbage, Recyclable Material
and Organic Waste Collection Services
City of Santa Clarita, California
1. RFP RELEASE.
1.1. This Request for Proposals (RFP) is being issued by the City of Santa Clarita (City). The City
is soliciting proposals from entities (Proposer(s)) with demonstrated experience and
qualifications in providing Garbage, Recyclable Material and Organic Waste Collection
Services (Collection Services) such as those required in this RFP.
1.2. The RFP will be available beginning January 25, 2022, on BidNet, at the following URL:
www.bidnetdirect.com//cityofsantaclarita. All proposal documents related to this
solicitation will be posted by the City on BidNet as indicated above. In the event the RFP
document is obtained through any means other than the City’s website, the City will not be
responsible for the completeness, accuracy or timeliness of the RFP document. It is the
Proposer’s responsibility to ensure that the most complete and current version of the RFP
document has been downloaded or otherwise obtained, including any addenda.
1.3. Before submitting a response, each Proposer shall make all investigations and examinations
necessary to ascertain all conditions and requirements affecting the full performance of the
Franchise Agreement and to verify any representations made by the City. If the Proposer
receives an award as a result of its proposal submission, failure to have made such
investigations and examinations will in no way relieve the firm from its obligation to comply
in every detail with all provisions and requirements of Franchise Agreement, nor will
ignorance of such conditions and requirements be accepted as a basis or justification for
any claim whatsoever by the firm for additional compensation.
1.4. Proposers are also required to review the documents listed below. These additional
documents can be found on BidNet at the following URL:
www.bidnetdirect.com//cityofsantaclarita.
The current Franchise Agreement between the City of Santa Clarita and Burrtec for
Commercial Solid Waste Management Services.
The current Franchise Agreement between the City of Santa Clarita and Waste
Management for Residential Solid Waste Management Services.
Draft Franchise Agreement (included as Attachment 1)
Current customer rate sheets.
2. MANDATORY PRE-PROPOSAL VIDEO CONFERENCE.
2.1. A MANDATORY pre-proposal videoconference is scheduled to be held on February 10,
2022, beginning at 2:00 p.m. PT via the video conference application, Zoom, hosted by the
City. The Proposer must complete and submit Form A, located in Section F of this RFP, three
(3) days prior to the Mandatory Pre-Proposal Video Conference. An invitation code for this
City of Santa Clarita | Proposal #ES-21-22-16 Page 4 of 90
MANDATORY pre-proposal video conference will be sent to the Proposer after the Proposer
has submitted Form A of this RFP to the City. Attendance by a representative of each
Proposer at the MANDATORY pre-proposal video conference is a requirement to be
responsive to this RFP. No proposals will be accepted from Proposers that do not attend the
MANDATORY pre-proposal video conference.
2.2. In accordance with the Americans with Disabilities Act, persons needing assistance to
participate in this proceeding should contact the City Clerk’s Office at (661)259-2489 at least
48 hours prior to any meetings. Proposers should be aware that the City’s intent is for
residential and commercial Collection Services to begin on July 1, 2023. Proposers are
encouraged to carefully review the instructions for the Rate Proposal Forms in Section F of
this RFP document before completing the Rate Proposal Forms (Attachment 2).
3. SUBMITTING PROPOSALS.
3.1. The response must include all forms provided or information requested or required by the
scope of work or specifications. Sealed packages clearly marked “Proposal for Residential
and Commercial Garbage, Recyclable Material and Organic Waste Collection Services”
must include five (5) double-sided hard copies and one (1) reproducible digital copy of the
complete proposal. Sealed hard copy proposals for the provision of Collection Services must
be delivered or mailed to the City of Santa Clarita, ATTN: Purchasing, at 23920 Valencia Blvd,
Suite 120, Santa Clarita, CA 91355 no later than 4:00 p.m. PT on March 24, 2022.
3.2. The specific service requirements of the City’s requested services are contained within the
definitions and body of the Draft Franchise Agreement. Prospective Proposers are
encouraged to examine the Draft Franchise Agreement in its entirety to ensure an
understanding of the services being requested herein.
3.3. Proposals/corrections received after the closing time will not be accepted. The City will not
be responsible for proposals not properly or timely, uploaded. Upon award, all submissions
become a matter of public record.
4. QUESTIONS.
4.1. Any questions regarding submissions, process, or proposals must be submitted
electronically via the City of Santa Clarita’s chosen e-procurement website at
www.bidnetdirect.com//cityofsantaclarita. All questions must be submitted in writing and
received no later than 4:00 p.m. PT on February 24, 2022.
5. ADDENDA.
5.1. The City will not accept responsibility for incomplete packages or missing addenda. It is the
vendor’s responsibility to monitor BidNet for release of the addenda prior to submission of
the quote to make certain the package is complete, and all required addenda are included.
This information will be available via BidNet. Vendors are cautioned against relying on
verbal information in the preparation of proposal responses. All official information and
guidance will be provided as part of this solicitation or written addenda. Addenda, if issued
by the Agency, will be transmitted via BidNet. Addenda must be digitally acknowledged
through BidNet in addition to a printed and signed version submitted with the proposal. If
addenda are not signed and submitted with the proposal response, the proposal may be
City of Santa Clarita | Proposal #ES-21-22-16 Page 5 of 90
deemed non-responsive and rejected.
6. AWARDS.
6.1. The City reserves the right to waive any informality in any proposal.
6.2. The City may conduct interviews of top-ranking Contractors to make a final selection. The
successful Contractor (or Contractors) will be recommended to the City Council for
authorization to enter into a Franchise Agreement for Residential and Commercial Garbage,
Recyclable Materials and Organic Waste Collection Services with the City of Santa Clarita.
The contract award, if any, will be made to the Contractor (or Contractors) who, in the City’s
sole discretion, is best able to perform the required services in a manner most beneficial to
the City. The City reserves the right to select one Contractor to conduct Solid Waste
Services for the entire City OR two Contractors, one for the Commercial Collections and
one for Residential Collections. All references to Contractor in this RFP contemplate the
possibility of up to two Contractors being awarded contracts in response to this RFP.
6.3. This RFP does not commit the City to award a contract, or to pay any amount incurred in
the preparation of the proposal. The City reserves the right to accept or reject all proposals
received as a result of this request, to negotiate with any qualified Contractor, or to cancel
this RFP in part or in its entirety. The City may require the selected Contractor to participate
in negotiations and to submit such technical, price, or other revisions of the proposal as
may result from negotiations. The City reserves the right to extend the time allotted for the
proposal, and to request a best and final offer, should it be in its best interest to do so.
6.4. The proposal may be awarded in its entirety as proposed; however, the City reserves the
right to award elements of the work, independently, and to do portions “in-house”.
Additionally, the City reserves the right to award subsequent work on this project based on
information presented in this proposal, without recourse to a separate or subsequent RFP
process, should it be in its best interest to do so.
6.5. The City may make an award based on partial items unless the proposal submitted is
marked “all or none”. Where detailed specifications and/or standards are provided the City
considers them to be material and may accept or reject deviations. The list of proposals
submitted will be posted on BidNet, normally within 24 hours.
7. BONDS.
7.1. Proposers are required to submit a separate proposal bond in the amount of Fifty Thousand
Dollars ($50,000) to guarantee the Proposer’s obligation to negotiate in good faith and
execute a franchise agreement with the City of Santa Clarita at rates stated and will furnish
a performance bond and other required information. The bonding company must be listed
on Treasury Circular 570 and licensed to operate in the state of California. If the Proposer
fails, refuses, or neglects to furnish the required performance bond and information, the
City may retain the deposit or cash the certified check or enforce the proposal bond as
compensation for liquidated damages for the Proposer’s breach.
7.2. Likewise, a Performance Bond will be required of the successful Contractor in the amount
of Two Million Dollars ($2,000,000) (cash deposit, certified or cashier's check or money
order may be substituted in lieu of either bond).
City of Santa Clarita | Proposal #ES-21-22-16 Page 6 of 90
7.3. Original Bond or Cashier’s Check MUST be received AT CITY HALL, 23920 Valencia Blvd.,
Santa Clarita, CA 91355, ATTENTION SUITE 120 and marked with the words “PROPOSAL
BOND FOR” and the proposal number, NO LATER THAN the proposal due date and time, for
the vendor to be considered responsive.
7.4. Proposal bonds guaranteeing proposals rejected by the City of Santa Clarita shall become
null and void and will not be returned. All other proposal securities will be held in
accordance with PCC, Section 20929 “…the security of an unsuccessful bidder shall be
returned in a reasonable period of time, but in no event shall that security be held by the
agency or district beyond 60 days from the time the award is made.” If the City receives a
check as a proposal bond, the City will immediately deposit the check upon opening
proposals. After the proposals are opened, checked, and duly considered, the City will issue
a reimbursement check if the proposal is not awarded.
8. BRAND NAMES, ALTERNATIVES, OR EQUIVALENTS.
8.1. The use of the name of a manufacturer, or any specific brand or make, in describing any
item contained in the solicitation document does not restrict vendors to the manufacturer
or specific article, this means it is being used simply to indicate a quality and utility of the
article desired; but the goods on which bids/quotes/proposals are submitted must in all
cases be equal in quality and utility to those referred to. This exception applies solely to the
material items in question and does not supersede any other specifications or requirements
cited. Materials differing from stated specifications may be considered, provided such
differences are clearly noted and described, and provided further that such articles are
considered by a City official to be in all essential respects in compliance with the
specifications.
9. PREPARATION.
9.1. All proposals and required forms must be organized in accordance with the proposal
content (Section D, Table 6). All proposals will go through an initial “Pass/Fail” review to
check for completeness and compliance with the proposal requirements. A Pass/Fail
Submission Checklist has been provided at the end of this section. These documents must
be submitted to comprise a complete proposal.
10. REJECTION.
10.1. The City’s intent is to provide Collection Services in the most effective and economical
manner and therefore it will make the provider selection based on which Proposer best
fulfills the requirements and provides the best value to the City and its residents and
businesses.
10.2. The City reserves the right to reject any or all proposals and to waive any informality in any
proposal. The City may reject the proposal of any vendor who has previously failed to
perform properly, or complete on time, contracts of a similar nature, or to reject the
proposal of a vendor who is not in a position to perform such a contract satisfactorily. The
City may reject the proposal of any vendor who is in default of the payment of taxes,
licenses or other monies due to the City of Santa Clarita. Submitted proposal may be
withdrawn at any time prior to the submission time specified in this Request for Proposal,
City of Santa Clarita | Proposal #ES-21-22-16 Page 7 of 90
provided notification is received in writing before the submittal deadline. Proposals cannot
be changed or withdrawn after the submittal deadline. No handwritten notations or
correction will be allowed. The responding Contractor is solely responsible for all costs
related to the preparation of the proposal.
10.3. Any or all proposals will be rejected if there is reason to believe that collusion existed among
the Proposers. Proposals received from participants in such collusion will not be considered
for the same work when and if re-advertised.
11. RENEWAL AND PRICING ADJUSTMENT.
11.1. Contracts entered into pursuant to this RFP is for a ten (10) year term and may be renewed
for two additional five (5) year term, in accordance with the terms of the contract. If not
otherwise stated, the contract may be renewed if the new pricing of the contract does not
change more than the Consumer Price Index - All Urban Consumers (not seasonally
adjusted), Los Angeles – Long Beach – Anaheim area. Proposer shall honor proposal prices
for One-Hundred and Twenty Days (120 days).
12. SUBCONTRACTORS.
12.1. For all projects, the vendor must list any subcontractors/subconsultants that will be used,
the work to be performed by them, and total number of hours or percentage of time they
will spend on the project.
Each Proposer must submit with their proposal the following:
The full name of each subcontracting firm as required by Government Code, Sec. 4201,
typed or legibly printed.
The address of each firm.
The telephone number at the place of business.
Work to be performed by each subcontracting firm.
Total approximate dollar amount of each subcontract.
If sub-contractor is participating as a Disadvantaged Business Enterprise (DBE), the
following additional information is required on the "Designation of Subcontractors" form
enclosed:
o Status as a DBE, age of the firm and the annual gross receipts.
Submit the "Designation of Subcontractors" form enclosed herewith. No Contract shall be
considered unless such list is submitted as required.
The City of Santa Clarita’s “Terms and Conditions” is found on a separate attachment in BidNet.
13. PROCUREMENT SCHEDULE.
13.1. The City plans to adhere to the following procurement schedule to the extent possible.
Changes to the procurement schedule shall be at the sole option of the City. Table 1, on the
following page, provides the major milestones of this RFP process.
City of Santa Clarita | Proposal #ES-21-22-16 Page 8 of 90
TABLE 1 – Procurement Schedule
Activity Date
RFP Released January 27, 2022
Mandatory Pre-Proposal Video Conference February 10, 2022, at 2:00 p.m. PT
Last Day to Submit Questions February 24, 2022, by 4:00 p.m. PT
Proposals Due March 24, 2022, by 4:00 p.m. PT
Interview Qualified Proposers Week of May 2, 2022
Community Meetings May 2022
Present Evaluations Results to City Council May 31, 2022 (tentative)
Finalize New Agreement for City Council June 1, 2022 (post negotiations with Top
Approval Proposer)
City Council Award of Agreement July 1, 2022
Hauler Transition July 1, 2022, through June 30, 2023
Start Collection Services July 1, 2023
14. PROCUREMENT GOALS / SUMMARY OF INTENT. The goals of this procurement process are to:
14.1. Comply with solid waste legislation including AB 939, AB 341, AB 1826, AB 1594, SB 1016,
SB 1669, and SB 1383;
14.2. Comply with other State laws that have been adopted since April 2012, when the prior
franchise agreement was last amended and restated;
14.3. Enhance food waste collection in compliance with AB 1826 and SB 1383;
14.4. Anticipate and flexibly accommodate future statutory changes;
14.5. Maintain a high level of customer service for the least possible and reasonable cost;
14.6. Provide an opportunity for stakeholder input regarding new or additional solid waste
services desired from the collection provider, including residential and commercial
customers (Service Recipients);
14.7. Minimize service disruption through a smooth transition period, if a Franchise Agreement
is negotiated with a new provider;
14.8. Use new technologies and/or methodologies to reduce the City’s contribution to
greenhouse gas emissions/climate change; and
14.9. Retain all other provisions of the Franchise Agreement.
City of Santa Clarita | Proposal #ES-21-22-16 Page 9 of 90
The City’s intent with the services provided as part of this RFP is to continue to provide the community
with the appropriate level of service, at the highest quality, and at the best price. The specifications
contained within this RFP are designed to establish an effective, efficient, environmentally clean,
uniform, and safe system of collection.
To this end, the City has tried to provide as much information as possible to all prospective Proposers in
this RFP to allow them to properly prepare their responses and compute fair and reasonable
compensation and rate quotes. However, it is the sole responsibility of the Proposer to calculate the
rates quoted in the applicable set of Rate Proposal Forms provided in Attachment 2 of this RFP
document.
City of Santa Clarita | Proposal #ES-21-22-16 Page 10 of 90
PASS/FAIL SUBMISSION CHECKLIST
PROPOSAL # ES-21-22-16
Solid Waste Services
Residential and Commercial Garbage, Recyclable Material
and Organic Waste Collection Services
City of Santa Clarita, California
In addition to the items requested for the proposal the following documents are required to be
completed and submitted by the Proposer. The following documents must be provided by ALL
Proposers in reproducible digital copy via BidNet and hard copies mailed/delivered to the City of Santa
Clarita, ATTN: Purchasing, 23920 Valencia Blvd., Suite 120, Santa Clarita, CA 91355 (See Section D):
Response File
o Proposal Cover Letter (signed)
o Proposal Bond (1 original, notarized copy only)
o Performance Bond Commitment Letter
o Addendum(s) (digitally acknowledged on BidNet in addition to signed and included in
Response File)
o Table of Contents
o Executive Summary
o Qualifications
o Statement of Financial Qualifications
o Technical Proposal
o Service Exceptions/Alternatives (if applicable)
o Appendix (if applicable)
Forms (See Section F)
o Form A: Communication Protocol
o Form B: Proposer’s Statement of Organization
o Form C: Certification of Non-Gratuities
o Form D: Container Specifications
o Form E: Vehicle Specifications
o Form F: Non-Collusion Affidavit of Proposer
o Form G: Service Recipient Rate Proposal Summary and Signature
o Form H: Pass/Fail Requirements
o Form I: Notice to Proposers Regarding Contractual Requirements
o Form J: References
Form K: Service Rates Cost File (to be submitted separately from Response File in Microsoft
Excel - Proposed Customer Rate Form (Form K) – Attachment 2)
The following documents must be provided by the AWARDEE ONLY (With Agreement) and delivered to
City Hall, Attn: Purchasing
Collection Service Agreement for Residential and Commercial Garbage, Recyclable Materials and
Organic Waste Collection Services
Insurance Required by Contract
W-9 Form
Performance Bond Required by Contract
City of Santa Clarita | Proposal #ES-21-22-16 Page 11 of 90
SECTION B
Solicitation Information
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BACKGROUND INFORMATION
PROPOSAL # ES-21-22-16
Solid Waste Services
Residential and Commercial Garbage, Recyclable Material
and Organic Waste Collection Services
City of Santa Clarita, California
1. INTRODUCTION
The purpose of this section of the RFP documents is to familiarize prospective Proposers with the City and
its current and proposed solid waste services.
Any term that is capitalized in this section is specifically defined in the Franchise Agreement, and the
meaning of such term is solely as defined therein. Each Proposer is encouraged to fully review the Draft
Franchise Agreement upon its release. A copy of the Draft Franchise Agreement can be found in
Attachment 1 to this RFP and is posted to BidNet.
2. GEOGRAPHY AND DEMOGRAPHICS
The City of Santa Clarita is located northwestern Los
Angeles County. The City of Santa Clarita is a community of
about 228,000 situated within a valley in southern
California. Population growth in the Santa Clarita Valley is
expected to average 0.8% per year between 2021 and
2026. Currently there are approximately 49,100
Residential Accounts, and approximately 2,000
Commercial Accounts.
3. COLLECTION SYSTEM DATA
The information regarding the current collection system is being provided to give prospective Proposers
a general understanding of the current collection system.
4. CURRENT COLLECTION SERVICES
Waste Management (WM) currently provides residential solid waste management services and Burrtec
provides commercial solid waste management services to the City through Franchise Agreements that will
expire on June 30, 2023. With the exception of temporary Construction and Demolition Debris Collection
Services, no other haulers are licensed to provide any collection services within the City. The following is
a summary of current services.
4.1. Residential Cart Collection Service Programs
SFD Service Recipients currently receive a wheeled Cart for Garbage, Recyclable Material and Green
Waste, based on volumetric need. The details of current services for SFD Service Recipients are as follows:
Weekly curbside collection of Garbage (96-Gallon Carts standard, 64- and 32- Gallon Carts
available, 32-Gallon Cart designated “Super Saver” and provided at a discounted rate);
Weekly curbside collection of Recyclable Material;
Weekly curbside collection of Green Waste;
Manual Collection;
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Street Litter Cart Collection;
Four on-call Bulky Waste Collection per year; up to 3 items per Collection;
Textile collection drives twice annually; and
Holiday Tree Collection.
4.2. Multi-Family Collection Service Programs
MFD Service Recipients currently receive weekly collection of bins or carts for Garbage and cart collection
for Recyclable Material, both based on volumetric need. Contractor must offer Green Waste Collection
Services upon request.
4.3. Commercial Collection Service Programs
Commercial Service Recipients currently receive wheeled Carts or Bins for Garbage, and Recyclable
Material, based on volumetric need. Commercial Collection Service is provided to Service Recipients on
an at least weekly basis, up to six (6) times per week. Contractor must provide Food and Green Waste
Collection upon request.
4.4. Debris Box And Roll-Off Collection Services
Currently, temporary debris box and roll-off services are provided to Service Recipients on an as-needed
basis by:
America’s Bin Company Republic Services
American Reclamation Rent-A-Bin
Athens Services Reel Waste and Recycling
AV Equipment Rentals, Inc. Triscenic Production Services,
Inc.
Burrtec Waste Industries
Waste Management
Consolidated Disposal Service,
LLC DBA
4.5. Additional Services
Street Litter Abatement Program;
Community Cleanup Program;
Manure Collection;
Collection from City designated facilities; and
Collection for City Sponsored Events.
5. SERVICE RATES
Service Recipients are billed by the Contractor quarterly based on container size and the frequency of
collection. See additional documents found on BidNet for current service rates.
6. SERVICE DATA
Table 2, on the following pages, include Service Recipient data reported by the Contractors as of 2020.
Table 3 includes the reported tonnage data from the Contractors in 2019 and 2020. The City does not
guarantee the accuracy of the information provided in Table 2 or Table 3, on the following pages. As
City of Santa Clarita | Proposal #ES-21-22-16 Page 14 of 90
noted above, the City neither warrants nor accepts responsibility for the accuracy of the information
contained herein. It is the responsibility of the Proposer, at its sole cost, to conduct its own investigation
and research and to independently verify all material facts and information necessary for it to submit a
response to this RFP.
TABLE 2 – Service Recipient Data
Residential Cart Service Recipients
Garbage 32-Gallon 64-Gallon 96-Gallon
Total 3,683 1,305 47,837
Recyclable Materials 32-Gallon 64-Gallon 96-Gallon
Total 1,209 5,454 40,518
Green Waste 32-Gallon 64-Gallon 96-Gallon
Total N/A 2,644 51,854
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TABLE 2 – Service Recipient Data
Commercial Service Recipients
Garbage 1/Week 2/Week 3/Week 4/Week 5/Week 6/Week
64-Gal 71
96-Gal 20
1.5 CY 131 12 1
2 CY 40 3 1
3 CY 797 537 459 118 158 116
4 CY 72 83 74 29 46 38
6 CY 3 9 6 5 2
2 CY Compactor 2
3 CY Compactor 3
4 CY Compactor 3 2
Recyclable Materials 1/Week 2/Week 3/Week 4/Week 5/Week 6/Week
64-Gallon 75
96-Gallon 36
1.5 CY 154 8 4
2CY 12 1 1 16
3 CY 658 377 330 39 107 51
4 CY 6 17 31 9 7 11
City Designated Facilities
Garbage 1/Week 2/Week 3/Week 4/Week 5/Week 6/Week
64-Gallon 71
3 CY 15 22 17 2 2 1
4 CY 2
Recyclable Materials 1/Week 2/Week 3/Week 4/Week 5/Week 6/Week
64-Gallon 70
1.5 CY 2
3 CY 7 7
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TABLE 3 – Tonnage Data
2020
2018 2019
Single-Family Dwelling
Total Tonnage 95,260 104,726
Garbage 56,561 65,805
Recycling 13,007 10,913
Organic / Green Waste / Food Waste 25,602 27,931
Residual
Multi-Family Dwelling
Total Tonnage 31,216 32,995
Garbage 29,999 32,020
Recycling 1,162 909
Organic / Green Waste / Food Waste 54 65
Residual
Commercial (Includes City Tonnage)
Total Tonnage 40,541 40,936 34,282
Garbage 19,105 19,039 15,412
Recycling 5,980 6,093 5,446
Organic / Green Waste / Food Waste 335 452 397
Residual 15,120 15,350 13,025
Roll off/Debris Box
Total Tonnage 11,213 10,295 10,940
Garbage 4,689 4,745 3,889
Recycling 5,493 3,973 5,023
Organic / Green Waste / Food Waste 418 630 1,076
Residual 613 946 952
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SECTION C
Proposed Services
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PROPOSED SERVICES
PROPOSAL # ES-21-22-16
Solid Waste Services
Residential and Commercial Garbage, Recyclable Material
and Organic Waste Collection Services
City of Santa Clarita, California
Collection Services included in this procurement process are to be provided in the incorporated City limits
of Santa Clarita (“City Service Area”). Following City Council approval, Collection Services will start on July
1, 2023, and will terminate on June 30, 2033, providing for a ten (10) year Agreement. The term of the
Agreement may be extended by up to two (2) five (5) additional year terms, at the City’s sole option,
subject to City Council approval, and subject to the Contractor meeting performance requirements as
specified in the Franchise Agreement.
The City is proposing that the following Collection Services be provided within the City Service Area.
Proposers should note that the City is very interested in providing these services with minimum disruption
to residents and businesses. Therefore, as part of the Operations Plan requested in Section D, 2.4 of this
RFP, proposers will be required to discuss the methodology they will use to minimize the impact of any
operational changes that may occur.
Proposers should also note that the City is interested in providing these services in the most sustainable
manner possible, such as, but not limited to, providing the following:
State-of-the-art processing facilities that at all times meet or exceed all federal, state, and local
permitting requirements;
Incorporating education and outreach programs to further the City’s diversion requirements and
goals;
Educating Service Recipients on the benefits of diversion program participation; and
Reducing air emissions and wear-and-tear on City streets and Environmental Stewardship including
the use of local vendors and innovative “green” approaches to providing services.
Therefore, as part of the Diversion Plan requested in Section D, 2.4 of this RFP, Proposers will be required
to discuss the methodology they will use to provide sustainability programs associated with providing
requested services.
1. OVERVIEW OF BASE SERVICES
All Service Recipients in the City shall receive Solid Waste Collection Services which include minimum
collection services of at least weekly collection of Garbage, Source Separated Recyclable Material and
Source Separated Organic Waste. By default, Source Separated Organic Waste Collection Service is required
to include Green Waste and Food Waste, or a mix of Green Waste and Food Waste for all Service Recipients.
The selected Contractor will be required to collect all source separated Organic Waste and process for
diversion from landfill in a manner that guarantees diversion credit under the requirements of AB 939 and
AB 1594, and not use source separated Organic Waste as Alternative Daily Cover (ADC) at a landfill.
Source Separated Recyclable Materials accepted as part of the Collection Services includes cans
(aluminum and tin), glass bottles, newspaper, mixed paper, cardboard, and plastics. All Service Recipients
in the City shall be serviced using the designated sizes of Carts and Bins, as well as 10 to 40 cubic yard Roll-
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off Containers for permanent Roll-off Service Recipients.
2. SINGLE FAMILY DWELLING (SFD) COLLECTION SERVICES
2.1. SFD Bundled Service - The City wishes to retain a weekly SFD Solid Waste Collection Service
system, using one (1) 96-Gallon Garbage Cart (with the option to downsize to a 32-Gallon
or 64-Gallon Garbage Cart), one (1) 96-Gallon Recycling Cart, and one (1) 96-Gallon Organic
Waste Cart as part of the base SFD Solid Waste Collection Service. On-premise collection
must be made available to eligible participants (physically unable to move carts).
2.2. SFD Garbage Collection Service - The City wishes to retain a weekly, automated SFD
Garbage Collection Service program consisting of Garbage Carts in 32-, 64-, and 96-Gallon
sizes. Proposers are required to provide pricing for the 32-, 64-, and 96-Gallon Garbage Carts
requested by SFD Service Recipients.
2.3. SFD Recycling Collection Service - The City wishes to retain a weekly, automated SFD
Recycling Collection Service program, using 96-Gallon Recycling Carts. One (1) 96-Gallon
Recycling Cart will be provided to each Service Recipient as part of the base service to SFD
Service Recipients. SFD Service Recipients may request additional Recycling carts at no
additional cost.
2.4. SFD Organic Waste Collection Service - The City wishes to include a weekly, automated SFD
Organic Waste Collection Service of Green Waste and Food Waste, using 96-Gallon Carts.
One (1) 96-Gallon Organic Waste Cart will be provided to each Service Recipient as part of
the base service to SFD Service Recipients. SFD Service Recipients may request additional
Organic Waste carts for no additional cost. Holiday Tree Collection is to be included as part
of the curbside Organic Waste Collection Services program, starting December 26 through
the second Friday in January of each year. The cost for the base SFD Organic Waste Service
is to be included in the SFD base Service Rates.
2.5. Manure Collection Service - The City is requesting Carts and Bins provided upon request to
SFD and MFD Service Recipients for Manure Collection. This service shall be included as part
of the SFD and MFD Bundled Service for SFD and MFD Service Recipients. The cost for
additional Manure Collection Service in Carts or Bins is to be included in the SFD and MFD
base Service Rates.
2.6. SFD Bulky Waste Collection Service - The City is requesting to continue Bulky Waste
Collection Services provided to SFD Service Recipients. This service includes the on-call
collection of Bulky Waste (such as furniture, carpets, mattresses, wood or Yard Trimmings,
discarded household goods, etc.) of one and a half (1.5) cubic yards per collection or three
(3) items, up to four (4) times per year for SFD Service Recipients at no additional charge, at
the request of the SFD Service Recipient. Bulky Waste Collection Services are to be provided
within five (5) days of the request. The cost for Bulky Waste Collection Service is to be
included in the SFD base Service Rates.
3. MULTI-FAMILY DWELLING (MFD) COLLECTION SERVICES
MFD Collection Services will be considered as part of the Residential Collection Service. Should the
City decide to select two Contractors, one for Residential collection and one for Commercial
Collection, the Contractor awarded the Residential Collection Agreement will also be responsible for
all of the MFD Collection Services.
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The City wishes to have MFD Collection Service continue to be provided to Service Recipients in Carts,
Bins, and in-ground Containers.
3.1. MFD Bundled Service - The City wishes to have a weekly MFD Solid Waste Collection Service
system, using Carts and/or Bins as requested by the MFD Service Recipient. The base MFD
Solid Waste Collection Service will include at no additional cost the equivalent volume of
Garbage and Recycling Collection Service, with a minimum of at least one (1) 96-gallon
Recycling Cart per Service Recipient, and one (1) 32-Gallon Organic Waste Cart for every
two (2) Cubic Yards of Garbage Collection Service. The actual configuration of Recycling and
Organic Waste Cart and/or Bin sizes shall be based on the total equivalent volume and
configured in a manner determined by the Service Recipient in consultation with the
Contractor.
MFD Service recipients may request additional carts and/or bins or increase their collection
frequency for an additional cost.
3.2. MFD Garbage Collection Service - The City wishes to retain the current MFD Garbage
Collection Service collection system, using variable size Carts (32-, 64-, and 96-Gallon) and
Bins (1-6 cubic yard bins). Proposers must provide pricing for all container sizes listed here
and in Form K.
3.3. MFD Recycling Collection Service - The City wishes to expand the current MFD Recycling
Collection Service program for all MFD Service Recipients in the Service Area by using
variable-size Carts and Bins. The equivalent volume of Garbage and Recycling Collection
Service will be provided to MFD Service Recipients as part of the base service to MFD Service
Recipients. Additional MFD Recycling Collection Service may be provided for an additional
cost in variable size Recycling Carts and/or Recycling Bins, with the volume, collection
frequency and container type based on the individual needs of the MFD complex. The
Contractor will be required to furnish the necessary number and size of Bins and Carts to
accommodate the MFD Recycling Collection Services.
Revenue credit (or cost) for MFD Recycling Collection Service is to be separately accounted
for in the MFD Service Rates.
3.4. MFD Organic Waste Collection Service - The Contractor will provide MFD Organic Waste
Collection Service to all MFD Service Recipients in the Service Area, consistent with State
requirements of AB 1826 and SB 1383. MFD Organic Waste Collection Service is required to
include Green Waste and Food Waste in this program. Each MFD Service Recipient will
receive the equivalent volume of one (1) 32-Gallon Organic Waste Cart for every 2 Cubic
Yards of Garbage Collection Service as part of the base service (Contractor will be
responsible for identifying the number of units with the MFD property manager and
determining the correct equivalent configuration of Carts and/or Bins). Additional MFD
Organic Waste Collection Service may be provided in variable size Carts and/or Bins, with
the volume, collection frequency and container type based on the individual needs of the
MFD complex. The Contractor will be required to furnish the necessary number and size of
Bins and Carts to accommodate the MFD Recycling Collection Services. The cost for MFD
Organic Waste Service is to be separately accounted for in the MFD Service Rates. This
service is to be arranged by the property manager of the MFD complex.
The City is interested in proposals that can provide solutions for providing MFD Organic
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Collection Service in mixed-use complexes (MFD and Commercial Service Recipients that
have limited space for collection Carts or Bins, and/or Bin enclosures). The use of split Carts
and/or split Bins is acceptable.
Holiday Tree Collection is to be included as part of the curbside Organic Waste Collection
Services program, starting December 26 through the second Friday in January of each year.
3.5. MFD Bulky Waste Collection Service - The City is requesting that the selected Contractor
provide enhancement of Bulky Waste Services to MFD Service Recipients. This service will
include the on-call collection of Bulky Waste (such as furniture, carpets, mattresses, wood
or Yard Trimmings, discarded household goods) of 0.5 cubic yards per individual unit for
MFD complexes, up to four (4) times per year at no additional charge for MFD Service
Recipients, to be arranged with the MFD property manager. Bulky Waste Collection Services
are to be provided within five (5) days of the request. The cost for Bulky Waste Collection
Service will be “bundled” into the MFD Collection Rates proposed on Form K.
4. COMMERCIAL COLLECTION SERVICES
4.1. MXD (Mixed-Use Dwellings) Collection Services - MXD (Mixed-Use Dwellings) Collection
Services will be considered as part of the Commercial Collection Service. Should the City
decide to select two Contractors, one for Residential Collection and one for Commercial
Collection, the City shall have discretion over which franchise the MXD Collection Services
are under.
4.2. Commercial Bundled Service - The City wishes to retain a weekly Commercial Solid Waste
Collection Service system, using Carts and/or Bins as requested by the Commercial Service
Recipient, and including at no additional cost the equivalent volume of Garbage and
Recycling Collection Service, with a minimum of at least one (1) 96-gallon Recycling Cart per
Service Recipient, and one (1) 32-Gallon Organic Waste Cart per two (2) cubic yards of
Garbage as part of the base Commercial Collection Service. The actual configuration of
Recycling and Organic Waste Cart and/or Bin sizes shall be based on the total equivalent
volume and configured in a manner determined by the Service Recipient in consultation
with the Contractor. Proposers are required to provide pricing for collection of the base
services and for any additional services that may be requested by the Commercial Service
Recipient.
4.3. Commercial Garbage Collection Service - The City wishes to utilizing variable size Garbage
Carts (64-and 96-Gallon) and Garbage Bins (1-6 cubic yard bins). Proposers must provide
pricing for all container sizes listed here and in Form K.
4.4. Commercial Recycling Collection Service - The City wishes to continue the current single-
stream Commercial Recycling Collection Service program, using variable size Recycling Carts
and Recycling Bins, to all Commercial Service Recipients in the Service Area, consistent with
the State requirements of AB 341 and SB 1383. Each Commercial Service Recipient will
receive the equivalent volume of recycling carts and/or bin as Garbage Carts and/or Bins at
no additional cost as part of the base service (the actual configuration of Carts and/or Bins
may be determined between the Contractor and the Service Recipient; up to two (2) smaller
size Carts may be provided if necessary to meet space constraints). Additional Commercial
Recycling Collection Service may be provided in variable-size Carts and/or Bins, with the
volume, collection frequency and container type to be based on the individual needs of the
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Commercial Service Recipient or Commercial complex. The Contractor will be required to
furnish the necessary number and size of Recycling Bins and Recycling Carts to
accommodate the Commercial Recycling Collection Services.
4.5. Commercial Organic Waste Collection Service - The City wishes to expand the provision of
Organic Waste Collection Service to all Commercial Service Recipients in the City Service
Area, including Food Waste, consistent with State requirements of AB 1826 and SB 1383.
Commercial Organic Waste Collection Service is required to include both Green Waste and
Food Waste. Each Commercial Service Recipient will receive the equivalent volume of one
(1) 32-Gallon Organic Waste Cart per two (2) cubic yards of Garbage at no additional cost
as part of the base service (the actual configuration of Carts and/or Bins may be determined
between the Contractor and the Service Recipient; up to two (2) smaller size Carts may be
provided if necessary to meet space constraints). Additional Commercial Organic Waste
Collection Service may be provided in variable-size Organic Waste Carts and/or Organic
Waste Bins, with the volume, collection frequency and container type to be based on the
individual needs of the Commercial Service Recipient or Commercial complex. Large
generators of Green Waste may also subscribe to collection of Green Waste only (in
addition to the required base service). This service is to be arranged by the Commercial
Service Recipient or the property manager of the Commercial complex, as appropriate. The
cost for additional Commercial Green Waste Services is to be separately accounted for in
the Commercial Service Rates.
4.6. Commercial Manure Collection Service - The City is requesting Carts and Bins provided
upon request to Commercial Service Recipients for Manure Collection at a rate specified in
Exhibit K.
5. CITY SERVICES
5.1. Collection from City Service Recipients and City-Sponsored Events - The Contractor will
provide collection services to all City Facilities, at no cost to the City. These services include
the collection of Garbage, Recyclable Material and Organic Waste from City Facilities. This
service also includes collection of City-generated Bulky Waste from City facilities. Frequency
of service will be determined by location need. A list of current locations and service levels
will be provided in the Draft Franchise Agreement. The Contractor will provide Solid Waste
Collection Services for City-Supported Events, at no cost to the City, upon request.
5.2. City Clean-Up Services - The Contractor will provide collection services upon request to
support City’s Enforcement Clean-up in the Service Area. The Contractor will provide up to
sixty (60) collections at no additional cost to the City annually. In addition, upon City
request, Contractor shall collect, transport and process abandoned waste/illegally dumped
items based on high volume sites throughout the City and specific customer complaints at
no additional cost to the City. Currently, approximately four (4) hours per week (as needed)
is needed for clean-up of problematic areas and approximately 315 Resident Service Center
complaints are received for illegal dumping per year.
6. ADDITIONAL SERVICES
6.1. Large Item Drop-off Days - The selected Contractor will provide a drop-off location within
the City Monday through Friday between the hours of 8:00 am and 5:00 pm, and one
Saturday per month between the hours of 8:00 am and 12:00 pm, for SFD and MFD Service
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Recipients to drop off Bulky Items at no additional charge.
6.2. Neighborhood Clean-Up Events - The selected Contractor must provide SFD and MFD
Service Recipients with twelve (12) Clean-Up Day events annually. Residents of the City are
allowed to drop off Garbage, including Bulky Items, for disposal. The cost for this service is
to be bundled in the SFD and MFD Solid Waste Collection Service rates.
6.3. Mulch or Compost Delivery - At no cost to the City, the selected Contractor must assist the
City in arranging for the recovery of mulch, compost, or other Recovered Organic Waste to
comply with SB 1383 procurement requirements. The Contractor must deliver mulch or
compost materials at a time and location mutually agreeable between the City and the
Contractor. Delivered mulch or compost can be in bulk form or bagged.
6.4. Edible Food Recover Support - At no cost to the City, the selected Contractor must provide
support to the City’s Edible Food Recovery program as required under SB 1383. Contractor
support may include educating commercial edible food generators, and providing records
of site visits, conducting education efforts, and listing food recovery organizations.
6.5. Free Paper Shredding Events - Up to four (4) times per year, at no additional cost to City or
its residents, Contractor will conduct a free paper shredding event at a location as
determined by the City. At each event, all City residents will be permitted to deliver an
unlimited amount of paper for shredding free of charge by Contractor. Contractor must
arrange for all shredded paper generated by each event to be processed in such a manner
so as to ensure the diversion of this material from landfilling.
7. EDUCATION AND OUTREACH
7.1. Contractor must provide an on-going and effective Education and Outreach Program,
provided to all Service Recipients in the City to assist the City in meeting its diversion
requirements and goals. The Education and Outreach Program may involve the
development of education and outreach materials, staffing at City-Supported Events, a City-
specific website that fully explains the Contractor’s services and rates, effectively promotes
the diversion options offered to Service Recipients, and allows Service Recipients to submit
service changes, inquiries, complaints or queries, as well as other social media platforms,
and other strategies. The Proposer must include specific details of the proposed Education
and Outreach Program, how the program will be managed, and how effectiveness of the
program will be measured on an ongoing basis. These indicators are to be incorporated into
the on-going reports provided to the City, and the City reserves its right to re-direct
Contractor’s efforts or require additional Contractor efforts if the Education and Outreach
Program is not showing measurable and tangible results as proposed.
Education and Outreach Program responsibilities will include, but are not limited to, the
following:
AB 341, AB 1826, and SB 1383 implementation, including conducting on-site waste
audits and providing written summary reports for all Service Recipients at least once
per year for the first three (3) years of the term. Thereafter, on-site waste audits will
be conducted for a minimum of fifty percent (50%) of Commercial Service Recipients,
with the primary focus on those Service Recipients with the lowest program
participation or diversion. The results of the waste audits and on-going AB 341, AB
1826, and SB 1383 compliance reports will be provided to the City;
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Educate City staff and Service Recipients as appropriate, regarding AB 341, AB 1826,
AB 1594, SB 1383, and other State legislation;
Develop and distribute public education and outreach material to Service Recipients;
Advise appropriate personnel (management, employees, janitors, etc.) at MFD and
Commercial Service Recipients on methods and recommendations to increase
recycling and decrease landfilling (i.e., how to maximize diversion and provide
educational materials, posters, labels, etc.);
Inform and educate Service Recipients on the full range of all services being offered,
including Cart and Bin exchange and cleaning, Clean-Up Day annual events, and Bulky
Waste Collection, and availability of Indoor Food Waste Pails/Containers;
Advise Service Recipients on the selection of collection services and container sizes
to maximize diversion, and the potential cost control if a Service Recipient takes
recommended actions to increase diversion;
Educate Service Recipients, especially MFD and Commercial Service Recipients, on
how to participate in Recycling and Organic Waste diversion programs, and decrease
or eliminate contamination; and
Educate and train staff and custodians on best practices for recycling, waste reduction
and availability and use of in-house recycling containers.
Upon award of Franchise Agreement, the Contractor will meet with key City staff on a
monthly basis to review, at a minimum, program performance, current and anticipated
activities, specific outreach performed to promote high participation in diversion programs,
ability for Service Recipients to change service levels, awareness of and participation in
Bulky Waste Collection, methods to monitor contamination, Service Recipient service
messaging on diversion programs. Starting in July 2024, at the City’s option, the frequency
of meetings may be reduced. The Contractor may use subcontractors to perform some or
all the duties normally assigned to outreach staff. The City will approve any such
subcontractors in advance. The City will approve the specific program activities associated
with the Education and Outreach Program, and the selected Contractor’s Education and
Outreach Plan will be included as an Exhibit to the final executed Franchise Agreement.
8. COLLECTION CONTAINERS
8.1. Contractor must provide Collection Containers that are compliant with SB 1383. Contractor
must distribute new carts and newly painted bins at the start of the Agreement. Each
container must be in a color distinctive to each use and all containers for the same use shall
be colored the same. Each container shall be marked with an adhesive label or imprinted
with its intended usage in letters and pictures. The label shall specify what materials are
allowed to be placed in each container. Labels must represent acceptable versus
unacceptable items in written or graphic form. The following colors shall be used for
collection container lids: Garbage (black or grey); Recyclable Materials (blue); Organic
Waste (green); Contractor-owned Compactor Bins (color appropriate to content as
previously designated); Food Waste (brown).
Contractor must provide Carts in the sizes specified in this RFP, upon commencement of
service. The Contractor must also provide Bins ranging in size from 1 to 6-cubic yard capacity
City of Santa Clarita | Proposal #ES-21-22-16 Page 25 of 90
for collection from MFD Service Recipients, Commercial Service Recipients, and City
facilities, except for Organic Waste Bins which shall be provided in sizes ranging from 1 to
3-cubic yard capacity. Carts must be new at the start of the contract. The cost for this
service is to be bundled in the Collection Service rates and not charged as a separate cost
to the Service Recipient. Use of used Carts and Bins require the prior written approval of
the City. Proposer’s Cart and Bin specifications will be included in the final Franchise
Agreement. The City may inspect the condition of the Carts and Bins and may require
immediate replacement of Carts or Bins if they are determined by the City not to be in good
working order or visually acceptable appearance.
The City anticipates that during the term of the proposed Franchise Agreement, Carts will
need to be repaired and/or replaced with new Carts. Accordingly, all new Carts will have
heavy duty wheels, attached hinged lids, and be designed to be resistant to inadvertent
tipping due to high winds. All new or replacement Carts must be compatible with
automated collection and similar to the existing Carts. The City will approve the specific
colors of the Carts (blue for Recyclable Material, green for Organic Waste, and black or grey
for Garbage) and Cart design (square, rectangular, tall, short). The lids and bases on all Carts
must have matching colors or as approved by SB 1383. All new or replacement Carts will be
manufactured with a minimum twenty percent (20%) recycled material content and come
with a ten (10) year warranty against defects. The City strongly encourages new and
replacement Carts to be made of materials with a higher recycled content than twenty
percent (20%). The City also requires that all new or replacement Carts be hot-stamped,
embossed, or labeled/decaled with the “Disposal Company”, a unique identification
number, and images of the type of materials to be collected (i.e., Garbage, Organic Waste,
Recyclable Material). All Carts shall also contain instructions for proper usage. If any of the
above is accomplished via labels or decals, such labels or decals must be maintained and/or
replaced as necessary throughout the term to maintain a near new appearance. The Carts
shall contain all writing in both English and Spanish languages.
Throughout the term of the Franchise Agreement, at no cost to Service Recipients,
Contractor must replace or repair Carts or Bins if replacement or repair is due to wear from
normal use, or damage caused by the Contractor. In addition, Service Recipients may
request a Cart or Bin exchange for each commodity type twice during the term of the
Agreement at no cost to the Service Recipient. However, if the Cart or Bin is damaged by
Service Recipient, Contractor may charge for the repair or replacement. Replacement or
repair of a Bin or Cart is to be done by the next regularly scheduled collection day after
verbal or written notice by the City, a Service Recipient, or as observed by Contractor’s staff.
At a minimum, the City will assess liquidated damages for Carts or Bins not in good
working order or visually deficient, Contractor not replacing or repairing Carts or Bins as
required by the Franchise Agreement, leaky oil collection containers, or for Carts or Bins
not properly labeled.
9. COLLECTION VEHICLES
9.1. Upon commencement of the Franchise Agreement and throughout the term of the
agreement, the Contractor must provide collection vehicles that comply with federal, state,
regional and local clean air and safety standards. Collection vehicles must be new at the
start of the Agreement. The specific type of fuel to be used is to be proposed by the
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Proposers. Proposers also must demonstrate how their collection vehicles will comply with
California Air Resource Board standards. The City encourages the use of collection vehicles
that exceed the minimum standards, including the use of CNG/LNG/Electric powered
vehicles. Additionally, if during the term of the Franchise Agreement, new technologies are
available such as hybrid or electric powered collection vehicles, the City or the Contractor
may request/negotiate implementation of such new collection vehicles, with a
corresponding change on Service Rates to reflect additional cost or savings.
The City is also concerned with additional wear to the City’s streets from collection vehicles.
The City is interested in collection methods and collection vehicles that minimize wear on
the City’s streets. Proposers must specify the gross operating weight of the collection
vehicles, the methods to monitor, report and eliminate overweight collection vehicles from
operating within the City. The City will assess liquidated damages for vehicles that exceed
local, state or federal maximum loaded vehicle weights, collection vehicles not meeting
the required performance standards, or leaking fuel, oil, coolant, or hydraulic fluids on
the public or private streets and parking lots located within the City.
Proposers are required to provide a description of how their collection vehicles and
collection methods will minimize wear on the City’s streets.
All collection vehicles will be equipped with GPS tracking devices that can be used to record
start and stop times, vehicle locations, and maximum speed. All collection vehicles must
meet federal, state, and local maximum noise standards, and be repainted at least once
every five (5) years, or as reasonably determined by the Agreement Administrator to
maintain a positive public image. In addition, vehicles that will be used on a temporary basis
(during regular vehicle maintenance or repair) must meet all the Franchise Agreement
specifications if they are used more than forty-five (45) days per year.
Additional details on specific vehicle requirements can be found in the Draft Franchise
Agreement, to be provided via Addendum.
10. COLLECTION HOURS AND DAYS
10.1. SFD collection hours shall be between 7:00 a.m. and 7:00 p.m., Monday through Friday.
MFD collection hours shall be between 7:00 a.m. and 7:00 p.m., Monday through Friday.
Commercial and City collection hours shall be between 5:00 a.m. and 7:00 p.m. Monday
through Saturday. Commercial collection adjacent to SFD/MFD/MXD shall be between 7:00
a.m.-7:00 p.m. Monday through Friday and Saturday 8:00 a.m.-7:00 p.m. The City may also
require restricted collection hours in areas impacted by commute traffic, road repair,
around schools, in areas where commercial collection is within six hundred (600) feet of
residential housing, or where continued noise complaints about collection vehicles have
occurred.
11. DISPOSAL AND PROCESSING FACILITIES
11.1. The Proposer agrees, without constraint as a free-market business decision in accepting this
Agreement, to use the Disposal Site, Recyclable Materials Processing Site, and Organic
Waste Processing Site as approved and directed by the City for the purpose of Disposing of
all Solid Waste, and Transfer and Processing of all Recyclable Materials and Organic Waste
it collects in the City. Such decision by the Proposer in no way constitutes a restraint of trade
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notwithstanding any change in Law regarding flow control limitations or any definition
thereof. The City designates Chiquita Canyon Landfill as the City’s disposal facility. Approved
processing facilities include Rent-a-Bin (Inert Type A Operation); Rent-a-Bin (Chip and Grind
Operation); Rent-a-Bin (Small Vol. CDI Operation); and Rent-A-Bin. For additional details on
these facilities see Exhibit 9 of the Draft Franchise Agreement.
In the event that a fully permitted organics processing facility is developed at 20745 Santa
Clara Street, consistent with the existing agreement between the City of Santa Clarita and
RANDFAM INC. (d.b.a. Rent-a-Bin), the City reserves the right to direct the flow of organic
material to this location for processing in compliance with the requirements of SB 1383.
12. DIVERSION STANDARDS
12.1. For Agreement Years 2023 and 2024, the minimum annual Franchised Diversion Rate
requirement will be forty percent (40%) and CalRecycle Diversion standards will be fifty-five
percent (55%). For Agreement Years 2025 and 2026, the minimum annual Franchised
Diversion Rate requirement will be fifty-five percent (45%) and CalRecycle Diversion
standards will be sixty percent (60%). For Agreement Years 2027 and 2028, the minimum
annual Franchised Diversion rate requirement will be fifty percent (50%) and CalRecycle
Diversion standards will be sixty five percent (65%). For Agreement Years 2029 and 2030,
the minimum annual Franchised Diversion rate requirement will be fifty-five percent (55%)
and CalRecycle Diversion standards will be seventy percent (70%). For Agreement Year
2031, and for each Agreement Year thereafter during the term of this Agreement, the
minimum annual Franchised Diversion rate requirement will be sixty percent (60%) and
CalRecycle Diversion standards will be seventy-five percent (75%).
13. DISPLACED EMPLOYEES
13.1. The City requires that the selected Contractor offers employment to displaced employees
of the prior contractors (and, if applicable, subcontractors) for a period of not less than
ninety (90) days and to comply with the requirements of sections 1072 and 1075 of the
California Labor Code. Proposers shall include a declaration of intent in the cover letter of
their proposal, indicating their agreement to retain the employees of the prior
contractors/subcontractors for a period of not less than ninety (90) days pursuant to section
1072(a) of the California Labor Code. Any Proposer that fails to include such a declaration
in the cover letter of its proposal may be considered non-responsive, and, if so, its proposal
will not receive further consideration.
Prior to contract award, the City will require the selected Contractor to affirm its
commitment to provide offers of employment to displaced employees, including the
provision to employ displaced employees for not less than ninety (90) days. The City will
also require the selected Contractor to agree to make information about wage rates,
benefits and job classifications of employees available to the City prior to subsequent
procurement for solid waste collection and transportation services.
Table 5, on the following page, provides additional information on the employees of the
current contractors.
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Table 5 – Employees of Burrtec
Union Number of
Job Title Rate of Pay Sick Leave Holidays Health Vacation
Code Employees
Residential Garbage
$25.15 to $29.05 n/a 13 32 hours/yr.
Driver
Residential Recycle
$25.15 to $29.05 n/a 11 32 hours/yr.
Driver
Residential Green
$25.15 to $29.05 n/a 8 32 hours/yr.
40-160
Waste Driver
hours
Roll Off Driver Class B
$25.15 to $29.05 n/a 1 32 hours/yr. depending
CDL
on yrs. Of
Commercial Garbage
service
$25.15 to $29.05 n/a 15 32 hours/yr.
Driver
Commercial Recycle
$25.15 to $29.05 n/a 4 32 hours/yr.
Driver
Medical
6 days
Commercial Green
PPO,
$25.15 to $29.05 n/a 0.5 32 hours/yr.
Waste Driver
Dental,
80-200 80-200
Vision,
Route Supervisors $74,500.00 n/a 4
hours hours
Life
40-160
Mechanics $24.30 to $33.45 n/a 10 32 hours/yr.
hours
depending
Shop Assistants (works
on yrs. Of
$15.95 to 20.55 n/a 3 32 hours/yr.
with mechanics)
service
Customer Service 80-200 80-200
$62,462.40 n/a 2
Manager /Supervisor hours hours
Customer Service 40-160
$18.25 to $23.70 n/a 3 32 hours/yr.
Representatives hours
Recycling/Sustainability
80-200 80-200
/ Public Education $66,340.00 n/a 2 6 days
hours hours
Coordinator
14. BILLING
14.1. The Contractor shall be responsible for the billing and collection of payments for all
Collection Services. Contractor must charge Service Recipients the Service Rates approved
by the City and such rates may be adjusted under the Agreement.
15. SERVICE RATES
15.1. The City wishes to provide incentives for residents and businesses to actively participate in
Recycling and Organic Waste programs, while not being required to over-subscribe for
services. Service Rates will be based on the Garbage, Organic Waste and Recycling container
capacity, and/or the number of containers and frequency of collection.
Maximum Services Rates will be effective July 1, 2023 and will be adjusted beginning
January 1, 2025, and each January 1 thereafter during the term of the Agreement by
multiplying the prior year’s Maximum Service Rate by 1 plus the percentage change in the
“Consumer Price Index” or CPI index (or another mutually agreed-upon index if this one is
no longer published) between the most recently published February index and the
corresponding index published twelve months earlier, or 3.5% whichever is less, with an
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adjustment floor of 0.0%. Adjusted Service Rates shall be rounded to the nearest cent.
There will be a Santa Clarita Valley Rate Cap. All maximum rates shall remain below all
jurisdictions, including Incorporated Cities and Unincorporated County Areas, with
franchised collection services in the Santa Clarita Valley.
16. CONTRACTOR’S PAYMENTS TO THE CITY
16.1. The Contractor will pay to the City the following fees:
17. Reimbursement for the Cost of this Procurement Process
17.1. The Contractor shall reimburse the City for the cost of this procurement up to but no more
than Three Hundred Thousand Dollars ($300,000.00). This one-time payment is due within
thirty (30) days of the Effective Date of the Franchise Agreement.
18. Quarterly Fees and Payments
18.1. Franchise Fee: The Contractor shall pay Franchise Fee to the City. Franchise Fee will be
quarterly payment to City equal to ten percent (10%) of Gross Revenues collected under
the terms of this Agreement.
18.2. Marketing and Sales of Recyclable Materials: Contractor shall pay City $5.50 per ton on
Recyclable Materials Revenues.
19. Annual Fees and Payments
19.1. Administrative Fee: For the administrative costs of managing the City’s solid waste
program, Contractor shall pay City an annual Administrative Fee of Three Hundred
Thousand Dollars ($300,000).
19.2. SB 1383 Implementation Fee: Company shall pay to City an SB 1383 Implementation Fee
for the implementation, reporting, and enforcement of SB 1383 in the amount of One
Hundred and Thirty Thousand Dollars ($130,000) annually.
19.3. Advertising and Outreach Contribution: The Contractor shall pay the City an annual
advertising and outreach contribution in the amount of twenty thousand dollars ($20,000).
20. Other Fees
20.1. The City may set other fees, as it deems necessary. Such other fees may include, but shall
not be limited to, franchise fees, landfill closure funding, and street sweeping operations.
The amount, time, and method of payment and adjustment process shall be set in a manner
similar to that for other fees described in this Section.
21. Adjustment to Fees
21.1. City may adjust the fees described in this Section and Article 4 of the Draft Franchise
Agreement (Attachment 1) at any time during the Term of the Franchise Agreement. All
changes in the total amount of fees to be collected by Contractor and remitted to the City
shall be promptly reflected in an adjustment in Service Rates, such that the Contractor shall
be fully compensated in its Service rates for all such fees.
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22. BILLING AUDIT, FINANCIAL AUDIT, AND PERFORMANCE REVIEW
22.1. Only if requested by the City, a billing audit, financial audit, and performance review may
be conducted up to two times during the initial term, provided that a pre-established
methodology is agreed to by both the City and the Contractor. The Contractor is responsible
for paying for fifty percent (50%) the Detailed Rate Review.
23. COMPOST REVENUES
23.1. If Proposer receives any revenues from the sale of processed organic waste (i.e., compost),
it will be retained by the Contractor. The City believes it is appropriate for the successful
Contractor to retain these revenues and directs Proposers to take these monies into
account when completing their Service Rates.
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SECTION D
Response Format
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RESPONSE FORMAT AND SELECTION CRITERIA
PROPOSAL # ES-21-22-16
Solid Waste Services
Residential and Commercial Garbage, Recyclable Material
and Organic Waste Collection Services
City of Santa Clarita, California
1. PREPARATION OF PROPOSALS
Five (5) double-sided hard copies of the proposals, all placed in binders with a cover indicating the
proposer name and proposal title and number must be submitted. Proposers shall also provide a
reproducible digital copy of the complete proposal, in a single PDF file submitted via BidNet at the
following link: www.bidnetdirect.com//cityofsantaclarita, on a USB drive, along with a Microsoft excel file
of the service rate proposal (Attachment 2). Additional copies may be requested by the City at its
discretion. All blank spaces must be filled in and noted, in blue ink or typed, with amounts extended and
totaled as appropriate.
All required original signatures must be in blue ink. All corrections made by the Proposer to any part of
the RFP document must be initialed in blue ink. Only one (1) proposal from any individual, firm,
partnership, or corporation under the same or different names will be considered.
Proposals by corporations must be executed in the corporate name by two (2) corporate officers. One
signature must be from the chairman, president, or vice-president, and the other signature must be from
the chief financial officer, assistant treasurer, secretary, or assistant secretary. The corporate address and
state of incorporation must be shown below the signature.
Proposals by partnerships must be executed in the partnership name and signed by a partner. His/her title
must appear under his/her signature, and the official address of the partnership must be shown below
the signature. Proposals by limited liability companies must be executed in the company’s name and
signed by a managing member. No Proposer shall take exception to the specifications herein. Proposals
taking exception to the specifications may be rejected as non-responsive.
2. PROPOSAL CONTENT
To expedite the evaluation process, each proposal shall be organized in accordance with this Section as
outlined in Table 6. Instructions for preparing each section of the proposal shown in the outline are given
in the following subsections. Proposals that do not follow the specified format outlined below, or fail to
provide the required documentation, may receive lower scores during the evaluation process. In the event
of any conflict between any of the proposal documents, resolution thereof shall be in the City’s sole
discretion. The Proposers shall provide the information as requested and as applicable to the proposed
services. Headings and section numbering utilized in the proposal shall be the same as those identified in
Table 6. Proposals shall include the following information in the format indicated in Table 6, on the
following page.
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SECTION TABLE 6: OUTLINE FOR PROPOSAL
COVER LETTER
EXECUTIVE SUMMARY
PROPOSAL BOND
1
PERFORMANCE BOND COMMITMENT LETTER
SIGNED COPIES OF ADDENDA
TABLE OF CONTENTS
2 QUALIFICATIONS
3 STATEMENT OF FINANCIAL QUALIFICATIONS
4 TECHNICAL PROPOSAL
5 FORMS
6 SERVICE EXCEPTIONS/ALTERNATIVES (if applicable)
7 APPENDIX
2.1. Cover Letter, Executive Summary, Proposal Bond, Performance Bond Commitment Letter,
Signed Copies of Addenda, Table of Contents
All proposals must be accompanied by a cover letter not exceeding the equivalent of four (4) pages
and should provide as follows:
Name, address, telephone number, fax number, and email address of applicant’s key
contact person.
Description of the type of organization (e.g., corporation, partnership, limited liability
company, including joint venture teams and subcontractors) submitting proposals.
Name of the entity that will sign the Franchise Agreement, in the event one is awarded.
Written statements warranting, certifying, and guaranteeing the following:
o Proposer has examined, understood, and agreed to the Franchise Agreement.
o The requirements of the Draft Franchise Agreement as described in this RFP
document, its enclosures, and all addenda, by listing all addenda and dates
received, have been thoroughly reviewed and the Proposer has conducted all due
diligence necessary to confirm material facts upon which the proposal is based.
o If the City awards the Collection Service to the Proposer, that the Proposer shall
reimburse the City three hundred thousand dollars ($300,000) for the cost of this
procurement. This one-time payment is due within thirty (30) days after the
Effective Date of the Franchise Agreement.
o The Proposer will not receive any additional compensation that is not included in
the Proposer’s Rate Proposal Forms (Attachment 2) for providing Collection
Services in the City.
o The validity of the proposal contents including proposed Service Rates and pricing
for a period of one hundred eighty (180) days.
o The Proposer will enter into the Franchise Agreement with the City if selected as
the City’s Collection Service provider.
o The use of Sunshine Canyon Landfill is prohibited under the terms of the
Franchise Agreement.
o Organic Waste Processing capacity for all Organic Waste that pertains to this
Franchise Agreement.
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o No gratuities have been or will be offered or given by Proposer, or any agent or
representative of the Proposer, to any officer or employee of the City or any
participant in the selection of a Proposer to furnish the services described herein
to secure a favorable treatment regarding the evaluation, scoring, and Franchise
Agreement award process.
The following items should be appended to the cover letter:
Executive Summary – Not to exceed six (6) pages. Must highlight the major elements of
the Proposer’s qualifications and proposal, including a brief description of the Proposer’s
initial transition plan and schedule, and facilities to be used. All information should be
provided in a concise manner.
Proposal Bond;
Performance Bond Commitment Letter;
Signed Copies of Addenda acknowledging receipt; and
Table of Contents.
2.2. Qualifications
Key Staff Persons (including Proposer’s Service Supervisor and Collection Service Manager assigned
to the City). Proposers must identify each person and provide resumes for key staff proposed for the
service identified herein. Demonstrated experience in providing residential and commercial collection
services, and knowledge of collection containers and automated collection vehicles is of key
importance to the City. Additionally, Proposers must demonstrate experience and ability to work
closely with the current hauler and City staff during the transition period, and on an ongoing basis
with City staff during the duration of the Franchise Agreement.
Staff Responsibilities. Proposers must provide names and resumes of principal officers, partners, or
other officials or managers who will be performing substantive responsibilities required under the
Franchise Agreement. Proposers must describe relevant technical experience of key personnel, their
background in Garbage, Recyclable Material, and Organic Waste collection/processing.
References. Proposers must provide a minimum of three (3) clients that the City may contact to
conduct a reference check. The Proposer must be providing or have provided similar services as
requested herein to these references the within the last three (3) years. Complete references must
also be included on the Form provided in Section F.
Litigation and Notice of Violation History. For all Litigation and Notice of Violation History, Proposer
may limit disclosures to the following California counties: Los Angeles, Ventura, Kern, San Bernardino,
Orange, and Riverside. The Proposer must provide a history for the last five (5) years of all claim
settlements, arbitrations, litigation proceedings, and civil actions involving One Hundred Thousand
Dollars ($100,000) or more, and all criminal actions in which the company, its parent company,
subsidiaries, all partners, or principals were involved.
For each case, the Proposer must provide the following:
The name of the claim, arbitration, litigation or action;
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The amount at issue or the criminal charges alleged; and
The resolution of the case.
The Proposer must also provide details of any current or threatened legal actions in California against
the Proposer or its parent company, subsidiaries, all partners, principals, or joint venture
company(ies) by a governmental entity contracting with the Proposer or its parent company for
services relating to solid waste management, or against such a government entity by the Proposer or
its parent company or joint venture company(ies). For each action, the Proposer must provide the
following:
The name of the action;
The court in which the action is pending;
The action number; and
The amount at issue.
The Proposer shall provide a list of all Notice of Violations and/or enforcement actions taken against
it during the last five (5) years by any regulatory agency such as, but not limited to, the United States
Environmental Protection Agency, Air Quality Management District, a Local Enforcement Agency
under the California Integrated Waste Management Act, or Cal/OSHA. The list shall include the name
of the regulatory agency and the date of the enforcement action and a copy of any Notice of Violation.
The Proposer shall inform the City if it has had a permit, franchise, license, entitlements, or business
licenses that have been revoked or suspended in the last five (5) years.
The Proposer must list any liquidated damages, administrative fines, charges, or assessments that
total Fifty Thousand Dollars ($50,000) or greater in any one (1) calendar year during the last five (5)
years that have been paid by the Proposer to a public agency as a result of solid waste management
services provided by Proposer. The list shall include the name of the public agency, the date and
amount of the liquidated damages, administrative fines, charges, or assessments, and the reason the
public agency assessed the liquidated damages, administrative fines, charges, or assessments.
The Proposer must list any claims against a bid, proposal, or performance bond and the results and
failure to receive a bid, proposal, or performance bond, or any contractual defaults or termination in
the last fifteen (15) years.
2.3. Financial Qualifications
The Proposer must provide a written statement of its financial qualifications to perform the work
described in this RFP. The statement must thoroughly describe and provide documentation of the
Proposer’s ability to secure financing for all trucks, facilities, other equipment and labor required to
perform all services described in this RFP, as must include the total estimated amount of expense and
financing that is expected to be incurred and utilized in performing the work.
This statement must be accompanied by a letter from Proposer’s bank/financial institution clearly
stating that the Proposer has adequate assets and/or irrevocable line of credit that is sufficient to
compensate for all required payments to the City, capital costs, equipment costs, start-up costs, and
a minimum of three (3) months’ operating costs.
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The Proposer must provide copies of audited financial statements for the entity that is proposed to
sign the Franchise Agreement, for the most recent three (3) fiscal years. Audited financial statements
should include: balance sheet, income statement, statement of changes, footnotes, and subsidiary
schedules.
In the event that a Proposer does not have audited financial statements, three years of business tax
returns, with supporting schedules, may be provided. However, tax returns are not an alternative to
providing audited financial statements; if the Proposer has audited financial statements, those must
be provided.
The City reserves the right to require submission by Proposer, at no cost to the City, an opinion by a
Certified Public Accountant with regard to the financial status of such Proposer, including ownership
of, or interest in, equipment and facilities prior to award of a Franchise Agreement.
As is set forth in this RFP, the City will make reasonable efforts, but makes no representation, that it
will be able to maintain total confidentiality of Proposer’s financial information. A Proposer that
submits financial information that it asks to have treated as confidential should submit a statement
justifying the request, reference it in the proposal and label it as a separate attachment, clearly
identifying it as confidential. At all times, the City will comply with the provisions of the California
Public Records Act.
2.4. Technical Proposal
Proposers are required to provide a description of the manner in which the requested services are to
be provided. The work plans must address and include those items as specified below.
The City will place significant emphasis on Proposer’s proposed work plans during the evaluation
process. At a minimum, Proposers shall include the following work plans:
Transition Plan
Proposers shall provide a detailed Transition Plan that describes the plans and schedule of events for
the provision of new services. The Transition Plan will be included as part of the operations plan, which
is an exhibit to the final Franchise Agreement, when approved by the City. The Transition Plan must,
at a minimum, address the following items:
In concise terms, what the Proposer will accomplish prior to the start of Collection Services;
How Service Recipients will select the size and number of Carts or Bins;
How the Proposer will retain the current franchisee’s employees;
How the Proposer will provide transition services;
The specific types of education and outreach activities that will occur, including specific
frequencies and amounts of education and outreach, by type of activities;
How the transition will be coordinated with the current services and current hauler (switching
of containers, billing system, etc.); and
Transition schedule and weekly timing plan to transition from the current collection system to
the Proposer’s collection system, for public education and outreach on new services, and for
removal and replacement of Carts and Bins.
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In developing the Transition Plan, Proposers should consider that the City strongly seeks to reduce
disruption to Service Recipients during the transition period.
Operations Plan
Proposers shall provide a detailed Operations Plan that presents the specific collection and processing
programs that will be implemented in the City. This must address items as listed above and include:
A. VEHICLES
A listing of the Proposer’s collection equipment and all accessories by type, model, year of
manufacture, and anticipated remaining useful life, as of the date of the inventory;
As new collection vehicles are to be provided, delivery guarantees by manufacturers shall
be included in the proposal for all new equipment to be provided to the City;
Vehicle fuel type, size, number of axles, gross vehicle weight, maximum load capacity,
turning diameter, number of collection compartments, for all collection vehicles (front
loader, side load, rear load, single-body, split-body collection, regular compactor, small
compactor, pup trucks, etc.);
How Proposer’s collection vehicles will reduce air emissions, and reduce wear and tear on
the City’s streets;
How the Proposer will use technology, such as GPS, to track and monitor collection and
identify the proposed technology brand to be used;
The appearance of the vehicles including the color and information to appear on the
outside of the vehicle;
Vehicle maintenance program, including response/replacement/repair time for vehicles
on route; and
The scheduled maintenance and cleaning of the vehicles.
B. CONTAINERS
Containers to be used;
Past experience of other collection programs with this type of container;
The sufficiency of the containers’ capacity based on the requirements of the Collection
Services;
The suitability of containers to be used in areas that have may have limited space, or are
in Bin enclosures;
Ease of cleaning and the appearance of the containers including their colors and
information to be imprinted on the containers; and
Container maintenance program, including response/replacement/repair time for
containers.
C. ROUTE OPERATIONS
The number of vehicles required for the collection programs, and the number of routes to
be performed by each service line and material type collected;
The number of containers collected per hour by service line and material type collected;
Total number of route hours (8 or 10 hours/day, and the total hours on-route by service
line and material type collected;
The number of vehicle passes per Service Recipient;
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Number of crew members required per vehicle and their responsibilities;
The advantages and disadvantages of the type of vehicle chosen (particularly with regard
to noise, emissions, and the impact on the City’s roads);
How drivers and dispatch will communicate while on route to resolve customer service
requests/complaints;
Methods used by drivers to monitor contamination and how this will be communicated to
Service Recipients;
The material type each vehicle will collect; and
Approach to conducting annual route audits to verify the service levels and Service
Recipient billing is 100% correct.
D. FACILITIES
The name and owner of the facilities to be used for transfer, Recyclable Material and
Organic Waste processing, corporation/maintenance yard, customer service, etc., their
location and distance from the center of City;
Recovery rates for the Recyclable Material and the Organic Waste processing facilities, net
of residual.
Operating limitations of the Recyclable Material and Organic Waste Processing Facilities
(i.e., contamination/residual, material types accepted, hours, etc.);
How Recyclable Materials and Organic Waste will be marketed and sold, contingencies for
changes in markets, and the average dollar/ton received for the sale of Recyclable
Material; and
The permitted capacity of each facility and the ability to accommodate the City’s
operations over the term.
E. SAFETY
Staffing safety requirements, including physical, drug, and alcohol testing requirements;
Hazardous Waste, including E-Waste and U-Waste, management protocols; and
Health and safety management procedures.
F. REPORTING
Detailed AB 341, AB 939, AB 1594, AB 1826, and SB 1383 monitoring and reporting,
including electronic transmission of reports to City;
Method used to track tonnage collected, disposed, processed, and residue disposed; and
Process for reporting Service Recipient complaints and dispute resolution to the City.
Customer Service Plan
Proposers shall provide a detailed Customer Service Plan that specifies the customer service
operations that will be used in the City. The Customer Service Plan will be included as an exhibit to
the final Franchise Agreement, when approved by the City. Customer service hours should be noted.
The Customer Service Plan must include the following:
Protocol for receiving customer calls, issuing work orders, closing work orders, and call backs
to Service Recipients;
Protocol for Service Recipient billing, billing changes, and billing disputes;
City of Santa Clarita | Proposal #ES-21-22-16 Page 39 of 90
Whether or not a new phone system and/or new website will be included;
Staffing levels to ensure excellent customer service and limited wait times (state the number
of customers per Customer Service Representative); and
Payment programs and options providing alternatives for Service Recipients to pay.
Diversion Plan
Proposers are required to provide a description of the diversion and sustainability programs associated
with providing the requested services. This may include, without limitation, the Proposer’s approach
in obtaining the diversion goals specified in this RFP. Proposers must provide diversion estimates,
which must not be less than the minimum diversion required in this RFP and must be tied to specific
collection methods and public education programs. Failure to provide the estimated diversion
tonnages and diversion estimates will be grounds for disqualification. The Diversion Plan will be
included as an exhibit to the final Franchise Agreement, when approved by the City.
The Diversion Plan must, at a minimum, include the following:
Proposer’s approach to meeting the City’s diversion requirements and assisting the City with
meeting CalRecycle’s seventy-five percent (75%) diversion goal by June 30, 2031. This must
be done by specific diversion programs by program type (SFD, MFD, Commercial, Recyclable
Material, Organic Waste, Bulky Waste, etc.);
Diversion facilities to be used (including name, location, owner/operator, permit status, and
permitted capacity);
A schedule showing specific programs and tasks, milestones, and time frames for meeting the
diversion requirements, as specified in this RFP; and
A table segregated by SFD, MFD, Commercial, and Additional Services that estimates
tonnages for Recyclable Material and Organic Waste delivered and processed, and the
estimated residual tonnages for each calendar year of the Franchise Agreement beginning
with Agreement Year 2023;
Proposer’s approach to reducing contamination of Recyclable Materials and Organic Waste;
Proposer’s approach to reducing air emissions, and wear and tear on the City’s streets;
Environmental Stewardship (all environmental management policies and activities related to
the proposed activities should be described, including the use of alternative fuel vehicles, use
of recycled products throughout operations, internal waste reduction and reuse protocol,
water and resource conservation activities within facilities (design, construction and
operation), compliance with laws governing E-Waste, HHW, and U-Waste, and use of non-
toxic products when possible);
Use of local vendors; and
Innovative “green” approach to providing services.
Education and Outreach Plan
Proposers shall provide a detailed Education and Outreach Plan that specifies the methods and public
education materials that will be used for program start-up, and throughout the Franchise Agreement
term for the City. Specific attention should be given to methods to achieve high participation and
diversion through Recycling and Organic Waste Collection programs, City-Supported Events, and on-
going “how to” promotions. The Education and Outreach Plan will be included as an Exhibit to the
final Franchise Agreement, when approved by the City. Specifically, Proposers must address all items
as discussed in Section C, 5.3 of this RFP, as well as the following:
City of Santa Clarita | Proposal #ES-21-22-16 Page 40 of 90
Implementing aggressive public education programs, especially with MFD and commercial
solid waste generators, to meet the City’s diversion requirements;
Methods to reduce contamination of Recyclable Material and Organic Waste;
Educating Service Recipients on the benefits of participation in Recycling and Organic Waste
Collection programs; and
Implementing public education and outreach programs in the City’s schools, business
community, City facilities, and special events.
2.5. Forms
Proposers must provide a copy of Form A and Form B of Section F, in the order they are listed in Section
F with their proposals. Proposers shall use only the forms and format provided. Any deviation from
those provided may be grounds for rejection of the entire proposal.
Proposers must provide their proposed Service Rates. Proposers shall use only the forms and format
provided. Any deviation from those provided may be grounds for rejection of the entire proposal.
Proposed rates must include recycling and Organic Waste programs that are fully compliant with SB
1383 regulations, and all requirements under AB 1594, AB 341, AB 1826, and any other existing
applicable regulations.
2.6. Proposal Service Alternatives and Agreement Exceptions
Proposers may submit alternatives to the services listed in this RFP, or exceptions to the Franchise
Agreement language. However, proposers must propose on all required services as included in this
RFP or their proposal will be rejected as being non-responsive. If service alternatives or Franchise
Agreement exceptions are presented, as provided for in this section of the RFP, they must be included
as an attachment to the proposal and must contain the price of the service alternatives using the
forms provided in Section 7 of this RFP and must include specific language necessary for inclusion in
the Franchise Agreement.
Each Franchise Agreement exception must be presented by stating: The specific exception, the page
and line numbers of the exception, the suggested changes to the program related to the exception,
the suggested changes in the Franchise Agreement language related to the exception, the manner in
which the proposed change would benefit the City, the Service Recipients or both.
Please note that the City has no obligation to accept any proposed service alternative or Franchise
Agreement exception. Proposals will be evaluated based on the required services and Agreement
language as set forth in this RFP.
2.7. Appendix
Proposers may provide any additional technical information (i.e., only information specifically related
to equipment of services to be provided) that they believe to be applicable to this proposal and
include such information as an appendix. Proposers are discouraged to include marketing material,
education and outreach material or other additional information not related to the equipment or
services to be provided.
City of Santa Clarita | Proposal #ES-21-22-16 Page 41 of 90
SECTION E
Selection Criteria
City of Santa Clarita | Proposal #ES-21-22-16 Page 42 of 90
SELECTION CRITERIA
PROPOSAL # ES-21-22-16
Solid Waste Services
Residential and Commercial Garbage, Recyclable Material
and Organic Waste Collection Services
City of Santa Clarita, California
1. EVALUATION OF PROPOSALS
Those proposals that have passed the initial “Pass/Fail” review described below will be evaluated and
scored by the Evaluation Team, which may consist of City staff members, consultants, and other
evaluators at the discretion of the City Manager, based on the following evaluation criteria:
Qualifications
Technical Approach
Sustainability
Service Rates
A consensus scoring model will be used, with City Council having final approval. The results of the
evaluation process will be presented to the City Council for direction by City Council on the next steps
following the evaluation and negotiation process. In determining and evaluating the best proposal, the
prices will not necessarily be controlling, but quality, equality, efficiency, utility, general terms, delivery,
suitability of the service offered, and the reputation of the service in general use will also be considered,
with any other relevant factors.
The following subsections provide a brief discussion of each of the evaluation criteria listed above.
2. PASS/FAIL REVIEW
A panel of City staff members and such other parties as the City deems necessary, will conduct an initial
“Pass/Fail” review of all proposals submitted to check for completeness and compliance with the proposal
requirements. Proposals that have been determined to be complete and in compliance with the proposal
requirements will undergo further evaluation. Proposals that are not complete or are not in compliance
with the submittal requirements may be disqualified from further evaluation and will be returned to the
proposer.
3. EVALUATION CRITERIA
3.1. Qualifications
General Qualifications
The experience, past practices and prior performance of each proposer will be evaluated to
determine the relative ability of each proposer to implement the program elements described in
this RFP and to attain the City objectives for solid waste management. Qualifications, evaluation
criteria and areas of experience to be considered will include without limitation:
City of Santa Clarita | Proposal #ES-21-22-16 Page 43 of 90
Qualifications and structure of project management team, relationships between
management team and corporate management, and internal controls;
Previous experience, past practice and prior performance providing services to
jurisdictions of similar size;
Successful prior operation of residential and commercial solid waste programs;
Implementation and administration of complex solid waste collection systems, including
equipment selection and route design;
Successful operation of Recyclable Material and Organic Waste programs that achieve
high participation levels and diversion rates;
Cost-effective processing and marketing of Recyclable Material and Organic Waste with
demonstrated success in attaining highest and best uses for such materials (if applicable);
Demonstrated expertise in implementing and maintaining customer service programs,
including the development and use of performance measures and benchmarking;
Previous experience, past practice and prior performance in successfully designing and
implementing transition plans, relevant to this RFP;
Experience in designing, implementing, and operating public education and information
programs that promote high participation and diversion;
Demonstrated expertise in designing and using data management systems to assure
accurate data collection, analysis and reporting;
References whom the City may contact regarding past practices and prior performance;
and
Litigation history.
Financial Qualifications
Each proposal will be also evaluated to assess the relative financial capacity and strength of the
proposer. This will include without limitation:
An evaluation of financial statements;
A financial review of each proposer, including a review of key financial indicators,
outstanding debt and debt coverage ratios, ability to finance capital purchases and
needed start-up investments in equipment; and
Proposer’s capacity and plans for responding to fluctuations in the value of recyclable
material markets.
3.2. Technical Approach
The purpose of the technical review is to evaluate how the Proposer can meet the proposed
performance specifications and criteria on a long-term basis, as well as transition. The technical
evaluation will include without limitation:
Proposer’s overall collection approach (automated collection, split-body collection
vehicles, diversion facilities to be used, types of containers to be used, etc.);
Proposer’s approach to transition that minimizes disruption to the community and
Proposer’s implementation schedule;
City of Santa Clarita | Proposal #ES-21-22-16 Page 44 of 90
Review of the Proposer’s processing facility(ies) for Recyclable Material and Organic
Waste. Proposers will be disqualified for offering a processing facility(ies) that is not fully
permitted and/or is not capable of handling the volume and types of materials generated
by the City during the term of the Franchise Agreement, taking into consideration any
existing obligations on the part of the facility(ies). Processing facilities must have
appropriate permits from all applicable regulatory entities (including, but not limited to,
CalRecycle and the Local Enforcement Agency) in place at all times;
The location of proposed disposal and processing facilities, and effect of material
transportation distances on greenhouse gas (GHG) emissions;
Proposer’s approach to providing a high quality and customized customer service
program;
Proposer’s data management system for tracking customer service data, and providing
accurate reports to the City;
Commitment to employee and public safety; and
Proposer’s approach to provide City with annual updates on new innovations to consider.
3.3. Sustainability
Diversion Programs
Each proposal will be evaluated based on their approach to providing innovative, high quality and
effective processing and marketing of Recyclable Material (and Organic Waste if appropriate),
reducing greenhouse gas emissions, meeting or exceeding diversion requirements, and Proposer’s
internal sustainability practices.
Education and Outreach Program
Each proposal will be evaluated based on the Proposer’s approach to provide effective and innovate
strategies to delivering Education and Outreach materials to all Service Recipients that will results
in higher awareness of and participation in all required services, promote achievement of diversion
requirements, and reduce contamination of collected Organic Waste and Recyclable Materials.
3.4. Service Rates
The Service Rate evaluation is intended to provide an equitable basis for comparison between
proposals and an evaluation of the effect of programs on Service Rates. Only Service Rate
information as submitted by Proposers will be used in this evaluation. The proposals will be
reviewed to verify that the proposed Service Rates are consistent with the activities described in
the proposal and the Proposer’s work plans, and as part of the evaluation the City may require that
Proposers provide detailed assumptions made in developing their Service Rates. Proposed Service
Rates, including rates for optional services, will be compared by services. Note, however, that
Service Rates for alternatives as provided for in Section 5.5.6 of this RFP will not be included as part
of the Service Recipient Rate evaluation.
Please note the following:
Throughout the term of the Franchise Agreement, the selected Contractor may not
charge for any service not explicitly included in the final Service Rates;
City of Santa Clarita | Proposal #ES-21-22-16 Page 45 of 90
Throughout the term of the Franchise Agreement, the selected Contractor will not receive
any revenue that is not based on approved services as allowable to bill using the schedule
of Service Rates; and
Throughout the term of the Franchise Agreement, the only adjustment to Service Rates
will be as provided for via annual rate adjustments or detailed rate reviews (methodology
provided in the Draft Franchise Agreement).
City of Santa Clarita | Proposal #ES-21-22-16 Page 46 of 90
SECTION F
Forms
City of Santa Clarita | Proposal #ES-21-22-16 Page 47 of 90
PROPOSAL FORMS
PROPOSAL # ES-21-22-16
Solid Waste Services
Residential and Commercial Garbage, Recyclable Material
and Organic Waste Collection Services
City of Santa Clarita, California
Proposers that attended the Mandatory Pre-Proposal Video Conference must submit their original singed
Form A as part of their proposal. Additionally, Proposers must complete and submit Forms B - K on the
following pages as part of their proposal. Failure to complete and submit the required forms may result
in disqualification from this RFP process.
Form A: COMMUNICATION PROTOCOL
Form B: PROPOSER’S STATEMENT OF ORGANIZATION
Form C: CERTIFICATION OF NON-GRATUITIES
Form D: CONTAINER SPECIFICATIONS
Form E: VEHICLE SPECIFICATIONS
Form F: NON-COLLUSION AFFIDAVIT OF PROPOSER
Form G: SERVICE RECIPIENT RATE PROPOSAL SUMMARY AND SIGNATURE
Form H: PASS/FAIL REQUIREMENTS
Form I: NOTICE TO PROPOSERS REGARDING CONTRACTUAL REQUIREMENTS
Form J: REFERENCES
Form K: SERVICE RATES
City of Santa Clarita | Proposal #ES-21-22-16 Page 48 of 90
Form A
COMMUNICATION PROTOCOL
The City of Santa Clarita commits to a procurement process for Garbage, Recyclable Material and Organic
Waste Collection Services to be open, objective, and carefully monitored. The following rules will be
adhered to and enforced.
Until the Santa Clarita City Council awards the Franchise Agreement, all contact between participants,
participant’s sub-contractors, participant’s subconsultants, participant’s affiliates, participants lobbyists,
legal or political advisors, or any individual or entity that may be assisting the participant in preparing a
response to this Request for proposals, or providing work to the participant should participant be
selected, and the City of Santa Clarita, shall be in writing by email to:
City of Santa Clarita
Jonathan Cosh
Email: jcosh@santa-clarita.com
All communications between the City of Santa Clarita and a participant, along with the related responses,
will be transmitted simultaneously to all participants that have signed into and attended the
MANDATORY pre-proposal video conference and will be included as part of the evaluation record.
Any participant who fails to recognize or utilize this process of communication will be notified of its
violation and may be subject to disqualification from the selection process at the sole discretion of the
City of Santa Clarita.
Any contact or attempt to contact or directly interact with any elected or appointed official for the
purpose of obtaining information or influencing the Request for Proposal Process, including the selection
process, Form A must be disclosed and will be grounds for determination of non-compliance and
disqualification from the selection process.
All participants must acknowledge and sign this statement as part of the RFP process. All participants
must provide a signed version of this statement electronically three (3) days prior to the MANDATORY
pre-proposal video conference. Participants that do not provide this signed statement will be disqualified
from this procurement process.
On behalf of my company/agency, I understand and accept the rules established in this statement.
Company Name: __________________________
(Print or Type)
Representative: ___________________________ Title: ________________________
(Print or Type)
Primary Representative Phone Number: ________________________
Primary Representative Email: ________________________
Signature: _____________________________ Date: _______________
(Sign in Ink)
City of Santa Clarita | Proposal #ES-21-22-16 Page 49 of 90
Form B
PROPOSER’S STATEMENT OF ORGANIZATION
1. Full Name of Business Concern (Proposer):
______________________________________
Principal Business Address:
____________________________________
____________________________________
2. Principal Contact Person(s):
Name: _____________________________
Phone Number: _____________________________
3. Form of Business Concern:
Corporation Partnership Joint Venture LLC Other __________________
4. Provide names of partners or offices as appropriate and indicate if the individual has the authority to sign in
name of Proposer. Provide proof of the ability of the individuals so named to legally Bind the Proposer.
________________________ ______________________________________ __________________
Name Address Title
5. If a corporation, in what state incorporated: _____________________________
Date Incorporated: ________________ ________ _____________
Month Day Year
6. If a Joint Venture, LLC, or Partnership, date of Agreement: _____________________________
City of Santa Clarita | Proposal #ES-21-22-16 Page 50 of 90
Form B
PROPOSER’S STATEMENT OF ORGANIZATION
7. List all subcontractors participating in this Franchise Agreement:
Name Address
a) ___________________________ _____________________________________________
b) ___________________________ _____________________________________________
c) ___________________________ _____________________________________________
d) ___________________________ _____________________________________________
8. Outline specific areas of responsibility for each firm listed in Question 7. Please include total hours or
percentage of time subcontractor will spend on the project.
a) ___________________________________________________________________________
b) ___________________________________________________________________________
c) ___________________________________________________________________________
d) ___________________________________________________________________________
9. Identify the provisions of any agreement between parties which assigns legal or financial liabilities or
responsibilities:
___________________________________________________________________________
10. If responding firm(s) are a partially or fully-owned subsidiary of another firm, or share common ownership
with another firm, please identify the firms and relationships.
___________________________________________________________________________
City of Santa Clarita | Proposal #ES-21-22-16 Page 51 of 90
Form C
CERTIFICATION OF NON-GRATUITIES
TO: THE CITY OF SANTA CLARITA
CERTIFICATION
This is a written certification, signed under penalty of perjury, stating that no persons acting on behalf of
_____________________ has paid, or offered or attempted to pay, any elected or appointed official, officer or
employee of the City any compensation or consideration, in any form whatsoever, in connection with obtaining or
entering into this Franchise Agreement.
___________________________ _________________________
Name Title
___________________________ _________________________
Signature Date
City of Santa Clarita | Proposal #ES-21-22-16 Page 52 of 90
Form D.1
CART SPECIFICATIONS
(Complete 1 form for each service offered)
1. Select services provided: 2. Will the container be new or used?
Garbage New
Recyclable Material
Organic Waste (Yard Trimmings only)
Organic Waste (Yard Trimmings and Food Waste)
Food Waste only
3. Manufacturer: ____________________________________
4. Material of Construction: ____________________________________
5. Recycled Content (percentage): ____________________________________
6. Manufacturing Method (rotational molding, injection molding, other): ____________________________________
Container Size 32-gal 64-gal 96-gal 1.5 yd 2 yd 3 yd 4 yd 6 yd
7. Color
8. Durability (in service years)
9. Cost of Each Container
10. Dimensions of Each Container
(Length x Width x Height)
11. Wheel Size
12. Manufacturer’s warranty
City of Santa Clarita | Proposal #ES-21-22-16 Page 53 of 90
Form D.2
BIN SPECIFICATIONS
(Complete 1 form for each service offered/ indicate new or used)
1. Select services provided: 2. Will the container be new or used?
Garbage New
Recyclable Material Used
Organic Waste (Yard Trimmings only)
Organic Waste (Yard Trimmings and Food Waste)
Food Waste only
3. Manufacturer: ____________________________________
4. Material of Construction: ____________________________________
5. Recycled Content (percentage): ____________________________________
6. Manufacturing Method (rotational molding, injection molding, other): ____________________________________
Container Size 32-gal 64-gal 96-gal 1.5 yd 2 yd 3 yd 4 yd 6 yd
7. Color
8. Durability (in service years)
9. Cost of Each Container
10. Dimensions of Each Container
(Length x Width x Height)
11. Wheel Size
12. Manufacturer’s warranty
City of Santa Clarita | Proposal #ES-21-22-16 Page 54 of 90
Form D.3
ROLL OFF CONTAINER SPECIFICATIONS
(Complete 1 form for each service offered/ indicate new or used)
1. Select services provided: 2. Will the container be new or used?
Garbage New
Recyclable Material Used
Organic Waste (Yard Trimmings only)
Organic Waste (Yard Trimmings and Food Waste)
Food Waste only
3. Manufacturer: ____________________________________
4. Material of Construction: ____________________________________
5. Recycled Content (percentage): ____________________________________
6. Manufacturing Method (rotational molding, injection molding, other): ____________________________________
Container Size 10 yd 20 yd 30 yd 40 yd
7. Color
8. Durability (in service years)
9. Cost of Each Container
10. Dimensions of Each Container
(Length x Width x Height)
11. Wheel Size
12. Manufacturer’s warranty
City of Santa Clarita | Proposal #ES-21-22-16 Page 55 of 90
Form E
VEHICLE SPECIFICATIONS
(Complete 1 form for each vehicle of service provided/indicate new or used)
1. Select Service:
Organic Waste Other: ______________
Garbage Recyclable Material
New or Refurbished
2. Manufacturer and Model
a. Cab and Chassis
_____________________________
b. Body
_____________________________
c. Engine
_____________________________
d. Transmission
_____________________________
3. Cab and Chassis:
a. Cab Height _____________________________
b. Number of Axles _____________________________
c. Overall Length with Body Mounted _____________________________
4. Body:
a. Type of Body
_____________________________
b. Rated Capacity _____________________________
c. Practical or Net Capacity _____________________________
d. No. of Collection Compartments ____________
e. Net Capacity of Each Compartment cubic yards
____________
f. Overall Body Length inches
____________
g. Body Height inches
____________
h. Body Width inches
____________
i. Loading Height Above Ground ____________ Minimum (inches) ____________ Maximum (inches)
5. Weight ____________ GVW (lbs.) ____________ Tare (lbs.)
6. Will the vehicles be owned, leased, or other?
7. Purchase/lease cost of each vehicle
$ _____________
8. Fuel type
____________
9. Fuel usage ____________ mpg
10. Average fuel per fill ____________ gal/fill
11. Average fills per day ____________ fills/day
12. Average fills per week (M-F) ____________ fills/week
13. Emissions rating
a. CO
____________
g/bhp/hr.
b. HC (total hydrocarbons)
____________
g/bhp/hr.
c. NO
x
____________
g/bhp/hr.
d. Particulate Matter
____________
g/bhp/hr.
14. Safety Features
15. Color
16. GPS Monitoring and Tracking Features
City of Santa Clarita | Proposal #ES-21-22-16 Page 56 of 90
Form F
NON-COLLUSION AFFIDAVIT OF PROPOSER and
DISCLOSURE OF NON-COMPETE AGREEMENTS
State of _________________County of _________________, being duly sworn, deposes and says that:
1. He/She is _________________ of ________________, the Proposer that has submitted the attached proposal;
2. He/She is fully informed respecting the preparation and contents of the attached proposal and of all pertinent
circumstances respecting such proposal;
3. Such proposal is genuine and is not a collusive or sham proposal;
4. Neither said Proposer nor any of its officers, partners, owners, agents, representatives, employees, or parties in
interest, including this affiant, has in any way colluded, connived, or agreed, directly or indirectly, with any other
Proposer, firm or person to submit a collusive or sham proposal in connection with the Franchise Agreement for
which the attached proposal has been submitted or to refrain from proposing in connection with such Franchise
Agreement, or has in any manner, directly or indirectly, sought by agreement or collision or communication or
conference with any other Proposer, firm, or person to fix the price or prices in the attached RFP, or of any other
Proposer, or to fix any overhead, profit or cost component of the proposal or the response of any other Proposer, or
to secure through any collusion, connivance, or unlawful agreement any advantage against the City of Santa Clarita,
CA or any person interested in the proposed Franchise Agreement; and
5. The rate proposal in the attached RFP is fair and proper and are not tainted by any collusion, conspiracy, connivance,
or unlawful agreement on the part of the Proposer or any of its agents, representatives, owners, employees, or parties
in interest, including this affiant.
6. Proposer must list the name of any and all other solid waste service providers and/or affiliates that it has a “non-
compete” agreement with that prohibits the other solid waste services provider from proposing on services as
requested in this RFP. Failure to disclose this information will result in immediate disqualification from this RFP
process.
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_______________________________________ ______________________________
Signed Title
Subscribed and sworn to before me this day of _____________________, __________.
_______________________________________ My Commission Expires: ______________
Notary Public, State of California
City of Santa Clarita | Proposal #ES-21-22-16 Page 57 of 90
Form G
SERVICE RECIPIENT RATE PROPOSAL
SUMMARY AND SIGNATURE
In preparing the Rate Proposal Forms Proposers should be aware of the following:
All collection service rates proposed on these forms for City of Santa Clarita shall be fixed through June 31, 2024, and
should reflect service requirements as specified in the Franchise Agreement.
The Undersigned hereby certifies as follows:
That _________________ have personally and carefully examined the specifications and instructions for the work to be
done as set forth in Sections A - F of this RFP and the Draft Franchise Agreement (Attachment 1).
That _________________ have made examination of the services as applicable to the proposal, and fully understand
the character of the work to be done.
That _________________agrees to pay the City the Reimbursement for the Cost of the Procurement Process within 30
days of award of the Franchise Agreement.
That, having made the necessary examination, the undersigned hereby proposes to furnish all materials, vehicles,
plant, equipment and facilities, and to perform all labor and services which may be required to do said work with the
time fixed and upon the terms and conditions provided in the Franchise Agreement, at the service rates set forth on
the Rate Proposal Forms set forth below:
PROPOSER: _________________
President/Partner/Owner/Managing Member _________________
Secretary _________________
Firm Name _________________
Individual: Partnership: Joint Venture: Corporation: , A Corporation (State of Incorporation)
LLC:
Signature Instructions:
If business is a CORPORATION, name of the corporation should be listed in full and both President and Secretary must
sign the form, OR if one signature is permitted by corporation by-laws, a copy of the by-laws shall be furnished to the
City as part of the proposal.
If business is a PARTNERSHIP, the full name of each partner should be listed followed by d/b/a (doing business as) and
firm or trade name; any one partner may sign the form.
If the business is a LIMITED LIABILITY COMPANY, the Managing Member must sign the form.
If the business is INDIVIDUAL PROPRIETORSHIP, the name of the owner should appear followed by d/b/a and name of
the company.
If business is a JOINT VENTURE, the full name of each joint venturer should be listed in full and each joint venturer
must sign the form, OR if one signature is permitted by the joint venture agreement or by-laws, a copy of the
agreement or by-laws shall be furnished to the City as part of the proposal.
Signature: ______________________________________ Date: _________________
City of Santa Clarita | Proposal #ES-21-22-16 Page 58 of 90
Form H
PASS/FAIL REQUIREMENTS
PROPOSER NAME: _________________
(name of the entity that will sign the Franchise Agreement in the event one is awarded)
Key Contact Information
Name: _________________
Title: _________________
Address: __________________________________________________
Telephone Number: _________________
Email: ____________________________
The Undersigned hereby certifies as follows (initial next to each statement):
______ The Proposer has attended the MANDATORY pre-proposal video conference held on February 10, 2022 at 2:00
p.m. PT.
______ The Proposer has provided all required items in Section 1 of their Proposal, including Cover Letter, Executive
Summary, Proposal Bond, Performance Bond Commitment Letter, and Signed Copies of Addenda.
______ The Proposer certifies that Proposer has agreed to meet the specifications and instructions for the services to
be done as set forth in Sections A - F of this RFP.
______ The Proposer certifies that Proposer has agreed to meet the specifications and requirements as set forth in the
Draft Franchise Agreement (Attachment 1).
______ The Proposer certifies that Proposer has made an examination of the services as applicable to the proposal, and
fully understands the character of the work to be done.
______ The Proposer warrants that the requirements of the Draft Franchise Agreement as described in this RFP, its
enclosures, and all addenda have been thoroughly reviewed and the Proposer has conducted all due diligence
necessary to confirm material facts upon which the proposal is based.
______ The Proposer certifies that all proposed transfer and processing facilities are fully permitted and capable of
handling the City of Santa Clarita’s Solid Waste during the term of the Franchise Agreement. Processing facilities must
have appropriate permits from all applicable regulatory entities (including but not limited to CalRecycle and the Local
Enforcement Agency) in place at all times.
______ The Proposer certifies the use of the Sunshine Canyon Landfill is not allowed under this Agreement.
______ The Proposer certifies that the Proposer understands that the Service Rates for all accounts serviced under this
Agreement must abide by the Santa Clarita Valley Rate Cap as stated in Section C, 13 of this RFP.
______ The Proposer agrees to pay fifty percent (50%) of the cost of each of the two (2) Performance Reviews, during
the initial term of the Agreement. This amount will be escalated annually by the percentage increase of percentage
change in the “Consumer Price Index” (CPI), (or another mutually agreed-upon index if this one is no longer published)
between the most recently published twelve-month average (September 1 – August 31) index and the corresponding
index published twelve months earlier, or 3.5% whichever is less, with an adjustment floor set at 0.0%. Adjusted cost
shall be rounded to the nearest cent.
_____ The Proposer Agrees to the conditions of the Santa Clarita Valley Rate Cap, capping rates to the City at a level
below all jurisdictions, including Incorporated Cities and Unincorporated County Areas, with franchised collection
services in the Santa Clarita Valley.
City of Santa Clarita | Proposal #ES-21-22-16 Page 59 of 90
Form H
PASS/FAIL REQUIREMENTS
______ The Proposer agrees to submit a Performance Bond or Letter of Credit in the amount of two million dollars
($2,000,000) effective July 1, 2023.
______ The Proposer agrees to reimburse the City three hundred thousand dollars ($300,000) for the solicitation,
evaluation and award of this procurement process. This one-time payment is due and payable to the City within thirty
(30) days after the Effective Date of the Franchise Agreement.
______ The Proposer acknowledges the validity of the proposal contents, including proposed Service Rates and pricing
for a period of one hundred eighty (180) days from the proposal due date.
Having made the necessary examination, the undersigned hereby proposes to furnish all materials, vehicles, plant,
equipment and facilities, and to perform all labor and services which may be required to do said work within the time
fixed and upon the terms and conditions provided in the Franchise Agreement (Attachment 1), at the service rates set
forth on Form K (Attachment 2):
PROPOSER: _________________
President/Partner/Owner/Managing Member _________________
Secretary _________________
Firm Name _________________
Individual: Partnership: Joint Venture: Corporation: , A Corporation (State of Incorporation)
LLC:
Signature: ______________________________________ Date: _________________
Signature Instructions:
If business is a CORPORATION, name of the corporation should be listed in full and both President and Secretary must
sign the form, OR if one signature is permitted by corporation by-laws, a copy of the by-laws shall be furnished to the
City as part of the proposal.
If business is a PARTNERSHIP, the full name of each partner should be listed followed by d/b/a (doing business as) and
firm or trade name; any one partner may sign the form.
If the business is INDIVIDUAL PROPRIETORSHIP, the name of the owner should appear followed by d/b/a and name of
the company.
If the business is a LIMITED LIABILITY COMPANY, the Managing Member must sign the form.
If business is a JOINT VENTURE, the full name of each joint venturer should be listed in full and each joint venturer must
sign the form, OR if one signature is permitted by the joint venture agreement or by-laws, a copy of the agreement or
by-laws shall be furnished to the City as part of the proposal.
City of Santa Clarita | Proposal #ES-21-22-16 Page 60 of 90
FORM I: NOTICE TO PROPOSERS REGARDING CONTRACTUAL REQUIREMENTS
PROPOSAL # ES-21-22-16
Solid Waste Services
Residential and Commercial Garbage, Recyclable Material
and Organic Waste Collection Services
City of Santa Clarita, California
1. SUMMARY OF CONTRACT REQUIREMENTS
a. A contract is required for any service performed on behalf of the City. Work cannot begin
until the contract has been fully executed by both parties.
2. SUMMARY OF INSURANCE REQUIREMENTS
a. These are the Insurance Requirements for Contractors providing services or supplies to
the City. By agreeing to perform the work or submitting a proposal, you verify that you
comply with and agree to be bound by these requirements. When Contract documents
are executed, the actual Contract language and Insurance Requirements may include
additional provisions as deemed appropriate by City’s Risk Manager.
b. You should check with your Insurance advisors to verify compliance and determine if
additional coverage or limits may be needed to adequately insure your obligations under
this agreement. These are the minimum required and do not in any way represent or
imply that such coverage is sufficient to adequately cover the Contractor’s liability under
this agreement. The full coverage and limits afforded under Contractor’s policies of
Insurance shall be available to Buyer and these Insurance Requirements shall not in any
way act to reduce coverage that is broader or includes higher limits than those required.
The Insurance obligations under this agreement shall be: 1 - all the Insurance coverage
and limits carried by or available to the Contractor; or 2 - the minimum Insurance
requirements shown in this agreement, whichever is greater. Any insurance proceeds in
excess of the specified minimum limits and coverage required, which are applicable to a
given loss, shall be available to City.
c. Contractor shall furnish the City with original Certificates of Insurance including all
required amendatory endorsements and a copy of the Declarations and Endorsement
Page of the CGL policy listing all policy endorsements to City before work begins. City
reserves the right to require full-certified copies of all Insurance coverage and
endorsements.
3. INSURANCE
a. General Insurance Requirements
i. All insurance shall be primary insurance and shall name City of Santa Clarita as an
additional insured. The naming of an additional insured shall not affect any
recovery to which such additional insured would be entitled under the policy if
not named as an additional insured, and an additional insured shall not be held
liable for any premium or expense of any nature on the policy or any extension
thereof solely because they are an additional insured thereon.
City of Santa Clarita | Proposal #ES-21-22-16 Page 61 of 90
ii. If the operation under this Agreement results in an increased or decreased risk in
the opinion of the City’s Risk Manager, then Contractor agrees that the minimum
limits hereinabove designated shall be changed accordingly upon written request
by the Risk Manager.
iii. Contractor agrees that provisions of this Section as to maintenance of insurance
shall not be construed as limiting in any way the extent to which Contractor may
be held responsible for the payment of damages to persons or property resulting
from Contractor’s activities, the activities of its subcontractor, or the activities of
any person or persons for which Contractor is otherwise responsible.
iv. A Certificate of Insurance, and an additional insured endorsement (for general
and automobile liability), evidencing the above insurance coverage with a
company acceptable to the City’s Risk Manager shall be submitted to City prior
to execution of this Agreement on behalf of the City.
v. The terms of the insurance policy or policies issued to provide the above
insurance coverage shall provide that said insurance may not be amended or
canceled by the carrier, for nonpayment of premiums otherwise, without 30 days
prior written notice of amendment or cancellation to City. In the event the said
insurance is canceled, Contractor shall, prior to the cancellation date, submit new
evidence of insurance in the amounts heretofore established.
vi. All required insurance must be in effect prior to awarding this Agreement, and it
or a successor policy must be in effect for the duration of this Agreement.
Maintenance of proper insurance coverage is a material requirement of this
Agreement, and the failure to maintain and renew coverage or to provide
evidence of renewal may be treated by the City as a material breach of contract.
If Contractor, at any time during the term of this Agreement, should fail to secure
or maintain any insurance required under this Agreement, City shall be permitted
to obtain such insurance in Contractor’s name at Contractor’s sole cost and
expense, or may terminate this Agreement for material breach.
vii. Without limiting any other Contractor obligation regarding insurance, should
Contractor’s insurance required by this Agreement be cancelled at any point prior
to expiration of the policy, Contractor must notify City within 24 hours of receipt
of notice of cancellation. Furthermore, Contractor must obtain replacement
coverage that meets all contractual requirements within 10 days of the prior
insurer’s issuance of notice of cancellation. Contractor must ensure that there is
no lapse in coverage.
b. General Liability and Property Damage Insurance
i. Contractor agrees to procure and maintain general liability and property damage
insurance at its sole expense to protect against loss from liability imposed by law
for damages on account of bodily injury, including death therefrom, and property
damage, suffered or alleged to be suffered by any person or persons
whomsoever, resulting directly from any act or activities of Contractor, its
City of Santa Clarita | Proposal #ES-21-22-16 Page 62 of 90
subcontractors, or any person acting for Contractor or under its control or
direction, and also to protect against loss from liability imposed by law for
damages to any property of any person caused directly or indirectly by or from
acts or activities of Contractor, or its subcontractors, or any person acting for
Contractor, or under its control or direction. Such public liability and property
damage insurance shall also provide for and protect City against incurring any
legal cost in defending claims for alleged loss. Such general liability and property
damage insurance shall be maintained in the following minimum limits: A
combined single-limit policy with coverage limits in the amount of $1,000,000 per
occurrence will be considered equivalent to the required minimum limits.
c. Automotive Insurance
i. Contractor shall procure and maintain public liability and property damage
insurance coverage for automotive equipment with coverage limits of not less
than $1,000,000 combined single limit. If Contractor does not use automobiles in
performing its work under this Agreement, Contractor shall provide a waiver
releasing City from all liability resulting from Contractor’s use of personal vehicles
under this Agreement.
d. Worker’s Compensation Insurance
i. Contractor shall procure and maintain Worker’s Compensation Insurance in the
amount of $1,000,000 per occurrence or as will fully comply with the laws of the
State of California and which shall indemnify, insure, and provide legal defense
for both Contractor and City against any loss, claim, or damage arising from any
injuries or occupational diseases happening to any worker employed by
Contractor in the course of carrying out this Agreement.
ii. Waiver of Subrogation: The insurer(s) agree to waive all rights of subrogation
against City, its elected or appointed officers, officials, agents, volunteers and
employees for losses paid under the terms of the workers compensation policy
which arise from work performed by Contractor for City.
Questions and requests for modification of these terms must be negotiated and approved prior to bid
closing and are at the full discretion of the City.
I have read and understand the above requirements and agree to be bound by them for any work
performed for the City.
Authorized Signature: ______________________________ Date: ___________________
Printed Name: ____________________________________
City of Santa Clarita | Proposal #ES-21-22-16 Page 63 of 90
FORM J: REFERENCES
PROPOSAL # ES-21-22-16
Solid Waste Services
Residential and Commercial Garbage, Recyclable Material
and Organic Waste Collection Services
City of Santa Clarita, California
The following are the names, addresses, and telephone numbers of three public agencies for which Proposer
has performed work of a similar scope and size within the past 3 years. If the instructions on this form conflict
with the references requested in the scope of work, the scope of work shall govern. Complete this form out
accordingly. Fill out this form completely and upload it with your proposal.
1. __________________________________________________________________________________
Name and Address of Owner / Agency
__________________________________________________________________________________
Name and Telephone Number of Person Familiar with Project
__________________________________________________________________________________
Contract Amount Type of Work Date Completed
2. __________________________________________________________________________________
Name and Address of Owner / Agency
__________________________________________________________________________________
Name and Telephone Number of Person Familiar with Project
__________________________________________________________________________________
Contract Amount Type of Work Date Completed
3. __________________________________________________________________________________
Name and Address of Owner / Agency
__________________________________________________________________________________
Name and Telephone Number of Person Familiar with Project
__________________________________________________________________________________
Contract Amount Type of Work Date Completed
The following are the names, addresses, and telephone numbers of all brokers and sureties from whom
Proposer intends to procure insurance bonds:
_____________________________________________________________________________________
_____________________________________________________________________________________
City of Santa Clarita | Proposal #ES-21-22-16 Page 64 of 90
Form K
SERVICE RATE PROPOSAL - INSTRUCTIONS
Form K is provided in an Excel workbook. Form K shall be submitted in hard copy format and on a USB drive in
Microsoft Excel format. In completing your hard copy of the Customer Rate Forms, use the Excel Workbook, but
you may also compete the following hard copy forms.
Designated Tab Instruction
Please include all proposed Maximum Service Rates for services available to SFD Service
Recipients.
For any of the requested SFD cart sizes or services that the Proposer does not offer,
Tab A
please fill in as "N/A".
SFD 2023 Rates
If the Proposer has additional SFD container size options or services that are not included
in the requested services, please add them into the "Other" section with the
corresponding rates.
Please include all proposed Maximum Service Rates for service levels and items available
to MFD Service Recipients.
For any of the requested MFD collection container sizes or collection frequencies that the
Proposer does not offer, please fill in as "N/A".
If the Proposer has additional MFD container size, frequency, or service options that are
not included in the requested services, please add them into the "Other" section with the
corresponding rates.
NOTE:
All Multi-Family Dwelling Trash Rates include the equivalent of one 96-Gallon recycling
cart and one 32-Gallon Organic Waste cart per unit in the MFD complex. Any increased or
additional collection service request for Recycling/Organic Waste/Green Waste/Food
Tab B
Waste will be offset by the included bundled cost of Recycling/Organic Waste/Green
MFD 2023 Rates
Waste/Food Waste.
For Example:
The cost for a 96-Gallon Recycling Cart is $60 for once-a-week collection. This cost
a.)
is already included with the bundled trash rate.
Should the Service Recipient increase the collection frequency to twice a week
b.)
collection, the cost for recycling collection is NOT $120, it is $60 for the increased
collection.
The unbundled rate may be $120 for twice a week collection, however that rate is
c.)
being offset by the already included once a week collection rate, which results in a
twice a week collection rate at $60.
Please include all proposed Maximum Service Rates for service levels and items available
to Commercial Service Recipients.
For any of the requested Commercial collection container sizes or collection frequencies
Tab C
that the Proposer does not offer, please fill in as "N/A".
Commercial 2023
If the Proposer has additional Commercial collection container size, frequency, or service
Rates
options that are not included in the requested service levels, please add them into the
"Other" section with the corresponding rates.
City of Santa Clarita | Proposal #ES-21-22-16 Page 65 of 90
Form K
SERVICE RATE PROPOSAL - INSTRUCTIONS
NOTE:
All Commercial Trash Rates include the equivalent of one 96-Gallon recycling cart and
one 32-Gallon Organic Waste cart per Commercial service unit. Any increased or
additional collection service request for Recycling/Organic Waste/Green Waste/Food
Waste will be offset by the included bundled cost of Recycling/Organic Waste/Green
Waste/Food Waste.
For Example:
The cost for a 96-Gallon Recycling Cart is $60 for once-a-week collection. This cost
a.)
is already included with the bundled trash rate.
Should the Service Recipient increase the collection frequency to twice a week
b.)
collection, the cost for recycling collection is NOT $120, it is $60 for the increased
collection.
The unbundled rate may be $120 for twice a week collection, however that rate is
c.)
being offset by the already included once a week collection rate, which results in a
twice a week collection rate at $60.
Please include all proposed Maximum Service Rates for Additional Service Items. (Lock
charges, Special Pick-Up Charges, etc.)
Tab D
For any of the supplied Additional Service Items that the Proposer does not offer, please
Additional 2023
fill in as "N/A".
Rates
If the Proposer has Additional Service Item options that are not included in the supplied
service levels, please add them into the "Other" section with the corresponding rates.
Please provide the basis of your startup capital expenses (What are the anticipated
Tab E
startup capital costs for proposed trucks and containers by line of business?).
Capital Start Cost
Tab F
Estimated Account
Please provide the Estimated Account Migration for Year 1, Year 5, and Year 10.
Migration
City of Santa Clarita | Proposal #ES-21-22-16 Page 66 of 90
Proposer's Name:
Form K, Tab A: Single-Family Dwelling Maximum Service Rates
Rate Schedule Effective 7/1/2023
Billing
Service Descriptions Proposed Bundled Rate
Frequency
Standard Single -Family Automated Cart Service
per month
(96-Gallon Trash, 96-Gallon Recycling, 96-Gallon Organic Waste)
64-Gallon Single-Family Automated Cart Service
per month
(64-Gallon Trash, 96-Gallon Recycling, 96-Gallon Organic Waste)
32-Gallon Single-Family Automated Cart Service
per month
(32-Gallon Trash, 96-Gallon Recycling, 96-Gallon Organic Waste)
Additional Trash Cart each cart
Restart of Service (Auto-Resume Fee) per occurrence
Cart Delivery per occurrence
Cart Removal per occurrence
Cart Exchange per occurrence
Residential Cart Replacement Fee per occurrence
(Insert additional service or containers) per month
(Insert additional service or containers) per month
(Insert additional service or containers) per month
(Insert additional service or containers) per month
City of Santa Clarita | Proposal #ES-21-22-16 Page 67 of 90
Proposer's Name
Form K, Tab B: Service Rates Multi-Family Dwelling Maximum Service Rates
Rate Schedule Effective 7/1/2023
NOTE:
All Multi-Family Dwelling Trash Rates include the equivalent of one 96-Gallon recycling cart and one 32-Gallon
Organic Waste cart per unit in the MFD complex as part of the Bundled Trash rates. Any increased or additional
collection service request for Recycling/Organic Waste/Green Waste/Food Waste will be offset by the included
bundled cost of Recycling/Organic Waste/Green Waste/Food Waste.
For Example:
a) The cost for a 96-Gallon Recycling Cart is $60 for once-a-week collection. This cost is already included
with the bundled trash rate.
b) Should the Service Recipient increase the collection frequency to twice a week collection, the cost for
recycling collection is not $120, it is $60 for the increased collection.
c) The unbundled Rate may be $120 for twice a week collection, however that rate is being offset by the
already included once a week collection rate, which results in a twice a week collection rate at $60.
City of Santa Clarita | Proposal #ES-21-22-16 Page 68 of 90
Proposer's Name
Form K, Tab B: Service Rates Multi-Family Dwelling Maximum Service Rates
Rate Schedule Effective 7/1/2023
Collection Frequency
Service
1/week 2/week 3/week 4/week 5/week 6/week
Multi-Family Trash (Note: includes 96-Gallon Recycling and 32-Gallon Organic Waste)
64-Gallon Cart
96-Gallon Cart
1 / 1.5 CY Bin
2 CY Bin
3 CY Bin
4 CY Bin
6 CY Bin
2 CY Compactor
3 CY Compactor
6 CY Compactor
Multi-Family Dwelling Recycling
64-Gallon Cart
96-Gallon Cart
1 / 1.5 CY Bin
2 CY Bin
3 CY Bin
4 CY Bin
6 CY Bin
2 CY Compactor
3 CY Compactor
6 CY Compactor
Multi-Family Organic Waste (Green Waste and Food Waste)
64-Gallon Cart
96-Gallon Cart
1 / 1.5 CY Bin
City of Santa Clarita | Proposal #ES-21-22-16 Page 69 of 90
Proposer's Name
Form K, Tab B: Service Rates Multi-Family Dwelling Maximum Service Rates
Rate Schedule Effective 7/1/2023
Collection Frequency
Service
1/week 2/week 3/week 4/week 5/week 6/week
2 CY Bin
3 CY Bin
4 CY Bin
6 CY Bin
Multi-Family Dwelling Green Waste Only (if applicable)
64-Gallon Cart
96-Gallon Cart
1 / 1.5 CY Bin
2 CY Bin
3 CY Bin
4 CY Bin
6 CY Bin
Multi-Family Dwelling Food Waste Only (if applicable)
64-Gallon Cart
96-Gallon Cart
1 / 1.5 CY Bin
2 CY Bin
Multi-Family Dwelling Other / Additional Services
(insert additional service or containers w/frequency) Per Occurrence
(insert additional service or containers w/frequency) Per Occurrence
City of Santa Clarita | Proposal #ES-21-22-16 Page 70 of 90
Proposer's Name
Form K, Tab C: Service Rates Commercial Maximum Service Rates
Rate Schedule Effective 7/1/2023
NOTE:
All Commercial Trash Rates include the equivalent of one 96-Gallon recycling cart and one 32-Gallon Organic
Waste cart per unit as part of the Bundled Trash rates. Any increased or additional collection service request for
Recycling/Organic Waste/Green Waste/Food Waste will be offset by the included bundled cost of
Recycling/Organic Waste/Green Waste/Food Waste.
For Example:
a) The cost for a 96-Gallon Recycling Cart is $60 for once-a-week collection. This cost is already included
with the bundled trash rate.
b) Should the Service Recipient increase the collection frequency to twice a week collection, the cost for
recycling collection is not $120, it is $60 for the increased collection.
c) The unbundled Rate may be $120 for twice a week collection, however that rate is being offset by the
already included once a week collection rate, which results in a twice a week collection rate at $60.
City of Santa Clarita | Proposal #ES-21-22-16 Page 71 of 90
Proposer's Name
Form K, Tab C: Service Rates Commercial Maximum Service Rates
Rate Schedule Effective 7/1/2023
Collection Frequency
Service
1/week 2/week 3/week 4/week 5/week 6/week
Commercial Trash (Note: includes 96-Gallon Recycling and 32-Gallon Organic Waste)
64-Gallon Cart
96-Gallon Cart
1 / 1.5 CY Bin
2 CY B
3 CY Bin
4 CY Bin
6 CY Bin
2 CY Compactor
3 CY Compactor
6 CY Compactor
Commercial Recycling
64-Gallon Cart
96-Gallon Cart
1 / 1.5 CY Bin
2 CY Bin
3 CY Bin
4 CY Bin
6 CY Bin
2 CY Compactor
3 CY Compactor
6 CY Compactor
City of Santa Clarita | Proposal #ES-21-22-16 Page 72 of 90
Proposer's Name
Form K, Tab C: Service Rates Commercial Maximum Service Rates
Rate Schedule Effective 7/1/2023
Collection Frequency
Service
1/week 2/week 3/week 4/week 5/week 6/week
Commercial Organic Waste (Green Waste and Food Waste)
64-Gallon Cart
96-Gallon Cart
1 / 1.5 CY Bin
2 CY Bin
3 CY Bin
4 CY Bin
6 CY Bin
Commercial Green Waste Only (if applicable)
64-Gallon Cart
96-Gallon Cart
1 / 1.5 CY Bin
2 CY Bin
3 CY Bin
4 CY Bin
6 CY Bin
Commercial Food Waste Only (if applicable)
64-Gallon Cart
96-Gallon Cart
1 / 1.5 CY Bin
2 CY Bin
Commercial Other / Additional Services
(insert additional service or containers w/frequency) Per Occurrence
(insert additional service or containers w/frequency) Per Occurrence
(insert additional service or containers w/frequency) Per Occurrence
City of Santa Clarita | Proposal #ES-21-22-16 Page 73 of 90
Proposer's Name
Form K, Tab D: Additional Services Maximum Service Rates
Rate Schedule Effective 7/1/2023
Service Descriptions Billing Frequency Proposed Rate
Other Services
Locking Bin, Lock on Gate, enclosure Monthly Fee per lock per month
Trip Charge/Dry Run per occurrence
Restart of Service (auto resume fee) per occurrence
Setup Fee per occurrence
Delivery Charge per occurrence
Delivery Charge Commercial Carts per occurrence
Removal per occurrence
Exchange Fee per occurrence
Stinger / Scout Service fee per bin per service
Recycling Contamination Fee per occurrence
Overage Fee per occurrence
Commercial Manure Collection (64 gallon Cart) Per month
Commercial Manure Collection (2 CY Bin) Per month
Emergency Services (Section 20.01) per occurrence
Push Rate
Push Rate - 25 feet
1 pickup per week per month
2 pickup per week per month
3 pickup per week per month
4 pickup per week per month
5 pickup per week per month
6 pickup per week per month
City of Santa Clarita | Proposal #ES-21-22-16 Page 74 of 90
Proposer's Name
Form K, Tab D: Additional Services Maximum Service Rates
Rate Schedule Effective 7/1/2023
Service Descriptions Billing Frequency Proposed Rate
Push Rate - 50 feet
1 pickup per week per month
2 pickup per week per month
3 pickup per week per month
4 pickup per week per month
5 pickup per week per month
6 pickup per week per month
Push Rate - 75 feet
1 pickup per week per month
2 pickup per week per month
3 pickup per week per month
4 pickup per week per month
5 pickup per week per month
6 pickup per week per month
Push Rate - 100 feet
1 pickup per week per month
2 pickup per week per month
3 pickup per week per month
4 pickup per week per month
5 pickup per week per month
6 pickup per week per month
City of Santa Clarita | Proposal #ES-21-22-16 Page 75 of 90
Proposer's Name
Form K, Tab D: Additional Services Maximum Service Rates
Rate Schedule Effective 7/1/2023
Service Descriptions Billing Frequency Proposed Rate
Roll-Off Pull Rates
Roll-Off Containers billed on a per pull plus processing or disposal fee
10 Cubic Yard Container per pull per haul
20 Cubic Yard Container per pull per haul
30 Cubic Yard Container per pull per haul
40 Cubic Yard Container per pull per haul
City of Santa Clarita | Proposal #ES-21-22-16 Page 76 of 90
Proposer's Name
Form K, Tab E: Start Up Capital Costs
Rate Schedule Effective 7/1/2023
Startup Capital Expenses
Line of Business Residential Commercial Roll Off
Number Number Number
Item Price/Unit Price/Unit Price/Unit
Each Each Each
Front End Loader
Automated Side
Loader
Roll-off Truck
Scout Truck
Other (Describe):
32-Gallon Cart
64-Gallon Cart
96-Gallon Cart
1 CY Bin
1.5 CY Bin
2 CY Bin
3 CY Bin
4 CY Bin
6 CY Bin
10 CY Roll-Off
20 CY Roll-Off
30 CY Roll-Off
City of Santa Clarita | Proposal #ES-21-22-16 Page 77 of 90
Proposer's Name
Form K, Tab E: Start Up Capital Costs
Rate Schedule Effective 7/1/2023
Startup Capital Expenses
Line of Business Residential Commercial Roll Off
Number Number Number
Item Price/Unit Price/Unit Price/Unit
Each Each Each
40 CY Roll-Off
Other Capital Items
Residential Commercial Roll Off
Other (Describe)
Other (Describe)
Total Anticipated
$ $ $
Startup Capital Costs
City of Santa Clarita | Proposal #ES-21-22-16 Page 78 of 90
Proposer's Name
Form K, Tab F: Estimated Account Migration
Single-Family Dwelling
7/1/2023 7/1/2028 7/1/2033
Service Level
(Year 1) (Year 5) (Year 10)
96-Gallon Automated Cart Service
(includes 96-Gallon Trash, 96-Gallon Recycling,
96-Gallon Organic - Food & Green)
64-Gallon Automated Cart Service
(includes 64-Gallon Trash, 96-Gallon Recycling,
96-Gallon Organic - Food & Green)
32-Gallon Automated Cart Service
(includes 32-Gallon Trash, 96-Gallon Recycling,
96-Gallon Organic - Food & Green)
City of Santa Clarita | Proposal #ES-21-22-16 Page 79 of 90
Proposer's Name
Form K, Tab F: Estimated Account Migration
Multi-Family Dwelling Commercial
Service Level and Frequency
7/1/2023 7/1/2028 7/1/2033 7/1/2023 7/1/2028 7/1/2033
(Year 1) (Year 5) (Year 10) (Year 1) (Year 5) (Year 10)
1 pickup / week
2 pickups / week
3 pickups / week
Trash
4 pickups / week
1 CY
5 pickups / week
6 pickups / week
1 pickup / week
2 pickups / week
3 pickups / week
4 pickups / week
1.5 CY Trash
5 pickups / week
6 pickups / week
1 pickup / week
2 pickups / week
3 pickups / week
4 pickups / week
2 CY Trash
5 pickups / week
6 pickups / week
1 pickup / week
2 pickups / week
3 pickups / week
4 pickups / week
3 CY Trash
5 pickups / week
6 pickups / week
City of Santa Clarita | Proposal #ES-21-22-16 Page 80 of 90
Proposer's Name
Form K, Tab F: Estimated Account Migration
Multi-Family Dwelling Commercial
Service Level and Frequency
7/1/2023 7/1/2028 7/1/2033 7/1/2023 7/1/2028 7/1/2033
(Year 1) (Year 5) (Year 10) (Year 1) (Year 5) (Year 10)
1 pickup / week
2 pickups / week
3 pickups / week
4 pickups / week
4 CY Trash
5 pickups / week
6 pickups / week
1 pickup / week
2 pickups / week
3 pickups / week
4 pickups / week
6 CY Trash
5 pickups / week
6 pickups / week
1 pickup / week
2 pickups / week
3 pickups / week
4 pickups / week
Gallon Recycling
-
5 pickups / week
96
6 pickups / week
1 pickup / week
2 pickups / week
3 pickups / week
4 pickups / week
1 CY Recycling
5 pickups / week
6 pickups / week
City of Santa Clarita | Proposal #ES-21-22-16 Page 81 of 90
Proposer's Name
Form K, Tab F: Estimated Account Migration
Multi-Family Dwelling Commercial
Service Level and Frequency
7/1/2023 7/1/2028 7/1/2033 7/1/2023 7/1/2028 7/1/2033
(Year 1) (Year 5) (Year 10) (Year 1) (Year 5) (Year 10)
1 pickup / week
2 pickups / week
3 pickups / week
4 pickups / week
1.5 CY Recycling
5 pickups / week
6 pickups / week
1 pickup / week
2 pickups / week
3 pickups / week
4 pickups / week
2 CY Recycling
5 pickups / week
6 pickups / week
1 pickup / week
2 pickups / week
3 pickups / week
4 pickups / week
3 CY Recycling
5 pickups / week
6 pickups / week
1 pickup / week
2 pickups / week
3 pickups / week
4 pickups / week
4 CY Recycling
5 pickups / week
6 pickups / week
City of Santa Clarita | Proposal #ES-21-22-16 Page 82 of 90
Proposer's Name
Form K, Tab F: Estimated Account Migration
Multi-Family Dwelling Commercial
Service Level and Frequency
7/1/2023 7/1/2028 7/1/2033 7/1/2023 7/1/2028 7/1/2033
(Year 1) (Year 5) (Year 10) (Year 1) (Year 5) (Year 10)
1 pickup / week
2 pickups / week
3 pickups / week
4 pickups / week
6 CY Recycling
5 pickups / week
6 pickups / week
1 pickup / week
2 pickups / week
3 pickups / week
4 pickups / week
Waste)
5 pickups / week
Gallon Organic Waste
-
(Green Waste and Food
64
6 pickups / week
1 pickup / week
2 pickups / week
3 pickups / week
4 pickups / week
Waste)
5 pickups / week
Gallon Organic Waste
-
(Green Waste and Food
96
6 pickups / week
1 pickup / week
2 pickups / week
3 pickups / week
4 pickups / week
Waste)
5 pickups / week
1 CY Organic Waste
(Green Waste and Food
6 pickups / week
City of Santa Clarita | Proposal #ES-21-22-16 Page 83 of 90
Proposer's Name
Form K, Tab F: Estimated Account Migration
Multi-Family Dwelling Commercial
Service Level and Frequency
7/1/2023 7/1/2028 7/1/2033 7/1/2023 7/1/2028 7/1/2033
(Year 1) (Year 5) (Year 10) (Year 1) (Year 5) (Year 10)
1 pickup / week
2 pickups / week
3 pickups / week
4 pickups / week
Waste)
5 pickups / week
1.5 CY Organic Waste
(Green Waste and Food
6 pickups / week
1 pickup / week
2 pickups / week
and Food
3 pickups / week
4 pickups / week
Waste)
5 pickups / week
2 CY Organic Waste
(Green Waste
6 pickups / week
1 pickup / week
2 pickups / week
3 pickups / week
4 pickups / week
Waste)
5 pickups / week
3 CY Organic Waste
(Green Waste and Food
6 pickups / week
1 pickup / week
2 pickups / week
3 pickups / week
4 pickups / week
Waste)
5 pickups / week
4 CY Organic Waste
(Green Waste and Food
6 pickups / week
City of Santa Clarita | Proposal #ES-21-22-16 Page 84 of 90
Proposer's Name
Form K, Tab F: Estimated Account Migration
Multi-Family Dwelling Commercial
Service Level and Frequency
7/1/2023 7/1/2028 7/1/2033 7/1/2023 7/1/2028 7/1/2033
(Year 1) (Year 5) (Year 10) (Year 1) (Year 5) (Year 10)
1 pickup / week
2 pickups / week
3 pickups / week
4 pickups / week
Waste)
5 pickups / week
6 CY Organic Waste
(Green Waste and Food
6 pickups / week
1 pickup / week
2 pickups / week
3 pickups / week
4 pickups / week
Gallon Green
-
64
5 pickups / week
6 pickups / week
1 pickup / week
2 pickups / week
3 pickups / week
4 pickups / week
5 pickups / week
Gallon Green Waste
-
96
6 pickups / week
1 pickup / week
2 pickups / week
3 pickups / week
4 pickups / week
5 pickups / week
1 CY Green Waste
6 pickups / week
City of Santa Clarita | Proposal #ES-21-22-16 Page 85 of 90
Proposer's Name
Form K, Tab F: Estimated Account Migration
Multi-Family Dwelling Commercial
Service Level and Frequency
7/1/2023 7/1/2028 7/1/2033 7/1/2023 7/1/2028 7/1/2033
(Year 1) (Year 5) (Year 10) (Year 1) (Year 5) (Year 10)
1 pickup / week
2 pickups / week
3 pickups / week
Green Waste
4 pickups / week
5 pickups / week
1.5 CY
6 pickups / week
1 pickup / week
2 pickups / week
3 pickups / week
4 pickups / week
5 pickups / week
2 CY Green Waste
6 pickups / week
1 pickup / week
2 pickups / week
3 pickups / week
4 pickups / week
3 CY Green
5 pickups / week
6 pickups / week
1 pickup / week
2 pickups / week
3 pickups / week
4 pickups / week
5 pickups / week
4 CY Green Waste
6 pickups / week
City of Santa Clarita | Proposal #ES-21-22-16 Page 86 of 90
Proposer's Name
Form K, Tab F: Estimated Account Migration
Multi-Family Dwelling Commercial
Service Level and Frequency
7/1/2023 7/1/2028 7/1/2033 7/1/2023 7/1/2028 7/1/2033
(Year 1) (Year 5) (Year 10) (Year 1) (Year 5) (Year 10)
1 pickup / week
2 pickups / week
3 pickups / week
4 pickups / week
5 pickups / week
6 CY Green Waste
6 pickups / week
1 pickup / week
2 pickups / week
3 pickups / week
4 pickups / week
Gallon Food
-
64
5 pickups / week
6 pickups / week
1 pickup / week
2 pickups / week
3 pickups / week
4 pickups / week
Gallon Food Waste
5 pickups / week
-
96
6 pickups / week
1 pickup / week
2 pickups / week
3 pickups / week
4 pickups / week
5 pickups / week
1 CY Food Waste
6 pickups / week
City of Santa Clarita | Proposal #ES-21-22-16 Page 87 of 90
Proposer's Name
Form K, Tab F: Estimated Account Migration
Multi-Family Dwelling Commercial
Service Level and Frequency
7/1/2023 7/1/2028 7/1/2033 7/1/2023 7/1/2028 7/1/2033
(Year 1) (Year 5) (Year 10) (Year 1) (Year 5) (Year 10)
1 pickup / week
2 pickups / week
3 pickups / week
4 pickups / week
5 pickups / week
1.5 CY Food Waste
6 pickups / week
1 pickup / week
2 pickups / week
3 pickups / week
4 pickups / week
5 pickups / week
2 CY Food Waste
6 pickups / week
1 pickup / week
2 pickups / week
3 pickups / week
4 pickups / week
5 pickups / week
2 CY Trash Compactor
6 pickups / week
1 pickup / week
2 pickups / week
3 pickups / week
4 pickups / week
5 pickups / week
3 CY Trash Compactor
6 pickups / week
City of Santa Clarita | Proposal #ES-21-22-16 Page 88 of 90
Proposer's Name
Form K, Tab F: Estimated Account Migration
Multi-Family Dwelling Commercial
Service Level and Frequency
7/1/2023 7/1/2028 7/1/2033 7/1/2023 7/1/2028 7/1/2033
(Year 1) (Year 5) (Year 10) (Year 1) (Year 5) (Year 10)
1 pickup / week
2 pickups / week
3 pickups / week
4 pickups / week
6 CY Compactor
5 pickups / week
6 pickups / week
1 pickup / week
2 pickups / week
3 pickups / week
4 pickups / week
5 pickups / week
2 CY Recycling Compactor
6 pickups / week
1 pickup / week
2 pickups / week
3 pickups / week
4 pickups / week
5 pickups / week
3 CY Recycling Compactor
6 pickups / week
1 pickup / week
2 pickups / week
3 pickups / week
4 pickups / week
5 pickups / week
3 CY Recycling Compactor
6 pickups / week
City of Santa Clarita | Proposal #ES-21-22-16 Page 89 of 90
Proposer's Name
Form K, Tab F: Estimated Account Migration
Multi-Family Dwelling Commercial
Service Level and Frequency
7/1/2023 7/1/2028 7/1/2033 7/1/2023 7/1/2028 7/1/2033
(Year 1) (Year 5) (Year 10) (Year 1) (Year 5) (Year 10)
1 pickup / week
2 pickups / week
3 pickups / week
4 pickups / week
(Other Services)
5 pickups / week
6 pickups / week
1 pickup / week
2 pickups / week
3 pickups / week
4 pickups / week
(Other Services)
5 pickups / week
6 pickups / week
City of Santa Clarita | Proposal #ES-21-22-16 Page 90 of 90